Preview
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Exhibit B
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Suffolk Code - Article 6
County Sanitary
Page 6-1
ARTICLE 6
SINGLE-FAMILY RESIDENCES, REALTY
SUBDIVISIONS, DEVELOPMENTS
AND OTHER CONSTRUCTION PROJECTS
§760-601 Declaration of Policy
Water is the single most significant resource which Suffolk County and its residents bear
the responsibility to protect and preserve. The County has long recognized the
importance of managing and protecting its water resources, has, over time, developed and
implemented groundwater and surface water management regulations and has instituted
changes to these regulations as evolving circumstances dictate. Water resource
management and protection are of utmost importance in the County, since residents rely
upon Long Island's Federally-designated sole source aquifer to supply their drinking
water needs. The surface water quality of Suffolk County's freshwater streams and
marine waters are directly impacted by policies to protect groundwater and drinking
water supplies, since groundwater provides stream base-flow and discharges to
surrounding coastal waters. Therefore, Suffolk County intends to facilitate the best
available wastewater management policies and technologies, to minimize and prevent the
impacts of water pollution from nitrogen and other constituents (such as pharmaceuticals,
personal care products, and volatile organic compounds) in sanitary wastewater to protect
public health and water resources. Suffolk County's intent is also to investigate the use of
wastewater management practices and technologies which permit the re-use of
wastewater, such as for agricultural irrigation and fertilization, in a manner that protects
public health and preserves water resources.
§760-602 Statement of Intent and Purpose
It is the intent and purpose of this Article to promote public health and safeguard the
water resources of Suffolk County. The County's drinking water must meet strict quality
standards to protect public health. Elevated levels of contaminants in the County's
groundwater raise serious concern. Many of the County's rivers, estuaries and bays are
impaired as the result of eutrophication. Nitrogen, which primarily emanates from
Subsurface Sewage Disposal Systems, Cesspools, and fertilizer impacts drinking water
supplies and causes hypoxia, harmful algal blooms, diminution of sea and shellfisheries,
and degradation of the County's protective natural infrastructure. Sea level rise is
projected to raise groundwater levels, thus further compromising on-site wastewater
treatment infrastructure.
Properly designed, sited, installed, managed, and maintained wastewater treatment
infrastructure provides a cost-effective and environmentally sound means of protecting
Suffolk County's water resources and improving public health protection. To promulgate
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
SuffolkCountySanitaryCode-Article6
Page 6-2
the use of Community Sewerage Systems and improve the effectiveness of Subsurface
Sewage Disposal Systems, the intent and purpose of this Article is to:
a) Continue the lot size and Population Density Equivalent requirements of this
Article.
b) Establish requirements for the retrofit and replacement of Cesspools and
Subsurface Sewage Disposal Systems.
c) Establish requirements for the use of I/A OWTS for pre-existing Other
Construction Projects which exceed the Population Density Equivalent
requirements of this Article.
d) Permit the use of Transfer of Development Rights in accordance with this Article
to allow growth while protecting the water resources of the County.
§760-603 Definitions
As used in this Article, unless the context otherwise requires:
1. Absorption Area means the area of a Leaching Structure that allows the effluent
wastewater to infiltrate the surrounding soil.
2. Cesspool means any buried chamber, including, but not limited to any perforated
metal tank, perforated concrete or block vault or hollow excavation, which receives
direct discharges of wastewater from a building sewer for the purpose of collecting
solids and discharging liquid to the surrounding soil.
3. Clustered Realty Subdivision means a realty subdivision consisting of one or more
relatively undersized parcels, which is designed in such a manner so as to allow a
substantial unimproved portion of the Tract to stand open and uninhabited.
4. Commercial or Industrial Center means a Realty Subdivision, Development, or
Clustered Realty Subdivision to be used for non-Single-Family Residence purposes.
5. Community Sewerage System means a system utilized for the collection and
disposal of Sewage or other waste of a liquid nature, including the various devices for
the treatment of such wastes, serving more than one parcel, whether owned by a
municipal corporation, private utility, or otherwise.
