Articles Posted in Legislation-Regulation

New home buyers of one of the 20,000 homes in Westchester County served by a private well are protected by Westchester’s Private Well Water Testing Law, which states:

§ 707.03. Water Testing Requirements Upon Sale of Real Property.

Upon the signing of a contract of sale for any property within Westchester County served by a private well, the seller of such property shall cause a water test to be conducted in the manner established, and for at least the parameters required, in this Chapter. The seller shall arrange and pay for the cost of this testing, and, within ten (10) days of the execution of the contract, provide the purchaser of the property with confirmation that the test has been ordered.

The Town of Mamaroneck in Westechester County, New York, is serious about its drainage issues. Effective July 2007, the town officials amended the Mamaroneck Code, Section 106-49, to make it illegal to occupy any building on property sold after January 1, 2006 in the unincorporated portion of the Town of Mamaroneck unless a Discharge Compliance Certificate is issued by the office of the Director of Building Code Enforcement and Land Use Administration, or its designee.

As real estate seller, you must obtain now obtain the Certificate prior to the transfer of title, but it will be valid only if the sale is completed within 60 days from the issuance of the Discharge Certificate.

The Village of Mamaroneck, which includes parts of the Towns of Rye and Mamaroneck, added Article IV (“Removal of Illegal Sewer Connections and Elimination of Illegal Discharge of Liquids”) to Chapter 282 (“Sewers”) of the Code of the Village of Mamaroneck. The Code Enforcement Officer will issue a Discharge Compliance Certificate for each apartment building and each cooperative and condominium complex in the Village, and the Certificate must be renewed every five years.

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