[HISTORY: Adopted by the Town Board of the Town of Ogden 1-10-1968 by L.L. No. 1-1968; amended in its entirety 12-13-1995 by L.L. No. 9-1995 (Ch. 64 of the 1995 Code). Subsequent
amendments noted where applicable.]
A.
The rapid growth in the Town of Ogden and consequent improvement
and construction of buildings, paved surfaces, roads and other improvements
has altered and continues to alter the natural flow of surface waters
on the land which, together with the construction of culverts, drains
and ditches for the carrying off of surface waters, has both increased
the quantity of storm and surface drainage and amplified in quantity
and intensity the extent of runoff and surface flow, leading to present
and potential flooding of property and homes, soil erosion, danger
to health, injury and destruction of property. The development of
appropriate facilities to meet the needs of the community has been
inadequate, with the consequent result that a serious problem and
danger has arisen to the heath, welfare, well-being and property in
the Town of Ogden.
B.
It is the intention of the Town Board to protect the citizens of
the Town of Ogden, to prevent the dangers arising from improper drainage,
improper drainage facilities in areas of poor drainage and high groundwater,
inadequate construction of drainage facilities and unwise diversion,
use and obstruction of streams and watercourses and to plan for the
present and future use of drainage systems and watercourses.
C.
It is the intention of the Town Board that this chapter shall serve
as a means of implementing the recommendations contained in the drainage
study and report entitled. "Town-Wide Drainage Study, 1966," prepared
and submitted to the Town Board December 14, 1966, by William C. Larsen,
P.E., reference to which shall be made to identify drainage basins,
streams, creeks and watercourses in the application of this chapter.
D.
The provisions of this chapter shall be applicable to those portions
of the Town of Ogden outside the limits of the Village of Spencerport.
Except as hereinafter provided, it shall be unlawful for any
person, firm, entity or corporation to:
A.
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.
B.
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.
C.
Fill, obstruct, dam, divert or otherwise change or alter the natural
or artificial flow of waters or drainage or the intensity or quantity
of flows through any stream, ditch, pipe, culvert, watercourse or
other improvement of drainage system.
Except as hereinafter provided, all existing obstructions, dams,
diversions, construction of any kind, deposits of debris, fill, sand,
stone or other solid materials or other alterations or diversions
of the natural flow of water or the intensity or quantity of flow
through, across or to any stream, ditch, culvert, watercourse or other
drainage system shall be removed or corrected by the owners of the
premises upon which said obstructions, 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 the same
from the Town Board, if:
A.
It causes the inundation of real property and/or buildings on other
premises;
B.
In the determination of the Commissioner of Public Works and/or designee,
it constitutes an undue burden upon the official drainage system or
hampers the proper present or future course of development of the
official drainage system; or
C.
In the determination of the Commissioner of Public Works and designee,
it presently constitutes 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.
A.
All applicants for a permit to do any of the acts prohibited by § 124-2 or to fill, divert, dam or in any way alter the natural flow of a stream, ditch, culvert, watercourse or other drainage system, except any applicant filing a proposed subdivision plan with the Planning Board, shall present plans and specifications prepared by a licensed professional engineer for the proposed change to the Town Clerk, who shall thereupon cause said plans and specifications to be examined by the designee or such consulting engineer as shall be designated by the Commissioner of Public Works. Whenever the cost of the proposed improvement does not exceed the sum of $1,000, the plans and specifications need not be prepared by a licensed professional engineer. After the designee or consulting engineer shall have reviewed the proposed plans and specifications, the designee or consulting engineer shall forward a report and recommendation to the Commissioner of Public Works of the Town of Ogden. Whenever an application for a permit to do an act set forth above affects land lying partly within and partly without lands requiring subdivision plan approval or site plan approval, an application for a permit for that part of the premises lying outside of the subdivision or outside of the land requiring site plan approval shall be submitted to the Town Clerk and forwarded to the Engineer for review and report to the Commissioner of Public Works and/or designee.
B.
