[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 11-20-1991
by L.L. No. 4-1991. Amendments noted where applicable.]
The purpose of this chapter is to regulate modification of natural terrain
and the alteration of drainage by providing for runoff, erosion and sediment
control measures and maintenance of artificial structures within the Town
of Putnam Valley to assure, protect and safeguard the health, safety and general
welfare.
This chapter shall be known and cited as the "Putnam Valley Soil Erosion,
Sedimentation and Grading Control Local Law."
As used in this chapter, the following definitions shall apply:
Man-made or machine-made devices to control the flow of water or
to prevent flooding, erosion or sedimentation.
The solid, undisturbed rock in place either at the ground surface
or beneath surface soil deposits.
An earth dike or ridge of compacted soil, located in such a manner
as to channel water to a desired location.
The removal of soil or rock from its natural or predevelopment location.
Any subdivision or land development or any alteration of land not
for agriculture or conservation purposes which includes earthmoving, filling
or stripping, including but not limited to road construction, utility installation,
public or private, residential, commercial or industrial facility construction,
mining and quarrying and water resource management.
Any activity by which soil or bedrock is cut into, quarried, displaced
or relocated.
An overlay district where there may be special regulations in addition
to those specified in the base district to which the overlay is applied. Such
districts are created to provide regulations for certain special aspects of
land use and development as they pertain to public safety, environmental protection
and the preservation of scenic and cultural resources.
The process by which soil and bedrock are worn away by the action
of wind, water, climate and other natural elements.
The vertical elevation of the ground surface prior to earthmoving
or filling.
A deposit of soil or other materials placed by man.
The final vertical elevation of the ground after development.
A temporary barrier of straw, hay or similar material used to intercept
sediment-laden runoff from small drainage areas of disturbed soil.
The written approval from the New York State Department of Transportation,
the Putnam County Department of Highways and Facilities or the Putnam Valley
Highway Superintendent permitting a driveway or road to enter a public highway.
The permit required to be issued by the Planning Board prior to the
disturbance of topography and vegetation of land where such disturbance will
require special control measures to prevent sedimentation and erosion.
The permit required to be issued by the Code Enforcement Officer
prior to the disturbance of topography and vegetation of land where such disturbance
is unlikely to cause sedimentation and erosion under ordinary control measures.
The ground surface in its original state before any earthmoving,
filling or stripping.
Permit required to begin any disturbance of soil pursuant to other
permits or approvals issued by federal, state, county or Town authorities,
agencies, boards or commissions.
Earth and rock in suspension in water or settled out of water as
a deposit on land or on beds of bodies of water.
The process by which sediment is deposited.
A temporary sediment control device formed by excavation and/or embankment
to intercept sediment-laden runoff and to retain the sediment.
A temporary barrier of geotextile fabric (filter cloth) used to intercept
sediment-laden runoff from small drainage areas of disturbed soil.
A method, such as a grade stabilization structure placed from the
top of a slope to the bottom of a slope, to convey surface runoff down slopes
without causing erosion.
All earth material of whatever origin that overlies bedrock.
A plan of a system of coordinated devices to prevent the dislocation
in transportation of soil during periods of earthmoving, development or stripping.
A stabilized pad of aggregate underlain with filter cloth located
at any point where traffic will be entering or leaving a construction site
to or from a public right-of-way, street, alley, sidewalk or parking area.
A plan for controlling water runoff so that it will not cause erosion,
flooding or concentrations of water runoff and for minimizing the effects
on water runoff by creating less impervious area either during the grading
process or as the result of any permanent change to the character of the natural
surface of the ground.
The removal of the natural ground surface, including vegetation and/or
topsoil.
A temporary excavated drainageway.
Bottom of existing or proposed slope.
The plants located on a site or in an area or region.
A device designed to reduce runoff velocity and effect deposition
of the transported sediment load.
