[HISTORY: Adopted by the Town Board of the Town of South Bristol 8-8-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
Zoning — See Ch. 170.
The purpose of this chapter is to mitigate the potentially adverse effects of sediment-laden stormwater runoff resulting from soil disturbance on steep slopes, to protect the water quality of Canandaigua Lake as well as the watercourses throughout the Town and to promote the health, safety and general welfare of the Town of South Bristol.
Authority. The Town of South Bristol has the authority to enact this chapter pursuant to the Municipal Home Rule Law of the State of New York for the purpose of promoting the health, safety or general welfare of the Town of South Bristol.
Jurisdiction. Upon approval of this chapter by the Town of South Bristol, all nonexempt soil disturbance activities required under this chapter shall be in conformance with the provisions herein.
Applicability. Any property owner or agent thereof proposing to engage in soil disturbing activity within the Town of South Bristol shall verify with the Code Enforcement Officer whether a steep slopes permit is required. The Code Enforcement Officer has the official maps and online data to ascertain if the proposed disturbance is in a "steep slope area" as well as disturbance thresholds based on proximity to Canandaigua Lake and the listed watercourses throughout the Town of South Bristol. If the Code Enforcement Officer determines that a steep slope permit is required, an erosion and sediment control plan designed by a licensed professional must be submitted prior to commencing work.
Interpretation and construal. The provisions of this chapter shall be held to the minimum standards and requirements for the health, safety, and general welfare of the Town of South Bristol. If any section, paragraph, subdivision or provision of this chapter shall be held invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision adjudged invalid, and the rest of this chapter shall remain valid and effective. This chapter shall be strictly construed to promote the purpose of this chapter as above set forth.
When used in this chapter, the following terms shall have the meanings herein ascribed to them:
- AREA OF DISTURBANCE
- An area depicted on the applicant's initial request measured in square feet. If a professional plan is required, said professional shall calculate an area of disturbance based upon the scope of the work proposed and the terrain of the disturbed area. If a disparity exists between the applicant's initial calculations and that of the licensed professional, the professional calculations will take precedence.
- NATURE TRAIL
- Any path less than seven feet in width; said trail shall not have an impervious surface of any kind.
- ONCOR (ONTARIO COUNTY ONLINE RESOURCES)
- This is the official resource utilized by the Code Enforcement Officer to determine the applicability of the steep slopes requirements. The online resource will detail the following information:
- RECONSTRUCTION (AS PERTAINING TO DRIVEWAYS)
- The effort to remove and replace the existing driveway base, the widening of the existing driveway by 25% or greater, or the relocation of the existing driveway to another location.
- SOIL DISTURBANCE
- A defined area of land where the natural vegetative cover has been removed or is proposed to be removed. Soil disturbance is inclusive of placing or filling soil on top of the natural vegetative cover.
- STEEP SLOPES MAP
- A hard copy map derived from ONCOR in the possession of the Code Enforcement Officer's office. The hard copy map will detail the line at 2,000 feet from the mean high-water mark on Canandaigua Lake.
- TEN-YEAR STORM
- The surface runoff resulting from a rainfall of intensity expected to be equaled or exceeded, on average, once in 10 years, and of duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
Thresholds. The following thresholds have been established regarding soil disturbances on steep slopes as determined by the official South Bristol Steep Slopes Map and ONCOR (Ontario County Online Resources). The following thresholds will determine if a steep slopes permit is required:
In the event that the slope of any part of the disturbed area will be equal to or greater than 15% and if any of the following three conditions apply, then a steep slopes permit is required unless the disturbance is the result of an exempted activity in § 148-5 hereof.
There will be 1,000 square feet or greater of steep slopes disturbance totally within 2,000 horizontal feet of Canandaigua Lake.
There will be 2,000 square feet or greater of steep slopes disturbance totally within 100 horizontal feet of a watercourse.
There will be 12,000 square feet or greater of steep slopes disturbance in any other area of the Town.
The following activities do not require a steep slopes permit:
Agriculture related to soil cultivation.
Nature trails less than seven feet in width.
Permitted mining activities.
Maintenance of existing driveways, not to include reconstruction (see definition).
Commercial ski area operations.
Emergency situations; where the disturbance is required to protect persons or property from imminent danger. These must be reported to the Town of South Bristol Code Enforcement Officer within 48 hours of the disturbance.
Steep slope permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. The permit shall expire 24 months after the date of issuance. A permit which has expired pursuant to this subsection may be renewed for one additional six-month-time period at no charge upon application by the permit holder and approval of the application by the Code Enforcement Officer. Upon expiration of the six-month extension period, if the authorized work has not been completed, the permit shall expire and a new permit must be applied for along with payment of any required application fee.
The applicant shall identify the area of disturbance and location and have the Code Enforcement Officer determine if a permit is required.
