Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webster: Art. I, 7-1-1987 by L.L. No. 2-1987; Art. II, 7-23-1970 as L.L. No. 3-1970, amended in its entirety 7-2-1987 by L.L. No. 2-1987. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 86.
Excavations and topsoil removal — See Ch. 117.
Freshwater wetlands — See Ch. 130.
Landfilling — See Ch. 147.
Sewers — See Ch. 175.
Streets and sidewalks — See Ch. 188.
Subdivision of land — See Ch. 192.
Swimming pools — See Ch. 196.
Zoning — See Ch. 225.
[Adopted 7-2-1987 by L.L. No. 2-1987]

§ 104-1 Purpose.

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.

§ 104-2 Legislative authority.

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.

§ 104-3 Title.

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."

§ 104-4 Conformance required.

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.

§ 104-5 Prevalence of greater restrictions.

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.

§ 104-6 Definitions.

The following definitions shall apply where applicable in this chapter, unless otherwise stated or required:
AGRICULTURAL OPERATIONS
All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, including horticultural and fruit operations.
AUTHORIZED OFFICIAL
The person designated by the Town Board of the Town of Webster to administer and enforce the provisions of this Article.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff, closed conduits or subsurface flow.
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
GRADING
The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
MULCHING
The application of a layer of plant residue or other material for the purpose of effectively controlling erosion.
SEDIMENT
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.
SITE PREPARATION
The activities of stripping, excavation, filling and grading, no matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
STRIPPING
Any activity which removes or significantly disturbs trees, brush, grass or any other kind of vegetation, other than for agricultural purposes.
TOPSOIL
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.
WATERCOURSE
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.
WETLANDS
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.

§ 104-7 Activities requiring permits; exemptions.

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.
B. 
The following activities are exempted from the permit requirements of this Article:
(1) 
Activities not meeting the criteria specified in Subsection A above.
(2) 
Agricultural operations.
(3) 
Excavations for the basements and footings of single-family homes and for septic tank systems, wells and swimming pools accessory to single-family homes, except those excavations required to obtain permits under Subsection A(1) and (2) above.
(4) 
Household gardening and activities related to the maintenance of landscape features on existing developed lots, except those activities requiring permits under Subsection A(3) through (7).
(5) 
Governmental activities, but only to the extent that such activities are exempted from the provisions of this Article by law.

§ 104-8 Permit procedures.

A. 
Application. Before any site preparation, land development or construction activities that require a permit under § 104-7A 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 of $50. 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.
C. 
Permit review.
(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 the Town Zoning Ordinance.[1] 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.[2] The Commissioner of Public Works 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 § 228-7 of the Town of Webster Code.
[1]:
Editor's Note: See Ch. 225, Zoning.
[2]:
Editor's Note: See Ch. 192, Subdivision of Land.
(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 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. Should the Town Conservation Board fail to make its report within 30 days, the Commissioner of Public Works 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.

§ 104-9 Permit application.

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.

§ 104-10 Standards and criteria.

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 Storwmater 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.

§ 104-11 Performance guaranty.

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 § 104-9C(4) of this Article verified by the authorized official, one of the following performance guaranties:
(1) 
A certified check.
(2) 
A performance bond which shall be satisfactory to the Town Board and the Town Attorney as to form, sufficiency, manner of execution, surety and period of execution.
(3) 
A letter of credit from a bank approved by the Town Board and Town Attorney.
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.

§ 104-12 Remedies; penalties for offenses.

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 $100 or imprisoned for not more than 10 days, or both, 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.

§ 104-13 Easements.

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 § 281 of the Town Law and its authority thereunder.
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 greater than 20 feet. 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.
[Adopted 7-23-1970 as L.L. No. 3-1970; amended in its entirety 7-2-1987 by L.L. No. 2-1987]

§ 104-14 Purpose.

It is the determination of this Town Board, after careful study and analysis of the Flood Control and Drainage Report for the Town of Webster, dated December 1967, prepared by Charles J. Costich, P.E., and Lozier Engineers, Inc., that certain flood control projects and improvements to the stormwater drainage facilities and structures within the Town will be required over the next several years in order to protect persons and property within the Town from serious injury and damage as a result of flooding. It is the purpose of this Article to establish methods of financing part of the cost of such projects to assure that their construction will not create an undue financial burden on the present or future residents of the Town and that a fair share of the costs will be borne by those persons and properties which, by creating additional impervious area, shall contribute additional surface water runoff to the streams and culverts in the Town and thereby create or increase flooding conditions.

§ 104-15 Establishment of fund, restrictions on use.

A. 
Local Law No. 3-1970 established a Drainage Control Reserve Fund, with expenditures from such fund to be used only for specific capital improvements to drainage and flood control facilities proposed by the Flood Control and Drainage Report for the Town of Webster, dated December 1967. In November 1981, the Webster Town Board authorized a new town-wide drainage study. The November 1981 report proposed different solutions to the town's drainage problems based on change in development patterns which had occurred since 1967 and based on computer modeling techniques which had recently been developed.
B. 
Future studies of the three major drainagecourses in the Town of Webster, namely, Shipbuilder's Creek, Millcreek and Four Mile Creek, or the Irondequoit Bay Drainage Basin, may be prepared in the future as the community continues to develop. This Article provides that expenditures from the Drainage Control and Reserve Fund established in 1970 may be made for any capital improvements in these three major drainagecourses as may from time to time be proposed by the Town drainage consultant or the Town Engineer and approved by the Town Board. All such expenditures are subject to permissive referendum.

§ 104-16 Authorization of expenditure.

The authorization of any expenditure from the Drainage and Flood Control Reserve Fund shall be subject to a permissive referendum in the manner provided by Article 7 of the Town Law. An expenditure may be made from such fund only for a specific object or purpose having a period of probable usefulness of at least five years pursuant to Subdivision a of § 11.00 of the Local Finance Law of the State of New York.

§ 104-17 Drainage charge.

A drainage charge, as may be established by the Town Board from time to time, per unit of impervious area shall be levied against every parcel of land in the Town of Webster for which a building permit or site development permit is issued for the construction of a new one- or two-family residence, a new or an addition to a multiple-family residential building, a commercial or industrial building or a parking area. Such drainage charge shall be paid prior to the issuance of any building permit or site development permit and shall be deposited by the Town in the Drainage and Flood Control Reserve Fund to be used as provided herein.

§ 104-18 Units of impervious area.

A. 
The drainage charge shall be based on the number of units of impervious area which the site or building for which the permit is sought shall contain after it is fully constructed and developed in accordance with plans approved by and filed with the town.
B. 
Units of impervious area shall be assigned as follows:
(1) 
Single- and two-family residential dwellings: one unit.
(2) 
All other developments: one unit for each 3,500 square feet of impervious area within the development, excluding dedicated roads, but in no event less than one unit. The number of square feet shall be determined by the Town Engineer.