Any natural or artificial swale, stream, channel, drain or culvert
in which waters flow continuously or intermittently.
A drainage area drained by a watercourse, water body or wetland.
No permit shall be required in the following instances:
A.
Agricultural and gardening operations involving an area less than 5,000 square feet and outside of any Environmental Management District as defined by Chapter 165, Zoning, or associated official maps of the Town of Putnam Valley.
B.
Any developed residential lot where all of the following
conditions are met:
(1)
The aggregate area to be stripped does not exceed 5,000
square feet or 15% of the lot, whichever is less.
(2)
The disturbed area does not lie within any Environmental Management District, as defined by Chapter 165, Zoning, or associated official maps of the Town of Putnam Valley.
(3)
The earthmoving does not involve a quantity of material
in excess of 100 cubic yards.
A.
Activities which disturb the topography or vegetation
of land which have permits as follows require a permit to commence work, which
shall be obtained from the Code Enforcement Officer before the commencement
of any such activity:
(1)
The construction of individual wells and of sewage disposal
systems causing the disturbance of any area less than 5,000 square feet, having
received approval from the Putnam County Health Department.
(2)
The construction of roads, driveways and related bonded
improvements pursuant to a subdivision plan, site development plan or a development
approval plan that has received final approval from the Putnam Valley Planning
Board and has been filed with the Putnam County Clerk or pursuant to a grading
permit issued by the Code Enforcement Officer or by the Planning Board.
(3)
An activity carried out pursuant to a wetlands permit
issued by the New York State Department of Environmental Conservation or the
Putnam Valley Planning Board.
(4)
An activity carried out pursuant to forestry practices
permit issued by the Town of Putnam Valley.
(5)
An activity carried out pursuant to a mining permit issued
by the New York State Department of Environmental Conservation or an earth
products removal permit issued by the Town of Putnam Valley.
At least two business days prior to beginning work on a project enumerated in § 155-5, the permittee shall obtain a permit to commence work from the Code Enforcement Officer, as follows:
A.
Applicant shall file a copy of approved plans and permits
with the Code Enforcement Officer.
B.
Where the proposed activity requires access from a public
highway for heavy machinery or the opening of a driveway or road from a public
highway, a highway opening permit shall be filed with the Code Enforcement
Officer with other plans and permits.
C.
Applicant shall agree in writing to whatever conditions,
in addition to those required by the terms of the permit, as may be required
by the Code Enforcement Officer to prevent erosion and sedimentation.
D.
Where the proposed activity entails disturbance of soil
and vegetation requiring a grading permit, the Code Enforcement Officer shall
notify the applicant of this requirement and shall not issue a permit to commence
work.
The following activities, which disturb the topography or vegetation of the land exceeding the thresholds listed in § 155-4, shall require a grading permit:
A.
All site work carried out pursuant to an approved subdivision
plan, site plan or development plan.
B.
All site work in conjunction with development, including
but not limited to stripping, grading, earthmoving, filling, quarrying or
mining for any purpose.
C.
Any paving, filling, stripping or changing of the existing
grade of any land, including earthmoving to open driveways for permanent or
temporary access to land.
D.
The disturbance, modification, blocking, diverting or affecting of the natural overland or subsurface flow of stormwater. In addition to a wetlands permit or wetlands permit waiver, as required by the Chapter 144, Freshwater Wetlands, of the Code of the Town of Putnam Valley, persons intending such above-mentioned activities affecting watercourses and wetlands are required to obtain a grading permit or a permit to commence work.
E.
The construction, erection or installation of any dam,
ditch, culvert, drainpipe, bridge or other structure or obstruction affecting
the drainage of any premises.
F.
Any disturbance or soil or vegetation in any Environmental
Management District.
A.
Any person proposing to engage in any activity requiring
a permit hereunder shall apply for a grading permit by written application
to the Code Enforcement Officer on a form available in the Code Enforcement
Officer's office. Such permit shall require the applicant's agreement
to comply with all requirements imposed as a condition of the granting of
the permit.
