[HISTORY: Adopted by the Town Board of the
Town of Ramapo 8-12-1968 by L.L. No. 7-1968. Amendments noted where
applicable.]
A.
The rapid growth in the Town of Ramapo and consequent
improvement and construction of buildings, paved surfaces, roads and
other improvements has altered in the past and continues to alter
the natural flow of surface waters on the land which, together with
the construction of culverts, drains and ditches for the carrying
off of surface water, has both increased the quantity of storm and
surface drainage and amplified in quantity and intensity the extent
of runoff and surface flow, thus leading to present and potential
flooding of property and homes, soil erosion, danger to health, injury
and destruction of property. The development of appropriate facilities
to meet the needs of the community has been inadequate, with the consequent
result that a serious problem and danger has arisen to the health,
welfare, well-being and property in the Town of Ramapo. It is the
intention of the Town Board to protect the citizens of the Town of
Ramapo, to prevent the dangers arising from improper drainage, improper
drainage facilities in areas of poor drainage and high groundwater,
inadequate construction of drainage facilities and unwise diversion,
use and obstruction of streams and watercourses and to plan for the
present and future use of drainage systems and watercourses.
[Amended 6-14-1972 by L.L. No. 3-1972]
B.
The provisions of this chapter shall be applicable
to those portions of the Town of Ramapo outside the limits of any
incorporated village.
Except as hereinafter provided, it shall be
unlawful for any person, firm, entity or corporation to:
A.
Place, deposit or permit to be placed or deposited
any debris, fill, sand, stone or other solid materials of any kind
or nature or construction of any kind into or across any stream, pond,
ditch, culvert, pipe, watercourse or other drainage system, whether
artificial or natural, shown on the Official Map of the Town of Ramapo.
B.
Construct and/or place any ditch, pipe, culvert or
artificial watercourse of any kind or nature which shall collect and
direct the flow of natural surface waters or drainage or increase
in intensity or quantity the flow of surface waters or drainage from
paved surfaces, structures, roads or improvements directly into any
stream, pond, ditch, culvert, pipe or watercourse or other drainage
system shown on the Official Map of the Town of Ramapo.
C.
Fill, obstruct, dam, divert or otherwise change or
alter the natural or artificial flow of waters or drainage or the
intensity or quantity of flow through any stream, ditch, pipe, pond,
culvert, watercourse or other improvement or drainage system shown
on the Official Map of the Town of Ramapo.
[Amended 6-14-1972 by L.L. No. 3-1972]
Except as hereinafter provided, all existing
obstructions, dams, diversions, construction of any kind, deposits
of debris, fill, sand, stone or other solid materials or other alterations
or diversions of the natural flow of water or the intensity or quantity
of flow through, across or to any stream, pond, ditch, culvert, watercourse
or other drainage system shown on the Official Map of the Town of
Ramapo which causes the inundation of real property and/or buildings
on other premises; or in the determination of the Town Engineer constitutes
an undue burden upon or hampers the proper present or future course
of development of the aforesaid drainage system; or in the determination
of the Town Engineer presently constitutes or in the reasonably foreseeable
future will constitute a danger or hazard to the well-being, safety
or general welfare of the residents of the Town or any property located
therein shall be removed or corrected by the owners of the premises
upon which said obstructions, dams, diversions, construction, deposits
or other alterations of the natural flow of water are situated, within
a period to be set by the Town Engineer, not to exceed 60 days after
written notice to remove or correct the same from the Town Board.
B.
The acts set forth in § 240-2 hereof are permissible if done pursuant to the terms and conditions of a permit obtained from the Director of Building, Planning and Zoning of the Town of Ramapo or pursuant to an approved and filed subdivision map or a building permit or special permit carrying site development plan approval by the Planning Board.
[Amended 2-6-2012 by L.L.
No. 2-2012]
[Amended 6-14-1972 by L.L. No. 3-1972]
A.
All applicants for a permit to do any of the acts prohibited by § 240-2 or to fill, divert, dam or in any way alter the flow of a stream, pond, ditch, culvert, watercourse or other drainage system, natural or artificial, shown on the Official Map of the Town of Ramapo, except an applicant filing a proposed subdivision with the Planning Board, shall present plans and specifications prepared by a licensed professional engineer for the proposed change to the Town Engineer. However, where, in the opinion of the Town Engineer, the cost of the proposed improvement does not exceed the sum of $100, the plans and specifications do not have to be prepared by a licensed professional engineer. Wherever an application for a permit to do an act as set forth above affects land lying partly within and partly without lands requiring subdivision approval or site development plan approval, an application for a permit for that part of the premises lying outside of the subdivision or outside of the land requiring site plan approval shall be submitted to the Town Engineer.
[Amended 2-6-2012 by L.L.
No. 2-2012]
B.
Within 45 days after receipt of an applicant's proposed
plans and specifications, the Town Engineer shall communicate his
determination to the applicant and, if the changes are approved, issue
a permit therefor.
C.
