[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 11-7-1994. Amendments noted where applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
C.
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.
D.
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.[1]
[1]
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.
A.
AGRICULTURAL OPERATIONS
AUTHORIZED OFFICIAL
DRAINAGE
EROSION
EXCAVATION
FILLING
GRADING
MULCHING
SEDIMENT
SITE PREPARATION
SOIL
STRIPPING
TOPSOIL
WATERCOURSE
WETLANDS
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 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.
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.
B.
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]
A.
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.
(1)
Site preparation within wetlands.
(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 one-hundred-year floodplain
of any watercourse.
(4)
Excavation which affects more than 100 cubic yards
of material within any parcel or any one subdivision.
(5)
Stripping which affects more than one quarter acre
of ground surface within any parcel or one acre of any one subdivision.
(6)
Grading which affects more than one quarter acre of
ground surface within any parcel or one acre of any one subdivision.
(7)
Filling which exceeds a total of 300 cubic yards of
material within any parcel or any one subdivision.
B.
C.
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]
A.
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.
B.
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]
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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:
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 identified by their uses and the
roads 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)
All soil types on the site proposed for site preparation
activities.
(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
must be shown together with designated wetland boundaries where applicable.
(11)
Drainage computations of pre-site and post-site
development as per the Village Engineer's approved method of estimating
runoff.
B.
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.
C.
A time schedule which is keyed to the operations 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.
D.
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.
E.
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:
A.
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.
B.
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.
C.
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.
D.
The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
E.
The smallest practical area of land shall be exposed
by site preparation at any given time.
F.
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.
G.
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.
H.
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.
I.
Site preparation and construction shall not adversely
affect the free flow of water by encroaching on, blocking or restricting
watercourses.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
All drainage systems shall be designed to handle adequately
anticipated flows both within the site and from the entire upstream
drainage basin.
P.
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.
Q.
There shall be provided where necessary to minimize
erosion and sediment such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins.
R.
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.
A.
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:
(1)
A certified check.
(2)
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.
(3)
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.
B.
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.
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 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.
B.
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]
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 agent, either personally or by registered mail addressed
to such person at last known address, shall constitute a separate
violation.
