The provisions contained in this article, together with the Town drainage report, maps and charts appended thereto, which are hereby incorporated in this article, are for the purpose of achieving and maintaining an adequate, efficient and balanced drainage and flood prevention system coordinated with existing and projected land uses and in compliance with minimum protection levels to be integrated with all public works planning, open land uses, conservation objectives, watershed management and any community-inspired proposals designed to promote the public welfare, but not prejudicial to or inconsistent with the primary purpose of adequate drainage and flood hazard prevention requirements.
A. 
Applicability. The requirements set forth in this article shall apply only to development within the Town of Lewiston that is not already subject to review under Article II of this chapter.
B. 
Conflict. Where any of the conditions imposed by any provision of this article are either more restrictive or less restrictive than comparable conditions imposed by the provisions of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
A. 
Developments shall be protected from flood hazard and inundation by stormwater, springs and other surface waters. The design and construction of drainage systems shall be such that watercourses traversing the development and natural water emanating from within the development will be carried through and off the development without injury to improvements, building sites or buildings existing or to be installed within or adjacent to the tract. Drainage water entering the development shall be received and discharged at locations and as nearly as possible in the manner that existed prior to construction of the drainage facilities within the development. The design of drainage facilities within the development shall be such that they will conform to the ultimate drainage requirements of the land uses within the development watershed. The discharged flow at the downstream area of the development shall be conducted in drainage facilities such that the flow effects shall be restored as near to predevelopment conditions as possible prior to leaving the development area or reasonably distant therefrom.
B. 
All domestic and industrial sewage as defined by the Sewer Ordinance of the Town of Lewiston[1] shall be excluded from any drainage systems as herein defined.
[1]
Editor's Note: See Ch. 270, Sewers.
C. 
Drainage easements and rights-of-way and additional areas as dedicated under these provisions need not necessarily be fenced but shall be identified by monuments, acceptable to the Town Engineer, set at an angle point and at such other location which allow intervisibility. In special cases, such as extra-deep ditches or storage ponds, the Town may require safety precautions.
A. 
Hydrologic.
(1) 
The drainage channels for watercourses identified in the Town drainage report and drainage map (Exhibit 1[1]) shall be provided to accommodate not less than the minimum flows indicated in the drainage report appendix. These values shall be independently verified by their users using hydrologic technology recommended herein, and the hydrologic analysis thereof shall become a part of the supporting data of the proposed drainage plans. The minimum flow requirements for the ultimate channel of the watercourses shall be determined in accordance with an average recurrence interval of 10 years, in the determination of the ultimate channel. Rainfall intensities are shown graphically and tabulated for the Town of Lewiston in Exhibits 3 and 4.[2] Subdivision designers may assume i = 15 minutes to achieve saturation or minimum rainfall duration.
[1]
Editor's Note: Exhibit 1, Official Drainage Map, is on file and available for public inspection in the office of the Town Clerk.
[2]
Editor's Note: Exhibit 3, Rainfall Intensity, Duration, Frequency-Buffalo, N.Y., and Exhibit 4, Rainfall Intensity and Duration, are on file and available for public inspection in the office of the Town Clerk.
(2) 
The capacity of the channel that will occupy the ultimate drainage easement or right-of-way within the development shall be based on the ultimate runoff coefficients computed in the drainage report and shown on Exhibit 2.[3] As the anticipated ultimate land use changes from time to time, the runoff coefficients may be revised.
[3]
Editor's Note: Exhibit 2, Ultimate Runoff Coefficients, is on file and available for public inspection in the office of the Town Clerk.
(3) 
Design flows.
(a) 
Design flows for minor and secondary drainage systems may be determined by the developers engineer by use of the rational method or an accepted modification thereof. Minor and secondary drainage systems are considered to have a tributary area (A) less than four square miles.