B.
The application in triplicate shall be accompanied by
three copies of the following:
(1)
A survey or plan of the property affected, sufficient
to show clearly the bound of the property showing, as a minimum, the boundaries
of the property and the specific areas of the site on which the work is to
be performed.
(2)
A completed short environmental assessment form.
(3)
A copy of the most recent deed for the property on which
the land will be disturbed.
(4)
In the case of work to be done in compliance with a valid permit as enumerated in § 155-5 of this chapter, a copy of the permit issued, together with a list of all conditions imposed by the permitting authority, if any.
(5)
In the case of work to be done which requires access
by heavy machinery from a public highway or for the development of a driveway
or roads from a public highway, a copy of a highway opening permit issued
by the appropriate authority.
(6)
Information concerning the existing and proposed features
of the site and the areas surrounding the work sufficient to enable the Code
Enforcement Officer to determine the scope and impacts of the proposed work,
as follows:
C.
Minor grading permit. Where the Code Enforcement Officer is satisfied that the proposed work will be unlikely to cause sedimentation or erosion in the absence of the extraordinary preventive measures and after payment of the permit fee by the applicant, the Code Enforcement Officer may issue a minor grading permit with such conditions as are appropriate as enumerated in § 155-10 of this chapter.
D.
Major grading permit.
(1)
If, in the opinion of the Code Enforcement Officer, the
scope or impacts of the proposed work are such that a major grading permit
is required, the Code Enforcement Officer shall refer the application to the
Planning Board. In such case, the Planning Board shall become the permitting
agency. The applicant shall present the following supporting documentation
to accompany the application to the Planning Board.
(2)
In order to provide the Planning Board with information
adequate to determine the possible impacts of the proposed action and to decide
upon control measures necessary to prevent erosion, sedimentation and other
negative impacts, the applicant shall provide seven copies of the following
documentation to describe the proposed action and the topography, vegetation,
soils, wetlands, watercourses, watersheds and natural and man-made features
of the area to be disturbed:
(a)
A plan of the site at a suitable scale of not less than
one inch equal to 50 feet and contour intervals of no more than two feet,
prepared by a surveyor licensed in the State of New York and an improvements
plan at the same scale as the topographical survey showing and describing
all changes to the site, including cuts, fills, structures, pavements, utilities,
easements and rights-of-way.
(b)
A soil erosion and sediment control plan and stormwater
management plan, prepared by a registered professional civil engineer, agronomist
or other professional qualified in hydrology. Such plans shall include permanent
stormwater management devices, features and facilities whenever the site to
be disturbed exceeds one acre or when smaller sites are environmentally sensitive
because of their slopes, their proximity to wetlands, bodies of water or watercourses
or because of unusual drainage conditions.
(c)
A time schedule indicating the following:
[1]
The anticipated starting and completion dates of the
development sequence.
[2]
The expected date of completion of construction of each
protective measure provided for in the soil erosion and sediment control plan
and the stormwater management plan.
[3]
The time of exposure of each area prior to completion
of such measures.
(d)
A long environmental assessment form.
(3)
The Planning Board shall review the applicant's
permit application, together with all required supporting documents, and may
issue a major grading permit for the proposed work enumerating all design
criteria and regulations that are required as conditions for the issuance
of the aforesaid permit.
(4)
In the event that the Planning Board has determined that
the proposed project cannot be carried out without causing erosion or sedimentation
or without mitigating other significant negative impacts and has denied the
application, it shall issue a report in writing, stating the reasons for its
decision.
E.
A separate application shall be required for each grading
permit.
The Town Board shall, by resolution, establish a schedule of fees.
A.
Minor grading permit fees. A permit fee, established
by annual resolution of the Town Board, shall be payable by the applicant
upon the issuance of a minor grading permit and shall be sufficient to defray
the costs to the Building Department of administration and inspections.
