It is the purpose of this chapter to protect
the public health, safety and welfare in the Town of Dover by regulating
site preparation and construction activities, including excavation,
filling, grading and stripping, so as to prevent problems related
to erosion, sediment or drainage. In relation to this purpose, this
chapter is intended to:
A. Preserve the quality of the natural environment from
such adverse effects of site preparation and construction as:
(1) Pollution of lakes, ponds and watercourses from silt
or other materials.
(2) Unnecessary destruction of trees and other vegetation.
(3) Excessive exposure of soil to erosion.
(4) Unnecessary modification of natural topography or
unique geological features.
(5) Failure to restore sites to an attractive natural
condition.
B. Protect people and properties from such adverse effects
of site preparation and construction as:
(1) Increased runoff, erosion and sediment.
(2) Increased threat to life and property from flooding
or stormwaters.
(3) Increased slope instability and hazards from landslides
and slumping.
(4) Modifications of the groundwater regime that adversely
affect wells and surface water levels.
C. Protect the town and other governmental bodies from
having to undertake, at public expense, programs of repairing roads
and other public facilities, of providing flood protection facilities
and of compensating private property owners for the destruction of
properties arising from the adverse effects of site preparation and
construction.
D. Ensure that site preparation and construction are
consistent with the Comprehensive Plan of the Town of Dover.
In accordance with Article 2, § 10
of the Municipal Home Rule Law of the State of New York, the Town
Board of the Town of Dover has the authority to enact local laws for
the purpose of promoting health, safety or general welfare of the
Town of Dover, including the protection and preservation of the property
of its inhabitants. By the same authority, the Town Board may include
in any such local law provision for the appointment of any municipal
officers or employees to effectuate and administer such local law.
In order that site preparation and construction
activities may be in conformance with the provisions of this chapter,
this chapter is hereby adopted and shall be known and may be cited
as the "Erosion and Sediment Control Law of the Town of Dover."
Upon the approval of this chapter by the Town
Board, all site preparation and construction activities requiring
a permit under this chapter shall be in conformance with the provisions
set forth herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance, regulation or private agreement
than are imposed by this chapter, such greater restrictions shall
control.
As used in this chapter, the following terms
shall have the meanings indicated:
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 Code Enforcement Officer designated by the Town Board
will administer and maintain the provisions of this chapter after
consultation with the Town Engineer or the Dutchess County Soil and
Water Conservation District, if necessary.
DRAINAGE
The gravitational movement of water or other liquids by surface
runoff 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.
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 any area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater.
WETLANDS
Wetlands are defined by the following soil types taken from
the Dutchess County Soil Survey Series 1939:
Boynton gravelly silt loam
|
Madalin silt loam
|
Atherton silt loam
|
Lyons silt loam
|
Saco silty clay loam
|
Whitman stony silt loam
|
Muck, acid deep phase
|
Tidal marsh, freshwater phase
|
Stissing gravelly silt loam
|
Madalin silty clay loam
|
Livingston silty clay loam
|
Mansfield silt loam
|
Wayland silt loam
|
Carlisle muck
|
Muck, acid shallow phase
|
A property owner(s) or his agent(s) may initiate
a request for a permit or the modification of a permit by filing six
copies of an application with the Town Clerk, who shall promptly forward
copies of the application to the Town Engineer, Town Building Inspector,
Superintendent of Highways and the Conservation Advisory Commission.
Maps and plans accompanying the application shall be prepared by a
licensed architect or engineer or by any other person approved by
the Town Engineer. The Chairman of the Town Planning Board may require
that additional copies of the application be filed with the Town Clerk
and he/she may modify the requirements concerning materials to accompany
the application by waiving or adding such requirements as he/she deems
appropriate to the nature and scope of the proposed activities. The
Chairman of the Town Planning Board may require the applicant(s) to
reconstruct application materials if they are deemed to be of insufficient
scale or quality or do not meet the standards of this section. Excepting
for modifications authorized or required by the Chairman of the Town
Planning Board, each application shall contain the following material:
A. Existing features map(s), at a scale no smaller than
one inch equals 100 feet, indicating:
(1) The boundaries of all parcels on which site preparation
activities are proposed to be undertaken and boundaries of all parcels
adjacent to the subject site.
