Board of Trustees

MEETING NOTICE Village of Scarsdale A Work Session of the Scarsdale Village Board of Trustees is scheduled for 6:00 PM on Tuesday, October 18, 2022, in Rutherford Hall located on the 2nd Floor in Village Hall. Members of the public wishing to participate in the meeting remotely can do so via online link at https://zoom.us/j/93183703358, or call into the meeting using 1-929-436- 2866 and entering the Meeting ID 931 8370 3358.* Agenda 1. Proposed Private Sewer Lateral Local Law 2. Proposed 25 MPH Area Speed Limit Local Law CS: 10-12-22 E-MAIL: Journal News (Lohud) Scarsdale 10583 Scarsdale Hamlet Hub Scarsdale Inquirer The Daily Scarsdale cc: Lobby Bulletin Board *For a brief Zoom tutorial or to troubleshoot a problem, see here: https://support.zoom.us/hc/en- us/articles/205566129-Raise-Hand-In-Webinar. For other user questions, please visit the Zoom Help Center: https://support.zoom.us/hc/en-us.   Main Office 445 Hamilton Avenue White Plains, NY 10601 Phone 914.946.4777 Fax 914.946.6868 MEMORANDUM  Mid-Hudson Office 200 Westage Business Center Fishkill, NY 12524 Phone 845.896.0120  New York City Office TO: Village of Scarsdale 505 Park Avenue New York, NY 10022 FROM: Keane & Beane, P.C. Phone 646.794.5747 RE: Certificates of Inspection to Prevent Illegal Sewer Connections DATE: October 12, 2022 Keane & Beane, P.C. has a prepared a proposed local law for the Village of Scarsdale to reduce inflow and infiltration into the Village’s sanitary sewer system. The proposed local law accomplishes this goal by requiring inspection, testing, repair, replacement and ongoing maintenance of Sewer Laterals. Scope of the Proposed Local Law The proposed local law adds a new Article II to Chapter 244 of the Village Code entitled, “Removal of Sewer Lateral Defects and Illegal Connections or Discharges to the Sanitary Sewer System.” The provisions of the proposed local law apply to all properties in the Village of Scarsdale. Under the proposed local law, it is illegal to discharge or cause to be discharged any non-sanitary substance, including but not limited to, stormwater, surface water, groundwater roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted industrial process water or other similar discharge or entry into the Sanitary Sewer System. Property owners are also required to perform all required maintenance, repairs and replacements of their Sewer Laterals. All Sewer Laterals shall be maintained as follows: 1. Sewer Laterals shall be kept free from roots, grease deposits and other solids, which may impede the flow or obstruct the transmission of sewage. 2. Sewer Laterals shall not exhibit any signs of Infiltration. 3. Sewer Laterals shall not exhibit any sign of Exfiltration or leakage. 4. Sewer Lateral pipe joints shall be watertight, and all lateral pipes shall be free of any structural defects such as cracks, breaks, openings, rodent holes or missing portions, and the grade shall be uniform without sags or offsets. 5. Sewer Laterals shall only be connected to Sewer Mains. 6. All Cleanouts shall be securely sealed with a proper cap or approved overflow  device at all times. 7. There shall be no Non-Sanitary Sewer Connections to the Sewer Lateral or to any plumbing that connects thereto. Property owners are required to obtain a Discharge Compliance Certificate to demonstrate compliance with all rules and regulations, including the requirements discussed above. Definitions The proposed local law defines the following terms: CLEANOUT A pipe fitting and associating piping connected to a Sewer Lateral that provides access to the Sewer Lateral for purposes of flushing, rodding, cleaning and other maintenance and diagnostic purposes. COMMON INTEREST DEVELOPMENT A community apartment project, a condominium project, a planned development, a stock cooperative, or a homeowner’s association created in accordance with the applicable provisions of New York State Law. DEMOLITION Any act, action or process that dismantles, destroys, knocks down, obliterates, wrecks, disassembles, razes or tears down 100% of the aggregate floor area of a structure. Aggregate floor area, for purposes of this definition only, shall note include terraces, unroofed open porches and steps. DISCHARGE COMPLIANCE CERTIFICATE A certificate issued by the Village Engineer or duly authorized designee stating that: A. All connections on the property to the Sewer Main comply with the New York State Building Code and the Village Code; B. There are no Non-Sanitary Sewer Connections; and C. The Sewer Laterals on the property do not directly or indirectly allow Inflow or Infiltration into the Village’s public Sewer Mains. D. The Sewer Laterals do not exhibit any sign of exfiltration or leakage and comply with the maintenance standards in § 244-12. EXFILTRATION Raw sewage that leaks out of laterals into soil, groundwater and waterways. 