LL 02 Amend Code Adding New Ch. 179 Septic Inspection Upon Property transfer STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
W W W.DOS.NY.GOV SECRETARY OF STATE
October 30, 2018 11 12
l
Rose Mellon 0 2
tO
Deputy Town Clerk IN
742 Bay Road d,
Queensbury NY 12804-5902
RE: Town of Queensbury, Local Law 2 2018, filed on October 23, 2018
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEWYORK Department
STATE OF
OPPORTUNITY of State
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, 12231-00
� www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ®Town OVillage
(Select one.)
of Queensbury
Local Law No. 2 of the year 20 18
Alocallaw to Amend Queensbury Town Code by Adding a New Chapter
(Insert Title)
137 Entitled, "Septic Inspection Upon Property Transfer"
Be it enacted by the Town Board of the
(Name of LegislaSve Body)
[]County ❑City ®Town ❑Village
(Select one.)
of Queensbury as follows:
SECTION 1. Queensbury Town Code Chapter 137, "Septic Inspection Upon Property
Transfer"is hereby enacted as follows:
§ 137-1 Title. This Chapter shall be known as "Septic Inspection Upon Property
Transfer."
§ 137-2 Statutory Authority. Enactment of Chapter 137 of the Queensbury Town Code
is pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law.
§ 137-3 Findings and Intent. The intent of this Chapter is to better protect waterbodies
from exposure to excess nutrients and pollutants. The Town of Queensbury finds that the
occurrence of such nutrients and pollutants is increased by the presence of inadequately
(If additional space is needed,attach pages the same size as this sheet,and number each.)
1
DOS-0239-f-I (Rev.06/12) Page 2 of 4
functioning septic systems proximate to waterbodies. In addition, such septic systems are more
likely to be a threat to public health with particularly acute impacts upon the general public
through impairing and contaminating precious ecological resources of the Town of Queensbury
and rendering drinking water unsafe. In determining the geographic scope of this Chapter, the
Town further finds that it is desirable and efficient to rely upon the zoning district boundaries of
the Town of Queensbury Waterfront Residential (WR) zone as properties within this zoning
district are proximate to waterbodies within the Town. As to waterbodies not surrounded or
adjacent to such zoning district, such properties are zoned in such a manner that has adequately
protected and will continue to protect such waterbodies and additional regulation is not currently
needed in such areas at this time
§ 137-4 Compliance Required.
A. Applicability.
This Local Law shall apply to conveyances of real property located wholly or partially in
the Waterfront Residential Zone, as defined in the Town Code, occurring on January 1, 2019 and
thereafter.
B. Property Transfer Inspections.
1. Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an On-site Wastewater Treatment System
(OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes
Enforcement Office (herein referred to as the Building and Codes Enforcement Office). The
inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all
seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic
tank must be uncovered and opened by the property owner or their agent prior to inspection.
The property transfer inspection and pump out shall be arranged by the property owner as early
in the conveyance of real property process as possible in order to obtain an accurate and timely
assessment of the OWTS. The property owner must make arrangements with the Building and
Codes Enforcement Office to schedule the inspection no less than forty eight (48) hours
advance notice and shall coordinate with the septic hauler to be on-site simultaneously. The
cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the
Town of Queensbury prior the inspection.
2. No such conveyance shall take place subject to this Chapter until and unless 1)the
owner/seller has obtained from the Building and Codes Enforcement Office a letter of
acknowledgement demonstrating satisfactory compliance with this Section; 2) the owner/seller
has obtained a variance/waiver from the Town Board in accordance with this Chapter; or 3) the
conveyance is exempt from the property transfer inspection requirements and the owner/seller
complies with all applicable provisions for exemption set forth in this Chapter.
3. As used herein, the term "conveyance of real property" shall mean the transfer of
the title of real estate, in the form of a deed or other legal instrument, whether or not recorded
2
in the Office of the Warren County Clerk. It shall be violation of this law not to have the
property inspected prior to the conveyance of real property.
4. Upon satisfactory inspection in accordance with the protocol set forth in
paragraph 5 below, the Building and Codes Enforcement Office will issue to the property
owner a letter of acknowledgment confirming that the OWTS is functioning properly.
5. The OWTS inspection shall utilize the New York On-site Wastewater Treatment
Training Network (OTN) materials, including the OTN System Inspection Request Form,
Findings Worksheet and Site Report (Inspection Findings) all of which shall be available in the
Building and Codes Enforcement Office. The following minimum standards shall apply to
each inspection:
a. All septic tanks must be within two hundred fifty (250) gallons of the minimum
volume requirement;
b. All holding tanks shall be equipped with a float switch and high level alarm
located in a conspicuous place to indicate when pump out is necessary. A copy of pump
out records shall be submitted during the inspection prior to conveyance of real property;
c. For an aerobic treatment system or enhanced treatment unit (ETU), the new
owner must send a signed copy of an updated service contract to the Town within thirty
(30) days after the conveyance of real property;
d. If the on-site wastewater treatment system is determined to be failing or
inadequate, a written Notice of Violation will be issued. An approved compliance
agreement to correct the violation must be obtained prior to conveyance of real property.
