[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 11-7-1994. Amendments noted where applicable.]
Soil removal — See Ch. 187.
It is the purpose of this chapter to reduce insofar as possible the adverse effects of soil erosion and associated sedimentation that may occur during site preparation and development through the establishment of requirements for site grading and the protection of exposed soil surfaces. In relation to this purpose these regulations are intended to:
Preserve the quality of the natural environment from such adverse effects of site preparation and construction as: pollution of lakes, ponds and watercourses from silt or other materials; unnecessary destruction of trees and other vegetation; unnecessary modification of natural topography or unique geological features; and failure to restore sites to an attractive natural condition.
Protect people and properties from such adverse effects of site preparation and construction as increased runoff, erosion and sediment; increased threat to life and property from flooding or stormwaters; increased slope instability and hazards from land slides and slumping and modifications of the ground water regime that adversely affect wells and surface water levels.
Protect the village 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.
Ensure that site preparation and construction are consistent with any Comprehensive Plan of the village.
New York State enabling legislation under Article 12-B of the General Municipal Law and existing Village Law, authorizes the village to protect the health, safety and welfare, including those land use regulations intended to promote the most appropriate use of land throughout the municipality. By the same authority the village may include in any such provision for the appointment of any municipal officers or employees to effectuate and administer such regulations.
In order that site preparation and construction activities may be in conformance with these requirements, this chapter is hereby adopted and shall be known and may be cited as the "Erosion and Sediment Control Regulations of the Village of Flower Hill."
All site preparation and construction activities requiring a building permit shall be in conformance with the provisions set forth herein.
Editor's Note: Former § 112-5, Effective date, which immediately followed this section, was deleted 11-6-2000 by L.L. No. 3-2000.
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 these regulations, such greater restrictions shall control.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL OPERATIONS
- All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, including horticultural and fruit operations.
- AUTHORIZED OFFICIAL
- The person designated by the Village of Flower Hill to administer and maintain the provisions of this chapter.
- 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 of 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.
- SITE PREPARATION
- 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 harder 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.
- Areas of aquatic or semiaquatic vegetation, or areas listed as having hydric soils (as per USDA Soil Conservation Service 1985 publication of Hydric Soils of the United States or supplement), or any areas which have been mapped as such by the city, town or village authorities, the County Soil and Water Conservation District, the Soil Conservation Service, or the New York State Department of Environmental Conservation under the Freshwater and/or Tidal Wetlands Act.
The word "shall" is mandatory and not discretionary. The word "may" is permissive. The word "village" means the Village of Flower Hill. The words "regulation," "regulations" and "requirements" mean this document.
[Amended 12-7-2009 by L.L. No. 24-2009]
All construction, demolition and alteration projects shall be reviewed for the purposes of erosion and sediment control and, in addition to any other permits required for such projects pursuant to this or any other section of the Code, an application shall be made for a permit to ensure that any necessary erosion and sediment controls are in place prior to, and during, any such project. If the Building Inspector shall determine that the project is of such a nature that erosion and sediment controls are not necessary, the Building Inspector may issue a letter waiving a permit; however, if the nature of the project shall change, the Building Inspector may revoke the waiver and require a permit. The Building Inspector shall require such erosion and sediment controls as the Building Inspector, in his sole and absolute discretion, believes are necessary under the circumstances of each application. No work for any project for which an erosion control permit is required shall commence prior to the issuance of the permit. In addition to any other penalties that may be imposed for a violation of this section, the Building Inspector may revoke a permit issued under this section at any time if the Inspector determines that the erosion controls required under the permit have not been maintained or are inadequate for any reason. If the erosion and sediment control permit shall be revoked, all work on the project must immediately cease until a new permit shall be issued. The types of projects requiring permits shall include, but not be limited to, the projects currently listed in this section.
Site preparation within wetlands.
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).
Site preparation within the one-hundred-year floodplain of any watercourse.
Excavation which affects more than 100 cubic yards of material within any parcel or any one subdivision.
Stripping which affects more than one quarter acre of ground surface within any parcel or one acre of any one subdivision.
Grading which affects more than one quarter acre of ground surface within any parcel or one acre of any one subdivision.
Filling which exceeds a total of 300 cubic yards of material within any parcel or any one subdivision.
The following activities are exempted from permit requirements.
Governmental activities, but only to the extent that such activities are exempted from the provisions of the chapter by law.
Permit application fee. A permit application fee in the amount as set forth in Chapter A243, Fees, Charges and Deposits, shall be submitted in conjunction with all applications made in conjunction with Subsection A of this section. This application fee may be changed from time to time by Resolution of the Board of Trustees as the Board deems necessary.
[Added 4-5-2010 by L.L. No. 5-2010]
Before any site preparation requiring a permit under § 112-7 of this chapter is commenced, two copies of a permit application shall have been filed with the Village Clerk or Village Clerk-Treasurer; such application shall have been subsequently approved and a permit shall have been granted pursuant to the provisions of this chapter.
Upon filing an application for a permit, the applicant(s) shall pay to the village a fee in an amount set forth in Chapter A243, Fees, Charges and Deposits. 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 11-10-1999 by L.L. No. 3-1999]
The local permitting authority, acting with recommendations from involved and/or interested reviewing offices which may include but are not limited to Village Engineer, Building Inspector, Superintendent of Highways, Soil and Water Conservation District and the Soil Conservation Service, shall have the authority to grant or deny all permits pursuant to this chapter. Copies of the permit application shall be submitted to the Village Engineer. The Village Engineer, Building Inspector, Highways Foreman, Soil and Water Conservation District and the Soil Conservation Service shall submit recommendations on the application to the permitting authority within 30 days of receipt in respective offices.
