This article, as adopted by the Town of Penfield, shall be known
as the "Stormwater and Erosion Control Law."
Except as hereinafter provided, it shall be unlawful for any
person, firm, entity or corporation to:
A. Modify the topography or surface characteristics of any area greater
than 6,000 square feet that affects the rate of flow, water quality,
or erosive potential of the area modified or neighboring properties,
unless the action has been approved by the Town official or board
having jurisdiction. Recognized agricultural procedures in active
agricultural areas as defined by the New York State Division of Agriculture
and Markets are exempt from the regulations herein defined.
B. Place, deposit or permit to be placed or deposited any debris, fill,
sand, stone or other solid materials of any kind or nature or construction
of any kind into or across any watercourse, including but not limited
to walls, dams, fences or other restrictive materials, culverts, pipes
or other drainage systems that may cause the obstruction or alternation
of flow through the area.
[Amended 12-16-2015 by L.L. No. 3-2015]
C. Fill, obstruct, dam, divert or otherwise change or alter the natural
or artificial flow of waters or drainage or the intensity or quantity
of flow through any stream, ditch, pipe, culvert, watercourse or other
improvement or drainage system. This may include, but is not limited
to, structures, fences, retaining walls, landscaping, pools, or other
appurtenances as determined by the Town.
[Amended 12-16-2015 by L.L. No. 3-2015]
D. Concentrate flow that creates an erosive condition to downstream
channels or creates downstream flooding.
All preexisting obstructions or deposits or alterations or diversions
of the natural flow of water or the intensity or quality of flow through
any watercourse or drainage system which cause the inundation of real
property buildings or other premises; or, in the opinion of the Town,
constitute an undue burden upon the drainage system or hamper the
proper present or future course of development of the drainage system;
or, in the opinion of the Town, presently constitute or in the foreseeable
future will constitute a danger of hazard to the well being, safety
or general welfare of the residents of the Town or any property located
therein; may be removed or corrected by the Town upon 10 days' notice
by the Town. The Town will endeavor to replace improvements necessary
for essential use of the property, such as driveway culverts.
This article is intended to support the requirements established
by the following:
A. Town of Penfield development and construction specifications.
B. Town of Penfield Drainage Policy.
C. Irondequoit Creek Watershed Collaborative Recommendations for Comprehensive
Stormwater Management.
The approval of plans for proposed drainage systems and flood
hazard prevention requirements shall not constitute a representation,
guaranty or warranty of any kind or nature by the Town of Penfield
or by an officer or employee thereof of the safety, operation, adequacy
or intent of the proposed facilities and shall create no liability
upon or cause for action against such public body, officer or employee
for any damage that may result from construction pursuant thereto.