Chapter 23, WATER AND SEWERS AND SEWAGE DISPOSAL

ARTICLE I. IN GENERAL (RESERVED)

§§ 23-1 - 23-15. Reserved.

ARTICLE II. WATER (RESERVED)

§§ 23-16 - 23-25. Reserved.

ARTICLE III. SEWERS AND SEWAGE DISPOSAL

§ 23-26. Short title.

This Article shall be known as the "Sewer Use Ordinance."

§ 23-27. Definitions.

Unless the context specifically indicates otherwise or as otherwise specified in this Article, the meanings of terms used in this Article shall be as follows:

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per liter.

Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

Combined sewer shall mean a sewer receiving both surface runoff and sewage.

Garbage shall mean solid waste from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

Industrial wastes shall mean the liquid wastes from industrial manufacturing process, trade or business as distinct from sanitary sewage.

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.

Public sewer shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Sanitary sewer shall mean a sewer which carries sewage and to which storm- , surface and ground waters are not intentionally admitted.

Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground- , surface and storm waters as may be present.

Sewer shall mean a pipe or conduit for carrying sewage.

Sewerage works shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flow during normal operation.

Storm drain (sometimes termed "storm sewer") shall mean a sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Superintendent shall mean the official appointed by the Village Board of Trustees to supervise the management of sewage collection and treatment facilities in the village or his authorized deputy, agent or representative.

Suspended solids shall mean solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

The village shall mean the municipality, any sewer districts or extensions thereunder, and any and all employees or agents designated to enforce the provisions of this Article.

Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

Water pollution control plant shall mean any arrangement of devices and structures used for treating sewage; also referred to as a "sewage treatment plant."

§ 23-28. Purpose of Article.

The purpose of this Article is to protect the sewage collection and treatment facilities of the village by controlling the quantity, quality and manner of discharge of sewage in the sanitary system of property therein to whom the system is available.

§ 23-29. Required sewer connections.

The owner of any residence, building or property used for human occupancy, employment, recreation, commerce, manufacturing or other purpose situated in the village and abutting on any street, alley, easement or right-of-way in which there is a public sewer line, or to which there is otherwise available or accessible a public sewer line, is hereby required at his expense to connect such residence, building or property directly with the public sewer within thirty (30) days after official notice to do so.

§ 23-30. Privies, septic tanks and cesspools prohibited.

It shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage within the village.

§ 23-31. Unlawful deposits on public or private property.

(a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the village or in any area under the jurisdiction of the village any human or animal excrement, garbage or other objectionable waste.

(b) Nothing in this section shall be construed as prohibiting normal manure-spreading operations in agricultural or gardening areas, nor the operation of a sanitary landfill operation where such operation is performed with the approval of the Village Board of Trustees.

§ 23-32. Discharge of sewage or other polluted waters to natural outlets prohibited; exception.

It shall be unlawful for any person to discharge to any natural outlet within the village or in any area under the jurisdiction of the village any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this Article.

§ 23-33. Building sewer permit required.

It shall be unlawful for any unauthorized person to uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof in the village without first obtaining a written permit from the Superintendent or other appropriate delegated authority.

§ 23-34. Classes of building sewer permits; application; fee.

There shall be two (2) classes of building sewer permits for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application for the sewer permit. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the Village Clerk at the time the application is filed.

§ 23-35. Owners to bear costs and expense incident to installation and connection of building sewers.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

§ 23-36. Separate and independent building sewers to be provided for buildings; exception.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear of the building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

§ 23-37. When old building sewers may be used.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article.

§ 23-38. Specifications of building sewers to conform to Building and Plumbing Code.

The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.

§ 23-39. Location of building sewers; building drains.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

§ 23-40. Connecting sources of surface runoff or groundwater to building sewers or building drains which are connected to public sanitary sewers.

It shall be unlawful for any person to make connection of roof downspouts, exterior or interior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

§ 23-41. Connection of building sewers into public sewers to conform to Building and Plumbing Code.

The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the village or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

§ 23-42. Inspection and connection of building sewers to public sewers.

The applicant for the building sewer permits required by this Article shall notify the Superintendent or other delegated authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.

§ 23-43. Excavations for building sewer installation.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the village.

§ 23-44. Discharge of stormwater to sanitary sewers prohibited.

(a) It shall be unlawful for any person to discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

(b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers and storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process water may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.

§ 23-45. Unlawful discharges to public sewers; powers and duties of Superintendent relative thereto.

(a) It shall be unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides to excess of two (2) milligrams per liter as CN in the wastes as discharged to the public sewer.

(3) Any waters or wastes having a pH lower than five point five (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(b) It shall be unlawful for any person to discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb or public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Celsius (65° C.)].

