HomeMy WebLinkAbout2006_3_1_Local_Law_No_4 Local Law No. 4 - 2006
This local law shall be known as the "Exclusion of Most Co-operative Apartments and
Condominium Units from Having to Obtain a Discharge Compliance Certificate" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Purpose:
On May 4, 2005, the Town Board enacted Local Law No. 6-2005 (section 106-49 of the
Code of the Town of Mamaroneck) which added a requirement that a discharge
compliance certificate be obtained each time real property located in the unincorporated
portion of the Town of Mamaroneck is sold. A discharge compliance certificate states
that all of the connections leading from the real property to the public stormwater sewer
lines or to the sanitary sewer lines comply with the requirements of the New York State
Building Codes and the Town Code and there are no culverts, drains, hoses, leaders,
lines, pipes or pumps on the real property that discharge liquids directly onto or directly
toward a street, sidewalk or right-of-way. Since co-operative apartments and
condominium units usually are contained within larger buildings, the sewer lines leading
from them usually connect to drainage lines located within the buildings in which they
are situated. After collecting the waste from all of the co-operative apartments or
condominium units within the building, those lines connect to the public stormwater
sewer lines or to the sanitary sewer lines. A literal reading of§106-49 would require a
plumber to inspect the sewer lines lying outside the perimeter of a co-operative apartment
or a condominium unit before rendering the certification necessary for the issuance of a
discharge compliance certificate. The Town Board did not intend §106-49 to be so
interpreted. This amendment clarifies the Town Board's intent.
Section 2—Amendment of a current section of the Mamaroneck Code:
Section 106-49 A. of the Code of the Town of Mamaroneck hereby is amended by adding
the following definitions of multiple housing unit, exempt multiple housing unit and non-
exempt multiple housing unit thereto and by deleting the definitions of discharge
compliance certificate and plumber's certification therefrom and substituting the
following new definitions in their place:
"§ 106-49. Discharge compliance certificate required.
A. As used in this section, the following terms have the meanings indicated:
DISCHARGE COMPLIANCE CERTIFICATE (A) A certificate issued by the
Director with respect to real property not meeting the definition of a multiple housing
unit stating (i) that all of the connections leading from the real property to the public
stormwater sewer lines and to the sanitary sewer lines comply with the requirements of
the New York State Building Codes and the Town Code and (ii) that there are no
culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids directly onto
or directly toward a street, sidewalk or right-of-way; or
(B) a certificate issued by the Director with respect to a non-exempt multiple housing unit
stating (i) either that all of the connections leading directly from that unit to the public
stormwater sewer lines or to the public sanitary sewer lines and not to sewer lines located
outside such unit but within the building in which that unit is situated comply with the
requirements of the New York State Building Codes and the Town Code or that there are
no such connections and (ii) that there are no culverts, drains, hoses, leaders, lines, pipes
or pumps that discharge liquids from such unit directly onto or directly toward a street,
sidewalk or right of way.
EXEMPT MULTIPLE HOUSING UNIT --- A multiple housing unit which does not
touch the ground.
MULTIPLE HOUSING UNIT --- (1) An apartment whose owner (a) holds an interest in
an entity formed for the co-operative ownership of real property and (b) is the tenant of
the proprietary lease for such apartment or (2) a unit as that term is defined in section
339-e of the New York Real Property Law and used in Article 9-13 ("Condominium Act")
of the New York Real Property Law.
NON-EXEMPT MULTIPLE HOUSING UNIT --- A multiple housing unit which
touches the ground.
PLUMBER'S CERTIFICATION (1) For real property not meeting the definition of a
multiple housing unit, a certification made to the Town by a plumber licensed to do
business within the Town that the plumber (A) has inspected all of the connections
leading from the real property to the public stormwater sewer lines or to the public
sanitary sewer lines and that all such connections comply with the requirements of the
New York State Building Codes and the Town Code and (B) has inspected the real
property and found that there are no culverts, drains, hoses, leaders, lines, pipes or pumps
that discharge liquids directly onto or directly toward a street, sidewalk or right of way.
(2) For a non-exempt multiple housing unit, a certification made to the Town by a
plumber licensed to do business within the Town that the plumber (A) has inspected
those connections leading directly from that unit to the public stormwater sewer lines or
to the public sanitary sewer lines and not to sewer lines located outside such unit but
within the building in which that unit is situated and that all such connections comply
with the requirements of the New York State Building Codes and the Town Code and (B)
has inspected such multiple housing unit and found that there are no culverts, drains,
hoses, leaders, lines, pipes or pumps that discharge liquids from such unit directly onto or
directly toward a street, sidewalk or right of way.
Section 3 —Amendment of a current section of the Mamaroneck Code:
Section 106-49 B. of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
"§ 106-49. Discharge compliance certificate required.
B. No building on real property shall be used or occupied, in whole or in part, after a
renewal event has occurred unless a discharge compliance certificate is issued therefor.
To apply for a discharge compliance certificate, a plumber's certification that complies
with this section shall be submitted to the Director together with whatever forms and
other documentation may be required by the Director, and the fee for a discharge
compliance certificate shall be paid. The Director can issue a discharge compliance
certificate based upon a plumber's certification or the Director may conduct an inspection
of the real property to determine (A) in the case of real property not meeting the
definition of a multiple housing unit, whether any of the connections leading from the
real property to the public stormwater sewer lines or the sanitary sewer lines violate a
requirement of the New York State Building Codes or the Town Code or whether there
are any culverts, drains, hoses, leaders, lines, pipes or pumps on the real property that
discharge liquids directly onto or directly toward a street, sidewalk or right-of-way or (B)
in the case of a non-exempt multiple housing unit whether any of the connections leading
directly from that unit to the public stormwater sewer lines or to the public sanitary sewer
lines and not to sewer lines located outside such unit but within the building in which that
unit is situated violate a requirement of the New York State Building Codes or the Town
Code or whether there are any culverts, drains, hoses, leaders, lines, pipes or pumps that
discharge liquids from such unit directly onto or directly toward a street, sidewalk or
right of way. By applying for a discharge compliance certificate, the owner of the real
property authorizes the Director or a designee of the Director to enter upon the real
property for the purpose of conducting such inspection."
Section 4 —Amendment of a current section of the Mamaroneck Code:
Section 106-49 of the Code of the Town of Mamaroneck hereby is amended by adding
the following new paragraph E. thereto:
"§ 106-49. Discharge compliance certificate required.
E. This section does not apply to exempt multiple housing units."
Section 5 —Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall
not affect any other provisions of this Local Law, which may be implemented without the
invalid or unconstitutional provisions.
Section 6 —Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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