[HISTORY: Adopted by the Town Board of the Town of Wheatfield 10-16-1989 by L.L. No. 7-1989. Amendments noted where applicable.]
This chapter shall be known as the "Town of Wheatfield Drainage Structure Local Law."
The purpose of this chapter is to promote the public health, safety and general welfare, to protect and preserve the natural beauty and value of property and to minimize public and private losses by regulating the design and implementation of drainage structures.
For the purposes of this chapter, unless the context indicates otherwise, the following terms shall have the meanings indicated:
- DRAINAGE STRUCTURE
- Anything designed to enhance drainage in the Town, including but not limited to ditches, culverts, drain tiles, retention ponds, receivers and swales.
No person shall furnish, install or alter a drainage structure within the physical limits of existing drainageways without a permit.
No permit required by this chapter shall be issued except upon submission of evidence satisfactory to the Highway Superintendent and the Town Engineer and upon his or her finding and determination that the proposed structure will not cause erosion or otherwise disturb or adversely effect natural drainage, streams, creeks or other bodies, sources or supplies of water, whether surface or ground, adjacent or nearby property or adjacent or nearby fauna, flora or other vegetations.
Application shall be made on forms prescribed by the Highway Superintendent and shall be processed upon payment of such fee(s) as shall from time to time be established by resolution of the Town Board. The Highway Superintendent shall refer such application to the Town Engineer for review and recommendation, and the application fee(s) will include the reasonable cost of such review by the Town Engineer.
Editor's Note: A fee schedule is on file in the office of the Town Clerk.
Within 30 days of receipt of a completed application, the Highway Superintendent shall notify the applicant that:
The permit is granted.
The permit is granted with conditions that shall specified in the notice.
The permit is denied, specifying the basis for the denial.
That additional information is required in order to make a determination, specifying the additional information required and stating that a determination shall be made within 12 days of submission of such information to the Building Inspector.
The Highway Superintendent is hereby authorized to issue a notice of violation and/or a stop-work order to any person engaging in any activity in violation of this chapter or in violation of any permit issued pursuant to this chapter. Such order shall describe the activity or activities constituting such violation(s) and the penalties therefor and may prohibit all such activities pending review and determination by a court of appropriate jurisdiction. The permittee shall be responsible and bear all costs for the removal and/or replacement work as such to meet the approved design plans and Town standard specifications.
Any person who violates any provision of this chapter is guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate violation.