Substandard systems with the absorption area located within 200 feet of Canandaigua Lake with lot limitations: On parcels with existing substandard on-site wastewater treatment systems that have topographic, physiographic, lot size or other limitations that do not allow for meeting the design standards of §
202-6, the authority having jurisdiction shall require the parcel owner to meet the design standards of §
202-6 to the greatest extent possible.
(1)
The parcel owner shall follow the procedures in Article
IV of this chapter to bring their on-site wastewater treatment system into compliance to the greatest extent possible. The authority having jurisdiction shall have the ability to grant a local waiver to the requirements of the law on substandard lots if the applicant can prove that they have met the requirements to the greatest extent possible. The authority having jurisdiction shall take the following into consideration when determining if the on-site wastewater treatment system meets the design standards of §
202-6 to the greatest extent possible:
(a)
Previous approvals and/or specific waivers granted by NYS-DOH,
or the watershed inspectors;
(b)
Distance separations to surface water and groundwater wells
in order to minimize pathogen, nutrient, and/or other pollutant loading;
(c)
The ability to utilize the latest technology and the ability
to maintain that technology;
(d)
Existing lot line setbacks and area requirements as related
to individual properties; and
(e)
The extent to which the limitations are self-created.
(2)
On previously developed sites with a substandard system, holding
tanks may be utilized if the authority having jurisdiction deems it
is the best available technology for the existing site conditions
and limitations.
(3)
Once the authority having jurisdiction has determined that the substandard system meets the design standards of §
202-6 to the greatest extent possible, the authority having jurisdiction shall provide the parcel owner with a building permit and a letter of acknowledgement stating that the parcel owner is meeting the design standards of §
202-6 to the greatest extent possible.
