[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 6-12-1978 as L.L. No. 6-1978 (Ch. 141/2 of the 1973 Code). Amendments noted where applicable.]
The adoption by the State of New York of the Environmental Conservation Law recognizes that the quality of our environment is fundamental to our concern for the quality of life. Consistent with that philosophy, the Village of Johnson City hereby joins with the State of New York in adopting the following provisions to conserve, improve and protect its natural resources and environment and to control water and land pollution in order to enhance the health, safety and welfare of the people of said village and state and their overall economic and social well-being.
Accordingly, a local law regulating the stopping, filling up, confining, paving or other interference with or changing the course of drains, ditches, streams and watercourses in the Village of Johnson City and prescribing penalties for violations is hereby adopted.
Definitions contained in the Environmental Conservation Law of the State of New York shall be used when not inconsistent with definitions herein contained.
It shall be unlawful for any person to stop, fill up, confine, pave, allow obstructions to accumulate or otherwise interfere with or change the course of any drain, ditch, stream or watercourse in the Village of Johnson City without first obtaining from the Superintendent of Public Works or other authorized village official a permit authorizing such work to be performed; and no drain, ditch, stream or watercourse shall be stopped, filled up, confined, paved or otherwise interfered with or the course thereof changed except in strict accordance with the terms and conditions of such permit and the plans and specifications submitted therewith.
The application for a permit shall be in form prescribed by the Village of Johnson City and accompanied by plans and specifications prepared by a duly licensed engineer or surveyor. The plans and specifications shall show the exact nature of the work to be performed, the course, structure and capacity of all drains, streams and watercourses, the method of drainage of the adjacent or contiguous territory and any other necessary information and explanatory details required by the Superintendent of Public Works.
The application and plans and specifications shall be filed in triplicate with the Superintendent of Public Works, who may specify alterations, changes or modifications in the plans and specifications which he or she deems necessary and may refuse a permit until such alterations, changes and modifications have been made. If the Superintendent of Public Works shall disapprove the plans and specifications submitted and refuse a permit, the reasons therefor will be set forth, in writing, and given to the applicant within thirty (30) days after filing, who may within thirty (30) days thereafter appeal to the Village Board, in writing. The Village Board may call a public hearing and decide such appeal at its next regular meeting.
The Village Engineer shall be notified at least twenty-four (24) hours in advance of the commencement of the work in order that provision may be made for proper inspection thereof. Samples of material and every reasonable facility for ascertaining whether the work is in conformity with the provisions of this chapter shall be furnished to the Village Engineer as he or she may require.
A fee of twenty-five dollars ($25.) shall be paid to the village when the application is filed, and the owner shall also pay the actual cost of any material tests and reimburse the village for necessary inspection at the rate of five dollars ($5.) for each hour or portion thereof that a Village Inspector is engaged on the work.
Any person violating any provisions of this chapter shall, upon conviction, be punishable as provided in § 1-15 of Chapter 1, General Provisions, Article II. Further or alternative action may be taken under § 1-17 of said Code.