[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 10-28-1991
by L.L. No. 4-1991. Amendments noted where applicable.]
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.
A.
In order that site preparation and construction activities
may be in conformance with the provisions of this chapter, this chapter is
hereby adopted and shall be known and may be cited as the "Soil Erosion, Sedimentation,
and Stormwater Management Control Law of the Town of East Bloomfield."
B.
Upon the filing of this chapter by the Secretary of State,
all site preparation and construction activities requiring a permit under
this chapter shall be in conformance with the provisions set forth herein.
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:
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:
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.
The person designated by the Town Board of the Town of East Bloomfield
(by resolution) to administer and maintain the provision of this chapter.
The gravitational movement of water or other liquids by surface runoff
or subsurface flow.
The wearing away of the land surface by action of wind, water, gravity
or other natural forces.
Any activity which removes or significantly disturbs rock, gravel,
sand, soil or the natural deposits.
Any activity which deposits natural or artificial material so as
to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
The alteration of the surface or subsurface conditions of land, lakes,
ponds or watercourses by excavation or filling.
The application of a layer of plant residue or other material for
the purpose of effectively controlling erosion.
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.
The activities of stripping, excavation, filling and grading, no
matter what the purpose of these activities.
All unconsolidated material or nonliving organic material of whatever
origin which overlies bedrock.
Any activity which removes or significantly disturbs trees, brush,
grass or any other kind of vegetation.
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.
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.
Before any site preparation requiring a permit under § 112-7 of this chapter is commenced, three copies of a permit application shall have been filed with the authorized official, and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
C.
The authorized official shall have the authority to review and approve, approve with modifications or disapprove all permits applied for pursuant to this chapter, except for the applications involving and activity which will otherwise require Town Planning Board review and approval as subdivision of land as regulated by Chapter 86, Land Development; site plan approval under Article XI of Chapter 135, Zoning; and special use permit approval under Article X of Chapter 135, Zoning. For applications involving such activities, the Planning Board shall have review and approval authority and shall coordinate this permit approval with the underlying Planning Board review process.
D.
The authorized official or Town Planning Board may, upon
its discretion, refer any permit application hereunder to the Town Engineer
and/or other agencies or officials for guidance and recommendations.
E.
All permits hereunder shall be granted or denied within
60 days of the filing of the application thereof; unless the applicant and
the Town Planning Board consents to a time extension or, when applicable,
the Town Planning Board shall follow the general procedures used by the Planning
Board under the land subdivision and site plan review time frames.
F.
Prior to granting a permit, the authorized official or
Town Planning Board shall determine that the request is in harmony with the
purpose and standards set forth in this chapter.
G.
In granting a permit, the authorized official or Town
Planning Board shall fix a reasonable time limit for the termination of the
permit and may attach any conditions which it deems necessary to assure compliance
with the provision of this chapter.
H.
Major modifications of the terms of approved permits
shall follow the same application, review and approval procedures as those
set forth in this section for the original permit.
I.
It shall be the responsibility of the authorized official
to inspect sites as frequently as necessary to assure compliance with the
terms of approved permits and the provisions of this chapter and to submit
written notification of any violations of these terms or provisions to the
Chairman of the Town Planning Board.
J.
If at any time during the effective period of a permit
or upon its expiration the terms of the permit are violated, the authorized
official or the Town Planning Board may revoke the permit and may require
that the performance guaranty be forfeited to the town. If the applicant shall
be unable to complete the project or any phase thereof within the specified
date of completion, he may present, in writing, a request for an extension
of time, setting forth therein the reasons for the request, which extension
may be granted at the discretion of the authorized official.
A.
The property owner or his agent may initiate a request
for permit by filing with the Town Planning and Zoning Office three copies
of an application. The application shall consist of, at a minimum, the application
form available from the town, the checklist completed by the applicant and
appropriate maps, plans and/or sketches depicting the proposed site with appropriate
accuracy giving the nature and scope of the proposed activities. Smaller or
less complicated sites can be handled with a sketch to an approximate scale.
Larger more complicated sites, especially where erosion and sedimentation
may affect off-site areas, will require more detail and may require a plan
prepared by a licensed engineer or architect. The applicant should discuss
with the authorized official, at or prior to the time of application, the
extent of mapping that may be required.
B.
At a minimum, the map, plan or sketch prepared shall
indicate the following:
(1)
Boundaries of the subject parcel and other parcels adjacent
to the site which may be materially affected by the action.
