A.
Permit required. Except as otherwise provided in this
chapter, no person shall commence or perform any land-disturbing activity,
including, but not limited to, grading, stripping, clearing and grubbing,
excavating, or filling, without first obtaining a site development
permit from the Village, and all other necessary local, state, and
federal permits.
B.
Exceptions. A permit shall not be required for any
of the following activities:
(1)
Normal lawn and landscaping maintenance.
(2)
Existing nursery and agricultural operations conducted
as either a permitted main or accessory use.
(3)
Grading of land in a uniform manner, provided the
elevation of land is not altered by more than three inches, the normal
flow of surface water at the property lines is not altered, the work
will not allow the transport of any sediment from the site, and, upon
completion of the grading, the exposed surfaces are permanently stabilized
with vegetation.
(4)
Alteration of the exterior of a building or structure,
provided such exterior alteration does not increase land coverage
or result in any land-disturbing activity that will cause undue destruction
to the existing vegetation.
(5)
Installation, renovation, or replacement of a septic
system to serve an existing dwelling or structure.
(6)
Any emergency activity, which is immediately necessary
for the protection of life, property, or natural resources.
A.
Application for permit. An application for a site development permit
shall be made by the owner of the property or his authorized agent
to the Superintendent of Public Works/Village Engineer on a form furnished
for that purpose. All application materials shall be submitted in
electronic file format acceptable to the Building Department in addition
to at least one signed original application form and eight paper copies
of all other application materials, or such other format or amount
as determined by the Building Department. The Building Department
may waive the electronic submission requirement only in extraordinary
cases of technical infeasibility. Each application shall bear the
name(s) and address(es) of the owner or developer of the site, the
licensed professional responsible for the erosion and sediment control
design, and any consulting firm retained by the applicant, together
with the name of the applicant's principal contact at such firm, and
shall be accompanied by a filing fee as provided for in the Village
License and Permit Fee Schedule maintained by the Village Clerk. Each
application shall include a certification by the owner that any land
clearing, construction, or development involving the movement of earth
shall be in accordance with the plans approved upon issuance of the
permit.
[Amended 10-28-2014 by L.L. No. 9-2014; 10-27-2020 by L.L. No. 9-2020]
B.
Application contents. Each application for a site
development permit shall be accompanied by the following information:
(1)
A vicinity map in sufficient detail to easily locate
in the field the site for which the permit is sought, including the
boundary line and approximate acreage for the site, existing zoning,
and a legend and scale.
(2)
A development plan of the site showing:
(a)
Existing topography of the site and adjacent
land within 100 feet of the boundaries, drawn at no greater than two-foot
contour intervals and clearly portraying the conformation and drainage
pattern of the area.
(b)
The location of existing buildings, structures,
utilities, waterbodies, floodplains, drainage facilities, vegetative
cover, paved areas, watershed divides, and other significant natural
or man-made features on the site, and adjacent land within 100 feet
of the boundary.
(c)
A description of the predominant soil types
on the site, their location, and their limitations for the proposed
use.
(d)
Proposed use of the site, including both present
development and planned utilization; areas of excavation, grading,
and filling; proposed contours, finished grades, and street profiles;
provisions for storm drainage, including the control of accelerated
runoff, with a drainage area map and computations; kinds and locations
of utilities; and areas and acreages proposed to be paved, covered,
sodded or seeded, vegetatively stabilized, or left undisturbed.
(3)
An erosion and sediment control plan, or plans, showing:
(a)
All erosion and sediment control measures necessary
to meet the objectives of this chapter throughout all phases of construction
and permanently, after completion of development of the site. Depending
upon the complexity of the project, the drafting of intermediate erosion
and sediment control plans also may be required.
(b)
Seeding mixtures and rates, types of sod, method
of seedbed preparation, expected seeding dates, type and rate of lime
and fertilizer application, and kind and quantity of mulching for
both temporary and permanent vegetative control measures.
(c)
Provisions for maintenance of control facilities,
including easements and estimates of the cost of maintenance.
(d)
Identification of the person(s) or entity which
will have legal responsibility for maintenance of erosion control
structures and measures after development is completed.
(4)
The proposed phasing of development of the site, including
stripping and clearing, rough grading and construction, and final
grading and landscaping. Phasing shall identify the expected date
on which clearing will begin, the estimated duration of exposure of
cleared areas, and the sequence of clearing, installation of temporary
sediment control measures, installation of storm drainage, paving
of streets and parking areas, and establishment of permanent vegetative
cover.
