[HISTORY: Adopted by the Town Board of the
Town of Dover 9-29-1988 by L.L. No. 10-1988. Amendments noted where
applicable.]
It is the purpose of this chapter to protect
the public health, safety and welfare in the Town of Dover by regulating
site preparation and construction activities, including excavation,
filling, grading and stripping, so as to prevent problems related
to erosion, sediment or drainage. In relation to this purpose, this
chapter is intended to:
A.
Preserve the quality of the natural environment from
such adverse effects of site preparation and construction as:
(1)
Pollution of lakes, ponds and watercourses from silt
or other materials.
(2)
Unnecessary destruction of trees and other vegetation.
(3)
Excessive exposure of soil to erosion.
(4)
Unnecessary modification of natural topography or
unique geological features.
(5)
Failure to restore sites to an attractive natural
condition.
B.
Protect people and properties from such adverse effects
of site preparation and construction as:
C.
Protect the town and other governmental bodies from
having to undertake, at public expense, programs of repairing roads
and other public facilities, of providing flood protection facilities
and of compensating private property owners for the destruction of
properties arising from the adverse effects of site preparation and
construction.
D.
Ensure that site preparation and construction are
consistent with the Comprehensive Plan of the Town of Dover.
In accordance with Article 2, § 10
of the Municipal Home Rule Law of the State of New York, the Town
Board of the Town of Dover has the authority to enact local laws for
the purpose of promoting health, safety or general welfare of the
Town of Dover, including the protection and preservation of the property
of its inhabitants. By the same authority, the Town Board may include
in any such local law provision for the appointment of any municipal
officers or employees to effectuate and administer such local law.
In order that site preparation and construction
activities may be in conformance with the provisions of this chapter,
this chapter is hereby adopted and shall be known and may be cited
as the "Erosion and Sediment Control Law of the Town of Dover."
Upon the approval of this chapter by the Town
Board, all site preparation and construction activities requiring
a permit under this chapter shall be in conformance with the provisions
set forth herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance, regulation or private agreement
than are imposed by this chapter, such greater restrictions shall
control.
As used in this chapter, the following terms
shall have the meanings indicated:
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, including
horticultural and fruit operations.
The Code Enforcement Officer designated by the Town Board
will administer and maintain the provisions of this chapter after
consultation with the Town Engineer or the Dutchess County Soil and
Water Conservation District, if necessary.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and banks
and any area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater.
Wetlands are defined by the following soil types taken from
the Dutchess County Soil Survey Series 1939:
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Boynton gravelly silt loam
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Madalin silt loam
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Atherton silt loam
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Lyons silt loam
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Saco silty clay loam
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Whitman stony silt loam
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Muck, acid deep phase
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Tidal marsh, freshwater phase
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Stissing gravelly silt loam
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Madalin silty clay loam
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Livingston silty clay loam
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Mansfield silt loam
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Wayland silt loam
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Carlisle muck
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Muck, acid shallow phase
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A.
None of the following activities shall be commenced
until a permit has been issued under the provisions of this chapter:
(1)
Altering wetlands, which includes draining or filling.
(2)
Site preparation on slopes which exceed one foot of
vertical rise to four feet of horizontal distance (or site preparation
in areas known to be subject to severe erosion).
(3)
Site preparation within the hundred-year floodplain
of any watercourse.
(4)
Excavation which affects more than 200 cubic yards
of material within any parcel or any one subdivision.
(5)
Stripping which affects more than 1/2 acre of ground
surface within any parcel or any one subdivision.
(6)
Grading which affects more than 1/2 acre of ground
surface within any parcel or any one subdivision.
(7)
Filling which exceeds a total of 200 cubic yards of
material within any parcel or any one subdivision.
(8)
A development or subdivision of two or more units
or any development or subdivisions requiring any new street or the
extension of municipal facilities.
B.
The following activities are exempted from permit
requirements:
(3)
Accepted agricultural tillage practices.
(5)
Governmental activities, but only to the extent that
such activities are exempted by law from the provisions of this chapter.
(6)
Commercial
logging/timber harvesting shall be exempt and subject to a timber
harvesting application to be reviewed by the Town of Dover Building
Department and Town Engineer, if requested by the Town of Dover Building
Department.