6. Community Water System means a source of water and necessary appurtenances
together with a distribution system serving more than one parcel, whether owned by a
municipal corporation, private utility, or otherwise.
7. Construction Project means a Residence or Conventional Single-
Single-Family
Family Residential Subdivision or Development to be used for Single-Family
Residence purposes.
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Suffolk Code - Article 6
County Sanitary
Page 6-3
8. Conventional Septic System or Conventional Onsite Wastewater Treatment
System (OWTS) means an onsite sanitary system consisting of a septic tank and any
associated interconnecting piping, a leaching structure(s) and any associated
interconnecting piping that does not have any active or mechanical means of
treatment or any supplemental filtration components.
9. Conventional Single-Family Residential Subdivision or Development means a
Realty Subdivision, Development or Clustered Realty Subdivision to be used for
Single-Family Residence purposes.
10. Density Load means the quantity of Sewage expected to be discharged from existing
and/or proposed permanent structure(s) on a parcel, excluding Kitchen/Gray Load,
expressed in gallons per day per applicable unit and utilized to evaluate the need for
Sewage treatment when compared to the Population Density Equivalent for the
project.
11. Density Loading Rate means the flow factor established by Department standards to
determine the Density Load of an Other Construction Project parcel based on the
use(s) of the parcel.
12. Department means the Suffolk County Department of Health Services.
13. Design Sewage Flow means the sum of the Hydraulic Load(s) from all uses of a
building(s) on an Other Construction Project parcel and utilized to determine the size
of the Sewage disposal system(s).
14. Developer means any person or group of persons, or any legally cognizable entity or
entities or any combination of the foregoing, that:
1. is undertaking or participating in the establishment of a Construction Project or
Other Construction Project:
a. either individually, or
b. pursuant to a common scheme, plan or venture, or
2. owns, acquires, possesses, controls or creates a Construction Project or Other
Construction Project.
15. Development means two, three or four contiguous parcels located wholly or partially
within the County of Suffolk, or any Tract of land located wholly or partially within
the County of Suffolk which has, is or will be divided into two, three, or four
identifiable parcels.
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Suffolk Code - Article 6
County Sanitary
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16. Development Rights is defined in the same way as under Section 261-a (1) of the
Town Law (McKinney's, 1995).
17. Failed System means any Cesspool or Individual Sewerage System that does not
adequately treat and/or disperse wastewater so as to create a public or private
nuisance or threat to public health or environmental quality, as evidenced by and
including, but not limited to, one or more of the following conditions:
1. Continued failure to accept wastewater into the building sewer;
2. Continued discharge of wastewater to a basement, subsurface drain,
stormwater collection, conveyance or treatment device, or watercourse
unless expressly permitted by the Department;
3. Wastewater rising to the surface of the ground over or near any part of an
OWTS or seeping from the Absorption Area at any change in grade, bank
or road cut;
4. Where pumping of the Cesspool, septic tank, I/A OWTS, or Leaching
Structure is required four or more times per year due to the infiltration of
groundwater into the system, a collapsed Leaching Structure, or clogged
Absorption Area which does not allow effluent to infiltrate the surrounding
soils. This condition excludes grease trap maintenance or commercially
reasonable, regular/scheduled preventative maintenance of a Cesspool,
septic tank, I/A OWTS, or Leaching Structure. The Department may
promulgate Standards pursuant to this Article defining commercially
reasonable, regular/scheduled preventative maintenance;
5. Where groundwater seeps into a septic tank, Cesspool, pump tank/basin,
distribution box/manhole, or Leaching Structure after it is pumped;
6. Any structural damage or deterioration that has caused structural damage to
the Individual Sewerage System, as determined by a NYS Licensed Design
Professional or a contractor/Developer holding an active Liquid Waste
License pursuant to Suffolk County Code Chapter 563, Article VII (Septic
Industry Businesses) through the Suffolk County Department of Labor,
Licensing and Consumer Affairs. A determination of structural damage or
deterioration that causes structural damage by a NYS Licensed Design
Professional (registered architect or licensed professional engineer) shall
supersede a Liquid Waste License holder's determination.
