Town of Southampton
Long Island, NY

Town Board Resolution
RES-2017-700

Resolution of Adoption to Consider Amending Town Code Chapter 123 (Building Construction) to Add Article VIII Requiring Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) for Particular Residential Projects

Information

Department:Town AttorneySponsors:Councilman John Bouvier, Supervisor Jay Schneiderman, Councilwoman Christine Preston Scalera, Councilwoman Julie Lofstad, Councilman Stan Glinka
Category:Local LawsFunctions:None

Financial Impact

None; see resolution text.

Body

WHEREAS, the Town Board is considering amending Town Code Chapter 123 (Building Construction) to add Article VIII requiring Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) for particular residential projects; and 

 

WHEREAS, a public hearing was held by the Town Board of the Town of Southampton on July 11, 2017, at which time all persons either for or against said amendment were heard; and

 

WHEREAS, the Department of Land Management has advised the Town Board that this proposed local law is considered a “Type II Action” under 6 NYCRR Part 617.5, provisions of the New York State Environmental Quality Review Act (SEQRA) and Chapter 157 of the Town Code, and that no further review under New York Conservation Law, Article 8, is necessary; now therefore be it

 

RESOLVED, that Local Law No. 17 of 2017 is hereby adopted as follows:

 

LOCAL LAW NO. 17 OF 2017

 

A LOCAL LAW amending Town Code 123 (Building Construction) to add Article VIII requiring Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) for particular residential projects. 

 

BE IT ENACTED by the Town Board of the Town of Southampton as follows:

 

Section 1.  Legislative Intent.

 

As discussed in the Town’s CPF Water Quality Improvement Project Plan (WQIPP), as well as the Southampton Water Protection Plan (SWPP), the bays and estuary environments associated with Southampton Town still receive more nitrogen than the waters can naturally assimilate.  This is due to the fact that wastewater from both older and newer housing stock is predominantly treated by on-site septic systems that do not adequately remove nitrogen;   nitrogen from these systems is released into the groundwater, which ultimately discharges into the surrounding coastal waters.  Thus, nitrogen loading to the watersheds of Southampton Town must be reduced in order to restore the waters’ ecological health, and to maintain drinking water standards.

 

Also recognizing this issue, in 2015 the Suffolk County Comprehensive Water Resources Management Plan found that, “while all sources of water pollution are concerning, nitrogen pollution from septic systems has clearly emerged as the most widespread and least well-addressed of the region’s growing list of water pollutants.”  As a result, the Suffolk County Department of Health Services has recently authorized the use of innovative and alternative on-site wastewater treatment systems in lieu of conventional systems.  These alternative systems discharge significantly less nitrogen from sanitary waste into the groundwater, and work towards achieving less nitrogen in our bays and waterways.

 

Based upon the approval of these new systems - with more to come - the intent of this law is to require that the following projects within the Town of Southampton’s high priority areas, as identified in the CPF Water Quality Improvement Project Plan (WQIPP), utilize an alternative treatment system (I/A OWTS) approved by the Suffolk County Department of Health Services:  (i) all new residential construction, (ii) any substantial septic system upgrade required by the Suffolk County Department of Health Services, or (iii) an increase of 25% or more in the floor area of a building.  In addition, an I/A OWTS approved by the Suffolk County Department of Health Services shall be required for any new septic system or substantial septic system upgrade required by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325.

 

Section 2.  Amendment.

 

Southampton Town Code Chapter 123 (Building Construction) is hereby amended by adding the underlined words as follows:

 

ARTICLE VIII

Innovative and Alternative On-Site Wastewater Treatment Systems

(I/A OWTS)

 

§123-51.  Definitions.

 

For the purposes of this article, the following definitions shall apply:

 

BUILDING - as defined §330-5 of the Town Code.

 

CHIEF BUILDING INSPECTOR - the Southampton Town Chief Building Inspector, or his designee.

 

FLOOR AREA - the actual occupied area, not including unoccupied accessory areas or thickness of walls.

 

HIGH PRIORITY AREA - those areas mapped as such in the adopted CPF Water Quality Improvement Project Plan (WQIPP), and as may be amended from time to time.