C. Exemption from Property Transfer Inspection. The following conveyances of
real property shall be exempt from the provisions of this law in the following situations and
pursuant to the terms identified below:
1. The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure. In order to qualify for the exemption, a notarized
affidavit must be submitted to the Building and Codes Enforcement Office stating that a) the
dwelling will not be inhabited and that it will be demolished with no immediate plans to
rebuild or b) the dwelling will not be inhabited, it will be demolished and rebuilt in which case
the Affidavit shall be accompanied by a site plan including adequate detail to demonstrate a
lawful OWTS together with a check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000). Such funds will be held in a non-interest bearing escrow account
and will be released in the former case, upon issuance of a Demolition permit and, in the latter
case, upon issuance of a Certificate of Occupancy from the Building and Codes Enforcement
Office.
2. An OWTS inspection was not able to be completed prior to the conveyance of
real property due to inclement weather. In order to qualify for the exemption, a notarized
affidavit from the new property owner to complete the requisite OWTS inspection within six
(6) months of the date of the conveyance of real property, or June 1, whichever comes first,
must be filed with the Building and Codes Enforcement Office. A check payable to the Town
3
of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest
bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office.
3. During the OWTS inspection, a failure of the septic system was determined. Due
to winter and frozen conditions, the repair to an existing OWTS could not occur or a new
OWTS could not be installed before the conveyance of real property. In order to qualify for
the exemption, a notarized affidavit from the new property owner to complete the installation
or repair of the septic system within six (6) months from the date of the conveyance of real
property, or June 1, whichever comes first, must be filed with the Building and Codes
Enforcement Office. A check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be
released upon the completion of the repair or installation of a new septic system and a
satisfactory OWTS inspection from the Building and Codes Enforcement Office.
4. There is record of the property's OWTS having passed Town inspection within
the last three (3) years.
5. Failure to complete the inspection, obtain the permit or complete all
repairs/installations identified in the preceding paragraphs of this section within the time
provided or any subsequent deadline established by the Building and Codes Enforcement
Office will result in forfeiture of the moneys held in escrow and the Town may use such funds
toward abating the conditions caused by each such violation of this Chapter.
D. Failure of OWTS. Failure of an existing OWTS occurs when the standards for
lawful OWTS as set forth in Chapter 136 and this Chapter are not met. While not exhaustive,
some examples of a failing system include the following:
1. Lack of a pre-treatment vessel (i.e. septic tank, aerobic treatment unit, ETU, etc.)
prior to effluent discharge to any subsurface treatment (soil treatment area or absorption field);
2. There is a discharge of effluent directly or indirectly to the ground's surface,
with surface breakouts, ponding or saturated soils over the soil treatment area;
3. Direct pipe surface discharge of grey water (into a dry well, over an
embankment, into a roadside ditch or stream/tributary, etc.);
4. A dye test results in the presence of dye on the ground surface or adjacent /
downstream waterbody;
5. There is a backup of sewage into the home, building, septic tank or facility as a
result of a septic tank overload or malfunction, or a clogged soil treatment area;
6. The septic tank requires pumping more than four times per year and/or sewage is
observed flowing back into the septic tank from the secondary treatment area during pump out;
7. Presence of a metal septic tank that is undersized and/or corroded;
4
8. A cesspool, defined as a covered hole or pit used to receive untreated sewage
from a house or building constructed as a primary source of wastewater disposal.
9. A holding tank that discharges effluent to surrounding sub-surface areas.
10. No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA)
shall be permitted to discharge to any natural outlet or adjoining property.
E. Access to Parcel for Inspection. On properties for which an OWTS inspection
has been requested by the owner or owner's agent pursuant to this Chapter, the Building and
Codes Enforcement Office shall be permitted by the property owner to make a physical
inspection of the lands and premises in order to determine compliance with this Chapter.
§ 137-5 Review.
Appeals from determinations of the Building and Codes Enforcement Office and/or requests for
variance/waivers from the provisions of this Section must be sought from the Town of
Queensbury Town Board as the Local Board of Health within 60 days.
A. Forms for such Appeals and/or requests for variance and waivers will be made
available to the public in the Building and Codes Enforcement Office. Such forms must be
properly filled out and must be submitted to the Building and Codes Enforcement Office with
payment of the applicable fee as established by the Town Board.
