[Adopted 7-2-1987 by L.L. No. 2-1987. Amendments noted where applicable.]
The purpose of this article is to protect the
public health, safety and general welfare within the Town of Webster
by regulating site preparation, land development and construction
activities that include excavations, filling, grading and stripping,
in order to prevent erosion, sedimentation and/or drainage problems.
Specifically, this article is intended to:
A.
Preserve the quality
of the natural environment from adverse impacts of site preparation
and construction. These impacts include pollution of Lake Ontario
and Irondequoit Bay, creeks, streams, ponds and other bodies of water
from silt or other materials, unnecessary destruction of trees and
other vegetation, excessive exposure of soil to erosion, unnecessary
modification of natural topography or unique geologic features and
the failure to restore construction sites to an attractive and stable
natural condition.
B.
Protect people
and properties from adverse impacts of site preparation and construction.
These impacts include increased runoff, erosion of soil, deposition
of sediment, increased threat to life and property from flooding or
uncontrolled stormwaters, increased slope instability and hazards
from landslides and slumping and modifications to the groundwater
supply system that could adversely affect wells and surface water
levels.
C.
Protect the Town
of Webster and other municipal agencies from having to undertake,
at public expense, programs of repairing roads and other public facilities,
of providing flood protection and erosion control facilities and of
compensating private property owners for the destruction of properties
arising from the adverse impacts of site preparation and construction.
This article is adopted in accordance with the
provisions of Article 9 of the New York Town Law, which gives the
Town Board of the Town of Webster the authority to enact ordinances
for the purpose of promoting the health, safety and/or general welfare
of the residents of the town, including the protection and preservation
of the property of those residents.
In order that site preparation and construction
activities within the Town of Webster may be in conformance with the
provisions and regulations of this article, this article is hereby
adopted and shall be known and may be cited as the "Drainage, Erosion
and Sedimentation Control Local Law of the Town of Webster."
Upon the approval of this article by the Town
Board of the Town of Webster, all site preparation and construction
activities undertaken within the Town that require a permit under
this article shall be in conformance with the provisions set forth
herein.
Where this article imposes greater restrictions
than are imposed by the provisions of any other law, ordinance, regulation
or private agreement, this article shall control. Where greater restrictions
are imposed by any other law, ordinance, regulation or private agreement
than are imposed by this article, such greater restrictions shall
control.
The following definitions shall apply where
applicable in this chapter, unless otherwise stated or required:
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 Town Board of the Town of Webster
to administer and enforce the provisions of this article.
The gravitational movement of water or other liquids by surface
runoff, closed conduits 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.
An area that is regulated by the New York State Department
of Environmental Conservation for state-regulated wetlands and/or
the United States Army Corps of Engineers for federally regulated
wetlands.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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, other than for agricultural
purposes.
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 an area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration to support a prevalence of
vegetation typically adapted for life in saturated soil conditions,
hydrophytic vegetation. Areas of aquatic or semiaquatic vegetation
or any areas which have been designated as such on the Official Town
of Webster EPOD Maps or have been designated as Type I, Type II, Type
III or Type IV wetlands by the New York State Department of Environmental
Conservation or is identified as a Federal Wetland Environmental protection
Agency.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
None of the following
activities shall be undertaken within the Town of Webster until a
permit has been issued under the provisions of this article:
(1)
Site preparation
in the subdivision of land into two or more parcels.
(2)
Site preparation
within a wetland.
(3)
Excavation
which involves more than 500 cubic yards of material or which will
exceed four feet in vertical depth at its deepest point, as measured
from the natural ground surface, within any parcel or any contiguous
area.
(4)
Stripping
which affects more than 20,000 square feet of ground surface within
any parcel or any contiguous area.
(5)
Filling which
exceeds a total of 500 cubic yards of material or which will exceed
three feet in vertical depth at its deepest point, as measured from
the natural ground surface within any parcel or any contiguous area.
(6)
Storage of
more than 500 cubic yards of topsoil or other fill material within
any parcel or any contiguous area.
