CORTLAND COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS MINIMUM LOT SIZE

Transcription

1 CORTLAND COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS MINIMUM LOT SIZE USE OF INDIVIDUAL WASTEWATER TREATMENT SYSTEMS AND DRINKING WATER SUPPLY WELLS WHERE PUBLIC FACILITIES ARE NOT AVAILABLE Approved by Board of Health June 13, Effective Date.July 1, 1968 Amended Date.July 21, Effective Date.July 22, Amended Date 16 January Effective Date.1 February Amended Date.. 17 February

2 Cortland County Health Department RULES AND REGULATIONS MINIMUM LOT SIZE USE OF INDIVIDUAL WASTEWATER TREATMENT SYSTEMS AND DRINKING WATER SUPPLY WELLS WHERE PUBLIC FACILITIES ARE NOT AVAILABLE Applicability: These Rules and Regulations apply to building lots with individual wastewater treatment systems and drinking water supply wells for residential and/or domestic-type uses as given in Articles XI, XII and XV of the Cortland County Sanitary Code (SSC). Purpose: The Board of Health of the Cortland County Health District hereby adopts the following Rules and Regulations concerning the use of individual wastewater treatment and drinking water supply wells as a means of protecting surface and ground waters where public sewers are not available at the time of development. The purpose of these Rules and Regulations shall be as follows: 1. To promote and protect the health and general welfare of the people. 2. To promote long range comprehensive planning of public water supplies and sewerage facilities and to expedite their construction and operation as needed. 3. To assist in the orderly and sound development of those lands on which public facilities will not be available in the foreseeable future by the proper development of wells and treatment of wastewater through the judicious use, sound design and construction of individual wastewater treatment systems. These Rules and Regulations are hereby adopted according to the provisions of the State Public Health Law, State Sanitary Code and in Articles XI, XV and XII of the Cortland County Sanitary Code. 2

3 RULE 1, DEFINITIONS Area I Urban and Suburban Areas Under Active Development of an Extensive Nature Areas of the County which are under active development of an extensive nature and where public sewers and water are available or will be made available within 2 years. Area II Urban and Suburban Areas Areas of the County where public water is available but where public sewers are not available, or where public sewers are available but where public water is not available. Area III Rural Areas Areas of the County where public water and sewers are not, and will most likely not be, available within the foreseeable future. Comprehensive Planning Comprehensive planning must include an engineering study to determine the logical and economical water and wastewater service area, development of basic engineering plans and preparation of reliable first cost and annual operating cost estimates. RULE 2, GENERAL REQUIREMENTS APPLICABLE TO ALL AREAS a) Number of Lots. Not more than four (4) lots, 5 acres or less shall be permitted on any tract or parcel of land unless a realty subdivision plan has been approved in accordance with Article XI of the Cortland County Sanitary Code and Public Health Law - Article 11 - Title II Realty Subdivision: Water and Sewerage Service. b) Minimum Lot Sizes. See RULE 3. 3

4 c) Public Water/Sewer. Realty subdivisions shall be in accordance with Article XI, Section 4 and 5 of the Cortland County Sanitary Code unless final plans have been approved for public water and/or sewers and a firm commitment has been filed by the municipality or legal utility corporation guaranteeing construction of public water and/or sewers facilities within 2 years. d) Individual wastewater treatment systems shall comply with Appendix 75-A, New York State Sanitary Code and Article XV, Cortland County Sanitary Code. e) Topography shall be favorable for the development of individual water wells and individual wastewater treatment systems. f) Ground water table at its maximum height shall be at least 2 feet below bottom of absorption field trenches. g) Depth to rock shall be at least 2 feet below bottom of absorption field trenches. h) Soil Percolation Tests. See RULE 3. i) Subsurface Sand Filters. See RULE 3. j) Individual Wastewater Treatment Systems Developed in Fills. Filled land will be judged on the basis of soil percolation tests of the consolidated fill, taking into account the character of the original subsoil. Fill material shall have an in place, tested percolation rate of 10 to 20 minutes per inch (mpi) and shall be approved by this Department prior to construction. Provided other conditions are favorable, individual wastewater treatment systems for single family dwellings or structures with equivalent wastewater 4

