§ 22-4. Review, approval and proposed construction of sewage disposal systems.

The following shall govern the review, approval and proposed construction of all sewage disposal systems and structures effecting sewage disposal systems in the Town of New Milford:

(a) 

Public sewers shall be extended in the sewer service areas of the New Milford Sewer Commission, whenever feasible, to facilitate correction of chronic septic system failures. New development must conform to the New Milford Sewer Commission regulations for undeveloped properties within the sewer service areas.

(b) 

Where land is being subdivided, where a new lot or parcel is being created or construction of a sewage disposal system is being proposed on an existing vacant lot or parcel, or where a potential repair area or code-complying area is being proposed to support an application for a building conversion or building addition, in accordance with the Connecticut Public Health Code Section 19-13-B100a, the following criteria shall apply:

(1) 

A percolation rate of greater than 45 minutes per inch is not acceptable for a sewage disposal system on land that is being subdivided or where a new lot is being created.

(2) 

A curtain drain or groundwater intercepting drain may be required by the Director of Health to minimize groundwater concerns in situations where there is 24 inches or less to high groundwater, mottling and/or hardpan. The construction or proposed construction of a curtain drain does not change the minimum separating distance requirement (18 inches) from the bottom of a leaching system to high groundwater, mottling and/or hardpan.

(3) 

Ledge rock shall be at least four feet below the bottom of the leaching fields. At least two feet of this separation distance must be in original ground. In situations where there is less than four feet of soil below the proposed bottom of the leaching fields, the Director of Health cannot issue approval or a permit until suitable select fill material is properly placed.

(4) 

MLSS must be calculated for all lots (or a hydraulic analysis may be performed with the results submitted for the septic proposals).

(5) 

If there is an existing residence on the property, the existing septic system and water supply shall be located on the plan, identified by examination, and demonstrated to be a functional septic system or water supply. A viable potential repair area or code-complying area for the existing residence or other structure must be identified. If it cannot be demonstrated that the existing septic system and/or water supply serving the existing residence or other structure on the property is functional and meets the standards of this Code and the Connecticut Public Health Code, then the Director of Health may require the replacement or repair of the sewage disposal system or water supply.

(c) 

For land that is being subdivided or when a new lot or parcel is being created that is being served by both an individual private well and a subsurface sewage disposal system, at least one acre (40,000 square feet) is required.

(d) 

Where § 22-4(b) is applicable and one or more of the criteria cannot be satisfied, or where the lot or parcel size requirement of § 22-4(c) cannot be satisfied, and a permit or approval is denied by the Director of Health as required, the applicant may appeal to the Health Review Panel for an exception. A recommendation for approval of the application, in accordance with the exception, shall be determined by means of an affirmative vote from the majority of the Panel. The applicant shall demonstrate the following:

(1) 

For new subdivision lots or newly created lots or parcels of less than one acre [as defined in § 22-4(c) above]:

a. 

The present availability of sewers or present availability of a public water supply or creation of a new public water supply that can and will be used to serve the subject property.

b. 

Compliance with § 22-4(b)(1) through (5).

c. 

Compliance with all other state and local sanitary code requirements;

d. 

Absence of any areas of special concern as defined in the Connecticut Public Health Code.

(2) 

When a property owner or his/her agent submits plans for construction of a subsurface sewage disposal system, the Director of Health has the authority to require a plot plan or map from a certified land surveyor showing, at a minimum, property lines and the location of all structures and other relevant features on the property.

Ord. of 9-24-2007