B. In evaluating appeals from determinations of the Building and Codes
Enforcement Office, the Town Board may consider whatever information it deems relevant,
including any evidence or information submitted by the Applicant and any information obtained
from the Building and Codes Enforcement Office and/or Town Engineer. In the event additional
information is needed, the Town Board may direct a subsequent inspection of the OWTS at
issue, in which case the Applicant will not be required to make any additional inspection
payments.
C. In regard to any request for variance or waivers, such Applications will be
governed by the procedure set forth in Town Code Section 136-44.1(c)(1)-(3). The Town Board
should take into consideration all matters it deems relevant, including the age of the OWTS,
whether it appears to be functioning, its proximity to any waterbody, its age, the circumstances
concerning the request for variance or waiver and the hardship to the property owner in the event
no variance or waiver is granted.
D. The above remedies shall be exhausted prior to any judicial review.
§ 137-6 Notice of Violation and Penalties
A. If a property owner fails to complete an inspection required by this local law, or to
allow access to the property for the required inspection, or if the property owner fails to comply
with any other provision of this law, a Notice of Violation may be issued by the Building and
Codes Enforcement Office mandating the compliance with the inspection requirements.
B. In the event the property owner in its capacity as grantor was issued a Notice of
Violation and such violation continues for a period of six (6) months, the current property owner
5
(or grantee) too shall be deemed to be in violation of this local law and may be subject to
enforcement proceedings.
C. An offense against any provision of this local law shall constitute a violation,
punishable by a fine not exceeding Nine Hundred and Fifty Dollars ($950), or imprisonment for
a term not exceeding 15 days, or both. Each week such violation continues after notification to
the person in violation shall constitute a separate violation.
SECTION 2. Severability
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this Local Law, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon filing with the New York State
Secretary of State.
6
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
`1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 201 8 of
the)=titljt)nNy)(Town)QMW)of Queensbury was duly passed by the
Town Board on 1 0-1 5— 20 18 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
7
DOS-02394--1 (Rev.06112) Page 3 of 4
6. .(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
"he City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
Me Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this and that the same is a
correct transcript therefrom and of the whole of such original local la , d was Ilya pte n the manner indicated in
paragraph : 1 above. P
Clerk of the county legislative body, wn or Village Clerk or
officer designat y local legislative body
(Seal)
Date: 1 b l
DOS-0239-f-I (Rev.06/12) g
Page 4 of 4
(ELTOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
October 16, 2018
New York State Dept. of State
Division of Corporations, State Records &
Uniform Commercial Code
One Commerce Plaza, 99 Washington Ave.
Albany, NY 1223 1-0001
To Whom It May Concern:
Enclosed please find a copy of Local Law 2, of 2018 To Amend Queensbury Town Code
by Adding a New Chapter 137 Entitled, "Septic Inspection Upon Property Transfer".
If you have any questions please feel free to contact my office.
Respectfully,
Rose Mellon
Deputy Town Clerk I
Town of Queensbury
Enc.
cc: General Code Publishers
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, 12231-0001
www.dos.statate.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ®Town ❑Village
(Select one.)
of Queensbury
Local Law No. 2 of the year 20 18
Alocallaw to Amend Queensbury Town Code by Adding a New Chapter
(insert Two
137 Entitled, "Septic Inspection Upon Property Transfer"
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ®Town QVillage
(Select one.)
of Queensbury as follows:
SECTION 1. Queensbury Town Code Chapter 137, "Septic Inspection Upon Property
Transfer"is hereby enacted as follows:
§ 137-1 Title. This Chapter shall be known as "Septic Inspection Upon Property
Transfer."
§ 137-2 Statutory Authority. Enactment of Chapter 137 of the Queensbury Town Code
is pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law.
§ 137-3 Findings and Intent. The intent of this Chapter is to better protect waterbodies
from exposure to excess nutrients and pollutants. The Town of Queensbury finds that the
occurrence of such nutrients and pollutants is increased by the presence of inadequately
(If additional space is needed,attach pages the same size as this sheet,and number each.)
1
DOS-02394--1 (Rev.06/12) Page 2 of 4
functioning septic systems proximate to waterbodies. In addition, such septic systems are more
likely to be a threat to public health with particularly acute impacts upon the general public
through impairing and contaminating precious ecological resources of the Town of Queensbury
and rendering drinking water unsafe. In determining the geographic scope of this Chapter, the
Town further finds that it is desirable and efficient to rely upon the zoning district boundaries of
the Town of Queensbury Waterfront Residential (WR) zone as properties within this zoning
district are proximate to waterbodies within the Town. As to waterbodies not surrounded or
adjacent to such zoning district, such properties are zoned in such a manner that has adequately
protected and will continue to protect such waterbodies and additional regulation is not currently
needed in such areas at this time
§ 137-4 Compliance Required.