18. Groundwater Management Zone means any of the areas delineated in Suffolk
County by the "Long Island Comprehensive Waste Treatment Management Plan (L.I.
Study)," Plan,"
208 as revised by the "Long Island Groundwater Management and
subsequent revisions adopted by the Board identifying differences in regional
hydrogeologic and groundwater quality conditions. The boundaries of the
Groundwater Management Zones are set forth on a map adopted by the Board, filed in
the Office of the Commissioner.
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Suffolk Code - Article 6
County Sanitary
Page 6-5
19. Hydraulic Load means the sum of the Density Load and Kitchen/Gray Load for a
particular use of a building on a parcel expressed in terms of gallons per day per
applicable unit.
20. Individual Sewerage System means any onsite sanitary system consisting of a septic
tank and/or I/A OWTS tank(s) with any associated interconnecting piping, a leaching
structure(s) and any associated interconnecting piping. OWTS and I/A OWTS are
classified as Individual Sewerage Systems.
21. Individual Water Supply System means a single system of piping, tanks, or other
facilities together with a source of water intended to supply only a single parcel.
22. Innovative and Alternative Onsite Wastewater Treatment System(s) (I/A OWTS)
means an onsite decentralized wastewater treatment system(s) that, at a minimum, is
designed to reduce total nitrogen in treated effluent to 19 mg/l. An I/A OWTS can
serve more than one parcel, but shall not be considered sewering, Community
Sewerage Systems, or Modified Subsurface Sewage Disposal (denitrification) by the
Department under this Article of the Code.
23. Kitchen/Gray Load means the volume of Sewage discharged from food preparation
and service areas, or other gray water uses from Other Construction Projects
(excluding uses from residential parcels such as, but not limited to, condominiums,
Two Family Residences, Multi-Family Housing) expressed in terms of gallons per
day per applicable unit, which has been omitted from the Density Load.
24. Leaching Structure means a perforated structure placed below grade, conforming to
Department standards, from which septic tank and/or IA OWTS effluent will infiltrate
the surrounding soil.
25. Major Reconstruction means to re-build or modify an existing Other Construction
Project permanent structure(s) located on a parcel of land where the cost of the
reconstruction is more than 50 percent of the market value of the existing permanent
structure(s) as determined by a New York State certified real estate appraiser. Market
value pertains only to the existing permanent structure itself, and does not pertain to
the land, landscaping, or detached accessory structures on the parcel of land. Items to
be excluded when calculating reconstruction costs or market value include, but are not
limited to, plans, specifications, survey costs, permit fees, and outside costs such as
landscaping, sidewalks, parking lots, swimming pools, fences, detached structures,
irrigation systems, exterior drainage structures, and exterior utilities. Market value
and reconstruction cost (cost of work) shall be calculated in accordance with Sections
4.4 and 4.5 of the United States Federal Emergency Management Agency publication
Reference,"
"Substantial Improvement/Substantial Damage Desk FEMA P-758/May
2010.
FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Suffolk Code - Article 6
County Sanitary
Page 6-6
26. Modified Subsurface Sewage Disposal System means an onsite Sewage Treatment
System or Treatment Works which includes processes capable of meeting applicable
discharge standards and where the designed Sewage treatment capacity of the system
shall not exceed 15,000 gallons per day.
27. Multi-Family Housing means dwelling units designed for occupancy by more than
two single-family units.
28. Non-Residential Parcel means any parcel that is not a residential parcel.
29. Other Construction Project means a project other than a Single-Family Residence,
or Conventional Single-Family Residential Subdivision or Development, including,
but not limited to condominiums, Two-Family Residences, Multi-Family Housing,
and Commercial or Industrial Centers, whether or not there is a division of land
involved.
30. OWTS Replacement means the abandonment and/or removal of an existing
Individual Sewerage System or Cesspool and installation of a new Individual
Sewerage System. Applications for OWTS Replacement shall not propose any change
of use, new Construction Project, Other Construction Project, or change the