This local law shall be known as the "Drainage Control Law."
As used in this chapter, the following terms shall have the
meanings indicated:
AQUIFER
A water-bearing rock or soil strata.
CLOSED DRAINAGE
A network of artificial conduits and pipes constructed to
convey the runoff of natural waters.
DEVELOPER
The actual owner or owners of the land and/or a person, firm
or corporation which shall develop or use land within the Town in
such a manner that it in any way affects the storm- or surface water
drainage characteristics of the property developed or used. The term
"developer" shall include municipal, charitable and educational corporations,
institutions, associations and governmental agencies.
DEVELOPMENT
Any improved land use, including residential, commercial,
industrial, institutional or recreational.
DRAINAGE EASEMENT
A permanent right-of-way granted by the owner to the Town
or other entity providing unhindered access to the banks and channel
of streams and drainage systems.
DRAINAGE REPORT
A report entitled "Drainage Study, Town of Alden, August
1966."
DRAINAGE SYSTEM
A network consisting of any combination or type of open channels
and enclosed artificial facilities employed to convey the runoff of
natural waters.
ENCROACHMENT LIMIT
The boundary of a maintenanceway easement adjacent to a drainage
channel within which no building or structure shall be erected, or
trees, bushes or other plantings planted or allowed to grow, which
shall interfere with the maintenance of the drainage channel.
FLOW RATE
The quantity of water which moves past a given point in an
increment of time.
OPEN DRAINAGE
A network of natural streams, constructed channels and ditches
employed to convey the runoff of natural waters.
SOIL MAP
Soil Interpretations, Town of Alden, August 1974.
SURFACE WATER
That portion of natural precipitation which moves across
the land surface via channels, ditches, etc., to permanent watercourses.
WATER TABLE
The level below which the soil is saturated with water.
WETLANDS
Lands and submerged lands commonly called "swamps" or "marshes"
which support aquatic or semiaquatic vegetation, plants or brush.
[Amended 12-3-2007 by L.L. No. 4-2007]
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 so 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 Alden, shall be excluded from any drainage systems as herein
defined.
C. Drainage easements and additional areas, as dedicated under these
provisions, need not be fenced, but shall be identified by monuments
acceptable to the Town Engineer, and if directed by the Town Engineer,
set at an angle point and at such other locations which allow intervisibility.
D. Surface waters and drainage, where identified as being significant
sources of groundwater replenishment and where such resources are
being utilized as a potable water supply, all as determined by the
Town Engineer, shall not be revised or altered except by approved
permit.
E. The requirements of the Town of Alden "Law to Prohibit Illicit Discharges,
Activities and Connections to Separate Storm Sewer System" and the Town of Alden "Stormwater Management and Erosion
and Sediment Control Law" of the Alden Town Code must be followed. Whenever the
requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
Except as hereinafter provided, it shall be unlawful for any
person, firm, entity or corporation to:
A. Modify the topography or surface qualities of any area not covered
by other Code provisions so that the water retention characteristics
of the area are modified, unless the action has been approved by a
permit granted as herein provided. Recognized agricultural procedures
in areas zoned for such purpose are exempted from the regulations
herein defined.
B. Place, deposit or permit to be placed or deposited any debris, fill,
sand, stone or other solid materials of any kind or nature or construction
of any kind into or across any stream, ditch, culvert, pipe, watercourse
or other drainage system.
C. Construct and/or place any ditch, pipe, culvert or artificial watercourse
of any kind or nature which shall collect and direct the flow of natural
surface waters or drainage, or increase in intensity or quantity the
flow of surface waters or drainage from paved surfaces, structures,
roads or improvements directly into any stream, ditch, culvert, pipe
or watercourse or other drainage system unless the action has been
approved by a permit as herein provided.
D. Fill, obstruct, dam, divert or otherwise change or alter the natural
or artificial flow of waters or drainage or the intensity or quantity
of flow through any stream, ditch, pipe, culvert, watercourse or other
improvement or drainage system unless the action has been approved
by a permit as herein provided.
All existing obstructions, dams, diversions, construction of
any kind, deposits of debris, fill, sand or other solid material,
or other alterations or diversions of the natural flow of water or
the intensity or quality of flow, through, across or to any stream,
ditch, culvert, watercourse or other drainage system, which cause
the inundation of real property, buildings or other premises; or,
in the opinion of the Town Engineer, constitute an undue burden upon
the drainage system or hamper the proper present or future course
of development of the drainage system; or, in the opinion of the Town
Engineer, presently constitute or in the reasonable foreseeable future
will constitute a danger or hazard to the well-being, safety or general
welfare of the residents of the Town or any property located therein;
or constitute, in the case of wild growth of natural vegetation or
brush, an obstruction which may cause flooding, inundation or diversion
of water upon other premises; shall be removed or corrected by the
owners of the premises upon which said obstruction, dams, diversions,
construction deposits or other alterations of the natural flow of
water are situated within 60 days after written notice to remove or
correct same by the Town Engineer; subject, however, to appeal by
such owner to the Town Board within 60 days of such notice, or immediately
if determined by the Town Engineer to be an immediate threat to life
or property if left unattended.
Before review by the Planning Board 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.
(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 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 Federal-Housing-Administration-type
grading plan.
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 Alden, 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.