2 INFILTRATION Water other than wastewater that enters a Sanitary Sewer System from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, Inflow. INFLOW Water other than wastewater that enters a Sanitary Sewer System from sources such as, but not limited to, roof leaders, sump pumps, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street washwaters and drainage. Inflow does not include, and is distinguished from, Infiltration. NON-SANITARY SEWER CONNECTION Anything that directly or indirectly conveys storm water, surface water, roof runoff, intercepted groundwater or subsurface drainage into the Sanitary Sewer System, including but not limited to, down spouts, yard drains, sump pumps, or other sources of storm water, run-off or groundwater. PROPERTY OWNER A person that owns a present interest in a parcel of real property. As used in this definition, a “person” means an individual, trust, corporation, nonprofit organization, Common Interest Development, partnership, firm joint venture, limited liability company, or association. QUALIFYING EVENT Any event described in § 244-14.A that, upon the occurrence of the event, imposes an obligation on a Property Owner to obtain a Discharge Compliance Certificate. SAG A vertical deflection of the sewer lateral from its overall grade whereby liquid or settled solids obstruct more than 25% of the pipe when no flow is present. SANITARY SEWER SYSTEM A system of piping intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, and institutions to which stormwaters, surface waters and groundwaters are not intentionally admitted through either direct or indirect connection or lack of maintenance or neglect. The Sanitary Sewer System includes Sewer Laterals and Sewer Mains. SEWER LATERAL That part of the piping of a Sanitary Sewer System which extends from the end of the building sewer drain to the Sewer Main and conveys the discharge of the building sewer drain to the Sewer Main. 3 SEWER MAIN A sanitary sewer line directly controlled by the Village of Scarsdale and located in the public right-of-way or Village easement that collects flows from one or more Sewer Laterals. SUBSTANTIAL WORK Construction projects for residences costing over $100,000. Plumbing Permits All plumbing permit applications shall be submitted with a certification statement from a plumber licensed to do business within the County of Westchester. The plumber shall certify that they have: 1. Inspected all of the connections on the property to the Sanitary Sewer System and that all such connections comply with the requirements of the New York State Building Code, Westchester County Sewer Act, the Westchester County Sanitary Code and the Village Code; 2. Inspected the real property and found that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids into the Sanitary Sewer System; and 3. Inspected the Sewer Laterals leading from the structures on the property and determined that such laterals do not directly or indirectly allow inflow or infiltration therefrom into the Sewer Main. Discharge Compliance Certificate A property owner will be required to obtain a Discharge Compliance Certificate in the following instances: 1. Upon any sale, transfer or conveyance of the property. If a Discharge Compliance Certificate is required as a result of a transfer of title, and remedial work or a replacement is required for the issuance of a Discharge Compliance Certificate, the Village Engineer or duly authorized designee may permit the transfer of title to proceed without the Discharge Compliance Certificate if the transferor deposits with the Village, in a trust and agency account to be maintained by the Village Treasurer, an amount determined by the Village Engineer or duly authorized designee to be sufficient to complete the remedial work or replacement, and the transferor agrees that the work will be completed within six months and that if the work is not completed within six months, the Village may enter upon the property and complete such work using the escrowed 4  funds. The Village Treasurer will bill to the transferor any cost to complete the work beyond the amount deposited with the Village Treasurer, and the transferor does not pay that amount, the balance due will be a lien on the property which can be collected and enforced as part of, and in the same manner as, the Village taxes. 2. Prior to the issuance of a building permit for the performance of Substantial Work. 3. Upon the issuance of a written notice from the Village. In the event the Village Engineer or duly authorized designee identifies any illegal connections, significant defects or leaking, deteriorating or poorly constructed Sewer Laterals and/or Sewer Lateral service connections, the Village Engineer or duly authorized designee shall give written notice of same to the Property Owner that such illegal connections or defects be eliminated, repaired, replaced, or rehabilitated at the Property Owner’s expense. Upon completion of the repairs, the Property Owner shall submit to the Village Engineer or duly authorized designee an application for a Discharge Compliance Certificate. In connection with any application for a Discharge Compliance Certificate, the person who performed any required Sewer Lateral test or repairs must identify the type of testing performed, submit the televised and/or pressure testing results, and verify whether the house, building or property has any roof drains, sump pump or other prohibited storm water connections, groundwater connections or other sources of Inflow or Infiltration to the Sanitary Sewer in violation of this article. The proposed local law sets forth testing and inspection procedures that must be followed. For any required repairs, the Property Owner shall submit with the Discharge Compliance Certificate a detailed invoice specifying the repairs made and reflecting payment for the repairs. Exemptions Property owners shall not be required to complete televised and/or pressure testing of the Sewer Laterals and obtain a Discharge Compliance Certificate upon the occurrence of a Qualifying Event in the following instances: 1. When a Qualifying Event occurs with respect to property in a Common Interest Development, the Common Interest Development shall complete televised and/or pressure testing at the times and in the manner set forth in the proposed local law. 2. Upon the transfer of a partial interest such as leasehold. 