§ 78A-4. Sanitary system (I/A OWTS) nitrogen standards for replacement construction.

A. 

Any person who proposes, undertakes, or engages in the creation of a replacement construction project, on or after the effective date of this chapter, which construction project is located within a NPZ, and requires the installation of an individual sanitary system pursuant to Articles 5 and/or 6 of the Suffolk County Sanitary Code or any successor article thereto, shall install an 1/A OWTS that discharges into the ground no more than 19 milligrams of nitrogen per liter of effluent (19 mg/L) on average verified by the requirements of the Suffolk County Department of Health Services, as follows:

(1) 

Residential structures constructed on or before December 31, 1986, which propose additions that increase the number of bedrooms, or increase the floor area of the existing structure as indicated on the earliest certificate of occupancy by an area greater than 10%, including the sum of the area of any previous additions, must install an innovative and alternative on-site wastewater treatment system.

(2) 

Residential structures constructed on or after January 1, 1987, which propose additions that increase the number of bedrooms, or increase the floor area of the existing structure as indicated on the earliest certificate of occupancy by an area greater than 50%, including the sum of the area of any previous additions, must install an innovative and alternative on-site wastewater treatment system.

B. 

In the event an existing construction project must be replaced due to damage caused by winds, torrential rainfall, flooding and/or storm surge from hurricanes or natural disaster, any person required to install an I/A OWTS pursuant to this chapter may seek a waiver from such installation requirements, from the Board of Zoning Appeals , which waiver may be granted only upon a showing of undue financial hardship. The Board of Zoning Appeals is authorized to grant relief in conformance with this section, and may grant such application, impose such reasonable conditions upon its grant of approval of any such relief as it deems appropriate, or may deny the application.

Amended 11-30-2017 by L.L. No. 23-2017, effective 12-6-2017