B.
Major grading permit fees.
(1)
When an application has been referred to the Planning
Board for a major grading permit, an application fee, established by annual
resolution of the Town Board, shall be paid to the Planning Board.
(2)
A public hearing fee shall be payable when called for
by the Planning Board for each public hearing required.
(3)
An engineering/inspection fee equal to 5% of the cost
of the improvements shall be payable at the time the permit is issued. However,
an engineering/inspection fee shall not be required if same is payable for
the same work for another approval or permit issued by the town.
C.
There shall be no fee for a permit to commence work.
The following criteria shall apply to the preparation of plans and the
execution of soil erosion, sedimentation and grading control plans, in accordance
with USDA Soil Conservation Service Guidelines for Urban Erosion and Sediment
Control handbook:
A.
In order to prevent accelerated erosion and resulting
sedimentation, land disturbance activities shall be conducted in conformance
with the following:
(1)
There shall be no increase in discharge of sediment or
other solid material from the site as a result of stormwater runoff.
(2)
Erosion and sedimentation devices, such as temporary
vegetation/mulch, temporary swales, temporary detention basins, diversion
terraces, rock filter berms, stabilized construction entrance, velocity dissipator,
staked hay bales or silt fences (in areas of minimum flows), appropriate to
the scale of operations shall be installed concurrent with earthmoving activities
and whenever a situation is created which would contribute to increased erosion.
(3)
Earthmoving, stripping of vegetation and the addition
of fill shall be minimized where possible and practicable to preserve desirable
natural features and the topography of the site.
(4)
Stripping of vegetation, regrading or other development
shall be done in such a way that will minimize erosion.
(5)
Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of exposure shall be kept to a practical minimum. Stockpiling of earth/topsoil for later use on the project shall be protected as stated under Subsection A(2) above.
(6)
The permanent (final) vegetative and structural erosion
control and drainage measures shall be installed as approved by the town.
(7)
Sediment in runoff water shall be trapped and removed
through means approved by the Town Planner/Engineer to assure adequate capacity
in the basins or traps.
(8)
Procedures for protecting soils or geologic structures
with water supply potential from contamination by surface water or other disruption
by construction activity shall be established in consultation with the town.
B.
Unless waived or modified by the permitting authority,
peak discharges from the site shall not exceed the before-construction peak
discharge rates from ten-year and twenty-five-year, twenty-four-hour storms.
Where there is a change in pattern of runoff and particularly where there
is a concentration of discharge flows from stormwater management basins and/or
drain pipes which has the potential for creating new or additional erosion,
the Town Planner/Engineer may require reduction of postdevelopment flows to
levels below those occurring in predevelopment conditions for any given return
storm.
C.
Storage requirements for water during construction shall be determined as provided in Subsection A above, except that before-construction peak discharge rates from ten-year and twenty-five-year, twenty-four-hour storms shall be used in the design. Allowance must be made in designs for sediment storage and sediment removal during and after construction. Temporary risers must be provided to prevent discharge of sediments from lower basin outlets.[1]
D.
In establishing the antecedent conditions for calculating
runoff prior to development, the following shall apply:
(1)
Woodland shall be used as the prior condition for those
portions of the site having trees of greater than 12 inches diameter at breast
height (DBH) (41/2 feet above ground) or where such trees existed within 18
months of application.
(2)
Meadow shall be used for all other areas, including areas
which are under cultivation and areas which are presently covered by impervious
surfaces.
(3)
Average antecedent moisture conditions.
E.
Plans for facilities other than storm sewers shall determine
stormwater peak discharges and runoff by the use of the Soil Cover Complex
Method as set forth in Urban Hydrology for Small Watersheds, Technical Release
No. 55, with specific attention given to antecedent moisture conditions, flood
routing and peak discharges specifications included therein, and Hydrology
National Engineering Handbook, Section 4, both by United States Department
of Agriculture, Soil Conservation Service. All plans for erosion and sedimentation
and stormwater management shall conform to the plan content requirements of
the New York Guidelines for Urban Erosion and Sediment Control Manual, by
USDA Soil Conservation Service.