3. Upon a transfer to a beneficiary by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust, where the Property 5  is sold within twelve (12 months) and not occupied by the beneficiary or family member 4. Upon a transfer between persons who own a parcel of real property concurrently in the form of a tenancy in common, a joint tenancy, a partnership, a community property, or any other form of tenancy, co-ownership, or concurrent ownership. 5. Upon a transfer made by a trustor to fund or defund an inter vivos trust, or by an executor to fund a testamentary trust or where the property is sold within twelve (12) months and is not occupied by the beneficiary or family member. 6. Upon a transfer made to a person’s spouse, a domestic partner, parent, child, grandchild or grandparent. 7. Upon the construction of a new principal building. If at the time of a Qualifying Event the Property Owner can prove that a Discharge Compliance Certificate has been issued within the preceding 5 years or the entire sewer lateral was fully replaced, from building structure to the Sewer Main, in the last 10 years, and there has been no significant change in the condition of the property, the Village Engineer or duly authorized designee may waive the requirement for a new Discharge Compliance Certificate for that particular Qualifying Event. Common Interest Developments The proposed local law contains separate triggers for when a Common Interest Development must obtain a Discharge Compliance Certificate. The Common Interest Development must conduct a televised and/or pressure test of the Sewer Laterals under its control and obtain a Discharge Compliance Certificate at the following times: 1. Existing Common Interest Development. A Common Interest Development created on or before January 1, 2025, shall obtain a Discharge Compliance Certificate within six (6) months of the adoption of this article. 2. New Common Interest Development. A Common Interest Development created after January 1, 2025, must within twelve (12) months of the date of its establishment, obtain a Discharge Compliance Certificate. 3. Increase in Responsibility. A Common Interest Development that, regardless of the date it was first created, takes any action which increases the physical extent of the Common Interest Development’s Sewer Lateral maintenance responsibility, must within six (6) months, obtain a Discharge Compliance Certificate, unless a Compliance Discharge Certificate was issued and remains valid and unexpired. 4. Decrease in Responsibility. A Common Interest Development that, regardless of 6  the date it was first created, takes any action which decreases the physical extent of the Common Interest Development’s Sewer Lateral maintenance responsibility, must within six (6) months, obtain a Discharge Compliance Certificate, unless a Compliance Discharge Certificate was issued and remains valid and unexpired. A Discharge Compliance Certificate issued to a Common Interest Development is valid for ten (10) years, unless revoked or modified. A Common Interest Development must always have a valid Discharge Compliance Certificate on file and is required to obtain a new Discharge Compliance Certificate within twelve (12) months of the expiration of its Discharge Compliance Certificate. Enforcement The proposed local law contains several provisions to strengthen the Village’s enforcement of the proposed provisions and establish procedures for enforcement. 7 Draft June 7, 2022 DRAFT LOCAL LAW NO. ____ OF 2022 BOARD OF TRUSTEES VILLAGE OF SCARSDALE PROPOSED LOCAL LAW TO CREATE ARTICLE II OF CHAPTER 244 OF THE CODE OF THE VILLAGE OF SCARSDALE A LOCAL LAW to create Article II of Chapter 244 of the Code of the Village of Scarsdale concerning the removal of illegal connections or discharges to the Sanitary Sewer. BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: Section 1. Chapter 244, Article II of the Code of the Village of Scarsdale is hereby created as follows: Article II Illegal Discharges, Activities and Connections to the Sanitary Sewer System § 244-9 Purpose. The purpose of this article is to reduce Infiltration and Inflow into the Sanitary Sewer System and exfiltration of sewage into groundwater and waterways by requiring inspection, testing, repair, replacement and ongoing maintenance of Sewer Laterals by Property Owners within the Village of Scarsdale. § 244-10 Definitions. As used in this article, the following terms shall have the meanings indicated: CLEANOUT A pipe fitting and associating piping connected to a Sewer Lateral that provides access to the Sewer Lateral for purposes of flushing, rodding, cleaning and other maintenance and diagnostic purposes. COMMON INTEREST DEVELOPMENT A community apartment project, a condominium project, a