Town of Clarkstown, NY
Rockland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown 4-3-1974 by L.L. No. 2-1974 as Ch. 37 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 109.
Sewers — See Ch. 236.
Zoning — See Ch. 290.

§ 128-1 Legislative intent.

The influx of people and the development of land seriously affect the drainage pattern of a community. With the improvement of the land by buildings, paved highways and similar developments, the quantity of potential storm drainage is increased and the intensity of runoff amplified. Therefore, the danger to health, well-being and property in the Town of Clarkstown from improper drainage has become a serious problem. The Town Board of the Town of Clarkstown seeks to protect its citizens from the dangers inherent in improper drainage by regulating the use, obstruction and diversion of streams and watercourses in the Town of Clarkstown. It is the intention of the Town Board to prevent unwise diversion and obstructions of streams and watercourses and correct existing abuses which cause drainage problems.

§ 128-2 Prohibited acts.

[Amended 10-19-2010 by L.L. No. 5-2010]
A. 
Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to place, deposit or permit to be placed or deposited any debris, fill, sand, stone or other solid materials into any stream, ditch, culvert, watercourse or other drainage system in the Town of Clarkstown.
B. 
Except as hereinafter provided, it shall be unlawful for any person, firm or corporation to fill, obstruct, dam, divert or otherwise change or alter the natural flow of water through any stream, ditch, culvert, watercourse or other drainage system in the Town of Clarkstown.

§ 128-3 Correction of existing conditions.

[Amended 10-19-2010 by L.L. No. 5-2010]
Except as hereinafter provided, all existing obstructions, dams, diversions or other alterations made to the natural flow of water through any stream, ditch, culvert, watercourse or other drainage system in the Town of Clarkstown which cause the inundation of real property and/or buildings on other premises shall be removed by the owners of the premises upon which said obstructions, dams, diversions or other alterations of the natural flow are situated within a period of time as ordered by the Director of the Department of Environmental Control, who is alternately known as the Stormwater Management Officer, or his designee.

§ 128-4 Exceptions.

[Amended 10-19-2010 by L.L. No. 5-2010]
A. 
The prohibited acts and correction of existing conditions set forth in §§ 128-2 and 128-3 hereof shall have no application to work done pursuant to the authority of an agency of the Town of Clarkstown, County of Rockland, State of New York, and United States of America, except where such acts are subject to regulation under Chapter 146, Flood Damage Prevention, of this Code.
B. 
The acts set forth in § 128-2 hereof are permissible if done pursuant to the terms and conditions of a permit obtained from the Director of the Department of Environmental Control of the Town of Clarkstown.

§ 128-5 Procedure for obtaining permit.

A. 
All applicants for a permit to fill, divert, dam or in any way alter the natural flow of a stream, ditch, culvert, watercourse or other drainage system in the Town of Clarkstown shall present plans and specifications prepared by a licensed professional engineer for the proposed change to the Director of the Department of Environmental Control. The application will also be filed with the Town Clerk, who will post and advertise a thirty-day comment period. After the Director, his designee or consulting engineers acting at his discretion shall have reviewed the proposed plans and specifications, the report and recommendation shall be forwarded to the Planning Board of the Town of Clarkstown if the premises involved are within a proposed subdivision or site development plan. If the premises involved are outside a proposed subdivision or site development plan, the Director will issue or deny the permit at his discretion based on the report and recommendation and the public input after the comment period.
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
B. 
The Planning Board, if applicable, shall review the report and the proposed plans and specifications and make recommendations to the Director within 45 days. If the Director shall approve the proposed changes, he shall issue a permit therefor.
[Amended 10-19-2010 by L.L. No. 5-2010]
C. 
The applicant shall furnish a cash bond in an amount to be determined by the Director of Environmental Control, which cash bond shall be for the purpose of securing the performance of the terms and conditions of the permit and shall be held by the Town of Clarkstown for a period of one year after expiration of said permit.
[Amended 9-11-1991 by L.L. No. 6-1991]

§ 128-6 Permit fee.

[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
A nonrefundable permit fee as specified in the fee schedule as adopted and amended by the Town Board from time to time shall accompany each application submitted in accordance with this chapter.

§ 128-7 (Reserved) [1]

[1]
Editor's Note: Former § 128-7, Drainage Commission, was repealed 10-19-2010 by L.L. No. 5-2010.

§ 128-8 Duties of Stormwater Management Officer.

[Amended 10-19-2010 by L.L. No. 5-2010]
A. 
The Director of the Department of Environmental Control, alternately known as the Stormwater Management Officer, shall investigate alleged violations of the provisions of this chapter and pursue Justice Court adjudication and prosecution where warranted.
B. 
The Stormwater Management Officer shall investigate and report to the Town Board on drainage problems referred to it by the Town Board or Town officials.
C. 
The Stormwater Management Officer shall review drainage plans for new construction, outside of subdivisions, in cooperation with the Planning Board.
D. 
The Stormwater Management Officer shall coordinate Town drainage programs with drainage programs of adjacent municipalities and the County of Rockland.

§ 128-9 Penalties for offenses; corrective action.

[Amended 4-28-1976 by L.L. No. 3-1976; 10-19-2010 by L.L. No. 5-2010]
A. 
Any person, firm or corporation found to be violating any provision of this chapter shall be served with written notice stating the nature of the violation and providing a sixty-day time limit for the satisfactory correction thereof. The offender shall, within the period stated in such notice, correct or remove all violations subject to an inspection and the satisfaction of the Stormwater Management Officer.
B. 
Any person, firm or corporation continuing any offense beyond the time limit established in Subsection A above or committing an offense against any other provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. 
In the event that any person, firm or corporation shall continue any violation beyond the time limit provided for in Subsection A, and, in addition to or in lieu of Justice Court adjudication and prosecution, the Town Board may hold a public hearing with due process and notice for an order directing that Town forces or agents correct or remove the violation. All costs and expenses incurred by the Town of Clarkstown in connection with the proceedings, including the actual cost of correction or removal, shall be assessed against the real property of the offenders as a tax lien.
D. 
The Director of the Department of Environmental Control, his designees, code enforcement officials of the Town of Clarkstown and the Superintendent of Highways and his designees are authorized to enforce the provisions of this chapter.

§ 128-10 Effect on other provisions.

[Amended 10-19-2010 by L.L. No. 5-2010]
It is not intended by this chapter to repeal by implication any existing or future rules or regulations of the Rockland County Drainage Agency as they relate to county streams, pursuant to Chapter 846 of the Laws of 1975.