(2) 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 shall be identified by their uses,
and the roads shall be identified by their surface material and width
of surface.
(3) All watercourses within a distance of 500 feet of
the parcels on which site preparation activities are proposed to be
undertaken.
(4) Existing topography at contour intervals of two feet
within a distance of 500 feet of the parcels on which site preparation
activities are proposed to be undertaken.
(5) All sewer, water, gas and electric lines and all other
utilities within the parcels on which site preparation activities
are proposed to be undertaken.
(6) 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.
(7) All vegetation areas on the site proposed for site
preparation activities, including areas of grass, areas of brush and
wooded areas and tree clusters.
(8) The depth to bedrock on the site proposed for site
preparation activities, if determined during site evaluation.
(9) The depth to permanent groundwater aquifers on the
site proposed for site preparation activities, if such depth is determined
during site evaluation.
(10) The boundary of the one-hundred-year floodplain, together
with the designated wetland boundaries, where applicable.
(11) Drainage computations prior to site preparation and
after site preparation may be required.
B. Development standards. All development, plus specifications
and timing schedules, including extensions of previously approved
plans, shall comply with provisions for erosion and sediment control
in accordance with standards and specifications contained in a manual
titled "Soil Erosion and Sediment Control Guidebook," published by
the Dutchess County Soil and Water Conservation District, as it may
be revised. In the event of conflict with this chapter, the provisions
herein shall prevail.
C. Operations map(s) at a scale no smaller than one inch
equals 100 feet, which present a complete erosion and sediment control
plan and which indicate:
(1) All excavation, filling and grading proposed to be
undertaken, identified as to the depth, volume and nature of the materials
involved.
(2) All stripping, identified as to the nature of vegetation
affected.
(3) 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.
(4) All temporary and permanent vegetation to be placed
on the site, identified as to planting type, size and extent.
(5) All temporary and permanent drainage, erosion and
sediment control facilities, including such facilities as ponds and
sediment basins, identified as to the type of facility, the materials
from which it is constructed, its dimensions and its capacity in gallons.
(6) The anticipated pattern of surface drainage during
periods of peak runoff upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major
points within the drainage system.
(7) The location of all roads, driveways, sidewalks, structures,
utilities and other improvements.
(8) The final contours of the site in intervals of no
greater than two feet.
D. A time schedule which is keyed to the operation map(s),
indicating:
(1) When major phases of the proposed project are to be
initiated and completed.
(2) When major site preparation activities are to be initiated
and completed.
(3) When the installation of temporary and permanent vegetation
and drainage, erosion and sediment control facilities is to be completed.
(4) The anticipated duration, in days, of exposure of
all major areas of site preparation before the installation of erosion
and sediment control measures.
E. An estimate of the costs of providing temporary and
permanent vegetation and drainage, erosion and sediment control facilities
shall be prepared by applicant's engineer and confirmed by the Town
Engineer.
In granting a permit under this chapter, the
standards and considerations taken into account shall include but
not be limited to the following:
A. Excavation, filling, grading 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 sediment and the threat
to the health, safety and welfare of neighboring property owners and
the general public.
B. Site preparation and construction shall be fitted
to the vegetation, topography and other natural features of the site
and shall preserve as many of these features as feasible.
C. The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
D. The smallest practical area of land shall be exposed
by site preparation at any given time.
E. 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.
F. 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.
G. 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 sediment may result.
H. Site preparation and construction shall not adversely
affect the free flow of water by encroaching on, blocking or restricting
watercourses.
I. 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 compressed material.
J. 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.
K. 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.
L. Prior to, during and after site preparation and construction,
as integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability and adverse
effects on neighboring property owners.
M. The natural drainage system shall generally be preserved
in preference to modifications of this system, except where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
N. All drainage systems shall be designed to handle adequately
anticipated flows both within the site and from the entire upstream
drainage basin.
O. 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 to avoid stagnation.
P. There shall be provided, where necessary to minimize
erosion and sediment, such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins.
Q. 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.
Where practical difficulties, unnecessary hardships
and results inconsistent with the general purpose of this chapter
or certain provisions hereof are encountered, variances may be granted
by the Town of Dover Zoning Board of Appeals.