[Added 4-28-2021 by L.L. No. 1-2021]
A.
Before any site preparation requiring a permit under § 65-7 of this chapter is commenced, six copies of a permit application shall have been filed with the Town Clerk and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
B.
Upon filing an application for a permit, the applicant(s) shall pay to the town a fee as provided in Chapter 73, Fees, if the permit may be required under § 65-7A(4), (6), (7) or (8) of this chapter; otherwise, the applicant(s) shall pay a fee as provided in Chapter 73, Fees. The fee shall be deemed a reasonable sum to cover the costs of administration and shall in no part be returnable to the applicant(s).
[Amended 2-11-1991 by L.L. No. 2-1991]
C.
The Town Planning Board, acting with recommendations
from the Town Engineer, Building Inspector, Superintendent of Highways
and the Conservation Advisory Commission, shall have the authority
to grant or deny all permits pursuant to this chapter.
D.
Copies of the permit application shall be submitted
to the Town Planning Board. The Town Engineer, Building Inspector,
Superintendent of Highways and the Conservation Advisory Commission
shall submit recommendations on the application to the Planning Board
within 30 days of the date of filing.
E.
The Town Planning Board may, in its discretion, conduct
public hearings on permit applications, which hearings shall be fixed
at a reasonable time and shall be given notice by a newspaper of general
circulation in the town at least 10 days prior to the date thereof.
F.
The Town Planning Board shall grant or deny all permits
within 60 days of the date of filing of the application thereof, unless
the applicant and the Town Planning Board consent to a time extension.
G.
Prior to granting a permit, the Town Planning Board
shall determine that the request is in harmony with the purpose and
standards set forth in this chapter.
H.
In granting a permit, the Town Planning Board shall
fix a reasonable time limit for the termination of the permit and
may attach any conditions which it deems necessary to assure compliance
with the provisions of this chapter. The permit shall not exceed one
year's duration.
I.
Major modifications of the terms of approved permits
shall follow the same application, review and approval procedures
as those set forth in this section for the original permit.
J.
It shall be the responsibility of the authorized official
to inspect sites as frequently as necessary to assure compliance with
the terms of approved permits and the provisions of this chapter and
to submit written notification of any violations of these terms or
provisions to the Chairman of the Town Planning Board.
K.
If, at any time during the effective period of a permit
or upon its expiration, the terms of the permit are violated, the
Town Planning Board may revoke the permit and may require that the
performance guaranty be forfeited to the town. If the applicant shall
be unable to complete the project or any phase thereof within the
specified time, he shall, 30 days prior to the specified date of completion,
present, in writing, a request for an extension of time, setting forth
therein the reasons for the request. If, in the discretion of the
Town Planning Board, such an extension is warranted, the Board may
grant additional time for the completion of the work.
A property owner(s) or his agent(s) may initiate
a request for a permit or the modification of a permit by filing six
copies of an application with the Town Clerk, who shall promptly forward
copies of the application to the Town Engineer, Town Building Inspector,
Superintendent of Highways and the Conservation Advisory Commission.
Maps and plans accompanying the application shall be prepared by a
licensed architect or engineer or by any other person approved by
the Town Engineer. The Chairman of the Town Planning Board may require
that additional copies of the application be filed with the Town Clerk
and he/she may modify the requirements concerning materials to accompany
the application by waiving or adding such requirements as he/she deems
appropriate to the nature and scope of the proposed activities. The
Chairman of the Town Planning Board may require the applicant(s) to
reconstruct application materials if they are deemed to be of insufficient
scale or quality or do not meet the standards of this section. Excepting
for modifications authorized or required by the Chairman of the Town
Planning Board, each application shall contain the following material:
A.
Existing features map(s), at a scale no smaller than
one inch equals 100 feet, indicating:
(1)
The boundaries of all parcels on which site preparation
activities are proposed to be undertaken and boundaries of all parcels
adjacent to the subject site.
(2)
All structures and roads within a distance of 500
feet of the parcel on which site preparation activities are proposed
to be undertaken. The structures shall be identified by their uses,
and the roads shall be identified by their surface material and width
of surface.
(3)
All watercourses within a distance of 500 feet of
the parcels on which site preparation activities are proposed to be
undertaken.