The local permitting authority may, upon its discretion, conduct public hearings on permit applications, which hearings may be fixed to coincide with regularly scheduled Board of Trustees meetings, or at any other reasonable time, at which case, notice of such meeting shall be published in the official village newspaper at least 10 days prior to the date thereof.
The local permitting authority shall grant or deny all permits within 60 days of the date of filing of the application thereof, unless the applicant and the permitting authority consent to a time extension.
Prior to granting a permit, the permitting authority shall determine that the request is in harmony with the purpose and standards set forth in this chapter.
In granting a permit, the permitting authority 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 in duration.
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.
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 Chair of the permitting authority. The Soil and Water Conservation District and the Soil Conservation Service may be called on by the authorized official for specific site recommendations.
If at any time during the effective period of a permit or upon its expiration the terms of the permit are violated, the permitting authority may revoke the permit and may require that the performance guaranty be forfeited to the authority. If the applicant shall be unable to complete the project or any phase thereof within the specified time, the applicant 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 permitting authority such an extension is warranted, the authority may grant additional time for the completion of the work.
A property owner(s) or owner's agent(s) may initiate a request for a permit or the modification of a permit by filing with the Village Clerk or Village Clerk-Treasurer, two copies of an application, who shall promptly forward copies of the application to the Village Building Inspector, Superintendent of Highways, Soil and Water Conservation District and the Soil Conservation Service. Maps and plans accompanying the application shall be prepared by a licensed architect or engineer or by any other person approved by the permitting authority designee. The Chair of the permitting authority may require that additional copies of the application be filed with the city/town/village clerk, and may modify the requirements concerning materials to accompany the application by waiving or adding such requirements as deemed appropriate to the nature and scope of the proposed activities. The Chair of the permitting authority 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 Chair of the permitting authority, each application shall contain the following material:
Existing features map(s), at a scale no smaller than one inch equals 100 feet, indicating:
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.
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 identified by their uses and the roads identified by their surface material and width of surface.
All watercourses within a distance of 500 feet of the parcels on which site preparation activities are proposed to be undertaken.
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.
All sewer, water, gas and electric lines and all other utilities within the parcels on which site preparation activities are proposed to be undertaken.
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.
All vegetation areas on the site proposed for site preparation activities, including areas of grass, areas of brush and wooded areas and tree clusters.
All soil types on the site proposed for site preparation activities.
The depth to permanent groundwater aquifers on the site proposed for site preparation activities, if such depth is determined during site evaluation.
The boundary of the one-hundred-year floodplain must be shown together with designated wetland boundaries where applicable.
Drainage computations of pre-site and post-site development as per the Village Engineer's approved method of estimating runoff.
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:
All excavation, filling and grading proposed to be undertaken, identified as to the depth, volume and nature of the materials involved.
All stripping, identified as to the nature of vegetation affected.
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.
All temporary and permanent vegetation to be placed on the site, identified as to planting type, size and extent.
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.
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.
The location of all roads, driveways, sidewalks, structures, utilities and other improvements.
The final contours of the site in intervals of no greater than two feet.
A time schedule which is keyed to the operations map(s), indicating:
When major phases of the proposed project are to be initiated and completed.
When major site preparation activities are to be initiated and completed.
When the installation of temporary and permanent vegetation and drainage, erosion and sediment control facilities is to be completed.
The anticipated duration (in days) of exposure of all major areas of site preparation before the installation of erosion and sediment control measures.
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 permitting authority designee.
A statement or letter of intent from the applicant designating the person or persons representing the applicant who shall be responsible for implementing the erosion and sediment control plan in accordance with this chapter.
In granting a permit under this chapter, the standards and considerations taken into account shall include but not be limited to the following:
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 published by the Empire State Chapter of the Soil and Water Conservation Society. In the event of conflict with this ordinance, the provisions herein shall prevail.
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.
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.
The control of erosion and sediment shall be a continuous process undertaken as necessary prior to, during and after site preparation and construction.
The smallest practical area of land shall be exposed by site preparation at any given time.
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.
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.
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.
Site preparation and construction shall not adversely affect the free flow of water by encroaching on, blocking or restricting watercourses.
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 compressible material.
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.
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.
Prior to, during and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability and adverse effects on neighboring property owners.
The natural drainage system shall generally be preserved in preference to modifications of this system, excepting where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring property owners.
All drainage systems shall be designed to handle adequately anticipated flows both within the site and from the entire upstream drainage basin.
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.
There shall be provided where necessary to minimize erosion and sediment such measures as benches, berms, terraces, diversions and sediment, debris and retention basins.
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 insure that the free flow of water is not obstructed by the accumulation of silt, debris or other material or by structural damage.
After the approval of the application and before the issuance of any permit, the applicant shall file with the permitting authority an amount of the estimated cost of the project as submitted under § 112-9C of this chapter and verified by the authorized official, one of the following performance guarantees:
A certified check.
A performance bond which shall be satisfactory to the permitting authority and permitting authority attorney as to form, sufficiency, manner of execution, surety and period of execution.
A letter of credit from a bank approved by the permitting authority and permitting authority attorney. The permitting authority 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.
The party or parties filing the performance guaranty 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 village. The village 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 village 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 deemed necessary to insure 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 thereof are encountered, exceptions may be granted by the permitting authority.
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 it is not so remedied, the village shall cause such and the cost of such by the village shall be paid to the village by the party who failed to so remedy and shall be a debt owed to the village.
Any person, firm, partnership, corporation or other party who violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 and/or imprisonment of more than one year, 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 as required herein shall pay the statutory penalty 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.
[Amended 11-10-1999 by L.L. No. 3-1999]
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 agent, either personally or by registered mail addressed to such person at last known address, shall constitute a separate violation.