 

INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM (I/A OWTS) - an onsite decentralized wastewater treatment system that, at a minimum, is designed to result in total nitrogen in treated effluent of 19 mg/l or less, as approved by the Suffolk County Department of Health Services.

 

SUBSTANTIAL SEPTIC SYSTEM UPGRADE - a change or upgrade to the existing septic system where the cost of said change or upgrade equals or exceeds 50% of the cost of the current system. 

 

§123-52.  I/A OWTS Required.

 

A.              An Innovative and Alternative On-Site Wastewater Treatment System (I/A OWTS) approved by the Suffolk County Department of Health Services shall be required for the following projects located within the High Priority Area, as identified in the CPF Water Quality Improvement Project Plan (WQIPP):

 

(1)              All new residential construction;

 

(2)              Any substantial septic system upgrade required by the Suffolk County Department of Health Services;

 

(3)              An increase of 25% or more in the floor area of a building.

 

B.              In addition, an I/A OWTS approved by the Suffolk County Department of Health Services shall be required for any new septic system or substantial septic system upgrade required by the Conservation Board and/or the Environment Division pursuant to Town Code Chapter 325.

 

§123-53.  Health Department Approval.

 

A.              Suffolk County Department of Health Services approval of an I/A OWTS shall be submitted to the Town prior to the issuance of a building permit for any project identified in §123-52 herein.

 

B.              The Chief Building Inspector shall not issue a Certificate of Occupancy or a Certificate of Compliance for any project identified in §123-52 above unless said project has received final approval from the Suffolk County Department of Health Services for the installation of the I/A OWTS.

 

C.              The Chief Building Inspector may, at any time, require a monitoring report, engineer’s report, and/or performance and maintenance report demonstrating that the proposed system complies with the Suffolk County Department of Health Services requirements.

 

D.              Notwithstanding the above, this article shall not be applicable in those cases where the Suffolk County Department of Health Services has determined that an I/A OWTS is not appropriate at a given location.  In those cases, an applicant shall provide a copy of the Department’s denial, or evidence of the Department’s determination in writing.

 

E.              Applicant shall comply with all local, State, and Federal Codes and requirements, including, but not limited to, the New York State Building Code and the New York State Fire Prevention Code.

 

§123-54.  Penalties for offenses.

 

A.              Any violation of the provisions of this article shall constitute a violation punishable by a fine of not less than $1,000, as well as remediation of the subject premises to the satisfaction of the Suffolk County Department of Health Services.

 

B.              Said remediation efforts shall include, but not be limited to, the installation of a compliant I/A OWTS pursuant to the Suffolk County Sanitary Code.

 

C.              Any fines collected pursuant to this article shall be deposited into the Septic System Rebate and Incentive Program, pursuant to Town Code Chapter 177.

 

Section 3.  Applicability.

 

This local law shall apply to any application made for a building permit after September 1, 2017 that meets the criteria described above.  In addition, those applications that have received a conditional wetlands permit approval, or an administrative wetlands permit, prior to September 1, 2017, shall not have to comply with the requirements herein.

 

Section 4.  Authority.

 

The proposed local law is enacted pursuant to Town Law §§130(1), 130(3-a), and 130(15), as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(d)(3). 

 

Section 5.  Severability.

 

If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

 

Section 6.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

TAKE NOTICE, that after a public hearing was held by the Town Board of the Town of Southampton on July 11, 2017, the Town Board, at its meeting of July 25, 2017, adopted LOCAL LAW NO. 17 OF 2017, as follows: “A LOCAL LAW amending Town Code Chapter 123 (Building Construction) to add Article VIII requiring Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) for particular residential projects.”

 

Copies of the proposed law, sponsored by Councilman Bouvier, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK

 

 

 

 

 

 

 

 

 

 

 

Meeting History

Jul 25, 2017 6:00 PM Video Town Board Regular Town Board Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:John Bouvier, Councilman
SECONDER:Julie Lofstad, Councilwoman
AYES:Jay Schneiderman, Julie Lofstad, Christine Preston Scalera, John Bouvier, Stan Glinka