(4)
Existing topography at contour intervals of two feet
within a distance of 500 feet of the parcels on which site preparation
activities are proposed to be undertaken.
(5)
All sewer, water, gas and electric lines and all other
utilities within the parcels on which site preparation activities
are proposed to be undertaken.
(6)
Major wooded areas and tree clusters within a distance
of 500 feet of the parcels on which site preparation activities are
proposed to be undertaken.
(7)
All vegetation areas on the site proposed for site
preparation activities, including areas of grass, areas of brush and
wooded areas and tree clusters.
(8)
The depth to bedrock on the site proposed for site
preparation activities, if determined during site evaluation.
(9)
The depth to permanent groundwater aquifers on the
site proposed for site preparation activities, if such depth is determined
during site evaluation.
(10)
The boundary of the one-hundred-year floodplain, together
with the designated wetland boundaries, where applicable.
(11)
Drainage computations prior to site preparation and
after site preparation may be required.
B.
Development standards. All development, plus specifications
and timing schedules, including extensions of previously approved
plans, shall comply with provisions for erosion and sediment control
in accordance with standards and specifications contained in a manual
titled "Soil Erosion and Sediment Control Guidebook," published by
the Dutchess County Soil and Water Conservation District, as it may
be revised. In the event of conflict with this chapter, the provisions
herein shall prevail.
C.
Operations map(s) at a scale no smaller than one inch
equals 100 feet, which present a complete erosion and sediment control
plan and which indicate:
(1)
All excavation, filling and grading proposed to be
undertaken, identified as to the depth, volume and nature of the materials
involved.
(2)
All stripping, identified as to the nature of vegetation
affected.
(3)
All areas where topsoil is removed and stockpiled
and where topsoil is ultimately placed, identified as to the depth
of topsoil in each such area.
(4)
All temporary and permanent vegetation to be placed
on the site, identified as to planting type, size and extent.
(5)
All temporary and permanent drainage, erosion and
sediment control facilities, including such facilities as ponds and
sediment basins, identified as to the type of facility, the materials
from which it is constructed, its dimensions and its capacity in gallons.
(6)
The anticipated pattern of surface drainage during
periods of peak runoff upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major
points within the drainage system.
(7)
The location of all roads, driveways, sidewalks, structures,
utilities and other improvements.
(8)
The final contours of the site in intervals of no
greater than two feet.
D.
A time schedule which is keyed to the operation map(s),
indicating:
(1)
When major phases of the proposed project are to be
initiated and completed.
(2)
When major site preparation activities are to be initiated
and completed.
(3)
When the installation of temporary and permanent vegetation
and drainage, erosion and sediment control facilities is to be completed.
(4)
The anticipated duration, in days, of exposure of
all major areas of site preparation before the installation of erosion
and sediment control measures.
E.
An estimate of the costs of providing temporary and
permanent vegetation and drainage, erosion and sediment control facilities
shall be prepared by applicant's engineer and confirmed by the Town
Engineer.
In granting a permit under this chapter, the
standards and considerations taken into account shall include but
not be limited to the following:
A.
Excavation, filling, grading and stripping shall be
permitted to be undertaken only in such locations and in such a manner
as to minimize the potential of erosion and sediment and the threat
to the health, safety and welfare of neighboring property owners and
the general public.
B.
Site preparation and construction shall be fitted
to the vegetation, topography and other natural features of the site
and shall preserve as many of these features as feasible.
C.
The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
D.
The smallest practical area of land shall be exposed
by site preparation at any given time.
E.
The exposure of areas by site preparation shall be
kept to the shortest practical period of time prior to the construction
of structures or improvements or the restoration of the exposed areas
to an attractive natural condition.
F.
Mulching or temporary vegetation suitable to the site
shall be used where necessary to protect areas exposed by site preparation,
and permanent vegetation which is well adapted to the site shall be
installed as soon as practical.
G.
Where slopes are to be revegetated in areas exposed
by site preparation, the slopes shall not be of such steepness that
vegetation cannot be readily established or that problems of erosion
or sediment may result.
H.
Site preparation and construction shall not adversely
affect the free flow of water by encroaching on, blocking or restricting
watercourses.
I.
