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Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lewiston 11-10-1966 (Ch. 8 of the 1965 Code). Amendments noted where applicable]
Water — See Ch. 334.
When the Town of Lewiston was primarily devoted to agricultural pursuits, the disposal of storm and surface waters was readily handled through farm and road ditches and natural watercourses. With subdivision of farm lands and increasing urbanization, disposal of runoff water has become a growing problem, magnified by interference both inadvertent and intentional with the natural flow of such waters and the creation thereby of hazards to public health and safety. For the purpose of controlling such hazards, this chapter is enacted.
It shall be unlawful for any person, firm, or corporation hereafter:
To construct, install, or erect a drainage ditch, culvert, drain pipe, sluice or other type of structure for the drainage and disposal of surface and stormwaters;
To dam, obstruct, alter, divert or restrict the flow of surface waters through any existing ditch, ravine, watercourse, culvert, drain pipe, sluice or other natural or artificial channel by which surface waters have customarily been conducted toward an ultimate disposition into a body of navigable water; without first having obtained permission therefor from the Town Board as hereinafter provided.
The provisions of the preceding section shall not apply:
To any ditch, drain or water channel located wholly upon the land of a single property owner and so long as there is no interference or change in flow of surface waters from or onto the lands of others, including public and private roads and highways.
To any work performed by public authority, including any performed pursuant to Chapter 596 of the Session Laws of 1935 as amended.
To any grade development of an individual lot required pursuant to the Zoning Ordinance[1] of the Town of Lewiston.
Editor's Note: See Ch. 360, Zoning.
Application for permission to perform any work described in § 340-2 of this chapter shall be submitted in writing to the Town Board, and shall include the following:
Map or diagram of the property with the location and direction of flow of all present and proposed ditches, streams, watercourses, pipes and/or drainage structures which shall specifically disclose the changes and alterations proposed to be made.
Elevations based on U.S. Coast and Geodetic Survey datum of all features shown.
The percent of grade of the flow line of the proposed drainage structure; the size, shape and kind of any pipe, conduit, sluice or other structure to be constructed.
The disposition which will be made of the water being drained or channeled from the premises.
A stormwater pollution prevention plan (SWPPP), if required for the proposed development activity under Article II of Chapter 143 of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 143-5B of the Town Code.
[Added 12-27-2007 by L.L. No. 3-2007]
The application shall be referred immediately to the Town Engineer or other authority designated by the Town Board. The application and site shall be examined by such Engineer or other authority for its compliance with the master drainage system of the Town, and for any alterations or modifications which may reasonably be required in order to avoid possible danger to public health and safety and to provide the orderly disposition of surface and stormwaters into storm drains, ditches or other existing publicly owned or controlled drainage for the area.
If the Town Engineer or other authority designated shall find that the application together with any modifications therein agreed to by the applicant is in accordance with the standards set forth in this chapter, a permit may be immediately issued by the Town Clerk on certification of approval by the Town Engineer or other authority. Notwithstanding the foregoing, if a stormwater pollution prevention plan (SWPPP) was submitted pursuant to § 340-4E of this chapter, a permit shall not be issued unless such SWPPP complies with the performance and design criteria and standards set forth in Article II of Chapter 143 of the Town Code.
[Amended 12-27-2007 by L.L. No. 3-2007]
If the applicant is dissatisfied with the modifications or changes required by the Engineer or other authority, he shall be entitled to a hearing before the Town Board on such notice, if any, to affected property owners as the Board shall require, after which hearing the Board shall determine by order the disposition to be made of the application.
[Amended 12-27-2007 by L.L. No. 4-2007]
All drainage ditches, culverts, drains, sluices and drainage structures shall be kept open and free-flowing at all times, and it shall be unlawful for any person, firm or corporation to throw or place any debris or material of any kind or to cause such to be thrown or placed into any drainage ditch or structure within the Town of Lewiston without having obtained a permit as hereinbefore provided. Notwithstanding the foregoing, it shall be unlawful for any person, firm or corporation to discharge or cause to be discharged into the municipal separate storm sewer system, as defined in § 270-4 of the Town Code, any materials other than stormwater except as provided in Article IX of Chapter 270 of the Town Code.
Violation of any of the provisions of this chapter is hereby declared to be an offense against such chapter.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or both.
The Town Board shall have such other and additional remedies as are provided by law to enforce the provisions of this chapter and to restrain, correct or abate any violations thereof.