2005 Vermont Code - § 1218d. — Exempt municipalities without sewage ordinances

§ 1218d. Exempt municipalities without sewage ordinances

(a) This section applies only in municipalities which are exempt under section 1218b of this title and which do not have in effect a sewage disposal ordinance under 24 V.S.A. chapter 102 or a zoning ordinance under 24 V.S.A. chapter 117 that contains sewage standards equivalent to or more strict than those recommended by the department of environmental conservation, as determined by the commissioner.

(b) Before the creation of or at the time of the creation of a single lot subdivision in a municipality to which this section applies, there shall be filed with the town clerk, together with the property transfer return, a design statement, or a waiver of development rights certificate or a municipal sewer connection approval. A person who purposely or knowingly falsifies any statement in material required under this section is punishable as established in 32 V.S.A. § 9608 for falsification of property transfer returns. The town clerk shall file the statement, waiver or approval together with the property transfer return.

(c) A design statement shall be signed under penalty of perjury by a site technician licensed by the agency of natural resources or by a licensed professional engineer whose training or experience includes the design of sewage systems. It shall contain:

(1) a statement, supported by on-site soil testing and other appropriate procedures, that there is an adequate site on each described resulting lot of less than ten acres, which is capable of supporting a sewage disposal system for a single family residence;

(2) design specifications based on current generally accepted standards intended to insure that the system will:

(A) prevent surfacing of sewage and the creation of a health hazard; and

(B) prevent the pollution or contamination of drinking water supplies, groundwater and surface water; and

(C) maintain sanitary and healthful conditions during operation.

(d)(1) A waiver of development rights certificate shall describe the affected parcel and shall be signed by the purchaser or grantee or the legal representative of the purchaser or grantee of a single lot subdivision.

(2) A waiver of development rights certificate under this section shall include the following statement:

"I will not construct or erect any structure or building on this parcel of land if the useful occupancy of that structure will require the installation of a sewage disposal system. However, I understand that this restriction does not apply if I first obtain a subdivision permit under 18 V.S.A. § 1218, a design statement under 18 V.S.A. § 1218d(c) or a municipal sewer connection approval under 18 V.S.A. § 1218e. This restriction runs with the land, and binds me and my successors in interest."

(3) A person who files a waiver under this section may later remove restrictions imposed by this section by obtaining a permit under section 1218 of this title, by filing a design statement, or by filing a municipal sewer connection approval statement. Upon such event, the town clerk shall discharge the waiver.

(4) A person who violates this section by constructing or erecting, on a parcel of land for which a waiver is in effect under this section, a structure or building, for which useful occupancy requires the installation of a sewage disposal system, shall be subject to the penalties in section 1219 of this title. Waivers under this section run with the land, and bind the purchaser or grantee and the purchaser's or grantee's successors in interest. (Added 1983, No. 117 (Adj. Sess.), § 4; amended 1987, No. 76, § 18.)