[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.]
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.
[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.
[Amended 10-19-2010 by L.L. No. 5-2010; 12-13-2018 by L.L. No. 9-2018]
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 Engineering
and Facilities Management, who is alternately known as the Stormwater
Management Officer, or his designee.
[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.
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 Engineering
and Facilities Management. 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; 12-13-2018 by L.L. No. 9-2018]
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 Engineering and Facilities Management,
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; 12-13-2018 by L.L. No. 9-2018]
[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.
[1]
Editor's Note: Former § 128-7, Drainage Commission,
was repealed 10-19-2010 by L.L. No. 5-2010.
[Amended 10-19-2010 by L.L. No. 5-2010]
A.
The Director of the Department of Engineering and
Facilities Management, 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.
[Amended 12-13-2018 by L.L. No. 9-2018
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.
[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 Engineering and
Facilities Management, 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.
[Amended 12-13-2018 by L.L. No. 9-2018
[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.