(7)
Disposal of
dredge spoils.
A.
Application. Before any site preparation, land development or construction activities that require a permit under § 146-7A of this article are undertaken within the Town of Webster, an application for such permit shall be made by the property owner or his authorized agent and shall be made to the Town Planning Board. The permit application and all application materials shall be filed with the Town Department of Public Works. Copies of the permit application shall be submitted to the Town Engineer, the Town Conservation Board and the Monroe County Soil Conservation District, which shall all submit recommendations on the application to the Town Planning Board within 30 days of the date of filing of such application.
B.
Fee. Upon the
filing of an application for a permit, the applicant shall pay to
the Town a fee as set by the Town Board by resolution. The fee shall
be deemed a reasonable sum to cover the costs of the administration
of this article and shall in no part be returnable to the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Permit review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The Town Planning Board shall have the authority to grant or deny all permits that are accompanied by a site plan application under the requirements of Chapter 350, Zoning. The Town Planning Board shall also have the authority to grant or deny all permits that are accompanied by a subdivision application requiring approval from the Town Planning Board.[1] The Commissioner of Public Works or his/her division head, agent or designee shall have the authority to grant or deny all other permits, subject to the provisions of this article. All applications shall be referred to the Conservation Board for its review and recommendations. The Town Planning Board shall conduct a public hearing on those permit applications over which it has authority in accordance with the provisions of § 269-8 of the Town of Webster Code.
(2)
When the application
for a permit made under the provisions of this article is accompanied
by an application for site plan approval, subdivision approval and/or
EPOD development permit approval, there shall be one public hearing
with the Town Planning Board to review and act on all such applications.
The Town Planning Board or the Commissioner of Public Works or his/her
division head, agent or designee shall grant or deny an application
for a permit required by this article within 60 days of the date of
filing of the application thereof, unless the applicant(s) and the
Town Planning Board consent to a time extension. In those cases where
a permit is denied, the applicant shall receive a written statement
on the reasons for denial within 10 days of the action.
(3)
The Town Conservation
Board shall have 30 days from the date of its receipt of a completed
application in which to review and report its recommendations to the
Town Planning Board or the Commissioner of Public Works or his/her
division head, agent or designee. Should the Town Conservation Board
fail to make its report within 30 days, the Commissioner of Public
Works or his/her division head, agent or designee or the Town Planning
Board may take action without such report.
D.
Permit issuance
and compliance.
(1)
The Town Planning
Board shall not approve a permit application unless it has found that
the proposed site preparation, land development or construction activities
adequately meet the standards and criteria set forth in this article
and are in harmony with the purpose of this article.
(2)
In granting
a permit, the Town Planning Board shall fix a reasonable time limit
for the termination of the permit and may attach any reasonable conditions
to such permit which it deems necessary to assure compliance with
the provisions of this article.
(3)
Major modifications
of the terms of the approved permit shall follow the same application,
review and approval procedure as those set forth in this section for
the original permit.
(4)
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 article and to submit written notification
of any violations of these terms or provisions to the Chairperson
of the Town Planning Board.
(5)
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, upon
notification of such violation by the authorized official, may revoke
the permit, and the Town may draw upon any letter of credit or guaranty
of performance provided by the applicant.
(6)
If the applicant
is unable to complete the project or any phase thereof within the
specified time period of the permit, he shall, at least 30 days prior
to the specified date of completion, present, in writing, to the Town
Planning Board a request for an extension of time, setting forth therein
the reasons for such request. The Town Planning Board shall consider
such request at the next regularly scheduled Board meeting. If, in
the discretion of the Town Planning Board, such an extension is deemed
acceptable and warranted, the Board may grant a reasonable extension
of time in order for the applicant to complete the work.
A.
A property owner
or his agent shall initiate a request for a permit or the modification
of a permit to undertake site preparation, land development or construction
activities within the Town of Webster by filing an application with
the Town Department of Public Works. All maps and plans that accompany
said application shall be prepared by and bear the seal of a licensed
engineer, architect or landscape architect.
B.
