In accordance with the Municipal Home Law of the State of New York,
the Town Board of the Town of East Bloomfield has the authority to enact local
laws for the purpose of promoting the health, safety or general welfare of
the Town of East Bloomfield, including the protection and preservation of
the property of its inhabitants. By the same authority, the Town Board of
the Town of East Bloomfield may include in any such local laws provision for
the appointment of any municipal officers or employees to effectuate and administer
such local laws.
It is the purpose of this chapter to protect public health, safety and
welfare in the Town of East Bloomfield by regulating site preparation and
construction activities, including excavation, filling, grading and stripping
so as to prevent problems related to erosion, sediment, drainage or stormwater
runoff. In relation to this purpose, this chapter is intended to:
A. Preserve the quality of the natural environment from
such adverse effects of site preparation and construction as:
(1) Pollution of lakes, ponds and watercourses from silt
or other materials;
(2) Unnecessary destruction of trees and other vegetation;
(3) Excessive exposure of soil to erosion;
(4) Unnecessary modification of natural topography or unique
geological features; and
(5) Failure to restore sites to and attractive natural condition.
B. Protect people and properties from such adverse effects
of site preparation and construction as:
(1) Increased runoff, erosion and sediment;
(2) Increased threat to life and property from flooding or
storm waters;
(3) Increased slope instability and hazards from landslides
and slumping; and
(4) Modifications of the groundwater regime that adversely
affect wells and surface water levels.
C. Protect the Town of East Bloomfield and other governmental
bodies from having to undertake, at public expense, programs of repairing
roads, flood protection facilities and other public facilities.
D. Ensure that site preparation and construction are consistent
with the Master Plan of the Town of East Bloomfield.
The provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety and welfare. Whenever
the requirements of this chapter are at variance with the requirements of
any other lawfully adopted rules, regulations or ordinances, the most restrictive,
or that imposing the higher standards, shall govern.
As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL OPERATIONS
All activities directly related to the growing or raising of crops
or livestock for the sale of the agricultural produce, including horticultural
and fruit operations.
AUTHORIZED OFFICIAL
The person designated by the Town Board of the Town of East Bloomfield
(by resolution) to administer and maintain the provision of this chapter.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff
or subsurface flow.
EROSION
The wearing away of the land surface by action of wind, water, gravity
or other natural forces.
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel,
sand, soil or the natural deposits.
FILLING
Any activity which deposits natural or artificial material so as
to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
GRADING
The alteration of the surface or subsurface conditions of land, lakes,
ponds or watercourses by excavation or filling.
MULCHING
The application of a layer of plant residue or other material for
the purpose of effectively controlling erosion.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited, or has been removed form its site
of origin by erosion.
SITE PREPARATION
The activities of stripping, excavation, filling and grading, no
matter what the purpose of these activities.
SOIL
All unconsolidated material or nonliving organic material of whatever
origin which overlies bedrock.
STRIPPING
Any activity which removes or significantly disturbs trees, brush,
grass or any other kind of vegetation.
TOPSOIL
The natural surface layer of soil, unusually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area of soils.
WATERCOURSE
Any natural or artificial stream river, creek ditch, channel, canal,
conduit, covert, drainageway, gully, ravine or wash in which water flows in
a definite direction of course, either continuously or intermittently, and
which has a definite channel, bed and banks, and any area adjacent thereto
subject to inundation by reason of overflow, flood or stormwater.
No site preparation shall commence until a soil erosion, sedimentation and stormwater control permit has been issued for any activity requiring a permit as listed in §
112-7.
None of the following activities shall be commenced until a permit has
been issued under the provisions of this chapter.
A. Site preparation in connection with the subdivision of
land into two or more parcels;
B. Site preparation within 100 feet of wetlands;
C. Site preparation within any limited development overlay
district;
D. Site preparation requiring site plan or special use permit
approval;
E. Stripping or grading which affects more than 15,000 square
feet of ground surface within any parcel or any contiguous area.
F. Excavation of filling which exceeds a total of 100 cubic
yards of a material within any parcel or contiguous area.
The following activities are exempted from permit requirements:
A. Activities not meeting the criteria in §
112-7;
C. Household gardening and activities related to the maintenance of landscape features on existing developed lots, excepting such activities as are required to obtain permits under §
112-7;
D. Governmental activities to the extent such activities
are exempted by law.
In granting a permit under this chapter, the standards and considerations
taken into account shall include, but not be limited to, the following:
A. Site preparation and construction shall be fitted to
the vegetation, topography and other natural features of the site and shall
preserve as many of these features as feasible.
B. The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
C. The smallest practical area of land shall be exposed
by site preparation at any given time.
D. The exposure of areas by site preparation shall be kept
to the shortest practical period of time prior to the construction of structures
or improvements or the restoration of the exposed areas to an attractive natural
condition.
E. Mulching or temporary vegetation suitable to the site
shall be used where necessary to protect areas exposed by site preparation,
and permanent vegetation which is well adapted to the site shall be installed
as soon as practical.
F. Where slopes are to be revegetated in areas exposed by
site preparation, the slopes shall not be of such steepness that vegetation
cannot be readily established or that problems of erosion or sediment may
result.
G. Site preparation and construction shall not adversely
affect the free flow of water by encroaching on, blocking or restricting watercourses,
except as permitted by approved detention systems.
H. All fill material shall be of a composition suitable
for ultimate use of the fill, free of rubbish and carefully restricted in
its content of brush, stumps, tree debris, rocks, frozen material and soft
or easily compressible material.
I. Fill material shall be compacted sufficiently to prevent
problems of erosion, and where it is to support structures, it shall be compacted
to a minimum of 90% of standard proctor with proper moisture control.
J. Topsoil which is excavated from a site shall be stockpiled
and used for the restoration of the site, and such stockpiles shall be seeded
or otherwise treated to minimize the effects of erosion, if the pile is to
remain for a period of more that 120 days.
K. Prior to, during and after site preparation and construction,
an integrated drainage systems shall be provided which at all times minimizes
erosion, sediment, hazards of slope instability and adverse effects on neighboring
property owners.
L. The natural drainage system shall generally be reserved
in preference to modifications of this system, except where such modifications
are necessary to reduce levels of erosion and sediment and adverse effects
on neighboring property owners.
M. All drainage systems shall be designated to adequately
handle anticipated flows both within the site and from the entire upstream
drainage basin.
N. Sufficient grades and drainage facilities shall be provided
to prevent the ponding of water, unless such ponding is proposed within the
site plans, in which event there shall be sufficient water flow to maintain
proposed water levels and to avoid stagnation.
O. There shall be provided such measures as benches, berms,
terraces, diversions and sediment, debris and retention basins, where necessary,
to minimize erosion and sediment.
P. Drainage systems, planting and other erosion or sediment
control devices shall be maintained as necessary to provide adequate protection
against erosion and sediment and to ensure that the free flow of water is
not obstructed by the accumulation of silt, debris or other material or by
structural damage.
Q. The DEC Memorandum of April 1991, New York Guidelines
for Erosion and Sediment Control, and DEC memorandum of April 1990, TOGS 5.1.8,
New York Stormwater Management Guidelines for New Development, shall be the
reference or technical guide used in the development of the soil erosion,
sediment and stormwater plan for any specific site or project.
The Town Board may from time to time on its own motion, on petition,
or on recommendation of the Town Planning Board, and in accordance with the
laws of the State of New York, amend, supplement or repeal the regulations
or provisions of this chapter.
The Town Board may, from time to time and by resolution, establish appropriate
fees for the review and processing of the permits under this chapter.