5 flow may be permitted in fill in accordance with approved standards and specifications. Fill systems shall not be allowed for extensive use in realty subdivisions. Use of fill systems in realty subdivisions shall be limited to less than 50 percent of the proposed lots. Where fill systems are proposed in realty subdivisions, designs for diversion ditches shall be shown in the plans for all systems in conformance with Appendix 75-A, New York State Sanitary Code. Diversion ditches shall be full depth of the fill or at least 4 feet in depth (whichever is greater) to insure groundwater is at least 2 feet below the bottom of the absorption trenches, with outlet to daylight via piping and provide for upgradient surface drainage away from the fill. k) Notwithstanding any of these Rules and Regulations, special consideration may be given to lot sizes other than those specified in RULE 3 and the maximum number of lots in realty subdivisions as specified in RULE 2C where a public water supply and/or public sewer legally incorporated under State Law is available for connection by the proposed lot and a firm commitment is provided by the public utility allowing for connection. Lots shall connect to such public facilities prior to occupancy. l) Individual drinking water supply wells shall comply with Appendix 5-B, New York State Sanitary Code and Article XII, Cortland County Sanitary Code. m) No driven or dug wells shall be permitted as a potable source of water for new water sources or supplies. 5

6 n) All individual wastewater treatment systems shall provide a replacement area of 100 percent of the system size. All wells shall provide a replacement area of at least a 20 foot radius. o) All construction permit applications shall include a site plan showing proposed sanitary facilities and separation distances between facilities and adjacent facilities. Any changes to the site plan without approval by the Health Department will subject the permit to possible revocation. p) Specific Waiver Application: Application may be made for a specific waiver from these regulations. The Cortland County Health Department will approve; approve with conditions; not act and request additional supporting documentation; or deny the Specific Waiver application. The determination will be sent to the applicant and a copy of the determination and all information submitted with the application will be retained. Hardships may be taken into consideration in the determination. 6

7 RULE 3, MINIMUM LOT SIZES AND ADDITIONAL REQUIREMENTS Minimum Lot Sizes Area Sanitary Facility Availability Minimum Lot Size Length (feet) Minimum Lot Size Width (feet) Area (square feet) Area (acreage) I Public Water and Sewer , II Public Water or Sewer Only , III No Public Water and Sewer , Lot dimensions may vary by 10 percent, while maintaining minimum area requirements. Additional Requirements a) Lots with existing wastewater treatment systems or drinking water supply wells that are subdivided shall maintain within the parent lot an area equal to 100 percent replacement of the wastewater system and an area of at least a 20 foot radius for replacement of the well, which shall meet required separation distances. b) Sand filters may be permitted (except in realty subdivisions) where topography, lot size and other conditions are satisfactory, and where the effluent will be discharged to an approved fill system. Sand filters shall not be permitted in realty subdivisions. c) Lots located in primary aquifer areas with soils having less than 10 minutes per inch (mpi) percolation rate, shall be required to have a cut and fill individual wastewater treatment system with fill having a percolation rate greater than 10 mpi. d) Where soils are exceptionally permeable (percolation less than 5 mpi) or are exceptionally non-permeable (greater than 60 mpi), 7

8 local towns and villages may require proportionately larger lot sizes. e) All systems must be designed in accordance with applicable County, State Health Department and/or State Department of Environmental Conservation regulations or guidelines. f) Specific Waiver from Minimum Lot Sizes: i) New Lots - For lots subdivided after 1 February 2007 that meet all other provisions of this regulation, application may be made for a specific waiver from these minimum lot size requirements. For consideration of the waiver, required separation distances for wastewater treatment systems and drinking water supply wells shall be met. A site plan by a licensed professional shall be submitted with the waiver application, which includes locations of drinking water supply wells and wastewater treatment systems on all adjacent lots. For lots with drinking water supply wells and individual wastewater treatment systems, lots shall have minimum dimensions of 150 feet by 300 feet. Separation distances shall be calculated from the outside perimeter of the 20 foot radius replacement well area. ii) All Existing Lots - For lots subdivided prior to 1 February 2007, application may be made for a specific waiver for the well, where minimum separation distances cannot be met. 8