F.
The rational method may be used in lieu of the Soil Cover
Complex Method to compute design flows for the sizing of storm sewers, inlets
and swales. For street drainage, a ten-year return storm may be used, provided
that alternate drainage paths to accommodate drainage from more severe storms
are available to carry runoff to the intended stormwater control facility
without causing erosion or damage to structures.
G.
Storm sewers, culverts, bridges and related installations
shall be provided to:
(1)
Permit unimpeded flow of natural watercourses. Such flow
may be redirected as required.
(2)
Ensure adequate drainage of all low points along the
line of streets.
(3)
Intercept stormwater runoff along streets at intervals
reasonably related to the extent and grade of the area drained and to prevent
substantial flow of water across intersections or flooding of intersections
during storms up to and including twenty-five-year return.
(4)
Ensure adequate and unimpeded flow of stormwater under
driveways in, near and across natural watercourses or drainage swales.
H.
Stormwater management basins for the control of stormwater
peak discharges shall meet the following requirements:
(1)
Basins shall be installed prior to any earthmoving or
land disturbances which they will serve. The phasing of their construction
shall be noted in the narrative and on the plan.
(2)
Where possible, stormwater management basins shall be
located on soils with a moderate to high percolation rate in order to encourage
recharge and reduce potential for stagnant water conditions. Where soils with
moderate to high percolation rates are found at higher elevations on a site,
such facilities may require incorporation into building lot layout. Drainage
easements and deed restrictions prohibiting alteration of such management
areas shall be prepared to the satisfaction of the Planning Board.
(3)
Velocity dissipators and/or level spreaders shall be
installed at points where pipes or drainageways discharge from basins. Generally,
outlet flows shall be spread across floodplains by level spreaders. The use
of low, level permanent walls of stone or concrete shall be considered in
lieu of level spreaders constructed of earth.
(4)
The following slope restrictions shall apply to basins:
(a)
Exterior slopes of compacted soil shall not exceed one
foot vertical for three horizontal.
(b)
Interior slopes of the basins shall not exceed one foot
vertical for three feet horizontal, except with the approval of the Planning
Board:
[1]
When a two-inch rainfall in one hour will not fill the
basins in one hour; or
[2]
Where concrete, stone or brick walls are steeper than
one foot vertical for three feet horizontal, in which case the basin shall
be fenced by a permanent wire fence 42 inches in height, and a ramp of durable,
nonslip materials for maintenance vehicles shall be provided for access into
the basin.
(5)
Outlet structures within basins which will control peak
discharge flows and distribute the flows by pipes to discharge areas shall
be constructed of concrete and shall have childproof, nonclogging trash racks
over all design openings exceeding 12 inches in diameter, except those openings
designed to carry perennial stream flows.
(6)
Temporary and permanent grasses or stabilization measures
shall be established on the sides of all earthen basins within 15 days of
initial construction. Their maintenance and repair shall be the direct responsibility
of the applicant during the site preparation process, prior to a formal maintenance
agreement being executed.
I.
The use of localized permanent stormwater management
facilities is encouraged in order to limit the size and location of large
surface management basins.
J.
For general site construction, except where competent
rock is encountered, no slopes steeper than two horizontal to one vertical
shall be permitted. Slopes steeper than three horizontal to one vertical shall
be peg-sodded or seeded and covered with jute matting or similar material.
Natural or existing slopes exceeding five horizontal to one vertical shall
be benched or continuously stepped into competent materials, as determined
by the Town Planner/Engineer, prior to placing all classes of fill.
K.
