[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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
[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.
