It is the purpose of this chapter to protect the public health,
safety and welfare in the Town of Pine Plains by regulating site preparation
and construction activities, including excavation, filling, grading
and stripping, so as to prevent problems related to erosion, sediment,
or drainage. In relation to this purpose this chapter is intended
to:
A. Preserve the quality of the natural environment from such adverse
effects of site preparation and construction as:
(1) Pollution
of lakes, ponds and watercourses from silt or other materials;
(2) Unnecessary
destruction of trees and other vegetation;
(3) Exposure
of soil to erosion;
(4) Unnecessary
modification of natural topography or unique geological features;
and
(5) Failure
to restore sites to an attractive natural condition.
B. Protect people and properties from such adverse effects of site preparation
and construction as:
(1) Increased
runoff, erosion, and sediment;
(2) Increased
threat to life and property from flooding or stormwater;
(3) Increased
slope instability and hazards from land slides and slumping; and
(4) Modifications
of the groundwater regime that adversely affect wells and surface
water levels.
C. Protect the Town and other governmental bodies from having to undertake,
at public expense, programs of repairing roads and other public facilities,
of providing flood protection facilities, and of compensating private
property owners for the destruction of properties arising from the
adverse effects of site preparation and construction.
In accordance with Article 9 of the Town Law of the State of
New York, the Town Board of the Town of Pine Plains has the authority
to enact local laws for the purpose of promoting the health, safety
or general welfare of the Town of Pine Plains, including protection
and preservation of the property of its inhabitants. By the same authority,
the Town Board may include in any such local law provision for the
appointment of any municipal officers or employees to effectuate and
administer such local law.
In order that site preparation and construction activities may
be in conformance with the provisions of this chapter, this chapter
is hereby adopted and shall be known and may be cited as the "Erosion
and Sediment Control Local Law of the Town of Pine Plains."
Upon the approval of this chapter by the Town Board, all site
preparation and construction activities requiring a permit under this
chapter shall be in conformance with the provisions set forth herein.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any other law, local law, regulation or private
agreement, this chapter shall control. Where greater restrictions
are imposed by any law, local law, regulation or private agreement
than are imposed by this chapter, such greater restrictions shall
control.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL OPERATIONS
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, including
horticultural and fruit operations (excluding logging activities).
DRAINAGE
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
EROSION
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
EXCAVATION
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
FILLING
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses.
GRADING
The alteration of the surface and/or subsurface conditions
of land, lakes, ponds or watercourses.
MULCHING
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion and encouraging
plant growth.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
SITE PREPARATION
The activities of stripping, excavation, filling and/or grading,
no matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
STRIPPING
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine, or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and banks;
and any area adjacent thereto subject to inundation by reasons of
overflow, flood or stormwater.
WETLANDS
Areas of aquatic or semi-aquatic vegetation, or any areas
which have been mapped as such by the Town Planning Board, the Town
Conservation Advisory Council, the County Department of Planning,
the County Soil and Water Conservation District or the New York State
Department of Environmental Conservation under the Freshwater Wetlands
Act.
In granting a permit under this chapter, the standards and considerations
taken into account shall include, but not be limited to, the following:
A. Excavation, filling, grading, and stripping shall be permitted to
be undertaken only in such locations and in such a manner as to minimize
the potential of erosion and sediment and the threat to the health,
safety, and welfare of neighboring property owners and the general
public;
B. Site preparation and construction shall be fitted to the vegetation,
topography, and other natural features of the site and shall preserve
as many of these features as feasible;
C. The control of erosion and sediment shall be a continuous process
undertaken as necessary prior to, during and after site preparation
and construction;
D. The smallest practical area of land shall be exposed by site preparation
at any given time;
E. The exposure of areas by site preparation shall be kept to the shortest
practical period of time prior to the construction of structures or
improvements or the restoration of the exposed areas to an attractive
natural condition;
F. Mulching or temporary vegetation suitable to the site shall be used
where necessary to protect areas exposed by site preparation, and
permanent vegetation which is well adapted to the site shall be installed
as soon as practicable;
G. Where slopes are to be revegetated in areas exposed by site preparation,
the slopes shall not be of such steepness that vegetation cannot be
readily established or that problems of erosion or sediment may result;
H. Site preparation and construction shall not adversely affect the
free flow of water by encroaching on, blocking, or restricting watercourses;
I. All fill material shall be of a composition suitable for the ultimate
use of the fill, free of rubbish and carefully restricted in its content
of brush, stumps, tree debris, rocks, frozen material and soft or
easily compressible material;
J. Fill material shall be compacted sufficiently to prevent problems
of erosion; and where the material is to support structures, it shall
be compacted to a minimum of 90% of standard Proctor with proper moisture
control;
K. All topsoil which is excavated from a site shall be stockpiled and
used for the restoration of the site, and such stockpiles, where necessary,
shall be seeded or otherwise treated to minimize the effects of erosion;
L. Prior to, during and after site preparation and construction, an
integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope instability, and adverse effects
on neighboring property owners;
M. The natural drainage system shall generally be preserved in preference
to modifications of this system, except where such modifications are
necessary to reduce levels of erosion and sediment and adverse effects
on neighboring property owners;
N. All drainage systems shall be designed to handle adequately anticipated
flows both within the site and from the entire upstream drainage basin;
O. Sufficient grades and drainage facilities shall be provided to prevent
the ponding of water, unless such ponding is proposed within site
plans, in which event there shall be sufficient water flow to maintain
proposed water levels and to avoid stagnation;
P. Where necessary to minimize erosion and sediment, there shall be
provided such measures as benches, berms, terraces, diversions, and
sediment, debris and retention basins; and
Q. Drainage systems, plantings, and other erosion or sediment control
devices shall be maintained as frequently as necessary to provide
adequate protection against erosion and sediment and to ensure that
the free flow of water is not obstructed by the accumulation of silt,
debris or other material or by structural damage.
Where practical difficulties, unnecessary hardships and results
inconsistent with the general purpose of this chapter or certain provisions
thereof are encountered, exceptions may be granted by the Planning
Board.
To the extent inconsistent therewith, this chapter shall supersede
Town Law § 130.