A. Applicability.
This Local Law shall apply to conveyances of real property located wholly or partially in
the Waterfront Residential Zone, as defined in the Town Code, occurring on January 1, 2019 and
thereafter.
B. Property Transfer Inspections.
1. Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an On-site Wastewater Treatment System
(OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes
Enforcement Office (herein referred to as the Building and Codes Enforcement Office). The
inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all
seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic
tank must be uncovered and opened by the property owner or their agent prior to inspection.
The property transfer inspection and pump out shall be arranged by the property owner as early
in the conveyance of real property process as possible in order to obtain an accurate and timely
assessment of the OWTS. The property owner must make arrangements with the Building and
Codes Enforcement Office to schedule the inspection no less than forty eight (48) hours
advance notice and shall coordinate with the septic hauler to be on-site simultaneously. The
cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the
Town of Queensbury prior the inspection.
2. No such conveyance shall take place subject to this Chapter until and unless 1)the
owner/seller has obtained from the Building and Codes Enforcement Office a letter of
acknowledgement demonstrating satisfactory compliance with this Section; 2) the owner/seller
has obtained a variance/waiver from the Town Board in accordance with this Chapter; or 3)the
conveyance is exempt from the property transfer inspection requirements and the owner/seller
complies with all applicable provisions for exemption set forth in this Chapter.
3. As used herein, the term "conveyance of real property" shall mean the transfer of
the title of real estate, in the form of a deed or other legal instrument, whether or not recorded
2
in the Office of the Warren County Clerk. It shall be violation of this law not to have the
property inspected prior to the conveyance of real property.
4. Upon satisfactory inspection in accordance with the protocol set forth in
paragraph 5 below, the Building and Codes Enforcement Office will issue to the property
owner a letter of acknowledgment confirming that the OWTS is functioning properly.
5. The OWTS inspection shall utilize the New York On-site Wastewater Treatment
Training Network (OTN) materials, including the OTN System Inspection Request Form,
Findings Worksheet and Site Report (Inspection Findings) all of which shall be available in the
Building and Codes Enforcement Office. The following minimum standards shall apply to
each inspection:
a. All septic tanks must be within two hundred fifty (250) gallons of the minimum
volume requirement;
b. All holding tanks shall be equipped with a float switch and high level alarm
located in a conspicuous place to indicate when pump out is necessary. A copy of pump
out records shall be submitted during the inspection prior to conveyance of real property;
c. For an aerobic treatment system or enhanced treatment unit (ETU), the new
owner must send a signed copy of an updated service contract to the Town within thirty
(30) days after the conveyance of real property;
d. If the on-site wastewater treatment system is determined to be failing or
inadequate, a written Notice of Violation will be issued. An approved compliance
agreement to correct the violation must be obtained prior to conveyance of real property.
C. Exemption from Property Transfer Inspection. The following conveyances of
real property shall be exempt from the provisions of this law in the following situations and
pursuant to the terms identified below:
I. The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure. In order to qualify for the exemption, a notarized
affidavit must be submitted to the Building and Codes Enforcement Office stating that a) the
dwelling will not be inhabited and that it will be demolished with no immediate plans to
rebuild or b) the dwelling will not be inhabited, it will be demolished and rebuilt in which case
the Affidavit shall be accompanied by a site plan including adequate detail to demonstrate a
lawful OWTS together with a check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000). Such funds will be held in a non-interest bearing escrow account
and will be released in the former case, upon issuance of a Demolition permit and, in the latter
case, upon issuance of a Certificate of Occupancy from the Building and Codes Enforcement
Office.
2. An OWTS inspection was not able to be completed prior to the conveyance of
real property due to inclement weather. In order to qualify for the exemption, a notarized
affidavit from the new property owner to complete the requisite OWTS inspection within six
(6) months of the date of the conveyance of real property, or June 1, whichever comes first,
must be filed with the Building and Codes Enforcement Office. A check payable to the Town
3
of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest
bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office.
3. During the OWTS inspection, a failure of the septic system was determined. Due
to winter and frozen conditions, the repair to an existing OWTS could not occur or a new
OWTS could not be installed before the conveyance of real property. In order to qualify for
the exemption, a notarized affidavit from the new property owner to complete the installation
or repair of the septic system within six (6) months from the date of the conveyance of real
property, or June 1, whichever comes first, must be filed with the Building and Codes
Enforcement Office. A check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be
released upon the completion of the repair or installation of a new septic system and a
satisfactory OWTS inspection from the Building and Codes Enforcement Office.
