107.6.1.2 Connection not feasible or not available.

Where a public sanitary or combined sewer is not available, or where connection thereto is not feasible, the applicant shall submit:

   1.   Department of Environmental Protection or applicant certification of unavailability or non-feasibility.

      (i)   A certification issued by the Department of Environmental Protection that a public sanitary or combined sewer is not available or that connection to an available sewer is not feasible. Such certification shall be on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department) or

      (ii)   A certification submitted by the applicant to the Department of Environmental Protection that a public sanitary or combined sewer is not available or that connection thereto is not feasible, in such cases where the availability and feasibility of connection to a public sanitary or combined sewer are allowed to be certified by the applicant pursuant to the rules of such department. Such certification shall be on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department); and

   2.   On-site disposal. A proposal for the design and construction of a system for the on-site disposal of sewage conforming to the provisions of this code and other applicable laws and rules including but not limited to minimum required distances from lot lines or structures and subsoil conditions. Construction documents for such system shall be subject to the approval of the department.

107.6.2 Stormwater.

Applications for construction document approval shall include submittal documents relating to the availability and feasibility of a public combined or storm sewer or other approved method for stormwater discharge in accordance with Sections 107.6.2.1 and 107.6.2.2 for the following types of applications:

   1.   New buildings;

   2.   Alterations of buildings proposing horizontal building enlargement; and/or

   3.   Alterations that increase impervious surfaces on the tax lot.

      Exceptions:

         1.   Applications for construction document approval for the alteration of an existing one- or two-family dwelling need not include such submittal documents, where the footprint of a proposed horizontal building enlargement and any proposed increase in impervious surfaces combined is less than or equal to 200 square feet (19 m2). Construction documents shall include the amount of proposed increase in impervious area.

            1.1.   This exception shall not apply if the horizontal building enlargement and increase in impervious surface related to the current application for construction document approval and any other enlargement or increase in impervious surface made on the same tax lot after July 1, 2008 together exceed 200 square feet (19 m 2 ).

         2.   Applications for construction document approval for the alteration of a building need not include such submittal documents, where the increase in area of the footprint resulting from a proposed horizontal building enlargement and any proposed increase in impervious surfaces on a lot combined is less than or equal to 1,000 square feet (93 m2), and on-site disposal of stormwater conforming to the provisions of the applicable laws and rules as determined by the department is proposed for such enlargement and/or increase in impervious surface. Construction documents shall include the amount of proposed increase in impervious area.

            2.1.   This exception shall not apply where on-site disposal cannot be designed to conform to the provisions of the applicable laws and rules including but not limited to minimum required distances from lot lines or structures or subsoil conditions as determined by the department.

            2.2.   This exception shall not apply if the horizontal building enlargement and increase in impervious surface related to the current application for construction document approval and all other enlargements or increases in impervious surface made on the same tax lot after July 1, 2008 together exceed 1,000 square feet (93 m 2 ).

107.6.2.1 Connection feasible and available.

Where a public combined or storm sewer availability is certified by the Department of Environmental Protection or certified by an applicant in accordance with rules of such department and connection thereto is feasible, applicants shall submit:

   1.   Department of Environmental Protection certification of availability and feasibility. A sewer certification issued by the Department of Environmental Protection that a public storm or combined sewer is available and connection thereto is feasible. Applications for such certification shall be made to the Department of Environmental Protection on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department) and shall be reviewed and approved by such department in accordance with the rules of such department. Such certification may be conditioned by such department on part or all of the stormwater runoff to be disposed of through an on-site detention or retention system, or by use of alternative disposal methods including but not limited to ditches, swales or watercourses; or

   2.   Applicant certification of availability and feasibility. A certification submitted by the applicant to the Department of Environmental Protection in accordance with the rules of such department that a public storm or combined sewer is available and connection thereto is feasible, in such cases where the availability and feasibility of connection to a public storm or combined sewer are allowed to be certified by the applicant pursuant to such rules. Such certification shall be on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department).

107.6.2.2 Connection not feasible or not available.

Where a public combined or storm sewer is not available, or where connection thereto is not feasible, applicants shall submit:

   1.   Department of Environmental Protection or applicant certification of unavailability or non-feasibility. 

      (i)   Certification issued by the Department of Environmental Protection that a public storm or combined sewer is not available or that connection thereto is not feasible. Such certification shall be on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department); or

      (ii)   Certification submitted by the applicant to the Department of Environmental Protection that a public storm or combined sewer is not available or that connection thereto is not feasible, in such cases where the availability and feasibility of connection to a public storm or combined sewer are allowed to be certified by the applicant pursuant to rules of such department. Certification shall be on forms specified by such department (Department of Environmental Protection "house/site connection proposal application" or other form as specified in the rules of such department); and

   2.   On-site disposal. A proposal for the design and construction of a system for the on-site disposal of stormwater conforming to the provisions of this code and other applicable laws and rules including but not limited to minimum required distances from lot lines or structures and subsoil conditions. Construction documents for such system shall be subject to the approval of the department.

107.6.3 Post-construction stormwater management facilities.

A post-construction stormwater management facility that is constructed as a part of a covered development project shall comply with the rules of the Department of Environmental Protection and with this code.

(L.L. 2017/097, 5/30/2017, eff. 6/1/2019; Am. L.L. 2020/091, 9/27/2020, eff. 3/26/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/091.

107.7 Private sewers.

If private sewers are to be constructed pursuant to subdivision b of Section 1403 of the New York City Charter, a copy of the sewer plan shall be submitted.

107.8 Private sewage treatment plant.

If a private sewage treatment plant is to be constructed, a copy of plans approved by the Department of Health and Mental Hygiene and the Department of Environmental Protection shall be submitted.

107.9 Private stormwater or sewage disposal system.

If a private stormwater or sewage disposal system is to be installed, a site and subsoil evaluation indicating that the site and subsoil conditions comply with the applicable laws and rules shall be submitted in accordance with the provisions of Section 1705.27 of the New York City Building Code.

(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.