planned development, a 5102/11/704484v2 10/13/22 -1- Draft June 7, 2022 stock cooperative, or a homeowner’s association created in accordance with the applicable provisions of New York State Law. DEMOLITION Any act, action or process that dismantles, destroys, knocks down, obliterates, wrecks, disassembles, razes or tears down 100% of the aggregate floor area of a structure. Aggregate floor area, for purposes of this definition only, shall note include terraces, unroofed open porches and steps. DISCHARGE COMPLIANCE CERTIFICATE A certificate issued by the Village Engineer or duly authorized designee stating that: A. All connections on the property to the Sanitary Sewer System comply with the New York State Building Code and the Village Code; B. There are no Non-Sanitary Sewer Connections; and C. The Sewer Laterals on the property do not directly or indirectly allow Inflow or Infiltration into the Village’s public Sewer Mains. D. The Sewer Laterals do not exhibit any sign of Exfiltration or leakage and comply with the maintenance standards in § 244-12. EXFILTRATION Raw sewage that leaks out of laterals into soil, groundwater and waterways. INFILTRATION Water other than wastewater that enters a Sanitary Sewer System from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, Inflow. INFLOW Water other than wastewater that enters a Sanitary Sewer System from sources such as, but not limited to, roof leaders, sump pumps, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street washwaters and drainage. Inflow does not include, and is distinguished from, Infiltration. 5102/11/704484v2 10/13/22 -2- Draft June 7, 2022 NON-SANITARY SEWER CONNECTION Anything that directly or indirectly conveys storm water, surface water, roof runoff, intercepted groundwater or subsurface drainage into the Sanitary Sewer System, including but not limited to, down spouts, yard drains, sump pumps, or other sources of storm water, run-off or groundwater. PROPERTY OWNER A person that owns a present interest in a parcel of real property. As used in this definition, a “person” means an individual, trust, corporation, nonprofit organization, Common Interest Development, partnership, firm joint venture, limited liability company, or association. QUALIFYING EVENT Any event described in § 244-14.A that, upon the occurrence of the event, imposes an obligation on a Property Owner to obtain a Discharge Compliance Certificate. SANITARY SEWER SYSTEM A system of piping intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, and institutions to which stormwaters, surface waters and groundwaters are not intentionally admitted through either direct or indirect connection or lack of maintenance or neglect. The Sanitary Sewer System includes Sewer Laterals and Sewer Mains. SEWER LATERAL That part of the piping of a Sanitary Sewer System which extends from the end of the building sewer drain to the Sewer Main and conveys the discharge of the building sewer drain to the Sewer Main. SEWER MAIN A sanitary sewer line directly controlled by the Village of Scarsdale and located in the public right-of-way or Village easement that collects flows from one or more Sewer Laterals. SUBSTANTIAL WORK Construction projects for residences costing over $50,000, or over $25,000 involving one or more plumbing fixtures connected to the Sanitary Sewer System. Construction projects for non-residential structures shall be construction projects costing over $150,000, or over $75,000 involving one or more plumbing fixtures connected 5102/11/704484v2 10/13/22 -3- Draft June 7, 2022 § 244-11 Illegal connections or discharges to Sanitary Sewers prohibited. No Property Owner shall discharge or cause to be discharged any non-sanitary substance, including but not limited to, stormwater, surface water, groundwater roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted industrial process water or other similar discharge or entry into the Sanitary Sewer System. Any existing connection or discharge resulting in a Non-Sanitary Sewer Connection shall be terminated. § 244-12 Standards for maintenance of Sewer Laterals. A. It shall be the sole responsibility of the Property Owner to perform all required maintenance, repairs and replacements of Sewer Laterals in accordance with the requirements of this section and any other Village standards. B. Standards for maintenance of a Sewer Lateral are set forth as follows: (1) Sewer Laterals shall be kept free from roots, grease deposits and other solids, which may impede the flow or obstruct the transmission of sewage. (2) Sewer Laterals shall not exhibit any signs of Infiltration. (3) Sewer Laterals shall not exhibit any sign of Exfiltration or leakage. (4) Sewer Lateral pipe joints shall be watertight, and all lateral pipes shall be free of any structural defects such as cracks, breaks, openings, rodent holes or missing portions, and the grade shall be uniform without sags or offsets. (5) Sewer Laterals shall only be connected to Sewer Mains. (6) All Cleanouts shall be securely sealed with a proper cap or approved overflow device at all times. (7) There shall be no Non-Sanitary Sewer Connections to the Sewer Lateral or to any plumbing that connects thereto. § 244-13 Removal of illegal connections, discharges or defects. A. In the event the Village Engineer or duly authorized designee identifies any illegal