The Town Department
of Public Works shall specify the number of copies of the application
and any accompanying maps or plans that must be filed and may modify
the requirements concerning any materials to accompany the application
by waiving or adding such requirements as are deemed appropriate based
on the nature, purpose and scope of the proposed activities.
C.
Except for the
modifications authorized or required by the Town Department of Public
Works, each application for a permit required by this article shall
include the following materials and information:
(1)
An existing
feature map(s), at a scale no smaller than one inch equals 200 feet,
indicating the following:
(a)
The boundaries
of all parcels on which site preparation activities are proposed to
be undertaken.
(b)
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.
(c)
All watercourses
within a distance of 500 feet of the parcels on which site preparation
activities are proposed to be undertaken.
(d)
Existing
topography at contour intervals of no greater than five feet within
a distance of 500 feet of the parcels on which site preparation activities
are proposed to be undertaken.
(e)
All sewer,
water, gas and electric lines and all other utilities within the parcels
on which site preparation activities are proposed to be undertaken.
(f)
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.
(g)
All vegetation
areas on the site proposed for site preparation activities, including
areas of grass, areas of brush and wooded areas and tree clusters.
(h)
The depth
to bedrock on the site proposed for site preparation activities, if
determined during site evaluation.
(i)
The depth
to permanent groundwater aquifer on the site proposed for site preparation
activities, if such depth is determined during site evaluation.
(j)
The location
and present status of any previously undertaken and/or permitted excavation,
grading or filling activities on the site.
(2)
An operations
map(s), at a scale no smaller than one inch equals 200 feet, which
presents a complete draining, erosion and sediment control plan and
which indicates:
(a)
All excavation,
filing and grading proposed to be undertaken, identified as to the
depth, volume and nature of the materials involved.
(b)
All stripping,
identified as to the nature of vegetation affected.
(c)
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.
(d)
All temporary
and permanent vegetation to be placed on the site, identified as to
planting type, size and extent.
(e)
All temporary
and permanent drainage, erosion and sediment control facilities, including
but not limited to such facilities as ponds, sediment basins, drains,
culverts, berms, walls and dams, identified as to the type of facility,
the materials from which it is constructed, its dimensions and its
capacity in gallons.
(f)
The anticipated
pattern of surface drainage during periods of peak runoff, during
and after completion of site preparation and construction activities,
identified as to rate and direction of flow at all major points within
the drainage system.
(g)
The location
of all roads, driveways, sidewalks, structures, utilities and other
improvements.
(h)
The final
contours of the site in intervals no greater than two feet.
(i)
Proposed
truck and equipment accessways within and to the work site.
(3)
A time schedule
which is keyed to the operation map(s) and which indicates:
(a)
When major
phases of the proposed project are to be initiated and completed.
(b)
When major
site preparation activities are to be initiated and completed.
(c)
When the
installation of temporary and permanent vegetation and drainage, erosion
and sediment control facilities is to be completed.
(d)
The anticipated
duration, in days, of exposure of all major areas of site preparation
before the installation of erosion and sediment control measures.
(4)
An estimate
of the costs of providing temporary and permanent vegetation and drainage,
erosion and sediment control facilities.
(5)
A statement
or letter of intent from the applicant or his authorized agent outlining
the proposed project and assuming full responsibility for the performance
of the operation as stated in the application and presented on the
appropriate maps or plans.
A.
In granting a
permit under this article, the standards and criteria that shall be
utilized shall include but not be limited to the following:
(1)
Drainage,
erosion and sediment control measures and facilities shall be designed
and constructed in accordance with accepted engineering standards
and guidelines as outlined in the document Guidelines for Erosion
and Sediment Control in Urban Areas of New York State, available from
the Monroe County Soil Conservation District. The Best Management
Practices for Stormwater Runoff Management, prepared by the Irondequoit
Bay Coordinating Committee, shall also be used as a reference document.
(2)
Among the
acceptable range of options that can be utilized by a developer to
control drainage, erosion and sedimentation on the work site both
during and after project construction are those outlined and labeled
as Best Management Practices for Stormwater Runoff Management, prepared
by the Irondequoit Bay Coordinating Committee.