All fill material shall be of a composition suitable
for the ultimate use of the fill, free of rubbish and carefully restricted
in its content of brush, stumps, tree debris, rocks, frozen material
and soft or easily compressed material.
J.
Fill material shall be compacted sufficiently to prevent
problems of erosion, and, where the material is to support structures,
it shall be compacted to a minimum of 90% of standard proctor with
proper moisture control.
K.
All topsoil which is excavated from a site shall be
stockpiled and used for the restoration of the site, and such stockpiles,
where necessary, shall be seeded or otherwise treated to minimize
the effects of erosion.
L.
Prior to, during and after site preparation and construction,
as integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability and adverse
effects on neighboring property owners.
M.
The natural drainage system shall generally be preserved
in preference to modifications of this system, except where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
N.
All drainage systems shall be designed to handle adequately
anticipated flows both within the site and from the entire upstream
drainage basin.
O.
Sufficient grades and drainage facilities shall be
provided to prevent the ponding of water, unless such ponding is proposed
within site plans, in which event there shall be sufficient water
flow to maintain proposed water levels and to avoid stagnation.
P.
There shall be provided, where necessary to minimize
erosion and sediment, such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins.
Q.
Drainage systems, plantings and other erosion or sediment
control devices shall be maintained as frequently as necessary to
provide adequate protection against erosion and sediment and to ensure
that the free flow of water is not obstructed by the accumulation
of silt, debris or other material or by structural damage.
A.
After the approval of the application and before the issuance of any permit, the applicant shall file with the Town Clerk an amount of the estimated cost of the project as submitted under § 65-9E of this chapter and verified by the authorized official, one of the following performance guaranties:
B.
The Town Planning Board may grant a waiver of such
guaranty if it deems the proposed activities to be of minor scope
and to be consistent with the provisions of this chapter.
C.
The party or parties filing the performance guaranty
shall provide that, either upon termination of the permit or the operation,
whichever may come first, the project shall be in conformity with
both the approved specific requirements of the permit and the provisions
of this chapter. In the event of default of such and violation of
any other applicable laws, such performance guaranty shall be forfeited
to the town. The town shall return to the applicant any amount that
is not needed to cover the costs of restoration, administration and
any other expenses incurred by the town as a result of the applicant's
default. Such performance guaranty shall continue in full force and
effect until a certificate of compliance shall have been issued by
the authorized official after such consultation with any agencies
or individuals as he deems necessary to ensure that all provisions
of this chapter and of the permit have been met.
Where practical difficulties, unnecessary hardships
and results inconsistent with the general purpose of this chapter
or certain provisions hereof are encountered, variances may be granted
by the Town of Dover Zoning Board of Appeals.
A.
If there is any damage due to a violation of this
chapter or if any soil, liquid or other material is caused to be deposited
upon or to roll, flow or wash upon any public property, private property
or right-of-way in violation of this chapter, the person, firm, partnership,
corporation or other party responsible shall be notified and shall
cause the same to be removed from such property or way within 36 hours
of notice. In the event of an immediate danger to the public health
or safety, notice shall be given by the most expeditious means and
the violation shall be remedied immediately. In the event that it
is not so remedied, the town shall cause such and the cost of such
by the town shall be paid to the town by the party who failed to so
remedy and shall be a debt owed to the town.
B.
Any person, firm, partnership, corporation or other
party who or which violates any provision of this chapter shall be
guilty of a misdemeanor and subject to a fine of not less than $50
nor more than $200 or to imprisonment of not more than 30 days, or
both such fine and imprisonment, and, in addition, any party who violates
any of the provisions of this chapter or omits or refuses to perform
any and every act hereby required shall respectively forfeit and pay
a penalty of $50 for each and every such violation and nonperformance.
The imposition of any such penalty for the violation of this chapter
shall not excuse such violation nor permit the continuance thereof.
The application of the above penalty or penalties for a violation
of the provisions of this chapter shall not be held to prevent the
removal of conditions prohibited by this chapter by such legal means
as may be proper.
C.
Every day that a violation of any of the provisions
of this chapter continues after written notice shall have been served
upon the owner or his agent, either personally or by registered mail
addressed to such person at his last known address, shall constitute
a separate violation.
