[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.]
A.
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.
B.
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.
