[HISTORY: Adopted by the Town Board of the Town of Wheatfield 10-16-1989
by L.L. No. 7-1989. Amendments noted where applicable.]
This chapter shall be known as the "Town of Wheatfield Drainage Structure
Local Law."
The purpose of this chapter is to promote the public health, safety
and general welfare, to protect and preserve the natural beauty and value
of property and to minimize public and private losses by regulating the design
and implementation of drainage structures.
For the purposes of this chapter, unless the context indicates otherwise,
the following terms shall have the meanings indicated:
Anything designed to enhance drainage in the Town, including but
not limited to ditches, culverts, drain tiles, retention ponds, receivers
and swales.
No person shall furnish, install or alter a drainage structure within
the physical limits of existing drainageways without a permit.
A.
No permit required by this chapter shall be issued except
upon submission of evidence satisfactory to the Highway Superintendent and
the Town Engineer and upon his or her finding and determination that the proposed
structure will not cause erosion or otherwise disturb or adversely effect
natural drainage, streams, creeks or other bodies, sources or supplies of
water, whether surface or ground, adjacent or nearby property or adjacent
or nearby fauna, flora or other vegetations.
B.
Application shall be made on forms prescribed by the
Highway Superintendent and shall be processed upon payment of such fee(s)
as shall from time to time be established by resolution of the Town Board.[1] The Highway Superintendent shall refer such application to the
Town Engineer for review and recommendation, and the application fee(s) will
include the reasonable cost of such review by the Town Engineer.
[1]
Editor's Note: A fee schedule is on file in the office of the Town
Clerk.
C.
Within 30 days of receipt of a completed application,
the Highway Superintendent shall notify the applicant that:
(1)
The permit is granted.
(2)
The permit is granted with conditions that shall specified
in the notice.
(3)
The permit is denied, specifying the basis for the denial.
(4)
That additional information is required in order to make
a determination, specifying the additional information required and stating
that a determination shall be made within 12 days of submission of such information
to the Building Inspector.
The Highway Superintendent is hereby authorized to issue a notice of
violation and/or a stop-work order to any person engaging in any activity
in violation of this chapter or in violation of any permit issued pursuant
to this chapter. Such order shall describe the activity or activities constituting
such violation(s) and the penalties therefor and may prohibit all such activities
pending review and determination by a court of appropriate jurisdiction. The
permittee shall be responsible and bear all costs for the removal and/or replacement
work as such to meet the approved design plans and Town standard specifications.
Any person who violates any provision of this chapter is guilty of an
offense punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment. Each week's continued
violation shall constitute a separate violation.
