[HISTORY: Adopted by the Town Board of the Town of Stanford 8-13-1987 as L.L. No. 3-1987. Amendments noted where applicable.]
This chapter will be known as the "Town of Stanford Soil Erosion and Sediment Control Local Law."
Excessive quantities of soil are eroding within areas that are undergoing development for nonagricultural uses, such as housing developments, industrial sites, roads and recreation areas, in the Town of Stanford. This soil erosion makes necessary costly repairs to gullies, washed out fills, roads and embankments. The resulting sediment clogs storm sewers, muddies streams and silts lakes. Sediment is expensive to remove and limits the use of water for most beneficial purposes. Sediment-choked streams can result in flooding and associated damages, including the threat to public health and safety.
The following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise specifically stated:
- Any individual, corporation or entity who is required under the Zoning Ordinance to obtain a site plan or subdivision approval.
- A signed, written statement by the Zoning Administrator that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this chapter or regulations adopted.
- DEBRIS BASIN
- A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.
- DEVELOPMENT PLAN
- The Official Master Plan of the Town of Stanford which is used as a guide for the appropriate development of various areas of the Town.
- A channel, with or without a supporting ridge on the lower side, constructed across or at the bottom of a slope.
- EMBANKMENT or FILL
- A man-made deposit of soil, rock or other materials.
- The wearing away of the land surface by the action of wind, water or gravity.
- EXCAVATION or CUT
- That portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface to the excavated surface.
- EXISTING GRADE
- The vertical location of the existing ground surface prior to cutting or filling.
- FEE, INSPECTION
- The payment required from the permit tee for inspections required under the provisions of this chapter.
- FEE, PERMIT
- The payment required from an applicant for the issuance of a permit under the provisions of this chapter.
- FINISHED GRADE
- The final grade or elevation of the ground surface conforming to the proposed design.
- Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.
- GRADING PERMIT
- A permit issued to authorize work to be performed under this chapter.
- GRASSED WATERWAY
- A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
- The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
- NATURAL GROUND-SURFACE
- The ground surface in its original state before any grading, excavation or filling.
- ONE-HUNDRED-YEAR FLOODPLAIN
- That area which would be inundated by storm runoff or floodwater equivalent to that which would occur with a rainfall or flood of one-hundred-year recurrence frequency.
- Any person to whom a permit is issued in accordance with this chapter.
- PROFESSIONAL ENGINEER
- An engineer duly registered or otherwise authorized by the State of New York to practice in the field of civil engineering,
- REGULATED GRADING
- Any grading performed with the approval of and in accordance with criteria established by the Zoning Administrator.
- Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site or origin by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- See "debris basin."
- SEDIMENT POOL
- The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
- Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted.
- The degree of deviation of the surface from the horizontal, usually expressed in percent or degree.
- All unconsolidated mineral and organic material of whatever origin that overlies bedrock, which can be readily excavated.
- SOIL ENGINEER
- A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering.
- STANDARDS AND SPECIFICATIONS
- The guidebook entitled "Soil Conservation and Sediment Control," published by the Dutchess County Soil and Water Conservation District, which is a compilation of best design practices for construction-related activities intended to minimize impact upon water quality from soil erosion and sedimentation and which may, from time to time, be updated and/or revised, on an annual basis.
- Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
- STRUCTURAL ROCK FILLS
- Fills constructed predominantly of rock materials for the purpose of supporting structures.
- TEMPORARY PROTECTION
- Stabilizations of erosive or sediment-producing areas.
- VEGETATIVE PROTECTION
- Stabilization of erosive or sediment-producing areas by covering the soil with:
- Any natural or artificial watercourse, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, watery, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or floodwater.
It is suggested that the applicant consult the Town of Stanford Planning Board regarding its effect upon the tract to be developed and the area surrounding it before he submits a preliminary plat for review. He should also become acquainted with the Zoning Ordinance, erosion and sediment control standards and specifications, this chapter and other local laws which regulate the development of land in the Town.