Wherever the approval of the Town Engineer shall,
in the opinion of the Town Engineer, affect or require a change or
addition to the Official Map, the Town Engineer shall, prior to the
issuance of any permit, place the matter on the agenda of the Town
Board for a public hearing. At least 10 days' notice of a public hearing
on the proposed action with reference to the change in the Official
Map shall be published in the official newspaper of the Town. Prior
to making any such addition or change, the Town Board shall refer
the matter to the Planning Board for report thereon, which report
shall be returned by the Planning Board within 30 days of such reference.
The addition and change, when adopted, shall become a part of the
Official Map of the Town of Ramapo and shall be deemed to be final
and conclusive with respect to the location of the drainage systems
shown thereon.
D.
Prior to the issuance of the permit above, each applicant
shall pay to the Town Engineer a fee of 5% of the estimated cost of
improvements or construction, as determined by the Town Engineer or
consulting engineer, representing the actual cost to the Town for
review and inspection of the applicant's plans and specifications.
[Amended 2-6-2012 by L.L.
No. 2-2012]
[Amended 6-14-1972 by L.L. No. 3-1972[1]]
A.
The Town Engineer shall investigate and recommend
action to the Town Board regarding violations of the provisions of
this chapter.
B.
The Town Engineer shall investigate and report upon
drainage problems referred to him by the Town Board, Town officials
or any commission or agency of the Town.
C.
The Town Engineer shall have the power to review and
recommend to the Town Board all proposed changes to the Official Map
of the Town of Ramapo concerning drainage systems, except those shown
upon subdivision plats or site plan approvals passed upon by the Planning
Board.
D.
Upon request of the Planning Board, the Town Engineer
shall have the power to review and make recommendations to the Planning
Board concerning any of the following:
(1)
Drainage and groundwater conditions lying within a
subdivision or any premises for which site plan approval is required
of the Planning Board and proper requirements for treating such conditions
if feasible.
(2)
Proper requirements for all off-site easements, construction,
servitudes, ditches, ponds, culverts, pipes, watercourses and drainage
systems, whether natural or artificial, not lying within a proposed
subdivision or premises for which site plan approval is required,
in order to properly conduct surface water and runoff and groundwater
from a proposed subdivision or premises for which site plan approval
is required to a stream, ditch, culvert, watercourse or other drainage
system shown on the Official Map of the Town of Ramapo.
E.
The Town Engineer shall cause studies to be made of
matters concerning drainage and shall recommend and propose to the
Town Board legislation concerning drainage, involving ordinances,
local laws or amendments to the subdivision regulations.
F.
The Town Engineer shall coordinate Town drainage programs
with drainage programs of villages and municipalities within the Town
and with adjacent municipalities and towns and the County of Rockland.
A.
Any person, firm, entity or corporation found to be
violating any provisions of this chapter shall be served with a written
notice at the direction of the Director of Building, Planning and
Zoning stating the nature of the violation and providing a time limit
of not less than 10 days nor more than 60 days, as specified in the
Town Engineer's recommendations of such action to the Director of
Building, Planning and Zoning, for the satisfactory correction thereof,
except that, upon recommendation of the Town Engineer requesting immediate
action on the violation, said written notice shall provide a minimum
ten-day time period. The offender shall, within the period stated
in such notice, correct and/or remove all violations.
[Amended 6-14-1972 by L.L. No. 3-1972; 2-6-2012 by L.L. No. 2-2012]
B.
Any person, firm, entity or corporation and/or principal
of a corporation who or which shall continue any violation beyond
the time limit provided for in Subdivision A above shall be guilty
of a misdemeanor and, upon conviction thereof, shall be subject to
a fine in an amount not exceeding $5,000 for each violation and/or
up to 15 days' imprisonment for the active officer. Each week in which
such violation shall continue shall be deemed a separate offense.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
In the event that any person, firm, entity or corporation
shall continue any violation beyond the time limit provided for in
Subdivision A above, or upon resolution of the Town Engineer finding
an emergency condition, the Town Board may direct the Town Attorney
to apply to the Supreme Court in the Ninth Judicial District for an
immediate injunctive order directing that the violation be corrected
or removed and that all costs and expenses incurred by the Town of
Ramapo in connection with the proceedings, including the actual cost
of correction or removal, shall be assessed against the offenders
and shall be added to the next year's tax roll and become a lien against
said property.
[Amended 6-14-1972 by L.L. No. 3-1972]
D.
In the event that any person, firm, entity or corporation
shall continue any violation beyond the time limit provided for in
Subdivision A and the Town Engineer finds imminent danger to the Town's
residents of flooding or other serious drainage conditions, the Town,
by resolution of the Town Board, may forthwith enter said property
and correct the violation and assess the cost of the same to the offenders,
and said costs shall be added to the next year's tax roll and become
a lien against the property.
[Amended 6-14-1972 by L.L. No. 3-1972]
E.
Any person, firm, entity or corporation violating
any of the provisions of this chapter shall become liable to the Town
for any expense or loss or damage occasioned the Town by reason of
such violation in any civil action brought by the Town.