(3)
The applicant
shall ensure that the release rate and, if soil conditions permit,
the volume of stormwater runoff leaving a construction site will not
exceed that which occurred from the area in its undeveloped state
for intensities and durations of rainfall associated with storms having
a twenty-five-year frequency.
(4)
The applicant
must demonstrate the water quality, erosion and sedimentation impacts
on the downstream watershed for any activity requiring a permit.
(5)
Runoff with
suspended soil solids shall be retained on site for a sufficient length
of time so as to ensure that such runoff is at least 90% free of settleable
soil solids when it leaves the development site.
(6)
Excavation,
grading, filling 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 sedimentation and the threat to the health, safety
and general welfare of neighboring property owners and the general
public.
(7)
The control
of erosion and sediment shall be a continuous process undertaken prior
to, during and after site preparation and construction, to include
any grading, clearing, filling, road construction, utility construction
or building construction.
(8)
The smallest
practical area of land shall be exposed by site preparation at any
given time.
(9)
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.
(10)
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.
(11)
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 sedimentation may result.
(12)
Site preparation
and construction shall not adversely affect the free flow of water
by encroaching on, blocking or restricting watercourses.
(13)
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.
(14)
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.
(15)
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.
(16)
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.
(17)
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.
(18)
All drainage
systems shall be designed to handle adequately anticipated flows both
from within the site and from the entire upstream drainage basin.
(19)
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 avoid stagnation.
(20)
There shall
be provided, wherever necessary to minimize erosion and sediment on
the site as well as downstream, within the drainage basin such measures
as benches, berms, terraces, diversions, swales, riprap catch basins,
slope drains, sediment filters and traps and sediment, debris and
retention basins.
(21)
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.
(22)
If temporary
sediment basins are used, the detention storage shall be calculated
on the basis of the twenty-five-year frequency rainfall for the affected
area. If permanent sediment basins or storage facilities are used,
the retention volume shall be able to handle the runoff of a one-hundred-year
rainfall for any and all durations from the proposed development site.
(23)
The developer
shall be responsible for minimizing the tracking of mud onto existing
roads. Roads shall be scraped and broomed clear of mud, if at all
feasible, at the end of each working day, as required. The Town of
Webster reserves the right to include in any required guaranty of
performance or letter of credit an allowance to cover the estimated
costs of such dust and mud control activities.
(24)
The drainage
system being developed within the proposed development site shall
have the capacity to handle flows from upstream areas through the
site based on the following guidelines:
(a)
For those
major watercourses with a tributary drainage area in excess of seven
square miles, the ultimate channel shall be designed for an average
recurrence interval of 100 years.
(b)
For those
major watercourses with a tributary drainage area between seven square
miles and four square miles, the final channel shall be designed for
an average recurrence interval of 50 years.
(c)
Secondary
watercourses, defined as those with a tributary drainage area of between
one and four square miles, shall have the final channel designed for
an average recurrence interval of 25 years.
(d)
Minor
watercourses, defined as those with a tributary drainage area of one
square mile or less, shall have the final channel designed for an
average recurrence interval of 10 years.
(25)
Intermittent
(runoff event) discharges from development sites to streams shall
meet applicable federal, state and county standards relating to pollution
control.
A.
After the approval of the application and before the issuance of any permit, the applicant shall file with the Town Clerk, in an amount of the estimated cost of the project as submitted under § 146-9C(4) of this article verified by the authorized official, one of the following performance guaranties:
B.
The Chairperson
of the Town Planning Board may grant a waiver of such guaranty if
he/she deems the proposed activities to be of minor scope and to be
consistent with the provisions of this article.
C.
The party or
parties filing the performance guaranty shall provide that either
upon termination of the permit or the project activity, whichever
shall first occur, the project shall be in conformity with both the
approved specific requirements of the permit and the provisions of
this article. 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 article and of the permit have been met.
A.