No site plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the standards and specifications of the Dutchess County Soil and Water Conservation District. No approval for a certificate of occupancy for any building will be granted unless all needed erosion control measures have been completed or substantially provided for in accordance with this chapter and the standards and specifications of the Dutchess County Soil and Water Conservation District. The applicant shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of this chapter and to the standards and specifications of the Town of Stanford.
The applicant must submit the following information for the entire tract of land, whether or not the tract will be developed in stages:
A boundary line survey of the site on which the work is to be performed.
A description of the features, existing and proposed, surrounding the site, of importance to the proposed development.
A description o general topographic and general soil conditions and contours on the site (available from the Dutchess County Soil Conservation District).
The location and description of existing and future man-made features of importance to the proposed development.
Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Dutchess County Soil and Water Conservation District.
A reasonable timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
Requirement. Except as exempted by Subsection B of this section, no person shall do any grading, stripping, cutting, filling or other site preparation without a valid grading permit issued by the Zoning Administrator.
Application. A separate application shall be required for each grading permit. Plans, specifications and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a professional engineer or by an architect and shall be reviewed and approved, disapproved or modified by the Zoning Administrator to the Town. The Zoning Administrator may waive the preparation or approval and signature by the applicant's professional engineer or architect when the work entails no reasonable hazard to the adjacent property.
Since considerable soil erosion can take place during construction, plans shall contain proposed erosion and sediment control measures. These measures shall be incorporated into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications established by the Town of Stanford. The measures shall apply to all features of the construction site, including street and utility installations, as well as to the protection of individual lots. Measures shall also be instituted to prevent or control erosion and sedimentation during various stages of development.
Practical combinations of the following general principles will provide effective sediment control when properly planned and applied:
The subdivision and site plan shall be fitted to the topography and soils so as to create the least erosion potential.
Grading of land within the one-hundred-year floodplain or watercourses designated and delineated as being subject to flood hazard will not be permitted unless Chapter 100, Flood Damage Prevention, is complied with regarding flood damage prevention.
Permanent vegetation and improvements such as streets, storm sewers or other features of the development, capable of carrying storm runoff in a safe manner, shall be scheduled for installation to the greatest extent possible before removing the vegetation cover from an area.
Wherever feasible, natural vegetation shall be retained and protected.
Where inadequate vegetation exists, temporary or permanent vegetation shall be established.
The smallest practical area of land shall be exposed at any one time during development.
When land is exposed during development, the exposure shall be kept to the shortest practical period of time.
Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching.
Sediment basins (debris basin, desilting basins or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
The permanent final vegetation and structures shall be installed as soon as practical in the development.
All development, plus specifications and timing schedules, including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with standards and specifications established by the Dutchess County Soil and Water Conservation District. Technical standards for the design and installation of erosion and sediment control measures are available from the office of the Zoning Administrator, at an appropriate fee.
Applicants carrying out soil erosion and sediment control measures under this chapter shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition until a final certificate of occupancy is granted.
The requirements of this chapter shall be enforced by the Zoning Administrator, who shall inspect or require adequate inspection of the work. If the Zoning Administrator finds any existing conditions not as stated in any application, grading permit or approved plan, said Zoning Administrator may refuse to approve further work and issue a cease-and-desist order.
Whenever, by the provisions of this chapter, the performance of any act is required or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this chapter.
All violations shall be corrected within 30 days following date of issuance of written notice to correct.
Any person, firm or corporation who violates, neglects, omits or refuses to comply with any provision of this chapter or any permit or exception granted hereunder or any lawful requirement of the Zoning Administrator shall be fined, on conviction, not less than $50 nor more than $100, together with the cost of prosecution. To promote compliance with the provisions of this chapter, each day that a violation maintains, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of the chapter.
A fee schedule for permits and inspections based upon relevant criteria shall be established by the Town Board of the Town of Stanford.