4. There is record of the property's OWTS having passed Town inspection within
the last three (3) years.
5. Failure to complete the inspection, obtain the permit or complete all
repairs/installations identified in the preceding paragraphs of this section within the time
provided or any subsequent deadline established by the Building and Codes Enforcement
Office will result in forfeiture of the moneys held in escrow and the Town may use such funds
toward abating the conditions caused by each such violation of this Chapter.
D. Failure of OWTS. Failure of an existing OWTS occurs when the standards for
lawful OWTS as set forth in Chapter 136 and this Chapter are not met. While not exhaustive,
some examples of a failing system include the following:
1. Lack of a pre-treatment vessel (i.e. septic tank, aerobic treatment unit, ETU, etc.)
prior to effluent discharge to any subsurface treatment(soil treatment area or absorption field);
2. There is a discharge of effluent directly or indirectly to the ground's surface,
with surface breakouts, ponding or saturated soils over the soil treatment area;
3. Direct pipe surface discharge of grey water (into a dry well, over an
embankment, into a roadside ditch or stream/tributary, etc.);
4. A dye test results in the presence of dye on the ground surface or adjacent /
downstream waterbody;
5. There is a backup of sewage into.the home, building, septic tank-or facility as a
result of a septic tank overload or malfunction, or a clogged soil treatment area;
6. The septic tank requires pumping more than four times per year and/or sewage is
observed flowing back into the septic tank from the secondary treatment area during pump out;
7. Presence of a metal septic tank that is undersized and/or corroded;
4
8. A cesspool, defined as a covered hole or pit used to receive untreated sewage
from a house or building constructed as a primary source of wastewater disposal.
9. A holding tank that discharges effluent to surrounding sub-surface areas.
10. No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA)
shall be permitted to discharge to any natural outlet or adjoining property.
E. Access to Parcel for Inspection. On properties for which an OWTS inspection
has been requested by the owner or owner's agent pursuant to this Chapter, the Building and
Codes Enforcement Office shall be permitted by the property owner to make a physical
inspection of the lands and premises in order to determine compliance with this Chapter.
§ 137-5 Review.
Appeals from determinations of the Building and Codes Enforcement Office and/or requests for
variance/waivers from the provisions of this Section must be sought from the Town of
Queensbury Town Board as the Local Board of Health within 60 days.
A. Forms for such Appeals and/or requests for variance and waivers will be made
available to the public in the Building and Codes Enforcement Office. Such forms must be
properly filled out and must be submitted to the Building and Codes Enforcement Office with
payment of the applicable fee as established by the Town Board.
B. In evaluating appeals from determinations of the Building and Codes
Enforcement Office, the Town Board may consider whatever information it deems relevant,
including any evidence or information submitted by the Applicant and any information obtained
from the Building and Codes Enforcement Office and/or Town Engineer. In the event additional
information is needed, the Town Board may direct a subsequent inspection of the OWTS at
issue, in which case the Applicant will not be required to make any additional inspection
payments.
C. In regard to any request for variance or waivers, such Applications will be
governed by the procedure set forth in Town Code Section 136-44.1(c)(1)-(3). The Town Board
should take into consideration all matters it deems relevant, including the age of the OWTS,
whether it appears to be functioning, its proximity to any waterbody, its age, the circumstances
concerning the request for variance or waiver and the hardship to the property owner in the event
no variance or waiver is granted.
D. The above remedies shall be exhausted prior to any judicial review.
§ 137-6 Notice of Violation and Penalties
A. If a property owner fails to complete an inspection required by this local law, or to
allow access to the property for the required inspection, or if the property owner fails to comply
with any other provision of this law, a Notice of Violation may be issued by the Building and
Codes Enforcement Office mandating the compliance with the inspection requirements.
B. In the event the property owner in its capacity as grantor was issued a Notice of
Violation and such violation continues for a period of six (6) months, the current property owner
5
(or grantee) too shall be deemed to be in violation of this local law and may be subject to
enforcement proceedings.
C. An offense against any provision of this local law shall constitute a violation,
punishable by a fine not exceeding Nine Hundred and Fifty Dollars ($950), or imprisonment for
a term not exceeding 15 days, or both. Each week such violation continues after notification to
the person in violation shall constitute a separate violation.
SECTION 2. Severability
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this Local Law, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon filing with the New York State
Secretary of State.
6
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 2018 of
the Xt JVy)(Town)PMW)of Queensbury was duly passed by the
Town Board on 1 0-15— 20 18 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer-)Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
7
DOS-0239-f-I (Rev.06/12) Page 3 of 4
5. ,(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this o an at the same is a
correct transcript therefrom and of the whole of such original local rnd ways fin adop in th anner indicated in
paragraph 1 above.