(2) Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit (32° and 150° F.) [zero and sixty-five degrees Celsius (0° and 65° C.)].

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipment with a motor of three-fourths (3/4) horsepower or greater shall be subject to the review and approval of the Superintendent.

(4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.

(5) Any waters or wastes containing iron, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(8) Any waters or wastes having a pH in excess of nine point five (9.5).

(9) Materials which exert or cause:

a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

c. Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in this Article.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(c) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this section, and which, in the judgment of the village, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 23-50.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws.

§ 23-46. Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

§ 23-47. Preliminary treatment or flow-equalizing facilities.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

§ 23-48. Control manholes, meters and other appurtenances.

When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

§ 23-49. Measurements, tests and analyses of the characteristics of waters and wastes.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole had been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples.

§ 23-50. Special agreements or arrangements with industrial concerns relative to acceptance of certain wastes for treatment.

No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the village for treatment, subject to payment therefor by the industrial concern.

§ 23-51. Damaging property of sewerage works prohibited.

It shall be unlawful for any unauthorized person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 23-52. Right of entry.

(a) The Superintendent and other duly authorized employees of the village, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b) While performing the necessary work on private properties referred to in Subsection (a), the Superintendent or duly authorized employees of the village shall observe all safety rules applicable to the premises established by the company.

(c) The Superintendent and other duly authorized employees of the village, bearing proper credentials and identification, shall be permitted to enter all private properties through which the village holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewerage works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 23-53. Penalties for offenses.

(a) Any person found to be violating any provision of this Article except § 23-51 shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(b) Any person violating any provision of this Article shall be responsible in money damages for any injury to the sewer system or any expense, loss or damage caused the village by such violation. This money may be collected by civil action and obedience to the Article may also be enforced by injunction.

ARTICLE IV, . GREASE TRAPS

§ 23-54. Purpose.

The purpose of this regulation is to protect residents, businesses, and the environment within the Village of Tuckahoe from blockages of the Village's sanitary sewer system caused by grease, kitchen oils, and other substances discharged from food establishments located in the Village. (L.L. No. 2-2008)

§ 23-55. Effective date.

The effective date of this regulation is the date enacted by the Village Board of the Village of Tuckahoe.EN (L.L. No. 2-2008)

§ 23-56. Definitions.

As used in this article, the following terms shall have the meanings indicated:

Building sewer, means a pipe or pipes maintained and controlled by private persons for the purpose of conveying wastewater from the waste-producing location to the sanitary sewer collection system.

Food establishment, means a retail establishment serving prepared food or drink within an enclosed building for consumption within the building or off the premises, including, but not limited to, restaurants, lunch counters, cafes, diners, fast-food establishments, food take-out establishments, pizza parlors and luncheonettes.

Grease, means a material composed of fatty matter from animal or vegetable sources or hydrocarbons of petroleum origins. The terms "oil and grease" or "oil and grease substances" shall be deemed grease by definition.

Grease trap, means a water-tight device constructed to separate and trap or hold grease from the wastewater discharged from a food establishment in order to prevent grease from entering the sanitary sewer system, also referred to as a "grease interceptor" or "grease recovery device." The grease trap may be an internal grease trap located within the facility, an external grease trap located outside the food establishment, or both.

Warewash sink, means any sink, compartment sinks, containers, buckets, or other device or vessel in a food establishment, where utensils, dishware equipment and other items coming into contact with food are cleaned. (L.L. No. 2-2008)

§ 23-57. Installation and maintenance of traps; storage and disposal of grease.

(a) Grease trap installation. The Building Inspector may at any time require the installation and/or relocation of an internal or external grease trap at a food establishment, as he/she may deem necessary to maintain any particular building sewer pipe, any lateral sewer pipe, or sewer main pipe free from obstructions caused by grease or oil emanating from a food establishment.

(b) Food establishment. In every case where a food establishment is preparing or selling food, a suitable internal or external grease trap conforming to applicable building and plumbing codes must be installed.

(c) New or remodeled food establishments.

(1) All food establishments with a warewash sink must install an internal grease trap. New or remodeled food establishments, at the discretion of the Building Inspector, must install an external grease trap. For the purpose of this regulation, a remodeled food establishment is a food establishment that undergoes a complex renovation requiring the submittal of plans to the Village Building Department during the plan review process.

(2) External grease traps must have a minimum capacity of 1,000 gallons and shall be sized in accordance with the standards set forth in the Uniform Code of the State of New York, Grease Traps. In the absence of seating, the minimum size grease trap shall be 1,000 gallons or 100% of peak daily water use, whichever is greater, to ensure a twenty-four-hour detention time. For the purpose of this regulation, when evaluating new construction, the peak daily flow used may be established by water use records from a similar food establishment.