Fills that toe out on natural slopes steeper than four
horizontal to one vertical shall not be affected unless approved by the Town
Planner/Engineer after receipt of a report by an engineer or other professional
licensed in the State of New York, qualified in soils analysis, certifying
that he or she has investigated the property, made the soil tests and that,
in his or her opinion, such steeper slopes will safely support the proposed
fill.
L.
In connection with site grading for roads, driveways,
building areas or other site improvements, the lateral extent of cut or fill
areas shall not be more than 30 feet beyond the top of slope in fills or the
toe of slope in cuts or extend closer than 50 feet to the bank of any perennial
stream. Three feet horizontal to one vertical cut or fill slopes shall be
used to determine the extent of grading.
M.
If load-bearing fill is proposed, a soils investigation
report shall be submitted which shall consist of test borings, laboratory
testing and engineering analysis to correlate surface and subsurface conditions
with the proposed grading plan. The report shall include data regarding the
nature, distribution and supporting ability of existing soils and rocks on
the site, conclusions and recommendations to ensure stable soil conditions
and groundwater control, as applicable. The Planning Board may require such
supplemental reports and data as is deemed necessary by the Town Planner/Engineer.
N.
If requested by the Planning Board, the applicant shall
agree to the granting and recording of easements for drainage facilities,
for the maintenance of swales and for access to provide for the maintenance
of water management facilities.
O.
Before obtaining a certificate of occupancy for buildings,
building lots shall be finish graded, seeded or mulched. If it is not possible
to establish vegetation, the Planning Board shall require adequate surety
in favor of the Town in addition to extra mulching and the installation of
temporary silt fences. If vegetation is not established within six months
of the issuance of the certificate of occupancy, the Town shall use the funds
on deposit, as surety and have the work completed.
A.
All inspections shall be the responsibility of the Code
Enforcement Officer. The permittee shall notify the Code Enforcement Officer
at least two business days before any work is undertaken pursuant to an issued
permit.
B.
Inspections shall be carried out on a random basis with
the exception of the final inspection. Where required by the Code Enforcement
Officer, a set of as-built plans shall be on file at the site and in the Code
Enforcement Officer's office at all times during the course of the work
carried out pursuant to the permit.
C.
Engineering check notes shall accompany all as-built
plans which involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications as required.
D.
Major modifications of the approved application and plans
shall be submitted to the Town and processed in the same manner, including
fees, as the original application and plans.
E.
Field modifications of a minor nature may be authorized
by the Town Planner/Engineer, provided that written authorization is given
to the person performing work pursuant to this chapter.
F.
A final inspection shall be conducted by the Code Enforcement
Officer to certify compliance with this chapter. Satisfactory compliance shall
be necessary before the issuance of a certificate of compliance.
Any permit issued under this chapter may be revoked or suspended by
the Code Enforcement Officer, after notice to the permit holder for:
A.
Failure to carry out the control measures required in
the permit at the appropriate times as specified in the applicable time schedule
or within such reasonable extension as may have been granted by the Code Enforcement
Officer.
B.
Violation of any other condition of the permit.
C.
Violation of any provision of this chapter or any other
applicable law, ordinance, rule or regulation relating to the work.
D.
Existence of any condition or the doing of any act constituting
or creating a nuisance, hazard or endangering human life or the property of
others, including the discharge of sediments from the site.
E.
Material misrepresentation by the applicant or the applicant's
agent in the application or other information or supporting material supplied
to the Code Enforcement Officer, the Planning Board or any involved agency.
Every permit issued hereunder shall expire at the end of six months
from the date of issuance. The permittee shall fully perform and complete
all of the work required to be done within the time limit specified in the
permit. If the permittee shall be unable to complete the work within the specified
time, the permittee shall, within 30 working days prior to the expiration
of the permit, present in writing to the Code Enforcement Officer a request
for an extension of time, setting forth therein the reasons for the requested
extension.A. In the case of a permit to commence work or a minor grading permit,
if the Code Enforcement Officer determines that an extension is warranted,
the Code Enforcement Officer may grant such extension for a period of six
months only. No further extension may be granted without a new application
being submitted.
