This chapter shall be known and cited as the
"Erosion and Sediment Control Law" of the Village of Rye Brook.
This chapter is enacted pursuant to the authority
of the Village of Rye Brook to promote the public health, safety,
and general welfare of its citizenry under New York State Municipal
Home Rule Law, § 10, and New York Environmental Conservation
Law, Article 36, and other applicable provisions of state and federal
law.
Unless specifically defined below, words and phrases used in this chapter shall be interpreted to have the meaning they have in common English usage, to give effect to the purpose set forth in §
118-3B and to provide reasonable application of this chapter.
ADDITION
Any work on an existing structure that changes the external
dimensions of such structure.
APPEAL
A request for a review of the Superintendent of Public Works/Village
Engineer's interpretation of any provision of this chapter or a request
for a variance.
[Amended 10-27-2020 by L.L. No. 9-2020]
BEST MANAGEMENT PRACTICES
Procedures and measures pertaining to construction activities,
which are intended to minimize water pollution, retain valuable topsoil,
and prevent erosion and sedimentation, and include, but are not limited
to, those practices contained in the Westchester County Best Management
Practices Manual and the NYSDEC Division of Water Technical and Operations
Guidance Series Nos. 5.1.8 and 5.1.10.
BEST MANAGEMENT PRACTICES MANUAL
A series of manuals, prepared, published, and occasionally
amended by Westchester County and/or the NYSDEC, consisting of various
volumes on best management practices for certain described activities,
and, specifically, the volume for "Construction Related Activities."
BUILDING PERMIT
A permit issued by the Building Inspector for the construction,
erection, and alteration of a structure or building.
CERTIFICATION
Formal attestation that the specific inspections and tests,
where required, have been performed, and that such tests comply with
the applicable requirements of this chapter.
CUBIC YARDS
The amount of material in excavation and/or fill measured
by the method of "average and areas."
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, removal of vegetation, excavation,
blasting, or drilling operations.
DEVELOPMENT PERMIT
Any permit, grant, or license issued by the Village, including,
but not limited to, building, grading, clearing, demolition, wetlands,
steep slope, and excavation permits, and subdivision and site plan
approvals.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans, with seal affixed, prepared by a New York
State licensed engineer, architect or landscape architect, indicating
the specific measures and sequencing to be used in controlling sediment
and erosion on a development site both during and after construction.
EXCAVATION
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, or bulldozed, and shall include the conditions
resulting therefrom.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
FILL
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
FINAL GRADE
The vertical location of the ground or pavement surface after
the grading work is completed and in accordance with the site development
plan.
GRADING
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
LAND-DISTURBING ACTIVITY
Any land change which may result in soil erosion from water
or wind and the movement of soil into waters or onto lands, or increased
runoff of waters, including, but not limited to, actions such as clearing,
grading, excavating, transporting, and filling of land.
LICENSED PROFESSIONAL
An engineer, architect or landscape architect licensed to
practice in the State of New York and retained by the owner of a property
when applying for a development permit.
NATURAL DRAINAGE
Channels formed in the existing surface topography of the
earth prior to changes made by unnatural causes.
PARCEL
All contiguous land under one ownership.
PERMANENT VEGETATION
Ground cover mature enough to control soil erosion satisfactorily
and to survive a storm event of ten-year frequency or less.
PERMITTEE
Any person to whom a site development permit is issued.
PERSON
Any individual, firm, or corporation, public or private,
the State of New York and its agencies or political subdivisions,
and the United States of America, its agencies and instrumentalities,
and any agent, servant, officer, or employee of any of the foregoing.
REMOVAL
Cutting vegetation to the ground or leaving it as stumpage,
complete extraction, or killing by spraying, or other means which
result in the destruction of otherwise healthy vegetation.
SITE
A lot or parcel of land or a contiguous combination thereof,
where grading work is performed as a single unified operation.
SITE DEVELOPMENT
Altering terrain, altering vegetation or constructing improvements.
SITE DEVELOPMENT PERMIT
A permit issued by the Superintendent of Public Works/Village
Engineer for the construction or alteration of ground improvements
and structures for the control of erosion, runoff, and grading.
[Amended 10-27-2020 by L.L. No. 9-2020]
SITE PLAN
The map or drawn representation of a proposed development,
which is submitted to the Village for consideration and approval.
SOIL STABILIZATION
Measures which protect soil from the erosive forces of raindrop
impact and flowing water and include, but are not limited to, vegetative
establishment, mulching, and the early application of gravel base
on areas to be paved.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including, but not limited to:
A.
Land preparation such as clearing, grubbing,
grading, cutting and filling;
B.
Installation of streets and walkways;
C.
Excavation for basements, footings, piers, or
foundations;
D.
Erection of temporary forms; and
E.
Installation of accessory buildings such as
garages.
STRIPPING
Any activity which removes the vegetative surface cover including
tree removal, clearing, and storage or removal of topsoil.
SUBDIVISION
Any tract of land which is divided into two or more habitable
building sites, or parcels on any site along an existing or proposed
means of access, road, or street, for sale, lease, or rent, regardless
of whether the sites are to be sold or offered for sale or leased
for any period of time, are described by metes and bounds, or by reference
to a map or survey of the property or by any other method of description.
Subdivision also has any meaning it presently has under the laws of
the Village of Rye Brook.
TEMPORARY STREAM CROSSING
A temporary structural span installed across a flowing watercourse
for use by construction traffic. Structures may include bridges, culverts,
round pipes, or pipe arches.
VARIANCE
A grant of relief from the requirements of this chapter,
which permits a person to undertake construction in a manner otherwise
prohibited by this chapter where specific enforcement would result
in unnecessary hardship.
WATERCOURSE
Any body of water, including, but not limited to, lakes,
ponds, rivers, streams, intermittent streams, and bodies of water
which are classified by the New York State Department of Environmental
Conservation under Part 6 of the New York Code of Rules and Regulations,
and/or delineated on the Hydrologic Features Map of the Westchester
County Environmental Planning Atlas, and/or delineated on the USGS
7:5-Minute Quadrangle Sheet(s) for the Village of Rye Brook.