connections, significant defects or leaking, deteriorating or poorly constructed Sewer Laterals and/or Sewer Lateral service connections, the Village Engineer or duly authorized designee shall give written notice of same to the Property Owner that such 5102/11/704484v2 10/13/22 -4- Draft June 7, 2022 illegal connections or defects be eliminated, repaired, replaced, or rehabilitated at the Property Owner’s expense, within 30 days of the date of the notice. If the condition does not create a health hazard, the Village Engineer or duly authorized designee, upon written request of the Property Owner, may, within his or her discretion, extend the deadline to 60 days from the date of the notice. Where a Sewer Lateral is served by more than one property, the owners of each property will be issued a written notice. B. Upon completion of the repairs, the Property Owner shall submit to the Village Engineer or duly authorized designee an application for a Discharge Compliance Certificate in accordance with § 244-17. The Property Owner shall submit a detailed invoice specifying the repairs made and reflecting payment for the repairs. Upon the determination of the Village Engineer or duly authorized designee that the property is in compliance with all applicable codes and regulations, the Discharge Compliance Certificate will be issued. C. If the Property Owner fails to complete the repairs and bring the property into compliance within the time required, the Village may enter upon the property and complete the required work. The cost of doing so will be billed to the Property Owner of the property, and in the event of nonpayment, will be a lien on the property which can be collected and enforced as part of, and in the same manner as, Village taxes. Where there is more than one property being served by a Sewer Lateral, the Village may recover the costs from each owner jointly and severally. D. A Property Owner may choose to correct the noncompliance by replacing the Sanitary Sewer. Any new Sewer Lateral, whether installed to correct noncompliance or otherwise, must be installed in accordance with all applicable codes and regulations, including this section, and must be inspected by the Village Engineer, who will issue a Discharge Compliance Certificate if the new lateral complies with the requirements of this section. § 244-14 Qualifying events requiring Property Owners to obtain a Discharge Compliance Certificate. A. All Property Owners shall be responsible to satisfactorily complete televised and/or pressure testing of the Sewer Laterals and obtain a Discharge Compliance Certificate as follows: (1) Upon any sale, transfer or conveyance of the property. (2) Upon submission of any application for a special permit, site development plan, subdivision. 5102/11/704484v2 10/13/22 -5- Draft June 7, 2022 (3) Upon submission of an application for an area variance, when in connection with the performance of Substantial Work. (4) Prior to the issuance of a building permit for the performance of Substantial Work. (5) Upon the issuance of a notice from the Village pursuant to § 244-13.A. B. Exemptions. Property Owners shall not be required to complete televised and/or pressure testing of the Sewer Laterals and obtain a Discharge Compliance Certificate upon the occurrence of a Qualifying Event in the following instances: (1) When a Qualifying Event occurs with respect to the Property Owner’s parcel. The Person responsible for governing and managing the Common Interest Development shall complete televised and/or pressure testing pursuant to § 244-18. (2) Upon the transfer of a partial interest such as leasehold. (3) Upon a transfer to a beneficiary by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust. (4) Upon a transfer between persons who own a parcel of real property concurrently in the form of a tenancy in common, a joint tenancy, a partnership, a community property, or any other form of tenancy, co-ownership, or concurrent ownership. (5) Upon a transfer made by a trustor to fund or defund an inter vivos trust, or by an executor to fund a testamentary trust or where the property is sold within twelve (12) months and is not occupied by the beneficiary or family member. (6) Upon a transfer made to a person’s spouse, a domestic partner, parent, child, grandchild or grandparent. (7) Upon an application for a plumbing permit, however, the certified plumber shall submit a statement to the Village with the plumbing permit pursuant to § 244-15 certifying that there are no illegal connections on the property. (8) Upon the construction of a new principal building. C. If at the time of a Qualifying Event the Property Owner can prove that a Discharge Compliance Certificate has been issued within the preceding 5 years or the entire sewer lateral was fully replaced, from building structure to the Sewer Main, in the last 10 years, and there has been no significant change in the condition of the property, the Village Engineer or duly authorized designee may waive the requirement for a new 5102/11/704484v2 10/13/22 -6- Draft June 7, 2022 Discharge Compliance Certificate for that particular Qualifying Event. § 244-15 Plumber’s Certification A. All plumbing permit applications shall be submitted with a certification statement from a plumber licensed to do business within the County of Westchester. The plumber