In accordance with Article 9 of the Town Law and the Municipal Home
Rule Law of the State of New York, the Town Board of the Town of Geneva has
the authority to enact local laws for the purpose of promoting the health,
safety or general welfare of the Town of Geneva including the protection and
preservation of the property of its inhabitants. By the same authority the
Town Board of the Town of Geneva 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 Geneva by regulating site preparation and construction
activities, including excavation, filling, grading and stripping, so as to
prevent problems related to erosion, sediment or drainage. In relation to
this purpose the chapter is intended:
A. To 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.
(5) Failure to restore sites to an attractive natural condition.
B. To 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
stormwaters.
(3) Increased slope instability and hazards from landslides
and slumping.
(4) Modifications of the groundwater regime that adversely
affect wells and surface water levels.
C. To protect the Town of Geneva and other governmental
bodies from having to undertake, at public expense, programs of repairing
roads, flood-protection facilities and other public facilities.
D. To ensure that site preparation and construction are
consistent with the Comprehensive Development Plan of the Town of Geneva.
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 agricultural produce, including horticultural
and fruit operations.
CODE ENFORCEMENT OFFICER
The person duly designated by the Town Board of the Town of Geneva
as the Code Enforcement Officer of the Town of Geneva.
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 other 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 from 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 mineral 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, culvert, 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 and 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 and sedimentation control permit has been issued for any activity requiring a permit as listed in §
129-7.
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 or as regulated under Chapter
136, Subdivision of Land, of the Town of Geneva.
B. Site preparation within wetlands regulated by the New
York State Department of Environmental Conservation under the Freshwater Wetlands
Act of the State of New York.
C. Site preparation within any high-density area (R-1 or
R-2) as identified in the Official Zoning Map of the Town of Geneva, and as established in the Zoning Laws of the Town of Geneva where
more than 500 square feet of ground surface is to be disturbed for any reason,
including the construction of any principal or accessory structure or use
(including single-family residences), roads or driveways.
D. Site preparation within the one-hundred-year floodplain and/or floodway of any watercourse as regulated under Chapter
80, Flood Damage Prevention, and Chapter
165, Zoning, of the Town of Geneva.
E. Site preparation requiring site plan or special use permit approval as regulated in Chapter
165, Zoning, of the Town of Geneva.
F. Stripping or grading which affects more than 15,000 square
feet of ground surface within any parcel or any contiguous area.
G. Excavation or filling which exceeds a total of 20 cubic
yards of material within any parcel or contiguous area.
The following activities are exempted from permit requirements:
A. Activities not meeting the criteria in §
129-7 herein.
C. Outside of the high-density areas and the floodplain overlay district, excavations for the basement and footings of single-family houses on a single lot and for septic tank systems, wells and swimming pools attendant to single-family homes on a single lot, not excepting, however, those excavations that are part of an activity required to obtain permits under §
129-7 or which exceed the limits for excavation as identified in §
129-7 herein.
D. Activities subject to permits under Chapter
165, Zoning, of the Town of Geneva for commercial excavation, if any such activities are regulated therein.
E. 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 §
129-7.
F. Governmental activities to the extent such activities
are exempted by law and limited to government properties.
In granting a permit under this chapter the standards and considerations
taken into account shall include the following:
A. Excavation, filling, grading and stripping shall be permitted
to be undertaken only in such locations and in such a manner so as to minimize
the potential of erosion and sediment and so as to minimize any threat to
the health, safety and welfare of neighboring property owners and the general
public.
B. 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.
C. The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
D. The smallest practical area of land shall be exposed
by site preparation at any given time.
E. 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.
F. 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.
G. 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.
H. 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.
I. All fill material shall be of a composition suitable
for ultimate use of the fill, free from rubbish and unsuitable construction
debris, and carefully restricted in its content of brush, stumps, tree debris
and soft or easily compressible material.
J. Fill material shall be compacted sufficiently to prevent
problems of erosion, and where the material is to support structures, it shall
be compacted to a minimum of 90% of standard proctor with proper moisture
control.
K. 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 than 90 days.
L. Prior to, during and after site preparation and construction,
an integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope instability and adverse effects on neighboring
property owners.
M. The natural drainage system shall generally be preserved
in preference to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse effects
on neighboring property owners.
N. All drainage systems shall be designed to adequately
handle anticipated flows both within the site and from the entire upstream
drainage basin.
O. Sufficient grades and drainage facilities shall be provided
to prevent the ponding of water, unless such ponding is proposed within site
plans, in which event there shall be sufficient water flow to maintain proposed
water levels and to avoid stagnation.
P. There shall be provided such measures as benches, berms,
terraces, diversions and sediment, debris and retention basins, where necessary,
to minimize erosion and sediment.
Q. 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 insure long-term performance.
R. Surface drainage features will be preferred over subterranean
systems utilizing catch basins and piping systems. Such surface drainage features
shall utilize erosion-preventing surface material according to generally accepted
engineering practices.
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.