(d) Grease trap maintenance. All grease traps shall be maintained by the food establishment at the food establishment's expense. At a minimum, the food establishment or its designee shall inspect grease traps monthly; and shall have all grease traps cleaned before the amount of grease exceeds 25% of the grease capacity of the grease trap or once every month for internal grease traps and once every six months for external grease traps, whichever comes first. Written logs of inspections, cleaning and pumpings shall be maintained in an on-site binder readily accessible to the Building Inspector.

(e) Best management practices. Food establishments shall integrate best management practices to reduce grease discharged to the sewer system. In addition to maintenance of grease traps, best management practices include, but are not limited to:

(1) Dry-wiping pots, pans, and dishes before putting them in the dishwasher or warewash sink;

(2) Collecting and disposing of used grease through a licensed septage handler instead of pouring it down the drain;

(3) Capturing the grease in ventilation and exhaust hoods.

(f) Storage of waste grease from food preparation. All waste grease and other related wastes requiring storage at the food establishment as a result of removal from grease traps or otherwise shall be collected and stored in an appropriate container(s) (i.e., fifty-five-gallon drums or such other suitable storage containers) in an approved location at the food establishment. The container(s) shall be stored on an impervious surface such as concrete or pavement. Containers shall be either sealed or stored in a sheltered area, and maintained to prevent entry of precipitation and of animals. All waste grease and related wastes shall be removed from the food establishment only by a permitted septage handler. All grease containers and surrounding areas must be kept in a sanitary condition at all times.

(g) Disposal. All waste grease and related wastes shall be removed from the food establishment only by a permitted septage handler. All material removed from grease traps, and hauling and disposal of grease and other related waste, shall be documented in a written record. The food establishment is responsible for assuring that all waste grease and related wastes are disposed of in accordance with all federal, state, and local disposal regulations. (L.L. No. 2-2008)

§ 23-58. Inspection and recordkeeping.

(a) The Building Inspector, Code Enforcement Officer or other designee of the Building Department shall enforce the provisions of this regulation. The Building Inspector, Code Enforcement Officer or their respective designee may enter upon any premises at any reasonable time to inspect for compliance.

(b) All records pertaining to purchasing, storage and removal of grease and related products and waste products shall be retained by the food establishment on premises for no less than two years.

(c) Upon request by the Building Inspector, Code Enforcement Officer or his or her respective designee, a food establishment shall furnish all information required to enforce and monitor compliance with this regulation, including, but not limited to, a complete inventory of all food and maintenance related products that are purchased by the food establishment, receipts from permitted septage handler retained to remove waste grease or related wastes from the food establishment.

(d) Refusal to provide reasonable cooperation and access shall constitute a violation of these regulations subject to enforcement as set forth below. (L.L. No. 2-2008)

§ 23-59. Enforcement.

(a) Notice. The Building Inspector or Code Enforcement Officer may serve upon any person in violation of this regulation a written notice stating the substance of the violation. Within 30 days of the date of such notice, a plan for correction of the violation shall be submitted to the Building Inspector. Failure to correct violations of any provision of this regulation may result in enforcement and/or penalties as set forth below.

(b) Local enforcement.

(1) This regulation may be enforced by the Building Inspector or Code Enforcement Officer of the Village, or his or her respective designee.

(2) Whoever violates any provision of this regulation may be penalized by the Building Inspector and/or Code Enforcement Officer of the Village. Any person who violates any provision of this article shall be subject to a penalty in the amount of $500 per day for each day of violation, commencing 10 days following the day of receipt of written notice from the Village Building Department. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

(c) Other. The Building Inspector or Code Enforcement Officer, or his or her respective designee, may enforce this regulation or enjoin violations thereof through any lawful process, and the election of one remedy by the Building Inspector or Code Enforcement Officer, or his or her respective designee, shall not preclude enforcement through any other lawful means. (L.L. No. 2-2008)

§ 23-60. Variances.

(a) The Village Board may grant a variance or exemption from any provision of these regulations when, in its opinion, the applicant for the variance has established that:

(1) Enforcement of the provision of this regulation from which a variance is sought would be manifestly unjust, considering all the relevant facts and circumstances; and

(b) Requests for variances from this regulation must be submitted in writing to the Village Board. Applicants for variances shall be afforded the opportunity to appear in person, including any representatives and experts, at a duly noticed, public hearing held by the Village Board to consider the variance request. Information on food preparation, grease, oil and related waste produced by or discharged from the food establishment, size of the proposed grease trap, facility use, facility layout, plumbing plans and other relevant documents must be presented for review. Wastewater calculations, prepared by a licensed plumber, architect or engineer, may be presented to establish grounds for a variance. (L.L. No. 2-2008)