shall certify that they have: (1) Inspected all of the connections on the property to the Sanitary Sewer System and that all such connections comply with the requirements of the New York State Building Code, Westchester County Sewer Act, the Westchester County Sanitary Code and the Village Code; (2) Inspected the real property and found that there are no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge liquids into the Sanitary Sewer System; and (3) Inspected the Sewer Laterals leading from the structures on the property and determined that such laterals do not directly or indirectly allow inflow or infiltration therefrom into the Sewer Main. § 244-16 Requirements for projects involving a Demolition. Demolition of an existing principal structure to construct a new principal structure shall require complete removal of the existing Sewer Lateral and installation of a new Sewer Lateral. § 244-17 Discharge Compliance Certificates. A. Application for Discharge Compliance Certificate. (1) Upon completion of any required televised and/or pressure test of the Sewer Laterals or required repairs, the person who performed the test and/or the repairs shall submit to the Village Engineer or duly authorized designee an application for a Discharge Compliance Certificate confirming that the property has been tested and/or any illegal connections or defects have been eliminated, repaired, replaced or rehabilitated. The application shall specifically note and report whether there are any sump pumps on the property and, if so, shall confirm that each pump is connected to a discharge outlet that does not lead to the Sanitary Sewer System. (2) The person who performed the test or required repairs shall identify the type of 5102/11/704484v2 10/13/22 -7- Draft June 7, 2022 testing performed, submit the televised and/or pressure testing results, and verify whether the house, building or property has any roof drains, sump pump or other prohibited storm water connections, groundwater connections or other sources of Inflow or Infiltration to the Sanitary Sewer in violation of this article. For any required repairs, the Property Owner shall submit with the Discharge Compliance Certificate a detailed invoice specifying the repairs made and reflecting payment for the repairs. (3) Every application for a Discharge Compliance Certificate made pursuant to this article shall be made on forms provided by the Village. B. Testing and inspection procedures. (1) All testing and inspection procedures shall be in accordance with procedures or standards reviewed and approved by the Village Engineer or duly authorized designee. (2) Testing and inspection shall be performed by plumber licensed to do business within the County of Westchester. Deleted: , or verified in the presence of, a certified municipal inspector. The cost to the Village for hiring a municipal inspector may be funded by a fee charged to the property owner.… (3) The inspection shall be conducted using CCTV, and the Village may reject any video inspection, and order a new inspection if the video recording of the inspection is not of sufficient quality to adequately assess the condition of the lateral to the Village’s satisfaction. (4) All repair or replacement work identified by the inspection or testing as necessary to prevent Inflow and Infiltration must be completed and approved by the Village. (5) A CCTV inspection following completed of repairs or replaced is required as proof of compliance. C. Issuance of Discharge Compliance Certificate. (1) If the application for a Discharge Compliance Certificate, properly completed and filed with the Village Engineer or duly authorized designee with the designated filing fee, indicates that the property is in compliance with all applicable codes and regulations, then the Village Engineer or duly authorized designee shall issue the Discharge Compliance Certificate. (2) If the televised and/or pressure test of the Sewer Laterals reveals the existence of one or more illegal connections or defects to the Sanitary System , the Village Engineer or 5102/11/704484v2 10/13/22 -8- Draft June 7, 2022 duly authorized designee shall not issue the Discharge Compliance Certificate until the illegal connections or defects have been removed or repairs, and a qualified contractor has certified that there is no illegal connections or defects to the Sanitary Sewer System from the property. (3) Nothing in this chapter shall create a right or entitlement to a Discharge Compliance Certificate obtained by error, omission, fraud, or misrepresentation. If the Village Engineer or their designee determines a Discharge Compliance Certificate was obtained by the error, omission, fraud, or misrepresentation of any person or entity, the Village Engineer may revoke a Discharge Compliance Certificate upon thirty (30) days prior written notice. D. If an inspection is triggered by a transfer of title, and remedial work or a replacement is required for the issuance of a Discharge Compliance Certificate, the Village Engineer or duly authorized designee may permit the transfer of title to proceed without the Discharge Compliance Certificate if the transferor deposits with the Village, in a trust and agency account to be maintained by the Village Treasurer, an amount determined by the Village Engineer or duly authorized designee to be