Q = C i A
Where:
Q
=
project design flow in cubic feet per second
C
=
design coefficient of runoff (see Exhibit 2[4])
i
=
intensity of rainfall in inches per hour (see Exhibits 3 and 4[5])
A
=
tributary drainage area in acres. Must include entire upstream drainage area, not just area to be developed.
[4]
Editor's Note: Exhibit 2, Ultimate Runoff Coefficients, is on file and available for public inspection in the office of the Town Clerk.
[5]
Editor's Note: Exhibit 3, Rainfall Intensity, Duration, Frequency-Buffalo, N.Y., and Exhibit 4, Rainfall Intensity and Duration, are on file and available for public inspection in the office of the Town Clerk.
(b) 
Rainfall intensity and duration frequency charts are included in the Lewiston drainage report and attached exhibits. Working copies may be obtained from the Town Clerk.
B. 
Hydraulic.
(1) 
The hydraulic design of development drainage systems shall be in accordance with modem standard procedures, endorsed by the American Society of Civil Engineers.
(2) 
Hydraulic design shall conform to the latest professional manuals dealing with the many facets which constitute a comprehensive drainage system. Reference to manual sources herein are for only the principal features of drainage systems having a tributary area (A) greater than four square miles. These do not imply any limitations in the use of such references, but rather should be supplemental with all essential detailed references to assure sound design.
(3) 
Manning formula.
(a) 
For the design of minor and secondary drainage systems, the basic formula and minimum standard for enclosed pipe design and open channel flow shall be the Manning formula. This formula, relating flow rate to carrier geometry, is as follows:
V = 1.486 n-1
R2/3
S1/2
Q = 1.486 n-1
AR2/3
S1/2
Where:
Q
=
peak rate of runoff in cubic feet per second
A
=
cross-sectional area of the flow in square feet
V
=
velocity in feet per second
R
=
hydraulic radius in feet (area divided by wetted perimeter)
S
=
slope of the carrier in feet per foot
n
=
roughness coefficient of
0.013 for concrete pipe
0.024 for corrugated metal pipe
0.016 to 0.040 for open channels depending on proposed channel living
(b) 
The velocity in all enclosed carriers of the drainage system should be 2.5 feet per second with an absolute minimum of 2.0 feet per second. Channel sections are to be designed trapezoidal with side slopes of two horizontal to one vertical and have a minimum bottom depth of four feet (see Exhibit 5[6]).
[6]
Editor's Note: Exhibit 5, Open Channel Flow, is on file and available for public inspection in the office of the Town Clerk.
(4) 
Roadway culverts between ditches shall be designed using the criteria and nomographs presented in the Bureau of Public Roads Hydraulic Engineering Circular No. 5 and the Erie-Niagara Regional Planning Board's Storm Drainage Design Manual. Minimum size driveway culvert shall be 20 lineal feet of fifteen-inch pipe with end sections or headwalls.
(5) 
Drainage downstream. The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Town Engineer. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility during a ten-year storm, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provision has been made for the improvement of said condition or until an acceptable storage basin design has been submitted by the developer. Storage basins (retention or detention basins) must aesthetically blend into the overall development in order to be considered and approved by the Town.
(6) 
A development grading plan, similar to the F.H.A. grading plan, indicating a contour interval suitable for the map scale, shall be provided to the Town showing detailed comprehensive and efficient surface drainage for all lots within and immediately adjacent to the development. The grading map shall give finish grade elevations on all lot corners as well as at the building. Lots with B- or C-type grading shall have to be provided with a minimum four-inch drain tile along the rear lots and a receiver at every second lot line.
C. 
Structural. Catch basins, manholes, inlet structures and other appurtenances placed within the development shall conform to standards approved by the Town Board. The structural design of all drainage appurtenances shall be subject to the approval of the Town Engineer and shall conform to standard specifications adopted by the Town Board as the same may from time to time be amended.
