§ 53.03 SEPTIC TANK USAGE PROHIBITED; EXCEPTIONS.
   (A)   Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank cesspool, or other facility intended or used for the disposal of sewage.
   (B)   The owner of all houses, buildings or properties used for human occupancy, employment, recreation, or other purpose, situated within the town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 60 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line.
   (C)   The town Board of Aldermen may, by majority vote at a regular meeting, waive the above requirement. The requirement shall only be waived after the property owner shall make application on a form furnished by the town, at least ten days prior to the regular Board meeting. No application shall be considered by the Mayor and Board of Aldermen without compliance with the following provisions:
      (1)   The lot area shall contain a minimum of 20,000 square feet;
      (2)   The private disposal system shall comply with all applicable state and county laws and regulations;
      (3)   A visual inspection of the site shows no evidence of a past or present health menace or nuisance; and
      (4)   The Town Board reserves the right to revoke any waiver so granted at any time and to require the property owner to comply with this chapter as though no waiver had ever been granted.
   (D)   (1)   Where a public sanitary or combined sewer is not available under the provisions of division (B) above, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.
      (2)   Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Manager. The application for the permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Manager. A permit and inspection fee of $5 shall be paid to the Manager, provided that no permit shall be required until public sewers are constructed and operating in the general area of construction.
      (3)   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Manager. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Manager when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Manager.
      (4)   The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10, 000 square feet. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
      (5)   At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in division (B) above, a direct connection shall be made to the public sewer in compliance with this chapter, and ally septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
      (6)   The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town.
      (7)   No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
   (E)   All owners of residences and businesses within the town, which are presently connected to a private septic tank, shall have the right to continue to use the same and perform normal pumping operations to the same as needed. No existing septic tank or septic tank system, including any drain or field line, may be altered, expanded, or repaired once it has become defective, or dangerous to the public health and welfare of the citizens of the town, if a sewer line is located within 200 feet of the business or residence.
   (F)   All owners of residences and businesses within the town who desire to continue to use existing wells and subscribe to the town sewer system shall be required to meter the wells in order to determine and pay the fee for the amount of water being deposited in the town Wastewater Treatment Facility. These meters shall be installed in an easily accessible location for meter reading purposes.
   (G)   If any septic tank or septic tank system, existing within the town at the date of the passage of this provision, should hereafter become defective, the same may not be replaced with a new septic tank or septic tank system, if a sewer line is located within 200 feet of the subject premises.
(Ord. passed 1-7-1965; Ord. passed 4-7-1983)