(2)
Existing features, including structures, roads, watercourses,
utility lines, etc., on the subject parcel and on adjacent parcels where appropriate.
(3)
Existing vegetative cover, including wooded areas, grass,
brush or other on the subject parcel, and on adjacent properties where appropriate.
(4)
Limits or extent of excavation, filling and/or grading
proposed to be undertaken.
(5)
The disposition of soil and topsoil, whether on site
or off site, and the locations of any stockpiles to be placed on site.
(6)
Temporary and permanent drainage, erosion, stormwater
management techniques and sedimentation control facilities, including ponds,
sediment basins, swales, energy dissipation devices, silt fences and/or straw
bale locations.
(7)
The location of proposed roads, driveways, sidewalks,
structures, utilities and other improvements.
(8)
Final contours of the site in intervals adequate to depict
slopes and drainage details on the site.
(9)
A time schedule indicating:
(a)
When major phases of the proposed project are to be initiated
and completed;
(b)
When major site preparation activities are to be initiated
and completed;
(c)
When the installation of temporary and permanent vegetation
and drainage, erosion, stormwater and sedimentation control facilities is
to be completed; and
(d)
The anticipated duration (in days) of exposure of all
major areas of site preparation before the installation of erosion, stormwater
and sedimentation control measures.
C.
A separate estimate may be required to be submitted detailing
the costs of providing the temporary and permanent vegetation and drainage,
erosion, stormwater and sedimentation control facilities depending upon the
scope of the project.
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.
A.
After the approval of the application and before the issuance of any permit, the applicant shall file with the Town Clerk an amount of the estimated cost of the erosion and sedimentation control measure as submitted under § 112-10C of this chapter and accepted by the town, one of the following performance guaranties:
B.
The authorized official may grant a waiver of such guaranty
if he deems the proposed activities to be of minor scope and to be consistent
with the provisions of this chapter.
C.
The town shall accept the performance guaranty only if
the party or parties filing the performance guaranty agrees that upon the
termination of the permit or the operation, whichever may come first, the
project shall be in conformity with both the approved specific requirements
of the permit and the provisions of this chapter; and that in the event of
default of such and/or violation of any other applicable laws, such performance
guaranty shall be forfeited to the town. Such performance guaranty shall continue
in full force and effect until a certificate of compliance shall have been
issued by the authorized official after such consultation with any agencies
or individuals as he deems necessary to ensure that all provisions of this
chapter and of the permit have been met.
D.
The town shall return to the applicant any amount that
is not needed to cover the costs of restoration, administration and any other
expenses incurred by the town as a result of the applicant's default.
A.
Waivers may be requested from the authorized officer
or Town Planning Board as appropriate where the scope of the project is so
limited that a permit is not appropriate.
B.
Decisions of the authorized official or Planning Board
on permit applications under this chapter may be appealed, at the applicant's
option, to the Town Board, or be commencement of a judicial proceeding under
Article 78 of the Civil Practice Law and Rules, provided that such appeal
is made, in writing, within 30 days of the decision appealed from.
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.
A.
If there is any damage due to a violation of this chapter
or if any soil, liquid or other material is caused to be deposited upon or
to roll, flow or wash upon any public property, private property or right-of-way
in violation of this chapter, the person, firm, partnership, corporation or
other party responsible shall be notified and shall cause the same to be removed
from such property or way within 36 hours of notice. In the event of an immediate
danger to the public health or safety, notice shall be remedied immediately.
In the event that it is not so remedied, the town shall cause such remedy
as necessary and the cost incurred by the town shall be paid to the town by
the party who failed to so remedy and shall be a debt owed to the town, above
and beyond the approved performance guaranty.
B.
Any person, firm, partnership, corporation or other party
who violates any provision of this chapter shall be guilty of misdemeanor
and subject to a fine of not more than $1,000 or imprisonment not exceeding
15 days, or both such fine and imprisonment. The imposition of any such penalty
for the violation of this chapter shall not excuse such violation nor permit
the continuance thereof. The application of the above penalty or penalties
for a violation of the provision of this chapter shall not be held to prevent
the removal of conditions prohibited by this chapter by such legal means as
may be proper.[1]
C.
The continuation of an offense against the provisions
of this chapter shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
D.
The authorized official, as designated
by the Town Board of the Town of East Bloomfield, shall have the authority
to issue appearance tickets when the provision of this chapter are deemed
to be in violation.