If there is any
damage related to any violation of this article 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 article, 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, safety or
general welfare, notice shall be given by the most expeditious means,
and the violation shall be remedied immediately. In the event that
such violative condition(s) is not so remedied, the Town immediately
shall effect the same, and the cost thereof shall be paid to the Town
by the party who failed to so remedy and shall be a debt owed to the
town. If unpaid after a period of 30 days after notice, the same shall
become a lien upon the property owned by the applicant and shall be
collected as an assessment of property taxes at the next period of
tax collection.
B.
No structure
or improvement shall hereafter be constructed, located, extended,
converted or altered without full compliance with the terms of this
article and other applicable regulations. Violation of the provisions
of this article by failure to comply with any of its requirements,
including violations of conditions and safeguards established in connection
with conditions shall constitute a violation. Any person who violates
this article or fails to comply with any of its requirements shall,
upon conviction hereof, be fined not more than $300 for each violation,
and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the Town of Webster from taking
such other lawful action as is necessary to prevent or remedy any
violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Easements for
enclosed conduits and appurtenances. An easement not less than 20
feet in width, sufficient to contain the enclosed conduit and appurtenances
thereof and to provide working space for personnel and equipment for
the servicing thereof, shall be indicated on the map of the development
and designated as follows: "Drainage Easement to Town of Webster."
Drainage easements for enclosed conduits shall, insofar as possible,
be placed along or adjacent to lot boundary lines in a parallel and
straight alignment.
B.
Easement for
natural watercourses.
(1)
Natural major
watercourses which traverse a development shall be preserved by an
easement of sufficient width, including overbanks, which will adequately
pass the project design flows. The gross allowable depth of flow shall
not create a flood hazard to existing or proposed developments and
improvements. The channel and overbank widths, together with a minimum
twenty-foot continuous maintenanceway on each side, shall constitute
the floodway encroachment limits. Wherever such natural watercourses
are endowed with significant natural beauty and have adequate capacity
or have been determined to have value for fish and wildlife, the developer
may dedicate widths in addition to those required above on the map
of the development with the following designation: "Easement to Town
of Webster."
(2)
In natural
minor and secondary watercourses, which contain insufficient waterway
area to convey the flow from the ultimate development but which may
prove deficient only at infrequent intervals and locations, and where
minor improvement could provide an adequate channel and still preserve
in the main the natural channel beauty or fish and wildlife values,
the developer may make such minor channel improvements as are required
to provide a channel which would otherwise meet the conditions of
these regulations. However, the developer shall dedicate the full
width required to contain the ultimate channel together with a minimum
fifteen-foot-wide continuous maintenanceway on one side of the ultimate
channel. When the water surface exceeds 20 feet in width, the continuous
maintenanceway shall be 20 feet wide at each side. The outside of
the continuous maintenanceway shall constitute encroachment limits.
Additional width of scenic areas and areas of natural wetlands which,
for economic reasons or limited suitability, would not warrant improving
for urban development may be dedicated by the developer in addition
to those above. Areas offered for dedication to the Town as drainage
easements, if considered of special interest to the Town by the Planning
Board, may be considered by the Planning Board as dedication for municipal
purposes as pursuant to § 278 of the Town Law and its authority
thereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Easement for
constructed channels and appurtenances. Earth channels constructed
within the development shall have sufficient easements dedicated to
contain the top width of the channel plus a minimum fifteen-foot continuous
maintenanceway on one side thereof for channels less than 20 feet
in width at the water surface. A twenty-foot continuous maintenanceway
shall be provided on both sides of channels with a water surface width
20 feet or greater. The ultimate channel shall meet the flow requirements
for the development of the tributary drainage area. The allowable
depth of flow to pass the project design flow shall not create a flood
hazard to existing and proposed developments and improvements. A minimum
of one foot freeboard above the design hydraulic gradient shall be
provided to contain the effects of flow transmission factors. The
outside of the continuous maintenanceway shall constitute encroachment
limits. The easement for constructed channels shall be indicated on
the map of the development and designated as follows: Easement to
Town of Webster.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