sufficient to complete the remedial work or replacement, and the transferor agrees that the work will be completed within six months and that if the work is not completed within six months, the Village may enter upon the property and complete such work using the escrowed funds. The Village Treasurer will bill to the transferor any cost to complete the work beyond the amount deposited with the Village Treasurer, and the transferor does not pay that amount, the balance due will be a lien on the property which can be collected and enforced as part of, and in the same manner as, the Village taxes. § 244-18 Requirements for Common Interest Developments. A. A Common Interest Development must conduct a televised and/or pressure test of the Sewer Laterals under its control, and obtain a Discharge Compliance Certificate in accordance with § 244-17 as follows: (1) Existing Common Interest Development. A Common Interest Development created on or before January 1, 2025, shall obtain a Discharge Compliance Certificate within six (6) months of the adoption of this article. (2) New Common Interest Development. A Common Interest Development created after January 1, 2025 must within twelve (12) months of the date it is created, obtain a Discharge Compliance Certificate. 5102/11/704484v2 10/13/22 -9- Draft June 7, 2022 (3) Increase in Responsibility. A Common Interest Development, regardless of the date it was first created, that takes any action which increases the physical extent of the Common Interest Development’s Sewer Lateral maintenance responsibility, must within six (6) months, obtain a Discharge Compliance Certificate, unless a Compliance Discharge Certificate was issued and remains valid and unexpired. (4) Decrease in Responsibility. A Common Interest Development that, regardless of the date it was first created, takes any action which decreases the physical extent of the Common Interest Development’s Sewer Lateral maintenance responsibility, must within six (6) months, obtain a Discharge Compliance Certificate, unless a Compliance Discharge Certificate was issued and remains valid and unexpired. B. A Discharge Compliance Certificate issued to a Common Interest Development shall be valid for ten (10) years, unless revoked or modified. C. A Common Interest Development must conduct a televised and/or pressure test of the Sewer Laterals and obtain a Discharge Compliance Certificate in accordance with § 244- 17 within twelve months of the expiration of the Discharge Compliance Certificate issued to the Common Interest Development. § 244-19 Waiver. A. After an inspection of the house, building or property by the Village Engineer or duly authorized designee, and upon a finding by the Village Engineer, or duly authorized designee that removal of an illegal connection or discharge to the Sanitary Sewer is not reasonably practical or possible due to the particular facts and circumstances presented, and upon the payment of a fee established by resolution of the Village Board and included in the annual Village-wide Fees and Charges Schedule, the Village Engineer or duly authorized designee may issue a waiver from the removal of the illegal connection or discharge. B. In lieu of an on-site inspection by the Village Engineer, a property owner may elect to provide a certification, designed and approved by the Village Engineer, signed by a plumber licensed to do business within the County of Westchester that removal of an illegal connection or discharge to the Sanitary Sewer is not reasonably practical or possible due to the particular facts and circumstances presented. C. Such waiver shall not be transferable to subsequent owners and shall be valid for three years from the date of its issuance. Renewal waivers may be issued upon request of the Property Owner for an additional three-year period, and its issuance shall follow the 5102/11/704484v2 10/13/22 -10- Draft June 7, 2022 same procedures as the issuance of the initial waiver. D. No waiver shall be granted if the illegal connection or discharge results in a nuisance or hazard on public rights-of-way and property owned by the Village. E. No waiver shall be issued for failure to repair a Sewer Lateral. § 244-20 Right of Entry. A. The Village Engineer or duly authorized designee is authorized to require and review lateral testing and carry out inspections within the Village for purposes of discovering or locating the Inflow of surface stormwater to the Sanitary Sewer System (whether connected directly to a Sewer Main or via an illegal connection to the Sewer Lateral). Property Owners in the Village are required to grant access to the Village Engineer or duly authorized designee or lateral testing contractor and to permit lateral testing or other testing or inspection. It shall be a violation of this Chapter to refuse to grant access to the Village Engineer or duly authorized designee and/or the lateral testing contractor for lateral testing or other testing or inspection. B. The Village Engineer or duly authorized designee may enter upon all properties at reasonable hours for the purpose of inspection, observation, measurement, sampling and testing to secure compliance or prevent a violation of any portion of this section. C. The Village Engineer or duly authorized designee shall give the Property Owner not less than three days’ written notice before Village personnel enter private property to conduct an inspection or test, unless there is an emergency threatening the public health, safety or welfare. §244-21 Search warrant. If the Village has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect the building, structure, or property, or party thereof to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Village may seek issuance of a search warrant in accordance with NY Criminal Procedure Law § 690.35. § 244-22 Fees. The fee for obtaining a Discharge Compliance Certificate shall be established by resolution of the Village Board and included in the annual Village-wide Fees and Charges Schedule. 