The Commissioner of Public Works shall review the report and recommendations
of the designee or consulting engineer, together with the proposed
plans and specifications, and shall render its determination to the
Town Clerk within 45 days. If the Commissioner of Public Works shall
approve the proposed changes, the Town Clerk shall issue a permit
therefor.
C.
Whenever the approval of the Commissioner of Public Works shall,
in the opinion of the Commissioner of Public Works, effect or require
a change or addition to the Drainage Map, the Town Clerk shall, prior
to the issuance of any permit, place the matter on the agenda of the
Town Board for a public hearing. At least 10 days' notice of
a public hearing on the proposed action with reference to the change
in the Drainage Map shall be published in the official newspaper of
the Town. The addition and change, when adopted, shall become a part
of the Drainage Map of the Town of Ogden and shall be deemed to be
final and conclusive with respect to the location of the drainage
systems shown thereon.
D.
Prior to the issuance of the permit above, each applicant shall pay
to the Town Clerk a fee as determined by the Town Board, representing
the actual cost to the Town for review and inspection of the applicant's
plans and specifications.
E.
The designee may, in the designee's discretion, refer any problems
concerning drainage to the Commissioner of Public Works for review
and recommendations and shall refer such matters to the Commissioner
of Public Works in any case where the matter will require a change
in the Drainage Map of the Town of Ogden.
The Commissioner of Public Works or designee shall:
A.
Investigate and recommend action to the Town Board regarding violations
of the provisions of this chapter.
B.
Investigate and report upon drainage problems referred to it by the
Town Board, Planning Board, Town officials or any commission or agency
of the Town.
C.
Review and recommend to the Town Board proposed changes to the Drainage
Map of the Town of Ogden concerning drainage systems, except those
for which subdivision plats or site plan approvals have been passed
upon by the Planning Board.
D.
Upon request of the Planning Board, review and make recommendations
to the Planning Board concerning any of the following:
(1)
Drainage and groundwater conditions lying within a subdivision or
any premises for which site plan approval is required of the Planning
Board and proper requirements for treating such conditions.
(2)
Requirements for all off-site easements, construction, servitudes,
ditches, culverts, pipes, watercourses and drainage systems not lying
within a proposed subdivision plan or premises for which site plan
approval is required, in order to properly conduct surface water and
runoff and groundwater from a proposed subdivision or premises for
which site plan approval is required to a stream, ditch, culvert,
watercourse or other drainage system shown on the Drainage Map of
the Town of Ogden.
E.
Cause research studies to be made pertinent to the utilization of
open areas within the Town and recommend to the Town Board a program
for development of open areas for recreational and conservation use.
F.
Coordinate Town drainage programs with drainage programs of villages
within the Town and with adjacent municipalities and towns and the
County of Monroe.
A.
Any person, firm, entity or corporation found to be violating any
provisions of this chapter shall be served with a written notice at
the direction of the Code Enforcement Officer stating the nature of
the violation and providing for a sixty-day time limit for the satisfactory
correction thereof. The offender shall, within the period stated in
such notice, correct or remove all violations.
B.
Any person, firm, entity or corporation who shall continue any violation beyond the time limit provided for in Subsection A above shall be guilty of a violation and, upon conviction thereof, be fined in an amount not exceeding $250 or imprisonment for a term not to exceed 15 days, or both, for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
C.
In the event that any person, firm, entity or corporation shall continue any violation beyond the time limit provided for in Subsection A above, the Town Board may direct the Town Attorney to apply to the Supreme Court for an order directing that the violation be corrected or removed and that all costs and expenses incurred by the Town of Ogden in connection with the proceedings, including the actual cost of correction or removal, shall be assessed against the offenders.
D.
Any person, firm, entity or corporation violating any of the provisions
of this chapter shall become liable to the Town for any expense or
loss or damage occasioned by the Town by reason of such violation.
E.
The Code Enforcement Officer is authorized to enforce the provisions
of this chapter.
It is not intended by this chapter to repeal by implication
any existing or future rules or regulations of the Monroe County Drainage
Commission, it being intended that such rules or regulations shall
supersede this chapter.
