§ 64-ee. Peconic Bay region septic system replacement loan program. 1.\nAs used in this section, the following words and terms shall have the\nfollowing meanings:\n (a) "Peconic Bay region" means the towns of East Hampton, Riverhead,\nShelter Island, Southampton and Southold.\n (b) "Cesspool" means a drywell that receives untreated sanitary waste\ncontaining human excreta, which sometimes has an open bottom and/or\nperforated sides.\n (c) "Septic system" means a system that provides for the treatment\nand/or disposition of the combination of human and sanitary waste with\nwater not exceeding one thousand gallons per day, serving a single\nparcel of land.\n (d) "Septic system project" means the replacement of a cesspool with a\nseptic system, the installation, replacement or upgrade of a septic\nsystem or septic system components, or installation of enhanced\ntreatment technologies, including an advanced nitrogen removal system,\nto significantly and quantifiably reduce environmental and/or public\nhealth impacts associated with effluent from a cesspool or septic system\nto groundwater used as drinking water, or a threatened or an impaired\nwaterbody.\n (e) "Fund" means the community preservation fund created pursuant to\nsubdivision two of section sixty-four-e of this article.\n 2. The town board of any town in the Peconic Bay region may, by local\nlaw, establish a septic system replacement loan program using a portion\nof the water quality improvement monies from the fund, pursuant to\nparagraph (e) of subdivision three of section sixty-four-e of this\narticle.\n 3. Such program may make loans to the owners of real property located\nwithin the town to finance the installation of septic system projects.\nThe town shall establish priority areas within the town, which would\nreceive water quality and public health benefits from the installation\nof septic system projects, for such loans in order to maximize\nenvironmental and public health benefits.\n 4. To be eligible for a loan pursuant to this section, the septic\nsystem project shall be listed as an approved water quality improvement\nproject in the town's community preservation project plan pursuant to\nsubdivision six of section sixty-four-e of this article and be proposed\nfor real property located within an established priority area of the\ntown. Monies from the fund may only be loaned for projects which have\nbeen included in such plan and shall not include costs associated with\nroutine maintenance such as a pump out of a septic tank.\n 5. A local law establishing the septic system replacement loan program\nshall provide for the criteria for making such loans and the terms and\nconditions for repayment of such loans provided that:\n (a) For loans made to an owner of real property that is a commercial\nentity, not-for-profit organization, or entity other than an individual,\nthe town board shall have the authority by local law to impose\nrequirements on the maximum amount that may be borrowed through such\nloan, which may consider factors including but not limited to the\nproperty value, expected environmental and water quality benefit and\nexisting indebtedness secured by such property.\n (b) For loans made to an owner of real property who is an individual,\nthe principal amount of each such loan, excluding interest, shall not\nexceed the lesser of ten percent of the appraised real property value or\nthe actual cost of the septic system project including the costs of\ninstallation, necessary equipment, materials, and labor.\n (c) No such loan shall be made unless such septic system project will\nsignificantly and quantifiably reduce environmental and/or public health\nimpacts associated with effluent from a cesspool or septic system from\nthe proposed real property site to groundwater used as drinking water,\nor a threatened or an impaired waterbody.\n 6. Every loan made under the septic system replacement loan program\nshall be repaid over a term not to e
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.