5102/11/704484v2 10/13/22 -11- Draft June 7, 2022 § 244-23 Enforcement. A. Notice of violation. When the Village finds that a Property Owner has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation to the responsible Property Owner. Such notice may require without limitation: (1) The elimination of illegal connections or discharges; (2) The repair of a Sewer Lateral; (3) That violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (5) The performance of monitoring, analyses, and reporting; and/or (6) Payment of a fine. B. Penalties. In addition to or as an alternative to any penalty provided by law, any Property Owner who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. C. Injunctive relief. It shall be unlawful for any Property Owner to violate any provision or fail to comply with any of the requirements of this article. If a Property Owner has violated or continues to violate the provisions of this article, the Village may petition for a preliminary or permanent injunction restraining the Property Owner from activities which would create further violations or compelling the Property Owner to perform abatement or remediation of the violation. 5102/11/704484v2 10/13/22 -12- Draft June 7, 2022 D. No land use approval, building permit or certificate of occupancy shall be issued in connection with a property on which occurred any violation of this article unless and until the provisions of this article have been complied with and a Discharge Compliance Certificate has been issued. § 244-24 Violations deemed public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. § 244-25 Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. Section 2. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, Chapter 244 of the Village of Scarsdale are otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 3. Numbering for Codification It is the intention of the Village of Scarsdale and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Village of Scarsdale; that the sections and subsections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word “ Local Law” shall be changed to “ Chapter,” “ Section” or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 4. Severability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if 5102/11/704484v2 10/13/22 -13- Draft June 7, 2022 such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 5. Effective Date This local law shall take effect immediately upon filing with the Office of the Secretary of State. 5102/11/704484v2 10/13/22 -14-  LOCAL LAW SPEED LIMITS – DRAFT 9/13/22 (SEV Revised) INTRODUCTORY LOCAL LAW # OF 2022 A LOCAL LAW AMENDING CHAPTER 290 OF THE SCARSDALE VILLAGE CODE ENTITLED “VEHICLES AND TRAFFIC” Additions Deletions BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: Section 1: Purpose and Intent. It is hereby the intent of the Village of Scarsdale to reduce the Village-wide vehicular speed limit to 25 miles per hour. Section 2: Section 290-6 of the Scarsdale Village Code entitled “Speed limits” is hereby amended to read as follows: “§ 290-6 Speed limits. The maximum speed at which vehicles may proceed on or along any streets or highways within the Village is hereby established at 25 miles per hour30 miles per hour, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule II (§ 290- 53) herein shall be as indicated in said schedule. Such speed limits shall not apply to streets and highways for which speed limits are established by the state or county.” Section 3: Section 290-53 of the Scarsdale Village Code entitled “Schedule II: Speed Limits” is hereby amended to read as follows: “§ 290-53 Schedule II: Speed Limits. In accordance with the provisions of § 290-6, speed limits other than 25 miles per hour 30 miles per hour are established as indicated upon the following streets or parts of streets: Speed Limit Name of Street (mph) Location Heathcote Bypass, County Road No. 143 40 From Weaver Street to Secor Road Mamaroneck Road 30 Entire Length Griffen Avenue 30 Entire Length ”. -1-  LOCAL LAW SPEED LIMITS – DRAFT 9/13/22 (SEV Revised) Section 4: Section A319-34(H) of the Scarsdale Village Code entitled “Street Standards” is hereby amended to read as follows: “For summit and sag curves, the design speed shall not be less than 25 miles per hour 30 miles per hour, with a nonpassing sight distance of 200 feet, pursuant to standard engineering practice.” Section 5: Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such valid part or parts. Section 6: Effective Date. This local law shall take effect immediately upon filing in the Office of the Secretary of State of New York in accordance with the provisions of the Municipal Home Rule Law. 3940/004/4890-4812-2419v2 -2-