§ 53.096 RESIDENTIAL PERMITS.
   (A)   Applications for permits for the construction, installation, replacement, alteration, repair of, or addition to a residential sewage disposal system shall be submitted by the owner or agent of the owner upon forms provided by the Department, shall contain the information that is required by Residential Rule 410 and/or deemed necessary by the Health Officer, and shall be accompanied by the appropriate fee payable to the Department, as the fee may be established from time to time by the town.
   (B)   Construction permits for residential sewage disposal systems shall be issued by the Health Officer only upon a determination that the proposed system, or the alteration, repair of, or addition to an existing system complies with the requirements, terms, and provisions of Residential Rule 410, this subchapter and the following.
      (1)   The terms and provisions of Residential Rule 410 and State Department of Health Bulletin S.E. 11 to the contrary, notwithstanding, permits for the construction or installation of permanent privies, to include sanitary vault privies, shall not be issued.
      (2)   The terms and provisions of Residential Rule 410 to the contrary, notwithstanding, no septic tank having a capacity of fewer than 1,000 gallons, and no soil absorption system containing less than 400 lineal feet of pipe shall be installed.
      (3)   The Health Officer may specify in the construction permit any limitation, term, or condition necessary to provide a functional, easily operated, enduring residential sewage disposal system in accordance with Residential Rule 410, or to prevent a health hazard, nuisance, surface water pollution, or groundwater pollution.
      (4)   Subsurface gravity-feed residential sewage disposal systems for duplex dwellings shall be separate for each dwelling unit. For design systems, the absorption area shall be computed using the following formula for area:
150g x 1 + no. of bedrooms and bedroom equivalents
loading rate in gpd/square foot
      (5)   A construction permit shall expire on the last day of the thirty-sixth month following the month of permit issuance, unless the applicant has commenced the activity for which the permit was issued on or before the date of permit expiration; provided, a permit issued pursuant to this subchapter shall be deemed amended and supplemented to include the terms, conditions, and requirements of this subchapter and any amendments thereof, effective as of the date of commencement of the activity.
   (C)   Site approval permits for the construction of any outbuilding or the installation of any swimming pool, geothermal heat system, underground utility connection, or underground lawn sprinkler system shall be issued upon:
      (1)   Proper application of the owner or the agent of the owner on forms furnished by the Department;
      (2)   The payment of the fee established by the Town Council, from time to time; and
      (3)   A determination by the Health Officer that the proposed location of the construction or installation conforms with Residential Rule 410, and shall not damage the residential sewage disposal system or interfere with its proper operation.
(2005 Code, § 53.096) (Ord. 98-04, passed 2-17-1998)