HomeMy WebLinkAbout2005_5_4_Local_Law_No_6 Local Law No. 6— 2005
This local law shall be known as the "Removal of Illegal Sewer Connections and the Elimination of
Illegal Discharge of Liquids" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 - Purpose.
The Town Board finds that despite all of the Town's efforts at enforcement, there continue to be
properties which have illegal connections to the public storm water or sanitary sewer lines or both.
Some of these properties, as well as others, illegally discharge liquids onto or toward streets,
sidewalks and rights of way. These violations have a negative impact upon the environment of the
Town. They also have a negative impact upon the condition of the Long Island Sound since such
discharges overtax the effluent treatment systems and at times cause untreated sewerage to be
discharged directly into the Long Island Sound. The County of Westchester continuously monitors
the flow through the public storm water and sanitary sewer lines. It regularly admonishes the Town
for not being more effective in bringing an end to illegal connections to the public storm water and
sanitary sewer system. Furthermore, the State of New York has issued manuals containing rigorous
standards for the disposal of storm water and effluent (see e.g. New York Standards and
Specifications for Erosion and Sediment Control(Blue Book) and New York State Stormwater
Design Manual. To combat these violations and eventually bring about total compliance with
applicable Codes, the Town Board henceforth will require a discharge compliance certificate for real
property located in the unincorporated portion of the Town that is sold after October 15, 2005.
Section 2- Enactment of a new section of the Code of the Town of Mamaroneck
The Code of the Town of Mamaroneck hereby is amended by adding the following section thereto:
§ 106-49. Requirement for a Discharge Compliance Certificate.
A. As used in this section, the following terms have the meanings indicated:
"Director" means the Director of Building Code Enforcement and Land Use Administration.
"Discharge Compliance Certificate" means a certificate issued by the Director stating that (1) all of
the connections leading from the real property (a) to the public storm water sewer lines and (b) to
the sanitary sewer lines comply with the requirements of the New York State Building Codes and
the Town Code and (2) 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.
"Plumber's Certification" means a certification made to the Town by a plumber licensed to do
business within the Town that the plumber (1) has inspected all of the connections leading from the
real property (a) to the public storm water sewer lines and (b) to the sanitary sewer lines and that all
such connections comply with the requirements of the New York State Building Codes and the
Town Code and (2) 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.
"Real Property" means a lot with respect to which a renewal event occurs after October 15, 2005.
"Renewal Event" means the transfer of title in connection with the sale of real property located in
the unincorporated portion of the Town.
B. No building on real property shall be used or occupied, in whole or in part, 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 whether any of the connections leading from the real property to the public storm water
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. 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.
C. A discharge compliance certificate can be issued at any time after a renewal event has occurred.
A discharge compliance certificate also can be issued prior to a renewal event; however, such
certificate shall expire on the 60th day after it is issued unless the renewal event shall have occurred
before its expiration date.
D. A discharge compliance certificate issued after a renewal event has occurred shall expire when
the next renewal event with respect to that real property occurs. A discharge compliance certificate
issued prior to a renewal event that does not expire pursuant to §106-49 C. also shall expire when
the next renewal event with respect to the real property occurs. Nothing contained in this section
shall be construed as preventing the Director from revoking a discharge compliance certificate if
there are grounds to do so.
Section 3- Enactment of a new section of the Code of the Town of Mamaroneck
The Code of the Town of Mamaroneck hereby is amended by adding the following section thereto:
§ 106-52. Revocation of certificate of occupancy, certificate of completion and like documents.
The Director of Building Code Enforcement and Land Use Administration may revoke a certificate
of completion, a certificate of occupancy (permanent or temporary), a discharge compliance
certificate, a letter of compliance, or a letter indicating that the structures (as that term is defined in
§240-4) on the real property were constructed prior to either the enactment of the zoning ordinance
or the adoption of one or more of its provisions in the following instances:
A. Where there has been any false statement or misrepresentation as to a material fact in the
application, the plans or the specifications on which the Director of Building Code Enforcement and
Land Use Administration relied when issuing such certificate or letter; or
B. Where such certificate or letter was issued in error and should not have been issued in
accordance with applicable provisions of law.
Section 4 - Renumbering of current sections of the Code of the Town of Mamaroneck
A. Section 106-49 entitled "Temporary certificate of occupancy", section 106-50 entitled
"Tests", section 106-51 entitled "Town employees not liable", section 106-52 entitled "Existing
violations preventing the issuance of other permits, certificates or letters", section 106-52.1 entitled
"Penalties for offenses", section 106-53 entitled "Fees", section 106-54 entitled "Existing
encroachments", section 106-55 entitled "Permits required" and section 106-56 entitled "Duration
and hours for mechanical rock removal" are renumbered as follows:
Section 106-49 entitled "Temporary certificate of occupancy" shall become section 106-50,
Section 106-50 entitled "Tests" shall become section106-51,
Section 106-51 entitled "Town employees not liable" shall become section 106-53,
Section106-52 entitled "Existing violations preventing the issuance of other permits, certificates or
letters" shall become section 106-54,
Section 106-52.1 entitled "Penalties for offenses" shall become section 106-55,
Section 106-53 entitled "Fees" shall become section106-56,
Section 106-54 entitled "Existing encroachments" shall become section 106-57,
Section 106-55 entitled "Permits required" shall become section106-58 and
Section 106-56 entitled "Duration and hours for mechanical rock removal" shall become section
106-58.1.
B. Article VI of Chapter 106 of the Code of the Town of Mamaroneck shall consist
of section 106-40 through and including section 106-55.
C. Article VII of Chapter 106 of the Code of the Town of Mamaroneck shall consist
of sections 106-56 and 106-57.
D. Article VIII of Chapter 106 of the Code of the Town of Mamaroneck shall consist of
sections 106-58, 106-58.1, 106-59 and 106-60.
E. Except for their new numbers, all of the provisions of each of the sections listed in section 4 of
this local law shall remain in full force and effect.
Section 5 -Amendment to an Existing Section of the Code of the Town of Mamaroneck
The Code of the Town of Mamaroneck hereby is amended to add the following provision to section
A250-1 A.:
Code Subject Fee or
Section Deposit
§106-49 Discharge compliance certificate $50.00
application
Section 6 - Severability
Should any court of competent jurisdiction declare any provision of this Local Law
invalid or unconstitutional, 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 7 - Effective Date
This Local Law shall become effective on the date that it is filed in the office of the Secretary of
State