Cler of the county legislative body, Ci own or Village Clerk or
officer designate"y local legislative body
(Seal) Date: 4('V 01
DOS-0239-f-I (Rev.06/12) 8 Page 4 of 4
LOCAL LAW NO.: 2 OF 2018
A LOCAL LAW ENACTING CHAPTER 137 ENTITLED
"SEPTIC INSPECTION UPON PROPERTY TRANSFER" TO THE
QUEENSBURY TOWN CODE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS.
SECTION 1. Queensbury Town Code Chapter 137, "Septic Inspection Upon Property
Transfer" is hereby enacted as follows:
§ 137-1 Title. This Chapter shall be known as "Septic Inspection Upon Property
Transfer."
§ 137-2 Statutory Authority. Enactment of Chapter 137 of the Queensbury Town Code
is pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law.
§ 137-3 Findings and Intent. The intent of this Chapter is to better protect waterbodies
from exposure to excess nutrients and pollutants. The Town of Queensbury finds that the
occurrence of such nutrients and pollutants is increased by the presence of inadequately
functioning septic systems proximate to waterbodies. In addition, such septic systems are more
likely to be a threat to public health with particularly acute impacts upon the general public
through impairing and contaminating precious ecological resources of the Town of Queensbury
and rendering drinking water unsafe. In determining the geographic scope of this Chapter, the
Town further finds that it is desirable and efficient to rely upon the zoning district boundaries of
the Town of Queensbury Waterfront Residential (WR) zone as properties within this zoning
district are proximate to waterbodies within the Town. As to waterbodies not surrounded or
adjacent to such zoning district, such properties are zoned in such a manner that has adequately
protected and will continue to protect such waterbodies and additional regulation is not currently
needed in such areas at this time
1
§ 137-4 Compliance Required.
A. Applicability.
This Local Law shall apply to conveyances of real property located wholly or partially in
the Waterfront Residential Zone, as defined in the Town Code, occurring on January 1, 2019 and
thereafter.
B. Property Transfer Inspections.
1. Prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone where the property utilizes an On-site Wastewater Treatment System
(OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes
Enforcement Office (herein referred to as the Building and Codes Enforcement Office). The
inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all
seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic
tank must be uncovered and opened by the property owner or their agent prior to inspection.
The property transfer inspection and pump out shall be arranged by the property owner as early
in the conveyance of real property process as possible in order to obtain an accurate and timely
assessment of the OWTS. The property owner must make arrangements with the Building and
Codes Enforcement Office to schedule the inspection no less than forty eight (48) hours
advance notice and shall coordinate with the septic hauler to be on-site simultaneously. The
cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the
Town of Queensbury prior the inspection.
2. No such conveyance shall take place subject to this Chapter until and unless 1) the
owner/seller has obtained from the Building and Codes Enforcement Office a letter of
acknowledgement demonstrating satisfactory compliance with this Section; 2) the owner/seller
has obtained a variance/waiver from the Town Board in accordance with this Chapter; or 3) the
conveyance is exempt from the property transfer inspection requirements and the owner/seller
complies with all applicable provisions for exemption set forth in this Chapter.
2
3. As used herein, the term "conveyance of real property" shall mean the transfer of
the title of real estate, in the form of a deed or other legal instrument, whether or not recorded
in the Office of the Warren County Clerk. It shall be violation of this law not to have the
property inspected prior to the conveyance of real property.
4. Upon satisfactory inspection in accordance with the protocol set forth in
paragraph 5 below, the Building and Codes Enforcement Office will issue to the property
owner a letter of acknowledgment confirming that the OWTS is functioning properly.
5. The OWTS inspection shall utilize the New York On-site Wastewater Treatment
Training Network (OTN) materials, including the OTN System Inspection Request Form,
Findings Worksheet and Site Report (Inspection Findings) all of which shall be available in the
Building and Codes Enforcement Office. The following minimum standards shall apply to
each inspection:
a. All septic tanks must be within two hundred fifty (250) gallons of the minimum
volume requirement;
b. All holding tanks shall be equipped with a float switch and high level alarm
located in a conspicuous place to indicate when pump out is necessary. A copy of pump
out records shall be submitted during the inspection prior to conveyance of real property;
c. For an aerobic treatment system or enhanced treatment unit (ETU), the new
owner must send a signed copy of an updated service contract to the Town within thirty
(30) days after the conveyance of real property;
d. If the on-site wastewater treatment system is determined to be failing or
inadequate, a written Notice of Violation will be issued. An approved compliance
agreement to correct the violation must be obtained prior to conveyance of real property.