A.
In the case of a major grading permit, the Code Enforcement
Officer shall immediately refer a request for an extension to the Planning
Board, which may grant an extension for a period of six months only. No further
extension may be granted without a new application being submitted.
B.
Where the Code Enforcement Officer determines that site
conditions or the extension of time require substantial modification of the
soil erosion and sediment control plans previously approved as conditions
for the grading permit, the Code Enforcement Officer may add additional conditions
to the permit or recommend same to the Planning Board with the referral of
the application for an extension.
C.
Fees for a renewal of a grading permit shall be set by
resolution of the Town Board.
Before the issuance of a major grading permit, the applicant shall deposit
with the Town financial security in an amount sufficient to cover the estimated
cost of all stormwater management and erosion and sedimentation control measures
and other conditions specified in the permit within the time specified by
this chapter, or within any extension thereof granted by the Code Enforcement
Officer. The amount of such financial security shall be equal to 125% of the
estimated cost of the work for which the security is to be provided. Financial
security shall be in a form approved by the Town Attorney and acceptable to
the Town Board.
A.
If at any stage, the work does not conform to the conditions of the permit or to the approved runoff and erosion control plan, a written notice of violation shall be given to the permittee. Such notice shall set forth the nature of the corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the permit shall be considered in violation of this chapter, in which case, the financial security, if any, shall be forfeited and penalties shall be imposed under § 155-16 of this chapter.
B.
In the case of any disturbance of topography or vegetation
of land in violation of this chapter, the Town may institute any appropriate
action or proceedings to prevent such unlawful activity; to restrain, correct
or abate such violation; to prevent the use of the applicable premises; or
to prevent any illegal act, conduct, business or use in or about such premises.
C.
In addition, upon the failure of any permit holder to
complete the control measures specified as conditions of the permit, the Town
may, after revoking such permit, proceed to complete such measures itself
and recover the cost thereof from the permittee or the permittee's surety.
A.
Failure to comply with the provisions of this chapter
shall constitute a violation and shall be punishable by:
(1)
A fine not exceeding $350 or by imprisonment for a period
not exceeding 15 days, or both, for a first offense.
[Amended 11-17-2004 by L.L. No. 5-2004]
(2)
A fine not less than $350 nor more than $700 or by imprisonment
for a period not exceeding 15 days, or both, for a second offense where both
offenses have been committed within a period of five years.
[Amended 11-17-2004 by L.L. No. 5-2004]
(3)
A fine not less than $700 nor more than $1,000 or by
imprisonment for a period not exceeding 15 days, or both, for a third or subsequent
offense where three or more offenses have been committed within a period of
five years.
[Amended 11-17-2004 by L.L. No. 5-2004]
(4)
Any person who violates, disobeys or disregards any provision
of this chapter, in addition to a criminal sanction, shall be liable to the
Town of Putnam Valley for a civil penalty consistent with the costs of corrective
action.
B.
The permittee is responsible for any property damage
or personal injury caused by activities authorized by the permit. All watercourses,
drainage ditches, culvert pipes, drainpipes and drainage structures shall
be maintained free of debris or other material at all times. This obligation
shall apply not only to the permittee but also to the permittee's successors
in title to the property.
C.
Each week's continued violation shall constitute
a separate violation.
D.
The Code Enforcement Officer or Deputy Code Enforcement
Officer shall have the authority to issue an appearance ticket pursuant to
the Criminal Procedure Law (§ 150.20) in the enforcement of this
chapter.
Except as provided herein, when the provisions herein specified for
health, safety and welfare are more restrictive than other regulations, this
chapter shall control; but in any case, the most restrictive requirements
of the applicable local laws, ordinances or regulations shall apply whenever
they may be in conflict.
