All grading, grubbing, stripping, excavating, and filling which is subject to the permit requirements of this chapter, and any grading, grubbing, stripping, excavating, and filling which is exempted from the permit requirements by § 118-7B, shall be subject to the applicable standards and requirements set forth in this Article IV.
The permittee shall not be relieved of responsibility
for damage to persons or property otherwise imposed by law, and the
Village of Rye Brook or its officers will not be made liable for such
damage, by:
A.
The issuance of a permit under this chapter;
B.
Compliance with the provisions of that permit or with
conditions attached to it;
C.
Failure of Village officials to observe or recognize
hazardous or unsightly conditions;
D.
Failure of Village officials to recommend denial of,
or to deny a permit; or
E.
Exemptions from the permit requirements of this chapter.
The standards and specifications contained in the Westchester County Best Management Practices Manuals and the NYSDEC Division of Water Technical and Operations Guidance Series Nos. 5.1.8 and 5.1.10, cited in § 118-8C are hereby incorporated into this Article IV and made a part thereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under Article III. In the event of conflict between provisions of said manual and this chapter, this chapter shall govern.
Prior to the commencement of any land disturbing
activity that may result in the transport of sediment or uncontrolled
soil erosion within or from a development site, the applicant shall
establish basic erosion and sediment control measures to safeguard
adjacent properties and water bodies from damage that may result from
proposed land disturbing activities.
A.
Inspection of work. The Superintendent of Public Works/Village
Engineer or designated agent shall make inspections as hereinafter
required and shall either approve that portion of the work completed
or shall notify the permittee wherein the work fails to comply with
the site development or erosion and sediment control plan as approved.
Plans for grading, stripping, excavating, and filling work bearing
the stamp of approval of the Village shall be maintained at the site
during progress of the work.
[Amended 10-27-2020 by L.L. No. 9-2020]
B.
Inspection of phased activities. If stripping, clearing,
grading, and/or landscaping is to be done in phases or areas, the
permittee shall give notice and request inspection at the commencement
and completion of each of the above work stages in each phase or area.
If an inspection is not made and notification of the results given
within five working days after notice is received by the Village from
the permittee, the permittee may continue work at his own risk, without
presuming acceptance by the Village. Notification of the results of
the inspection shall be given in writing at the site.
C.
Inspection of control measures. The licensed professional
responsible for erosion and sediment control design or his or her
agent shall make regular inspections of all control measures in accordance
with the inspection schedule outlined on the approved erosion and
sediment control plan(s). The purpose of such inspections will be
to determine the condition and need for replacement or repair of in-place
control measures, the overall effectiveness of the control plan, and
the need for additional control measures. All inspections shall be
documented in written form and submitted to the Superintendent of
Public Works/Village Engineer at the time interval specified in the
approved permit.
[Amended 10-27-2020 by L.L. No. 9-2020]
[Amended 10-27-2020 by L.L. No. 9-2020]
A.
Danger to property, public way, watercourse, or drainage
structure. If at any stage of the grading of any development site
the Superintendent of Public Works/Village Engineer or designated
agent determines by inspection that the nature of the site is such
that further work authorized by an existing permit is likely to imperil
any property, public way, watercourse, or drainage structure, the
Superintendent of Public Works/Village Engineer may require, as a
condition of allowing the work to be done, that such reasonable special
precautions be taken as are considered advisable to avoid the likelihood
of such peril. "Special precautions" may include, but shall not be
limited to, a more level exposed slope, construction of additional
drainage facilities, berms, terracing, compaction, or cribbing. Installation
of plant materials, erosion blankets for erosion control, and recommendations
of a registered soils engineer and/or engineering geologist may be
made requirements for further work.
B.
Storm damage due to incomplete grading. Where it appears
that storm damage may result from incomplete grading on any development
site, work may be stopped and the permittee required to install temporary
structures or take such other measures as may be necessary to protect
adjoining property or the public safety. On large developments, or
where unusual site conditions prevail, the Superintendent of Public
Works/Village Engineer or designated agent may specify the time of
start of grading and time of completion or may require that the operations
be conducted in specific stages to ensure completion of protective
measures or devices prior to the advent of seasonal rains.
[Amended 10-27-2020 by L.L. No. 9-2020]
Amendments of the site development or erosion
and sediment control plans shall be submitted to the Superintendent
of Public Works/Village Engineer signed and sealed by the Licensed
Professional responsible, and shall be processed and approved, or
disapproved, in the same manner as the original plans. Field modifications
of a minor nature may be authorized by the Superintendent of Public
Works/Village Engineer by written authorization to the permittee.
[Amended 10-27-2020 by L.L. No. 9-2020]
Every site development permit shall expire and
become null and void if the work authorized by such permit has not
begun within 180 days, or is not completed by a date which shall be
specified in the permit, except that the Superintendent of Public
Works/Village Engineer may, if the permittee presents satisfactory
evidence that unusual difficulties have prevented the start of work
or completion of same within the specified time limits, grant a reasonable
extension of time if written application is made before the expiration
date of the permit.
