[Adopted 1-14-1989 as L.L. No. 6-1989]
This Article will be known as the "Erosion and Flooding Prevention Law of the Village of Head-of-the-Harbor."
Insufficient or improper measures for the control of erosion and flooding can result in aggravating the severity of natural processes, ultimately creating risk of damage to property and endangerment to human life. The use of inappropriate or incorrect means affecting drainage or littoral transport, stormwater runoff or displacement of unstable soils or otherwise bringing about adverse and destructive effects is to be avoided. The purpose of this Article is to provide standards and requirements for development and construction which will result in no measurable increase in erosion or flooding at the site of the activity or development or at other locations.
Stream channels, natural floodplains and major drainage swales shall not be altered in any way to decrease the ability to accommodate and channel stormwater runoff and floodwaters.
A. 
In such areas no disturbance of land shall be permitted that will create such an alteration. "Disturbance of land" includes alteration of slope, deposition of waste materials and removal of vegetation.
B. 
If no practicable alternative exists to the location of driveways, walkways, paths or other means of access within these areas, such facilities shall be sited to minimize and mitigate the amount and velocity of stormwaters entering the swale.
A. 
No slope of 25% or more shall in any circumstances be developed, nor shall it be disturbed except for conservation measures or to remove debris which inhibits the functioning of the drainage of the swale. Natural vegetation shall be retained.
B. 
Slopes of less than 25% but composed or erodible soils (e.g., Carver) require development proposals indicating load-bearing capacity of the soils. Unless the soils can be stabilized with a minimum of on-site disturbance and with no adverse impacts to the stability of neighboring properties, the development shall not be permitted.
A. 
Natural drainage patterns shall be protected and incorporated into the site plan.
B. 
Site preparation, including stripping of vegetative cover and grading, shall be limited to 30 days prior to construction.
C. 
Soils disturbed in site preparation shall be stabilized by erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps, mulching and the effective means of minimizing and mitigating sedimentation.
A. 
Stormwater runoff may not be diverted to another property during site preparation or after development.
B. 
The amount and velocity of runoff from a developed site shall not exceed predevelopment characteristics.
C. 
On any site adjacent to coastal waters, stormwater must be retained on-site to the maximum practicable extent in order to minimize runoff.
A. 
Fill shall not block natural watercourses, wetlands, floodways or constructed channels.
B. 
Fill shall be compacted at a final angle of repose that is stable, that minimizes erosion and that prevents settling.
Walking paths or other accessways shall be sited in such a manner as to preclude their being a source of sediment to any adjacent or nearby waterbody.
A. 
Removal from a site under development of soil, sand, gravel or other earth materials shall be limited to the minimum necessary amount, which shall in no case approximate a commercial sand-, gravel- or earth-mining operation, whether temporary in character or otherwise, and which shall not result in the stripping from the site of topsoil.
B. 
Any removal of sand, gravel or earth materials from any site shall require a special permit issued by the Building Inspector. In connection with the subdivision of land, such a permit must be approved by the Planning Board. In connection with site development, the permit must be approved by the Board of Architectural Review. In either case the special permit shall also require the signed approval of the Village Engineer.
[Amended 4-15-2015 by L.L. No. 1-2015]
C. 
Removal of sand, gravel or earth materials from any site shall be considered a Type I action under Chapter 81, Environmental Quality Review, and shall be subject to all SEQRA procedures.
The provisions, standards and regulations set forth in this Article shall be incorporated into all permits and approvals with respect to land use and development issued by any agency of the Village of Head-of-the-Harbor empowered herein or elsewhere to grant such permissions. The requirements under this Article may be entered as restrictions, conditions or stipulations upon any permit or approval issued.