(1) 
Channels. The minimum center-line radius of constructed curved channels shall be at least three times the bottom width of the channel for subcritical flow. The minimum bottom width of constructed channels shall be four feet. The creation of an excessive number of curves in open channels shall be avoided by reason of the increase in friction loss and the potential erosion due to spiral flow. Outer bank protection, especially at the downstream end of the curve and to a lesser degree on the inner bank at the beginning of the curve, may be required by the Town Engineer. Earth channels constructed within the development shall have side slopes of one on two or flatter and shall be landscaped prior to acceptance by the Town of Lewiston.
(2) 
Enclosed conduits. Except for adequate natural watercourses, all storm drainage within the development which is capable of being transmitted in a pipe 36 inches in diameter or smaller shall be carried in an enclosed conduit. This size may be varied, either increased or decreased according to topographic conditions or an economic analysis of the cost of conduit against an equivalent open channel including the right-of-way land value, provided that the ultimate selection is in the public interest. The minimum conduit size shall be 15 inches in diameter. Manholes shall be provided at all changes in grade and direction. Spacing of manholes and minimum cover of conduit shall conform to standard practice endorsed by the American Society of Civil Engineers, and manhole spacing shall be no greater than 400 feet apart for pipe 36 inches in diameter and smaller. Inverted siphons shall not be permitted except for temporary structures.
(3) 
Storage basins shall be provided by detention and retention basins acting with open channel systems and should be calculated on the basis of the one-hundred-year recurrence rainfall. The detention volume required is that necessary to retain the runoff of a one-hundred-year rainfall, for any and all durations, from the fully developed tributary area, less that volume discharged during the same duration.
A. 
Easement for enclosed conduits and appurtenances. An easement not less than 20 feet in width, sufficient to contain the enclosed conduit and appurtenances thereof and to provide working space for personnel and equipment for the servicing thereof, shall be indicated on the map of the development and designated as follows: "Drainage Easement to Town of Lewiston." Drainage easements for enclosed conduits shall, insofar as possible, be placed along or adjacent to lot boundary lines in a parallel and straight alignment.
B. 
Right-of-way for natural watercourses.
(1) 
Natural major watercourses which traverse a development shall be preserved by a right-of-way of sufficient width, including overbanks, which will adequately pass the project design flow (see Exhibit 5[1]). The gross allowable depth of flow shall not create a flood hazard to existing or proposed developments and improvements. The channel and overbank widths, together with a minimum fifty-foot total maintenanceway, shall constitute the floodway encroachment limits as shown on Exhibit 5.[2] Wherever such natural watercourses are endowed with significant natural beauty and have adequate capacity, or have been determined to have value for fish and wildlife, the developer may dedicate widths in addition to those required above on the map of the development in lieu of fees for parks and recreation.
[1]
Editor's Note: Exhibit 5, Open Channel Flow, is on file and available for public inspection in the office of the Town Clerk.
[2]
Editor's Note: Exhibit 5, Open Channel Flow, is on file and available for public inspection in the office of the Town Clerk.
(2) 
In natural minor and secondary watercourses which contain insufficient waterway area to convey the flow from the ultimate development, but which may prove deficient only at infrequent intervals and locations, and where minor improvements could provide an adequate channel and still preserve in the main the natural channel beauty or fish and wildlife values, the developer may make such minor channel improvements as are required to provide a channel which would otherwise meet the conditions of these regulations. However, the developer shall dedicate the full width required to contain the ultimate channel together with a minimum fifty-foot-wide-total maintenanceway (see Exhibit 5[3]). The outside of the continuous maintenanceway shall constitute encroachment limits. Additional widths of scenic areas and areas of natural wetlands, which for economic reasons or limited suitability would not warrant improving for urban development, may be dedicated by the developer in addition to those above. Areas offered for dedication to the Town as drainage rights-of-way, if considered of special interest to the Town by the Planning Board, may be considered by the Planning Board as dedication for municipal purposes in lieu of fees for parks and recreation.
[3]
Editor's Note: Exhibit 5, Open Channel Flow, is on file and available for public inspection in the office of the Town Clerk.
