[HISTORY: Adopted by the Town Board of the Town of Hartland 7-14-1983 by L.L. No.
2-1983. Amendments noted where applicable.]
In order to provide for the safety, health and well-being of
the persons and property in the Town of Hartland and to protect and
enhance the Town's physical environment, it is hereby declared to
be the policy of the Town Board to regulate and control surface drainage
in the Town of Hartland.
It shall be unlawful for any person, firm, entity or corporation,
without a permit issued by the Town of Hartland, County of Niagara,
State of New York, or the United States of America, to:
A.
Fill, obstruct, dam, divert or otherwise change or alter the natural
or artificial flow of water through any stream, ditch, pipe, culvert
or watercourse which would affect adjoining properties.
B.
Construct, erect or replace bridges and culverts on all watercourse
ditches, streams or sluices which affect adjoining properties.
C.
Do any construction, soil movement and/or regrading where alteration
of the natural drainage pattern results, except in agriculturally
zoned areas and/or districts.
D.
Place, deposit, or permit to be placed or deposited, any debris,
fill or other solid material of any kind or nature into or across
any stream, ditch, culvert, pipe or artificial watercourse.
All applications for a permit to do any of the acts set forth in § 125-2 shall be made in writing to the Town of Hartland Highway Superintendent, and such application shall have annexed thereto a map or sketch, drawn to scale, showing the existing drainage patterns in the area and a map showing the resultant drainage patterns after the work for which the permit has been granted is completed. In the exercise of discretion and for judgment to grant or deny any permit application, the Town Superintendent of Highways shall give consideration to the effect such proposed change may have on the health, safety and general welfare of the inhabitants and the physical environment.
Any person, firm, entity or corporation found to be in violation
of the provisions of this chapter shall be served with a written notice,
at the direction of the Town Board, stating the nature of the violation
and requiring the remedy thereof within 30 days of the notice. Should
the person, firm, entity or corporation receiving said notice remedy
the violation within 30 days, no further action shall be taken. Should
any violation remain unremedied after the 30 days expire, the person,
firm, entity or corporation in violation shall be guilty of a violation
of this chapter as an offense punishable by a fine of not more than
$250.
This chapter shall apply to all areas within the Town of Hartland,
except within the Incorporated Village of Middleport.
