[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.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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:
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.
Any path less than seven feet in width; said trail shall
not have an impervious surface of any kind.
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:
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.
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.
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.
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:
A.
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.
(1)
There will be 1,000 square feet or greater of steep slopes disturbance
totally within 2,000 horizontal feet of Canandaigua Lake.
(2)
There will be 2,000 square feet or greater of steep slopes disturbance
totally within 100 horizontal feet of a watercourse.
(3)
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:
A.
Agriculture related to soil cultivation.
B.
Gardening activities.
C.
Nature trails less than seven feet in width.
D.
Timber harvesting.
E.
Permitted mining activities.
F.
Government activities.
G.
Maintenance of existing driveways, not to include reconstruction
(see definition).
H.
Commercial ski area operations.
I.
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.
A.
The applicant shall identify the area of disturbance and location
and have the Code Enforcement Officer determine if a permit is required.
B.
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]
C.
If a permit is required, a professional plan shall be submitted in accordance with the requirements set forth in § 148-8 hereof.
D.
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.
A.
All plans shall be prepared by a New York State licensed professional
engineer or landscape architect.
B.
Plans shall be drawn at a scale of not less than one inch equals
30 feet.
C.
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.
D.
Plans shall provide the location of the proposed area of disturbance
and its relation to adjacent properties, buildings, septic systems,
utilities, wells, and driveways.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
A.
The Code Enforcement Officer shall determine if a steep slope permit
is required.
B.
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.
D.
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]
E.
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.
F.
The Code Enforcement Officer shall notify the appropriate Highway Department for any publicly maintained culvert capacity issues as detailed in § 148-8E.
G.
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.
A.
If the determination is made that a steep slopes permit is not required,
a fee will not be assessed.
B.
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.
A.
The responsibility for adherence to this chapter lies solely with
the property owner(s) of record for the parcel in question.
B.
Enforcement.
(1)
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:
(a)
The submitted professional plan is not being followed;
(b)
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;
(c)
A steep slopes permit has not been issued for the work being
performed; or
(d)
Sediment is leaving the property.