C.
Standards and requirements. Submissions shall be prepared in accordance with the standards and requirements contained in the Westchester County Best Management Practices Manuals, prepared by the County of Westchester, and the NYSDEC Division of Water Technical Operations Guidance Series Nos. 5.1.8 and 5.1.10, prepared by New York State, incorporated into this chapter by reference. A stormwater management plan or a stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 217[1] of the Village Code shall be required. The stormwater management plan or the SWPPP shall meet the performance and design criteria, and standards of Chapter 217. The approved erosion control permit shall be consistent with the provisions of Chapter 217.
[Amended 8-8-2006 by L.L. No. 14-2006]
D.
Inspection and certifications. The Superintendent of Public Works/Village Engineer may require weekly inspection of the site by the licensed professional responsible for erosion and sediment control design to certify the erosion and sediment control measures employed within the site are performing as designed, adequately protecting adjacent properties, streams and watercourses from sediment in accordance with § 118-16C.
[Amended 10-27-2020 by L.L. No. 9-2020]
E.
Waiver of requirements. The Superintendent of Public
Works/Village Engineer may waive specific requirements for the content
of submissions upon finding that the information submitted is sufficient
to show that the work will comply with the objectives and principles
of this chapter.
[Amended 10-27-2020 by L.L. No. 9-2020]
[Amended 10-27-2020 by L.L. No. 9-2020]
The applicant may be required to file with the
Village of Rye Brook a performance bond or bonds, letter of credit,
or other improvement security satisfactory to the Village Attorney
in an amount deemed sufficient by the Superintendent of Public Works/Village
Engineer to cover all costs of improvements, landscaping and maintenance
of improvements, for such period as specified by the Superintendent
of Public Works/Village Engineer.
Each application for a site development permit
shall be reviewed and acted upon according to the following procedures:
A.
Review. The Superintendent of Public Works/Village
Engineer will review each application for a site development permit
to determine its conformance with the provisions of this chapter.
The Superintendent of Public Works/Village Engineer may refer any
application to Village consultants, the Westchester County Soil and
Water Conservation District and/or any other local government or public
agency within whose jurisdiction the site is located, for review and
comment. Upon completion of review of an application, the Superintendent
of Public Works/Village Engineer shall, in writing:
[Amended 10-27-2020 by L.L. No. 9-2020]
(1)
Approve the permit application if it is found to be
in conformance with the provisions of this chapter, and issue the
permit;
(2)
Approve the permit application subject to such reasonable
conditions as may be necessary to secure the objectives of this chapter,
and issue the permit subject to these conditions; or
(3)
Disapprove the permit application, indicating the
deficiencies and the procedure for submitting a revised application
and/or submission.
B.
Issuance of permit. No site development permit shall
be issued for an intended development site unless:
(1)
The development has been approved by the Superintendent
of Public Works/Village Engineer where applicable; or
[Amended 10-27-2020 by L.L. No. 9-2020]
(2)
Such permit is accompanied by or combined with a valid
building permit, and a steep slope work permit for areas in excess
of fifteen-percent slope, issued by the Village of Rye Brook; or
(3)
The proposed earth moving is coordinated with any
overall development program previously approved by the Village of
Rye Brook for the area in which the site is situated.
[Amended 10-27-2020 by L.L. No. 9-2020]
The applicant, or any person or agency which received notice of the filing of the application, may appeal the decision of the Superintendent of Public Works/Village Engineer as provided in § 118-10A to the Village Board of Trustees. Upon receipt of an appeal, the Board of Trustees shall schedule and hold a public hearing, after giving 15 days' notice thereof. The Board of Trustees shall render a decision within 30 days after the close of the hearing. Factors to be considered shall include, but not be limited to, the effects of the proposed development activities on the surface water flow to tributaries and downstream lands; any comprehensive watershed management plans, or the use of any retention facilities; possible saturation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainageways; nature and type of soil or rock which, when disturbed by the proposed development activities, may create earth movement and produce slopes that cannot be landscaped; and excessive and unnecessary scarring of the natural landscape through grading or removal of vegetation.
Plans, specifications, and reports of all site
developments shall be retained by the Village in accordance with its
document retention policy.
