Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 6-8-1965. Sections 301-8, 301-9 and 301-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 131.
Excavations and topsoil removal — See Ch. 157.
Explosives and blasting — See Ch. 161.
Flood damage prevention — See Ch. 175.
Freshwater wetlands, water bodies and watercourses — See Ch. 179.
Subdivision of land — See Ch. 265.
Water — See Ch. 297.

§ 301-1 Permit required to fill or divert.

Pursuant to § 64, Subdivision 10-a, of the Town Law, the Town Board of the Town of Cortlandt does hereby enact this chapter to provide for control of the filling and diversion of streams and watercourses within the Town of Cortlandt, except when authorized by a state or federal agency, by requiring that any person, firm or corporation shall secure a permit from the Town Board before filling or diverting any stream or watercourse. The Town Board may, in its discretion, deny a permit if it determines that the proposed filling or diversion is detrimental in the drainage or welfare of the town.

§ 301-2 Permit application.

All applications for permits for the filling or diversion of streams and/or watercourses in the Town of Cortlandt shall be in writing, on form provided by the Town Board, and accompanied by a survey and plan prepared by an engineer duly licensed by the State of New York.

§ 301-3 Surveys.

All surveys and plans accompanying said applications shall show, in connection with the proposed work, the site location, together with necessary topographical information to review the application. Sufficient engineering information and study shall be set forth, showing existing upstream and downstream conditions which will affect the proposed work.

§ 301-4 Contents of application.

All applications for the proposed work shall include necessary runoff computations using the Rational Method, the upstream watershed area and a rainfall intensity of not less than a ten-year return frequency, together with approximate runoff coefficients to determine the size of any channel sections, pipes or waterway openings associated with such proposed diversions and/or fillings.

§ 301-5 Required plans.

Any and all proposed filling of streams or watercourses shall include plans for any and all necessary bridges, culverts, stormwater or pipe drains of any nature or description which may be required to be constructed.

§ 301-6 Denial of permit.

The Town Board may, after review of such application, in its discretion, deny the issuance of a permit if the Town Board determines that the proposed filling or diversion is detrimental to the drainage or general welfare of the town.

§ 301-7 Public hearing.

No permit shall be granted under the provisions of this chapter until after a public hearing by the Town Board called upon at least ten (10) days' notice.

§ 301-8 Construal of provisions.

[Amended 8-17-1993 by L.L. No. 2-1993]
Nothing contained in this chapter shall supersede the provisions of the Conservation Law of the State of New York or of the provisions of the Westchester County Stream Control Law, which is known as "Article III of Chapter 241 of the Westchester County Administrative Code," but shall be considered to be in addition thereto.

§ 301-9 Permit fee.

[Amended 8-17-1993 by L.L. No. 2-1993]
A fee as set by resolution of the Town Board from time to time shall accompany each application for a permit under this chapter.

§ 301-10 Applicability.

This chapter shall not apply to work shown on construction drawings and/or improvement plans for subdivisions duly approved by the Planning Board of the town.

§ 301-11 Penalties for offenses.

[Amended 8-17-1993 by L.L. No. 2-1993]
For any and every violation of the provisions of this chapter, the owner, general agent or contractor on premises where such violations have been committed shall be punishable by a fine not to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or by a civil penalty of not more than three thousand dollars ($3,000.) for each week's continued violation.