C. Exemption from Property Transfer Inspection. The following conveyances of
real property shall be exempt from the provisions of this law in the following situations and
pursuant to the terms identified below:
1. The property to be sold or transferred will not be inhabited, and the new owner
plans to demolish the existing structure. In order to qualify for the exemption, a notarized
3
affidavit must be submitted to the Building and Codes Enforcement Office stating that a) the
dwelling will not be inhabited and that it will be demolished with no immediate plans to
rebuild or b) the dwelling will not be inhabited, it will be demolished and rebuilt in which case
the Affidavit shall be accompanied by a site plan including adequate detail to demonstrate a
lawful OWTS together with a check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000). Such funds will be held in a non-interest bearing escrow account
and will be released in the former case, upon issuance of a Demolition permit and, in the latter
case, upon issuance of a Certificate of Occupancy from the Building and Codes Enforcement
Office.
2. An OWTS inspection was not able to be completed prior to the conveyance of
real property due to inclement weather. In order to qualify for the exemption, a notarized
affidavit from the new property owner to complete the requisite OWTS inspection within six
(6) months of the date of the conveyance of real property, or June 1, whichever comes first,
must be filed with the Building and Codes Enforcement Office. A check payable to the Town
of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest
bearing escrow account and shall be released upon the completion of a satisfactory OWTS
inspection from the Building and Codes Enforcement Office.
3. During the OWTS inspection, a failure of the septic system was determined. Due
to winter and frozen conditions, the repair to an existing OWTS could not occur or a new
OWTS could not be installed before the conveyance of real property. In order to qualify for
the exemption, a notarized affidavit from the new property owner to complete the installation
or repair of the septic system within six (6) months from the date of the conveyance of real
property, or June 1, whichever comes first, must be filed with the Building and Codes
Enforcement Office. A check payable to the Town of Queensbury in the amount of Two
Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be
released upon the completion of the repair or installation of a new septic system and a
satisfactory OWTS inspection from the Building and Codes Enforcement Office.
4
4. There is record of the property's OWTS having passed Town inspection within
the last three (3) years.
5. Failure to complete the inspection, obtain the permit or complete all
repairs/installations identified in the preceding paragraphs of this section within the time
provided or any subsequent deadline established by the Building and Codes Enforcement
Office will result in forfeiture of the moneys held in escrow and the Town may use such funds
toward abating the conditions caused by each such violation of this Chapter.
D. Failure of OWTS. Failure of an existing OWTS occurs when the standards for
lawful OWTS as set forth in Chapter 136 and this Chapter are not met. While not exhaustive,
some examples of a failing system include the following:
1. Lack of a pre-treatment vessel (i.e. septic tank, aerobic treatment unit, ETU, etc.)
prior to effluent discharge to any subsurface treatment (soil treatment area or absorption field);
2. There is a discharge of effluent directly or indirectly to the ground's surface,
with surface breakouts, ponding or saturated soils over the soil treatment area;
3. Direct pipe surface discharge of grey water (into a dry well, over an
embankment, into a roadside ditch or stream/tributary, etc.);
4. A dye test results in the presence of dye on the ground surface or adjacent /
downstream waterbody;
5. There is a backup of sewage into the home, building, septic tank or facility as a
result of a septic tank overload or malfunction, or a clogged soil treatment area;
6. The septic tank requires pumping more than four times per year and/or sewage is
observed flowing back into the septic tank from the secondary treatment area during pump out;
7. Presence of a metal septic tank that is undersized and/or corroded;
8. A cesspool, defined as a covered hole or pit used to receive untreated sewage
from a house or building constructed as a primary source of wastewater disposal.
9. A holding tank that discharges effluent to surrounding sub-surface areas.
5
10. No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA)
shall be permitted to discharge to any natural outlet or adjoining property.
E. Access to Parcel for Inspection. On properties for which an OWTS inspection
has been requested by the owner or owner's agent pursuant to this Chapter, the Building and
Codes Enforcement Office shall be permitted by the property owner to make a physical
inspection of the lands and premises in order to determine compliance with this Chapter.
§ 137-5 Review.
Appeals from determinations of the Building and Codes Enforcement Office and/or requests for
variance/waivers from the provisions of this Section must be sought from the Town of
Queensbury Town Board as the Local Board of Health within 60 days.
A. Forms for such Appeals and/or requests for variance and waivers will be made
available to the public in the Building and Codes Enforcement Office. Such forms must be
properly filled out and must be submitted to the Building and Codes Enforcement Office with
payment of the applicable fee as established by the Town Board.
B. In evaluating appeals from determinations of the Building and Codes
Enforcement Office, the Town Board may consider whatever information it deems relevant,
including any evidence or information submitted by the Applicant and any information obtained
from the Building and Codes Enforcement Office and/or Town Engineer. In the event additional
information is needed, the Town Board may direct a subsequent inspection of the OWTS at
issue, in which case the Applicant will not be required to make any additional inspection
payments.