C. 
Right-of-way for constructed channels and appurtenances. Earth channels constructed within the development shall have minimum fifty-foot right-of-way dedicated. The ultimate channel shall meet the flow requirements for the development of the tributary drainage area. The allowable depth of flow to pass the project design flow shall not create a flood hazard to existing and proposed developments and improvements. A minimum of one foot freeboard above the design hydraulic gradient shall be provided to contain the effects of flow transmission factors. The outside of the continuous maintenanceway shall constitute encroachment limits. The right-of-way for constructed channels shall be indicated on the map of the development and designated as follows: "Drainage Right-of-Way to Town of Lewiston."
Before final Planning Board approval of a development plan, the developer shall submit drainage plans with a report containing sufficient data for the Town Engineer to check the feasibility of the drainage system as proposed by the developer. The following data shall be included:
A. 
Hydrologic (at all critical points within the development):
(1) 
Tributary drainage area delineated on the map.
(2) 
Times of concentration.
(3) 
Rainfall intensity.
(4) 
Runoff coefficients.
(5) 
Design flow and protection level.
B. 
Hydraulic:
(1) 
The plan and profile of all drainage systems shall be provided.
(2) 
Sizes and types of drainage improvements, including special structures, typical sections, easements, width, right-of-way and fencing.
(3) 
When required, supporting calculations for upstream and downstream channel capacities as they affect water surface levels and backwater within the development. Such calculations shall be supported by such additional survey information as may be required to determine profile and cross-section of the upstream and downstream channel reaches of the development under consideration.
(4) 
A development grading plan prepared to suitable contour intervals with grading details to indicate proposed street grades and elevations, building site elevations and surface elevations at critical points throughout the development (similar to the F.H.A. type grading plan).
A. 
The final construction plans for drainage disposal within the development shall conform to the provisions of these regulations, subsequent amendments thereto, and any particular conditions as required by the Town Engineer in approving the proposed plans and supporting data thereof. The construction plans for the drainage requirements shall be approved by the Town Engineer prior to the construction of any drainage facilities within the development.
B. 
The plans shall bear the certification of a professional engineer as evidence of the professional responsibility for the drainage planning within the development.
C. 
All drainage construction shall be subject to inspection by the Town Building Inspector or the Town Engineer. Any field changes which affect the intent of these provisions shall have the prior approval of the Town Engineer.
In order to ensure the proper performance of the work to be completed under plans as approved under § 143-16 above, the Town may require a cash deposit or a performance bond issued by an acceptable bonding or surety company.
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 Lewiston 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.
The provisions of §§ 143-10 through 143-18 hereof are intended to apply primarily to runoff of natural waters in subdivisions and other developments of land use occurring after the enactment of this article and are not intended to repeal or amend the provisions of Local Law No. 8-1966, being Chapter 340 of the Code of the Town of Lewiston, except to the extent that the provisions of this article are inconsistent therewith, in which case the provisions hereof shall govern.
Before issuing any building permit within the Town of Lewiston, the Building Inspector shall review the application to determine whether the site is located within any flood hazard area or is reasonably safe from flooding. If he shall find that the site is subject to flood hazard, he shall require that the construction be designed and anchored as to prevent flotation, collapse or lateral movement, that the construction materials used and the method of construction are resistant to flood damage, and that adequate drainage is provided to reduce exposure to flood hazards.
A. 
A violation of any of the provisions of this article is hereby declared to be an offense against such article.
B. 
For every violation of any provision of this article, the person violating the same shall be subject to a fine of not more than $100 or imprisonment for not exceeding 30 days, or both.
C. 
Violation of any provision of this article shall constitute grounds for revocation of the building permit or for refusal of issuance of a certificate of occupancy.
D. 
The Town of Lewiston shall have such other and additional remedies as are provided by law to enforce the provisions of this article and to restrain, correct or abate any violations thereof.