[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[1] 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.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel or silt or other material.
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.
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.
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.
The vertical location of the existing ground surface prior
to cutting or filling.
The payment required from the permit tee for inspections
required under the provisions of this chapter.
The payment required from an applicant for the issuance of
a permit under the provisions of this chapter.
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.
A permit issued to authorize work to be performed under this
chapter.
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.
The ground surface in its original state before any grading,
excavation or filling.
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.
An engineer duly registered or otherwise authorized by the
State of New York to practice in the field of civil engineering,
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.
See "debris basin."
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.
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
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.
Fills constructed predominantly of rock materials for the
purpose of supporting structures.
Stabilizations of erosive or sediment-producing areas.
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,[1] 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.Â
A boundary line survey of the site on which the work
is to be performed.
B.Â
A description of the features, existing and proposed,
surrounding the site, of importance to the proposed development.
C.Â
A description o general topographic and general soil
conditions and contours on the site (available from the Dutchess County
Soil Conservation District).
D.Â
The location and description of existing and future
man-made features of importance to the proposed development.
E.Â
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.
F.Â
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.
A.Â
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.
B.Â
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:
A.Â
The subdivision and site plan shall be fitted to the
topography and soils so as to create the least erosion potential.
B.Â
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.
C.Â
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.
D.Â
Wherever feasible, natural vegetation shall be retained
and protected.
E.Â
Where inadequate vegetation exists, temporary or permanent
vegetation shall be established.
F.Â
The smallest practical area of land shall be exposed
at any one time during development.
G.Â
When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
H.Â
Critical areas exposed during construction shall be
protected with temporary vegetation and/or mulching.
I.Â
Sediment basins (debris basin, desilting basins or
silt traps) shall be installed and maintained to remove sediment from
runoff waters from land undergoing development.
J.Â
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development.
K.Â
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.