C. In regard to any request for variance or waivers, such Applications will be
governed by the procedure set forth in Town Code Section 136-44.1(c)(1)-(3). The Town Board
should take into consideration all matters it deems relevant, including the age of the OWTS,
whether it appears to be functioning, its proximity to any waterbody, its age, the circumstances
concerning the request for variance or waiver and the hardship to the property owner in the event
no variance or waiver is granted.
D. The above remedies shall be exhausted prior to any judicial review.
6
§ 137-6 Notice of Violation and Penalties
A. If a property owner fails to complete an inspection required by this local law, or to
allow access to the property for the required inspection, or if the property owner fails to comply
with any other provision of this law, a Notice of Violation may be issued by the Building and
Codes Enforcement Office mandating the compliance with the inspection requirements.
B. In the event the property owner in its capacity as grantor was issued a Notice of
Violation and such violation continues for a period of six (6) months, the current property owner
(or grantee) too shall be deemed to be in violation of this local law and may be subject to
enforcement proceedings.
C. An offense against any provision of this local law shall constitute a violation,
punishable by a fine not exceeding Nine Hundred and Fifty Dollars ($950), or imprisonment for
a term not exceeding 15 days, or both. Each week such violation continues after notification to
the person in violation shall constitute a separate violation.
SECTION 2. Severability
If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the
application thereof to any person, individual, corporation, firm, partnership, entity, or
circumstance shall be adjudged by any court of competent jurisdiction to be invalid or
unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
section, or part of this Local Law, or in its application to the person, individual, corporation,
firm, partnership, entity, or circumstance directly involved in the controversy in which such
order or judgment shall be rendered.
SECTION 3. Effective Date
This Local Law shall take effect immediately upon tiling with the New York State
Secretary of State.
7
1
RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2018 TO AMEND
QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 137
ENTITLED, "SEPTIC INSPECTION UPON PROPERTY TRANSFER"
RESOLUTION NO.: 380,2018
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law
whereby prior to any conveyance of real property in the Town of Queensbury Waterfront
Residential (WR) Zone, property that utilizes an on-site wastewater treatment system must be
inspected by the Town's Building and Codes Enforcement Office, and
WHEREAS, the Town Board wishes to therefore consider adoption of Local Law No.: 2 of
2018 to amend the Queensbury Town Code by adding a new Chapter 137 entitled "Septic
Inspection Upon Property Transfer"to the Queensbury Town Code, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, and
WHEREAS, the Town Board has considered the proposed legislation, reviewed Part 1 of
the Full Environmental Assessment Form (EAF) to analyze potential environmental impacts of the
legislation in accordance with the State Environmental Quality Review Act (SEQRA) and
completed Part 2 of the EAF, and
WHEREAS, the Town Board duly held a public hearing concerning such proposed Local
Law on Monday, October 15`h, 2018 and heard all interested persons, and
WHEREAS, the Town Board finds that the action will not result in any detrimental
impacts and, therefore, is one which will not have a significant adverse impact on the
\ ti
environment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not result in any detrimental impacts and will not have any significant adverse
impact on the environment and therefore declares a Negative Declaration under SEQRA and
authorizes and directs the Town Clerk, Senior Planner and/or Director of Planning, Zoning and
Code Compliance to file and publish a SEQRA Negative Declaration -Notice of Determination of
Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby enacts Local Law No.: 2 of 2018 to amend the
Queensbury Town Code by adding a new Chapter 137 entitled "Septic Inspection Upon Property
Transfer," and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to file the Local Law with the New York State Secretary of State in accordance with the
provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 15`h day of October, 2018, by the following vote:
AYES: Mrs. Atherden,Mr. Ferone, Mrs. Switzer,Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
-t
Rose Mellon
From: Rose Mellon
Sent: Tuesday, October 16, 2018 3:28 PM
To: 'EZsupp@generalcode.com'
Subject: LL 2 of 2018 Property Transfer Law
Attachments: scan_rosem_2018-10-16-15-19-06.pdf
Good Afternoon,
Attached, for your filing, please find Local Law 2, 2018 (Property Transfer Law) passed by the Queensbury Town Board
on October 15, 2018.
Thank you,
Rose Mellon
Deputy Town Clerk I
Town of Queensbury
518 761-8235
1
Rose Mellon
From: ersupp <ersupp@generalcode.com>
Sent: Tuesday, October 16, 2018 3:28 PM
To: Rose Mellon
Subject: RE: LL 2 of 2018 Property Transfer Law
Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will
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