The applicant shall sign a steep slopes permit application and submit such application to the Code Enforcement Officer. The applicant's signature on the application shall signify the applicant's consent to the Code Enforcement Officer (CEO) entering the premises for inspection purposes related to the enforcement of this chapter and shall further permit the CEO to bring other persons onto the premises whom the CEO deems necessary to provide assistance in conducting such inspections, such persons to include, but not be limited to, the Canandaigua Lake Watershed Manager, the Canandaigua Lake Watershed Inspector, a representative from the Ontario County Soil and Water Conservation District and/or a licensed engineer.
[Amended 5-14-2015 by L.L. No. 3-2015]
If a permit is required, a professional plan shall be submitted in accordance with the requirements set forth in § 148-8 hereof.
The permit holder shall notify the Code Enforcement Officer of the date that the soil disturbance is to begin. The notification shall take place five business days prior to commencing the soil disturbance.
All plans shall be prepared by a New York State licensed professional engineer or landscape architect.
Plans shall be drawn at a scale of not less than one inch equals 30 feet.
Plans shall provide the existing and proposed topography of the area of disturbance at a contour interval of not more than two feet. Contours shall be shown for a distance of at least 50 feet beyond the limits of the proposed area of disturbance. If the fifty-foot limit extends into an adjoining parcel, that portion is exempted from the contour line provision.
Plans shall provide the location of the proposed area of disturbance and its relation to adjacent properties, buildings, septic systems, utilities, wells, and driveways.
All existing and proposed natural or artificial drainage courses shall be on the plans along with their drainage capacity. Plans shall calculate the drainage capacity of the most immediate downstream drainage culvert for the ten-year design storm and determine if it can handle the increase from the proposed construction. In the event the anticipated peak flow exceeds the existing culvert capacity, and no alternative to reduce the peak flow exists, then the Code Enforcement Officer shall be notified. See § 148-10F hereof.
An erosion and sediment control plan showing sequence of construction along with the location of all temporary and permanent erosion and sediment control measures shall be submitted. The submitted plan shall include the entire area of disturbance and not just the steep slope portion. All erosion and sediment control practices shall comply with the latest edition of the New York State Standards and Specifications for Erosion and Sediment Control.
Steep slope disturbed areas that are left inactive for more than seven days shall be temporarily stabilized with straw mulch or equivalent as identified in the latest edition of the NYS Standards and Specifications for Erosion and Sediment Control.
After project completion, the applicant shall send the Town a letter from the licensed professional stating that the work was completed in conformance with the engineered plans from the licensed professional.
An applicant that is aggrieved by an order, requirement, decision, or determination by the Code Enforcement Officer may seek a review from the South Bristol Zoning Board of Appeals. This recourse is limited to the administrative review of the Code Enforcement Officer's determination regarding the setbacks from the watercourses and square footage of the disturbed area. The Zoning Board of Appeals shall not be empowered to allow variances to the dimensional criteria as defined in § 148-4, the threshold tables.
If the disturbed area is deemed to be in a steep slope as depicted on the official maps and the applicant disagrees, then the applicant shall prove otherwise with a survey and a certified letter by a NYS licensed surveyor, engineer, or landscape architect.
The Code Enforcement Officer shall determine if a steep slope permit is required.
If a steep slopes permit is not required, the Code Enforcement Officer will indicate the determination on the steep slopes application form and file accordingly.
The Code Enforcement Officer shall have the right of entry to inspect in order to verify adherence to the submitted plan. By signing the permit application or letter, the property owner shall consent to the Code Enforcement Officer (CEO) entering the premises for inspection purposes related to the enforcement of this chapter and shall further consent to the CEO bringing other persons onto the premises whom the CEO deems necessary to provide assistance in conducting such inspections, such persons to include, but not be limited to, the Canandaigua Lake Watershed Manager, the Canandaigua Lake Watershed Inspector, a representative from the Ontario County Soil and Water Conservation District and/or a licensed engineer.
[Amended 5-14-2015 by L.L. No. 3-2015]
If the Code Enforcement Officer detects visible evidence of sediment leaving the property, then he/she shall notify the permit holder to take corrective action.
The Code Enforcement Officer shall notify the appropriate Highway Department for any publicly maintained culvert capacity issues as detailed in § 148-8E.
The Code Enforcement Officer will file the notification from the licensed professional attesting to the fact that the work was completed in conformance with the submitted plan.
If the determination is made that a steep slopes permit is not required, a fee will not be assessed.
If a steep slopes permit is required, a fee will be assessed. The fee schedule shall be established by resolution of the Town Board of this Town and may be amended from time to time by like resolution.
The responsibility for adherence to this chapter lies solely with the property owner(s) of record for the parcel in question.
If the Code Enforcement Officer determines any of the following, then the Code Enforcement Officer shall issue a stop-work order per § 84-5 to cease all work being performed:
The submitted professional plan is not being followed;
The area of the disturbance exceeds the dimensions set forth in the application or professional plan or the location of the disturbance is different than that set forth in the application or professional plan;
A steep slopes permit has not been issued for the work being performed; or
Sediment is leaving the property.