The purpose of this chapter is to mitigate the potentially adverse
effects of sediment-laden stormwater runoff resulting from soil disturbance
on steep slopes, protect fragile and environmentally sensitive steep
slope areas with grades of 15% or more, safeguard the water quality
of Honeoye Lake as well as its tributaries, and promote the health,
safety and general welfare of the Town of Richmond. This chapter is
also intended to ensure that land development activities are consistent
with the Comprehensive Plan of the Town of Richmond. The Town may
also, at its discretion, enter into an agreement for service with
the Ontario County Soil and Water Conservation District for steep
slope protection and stormwater management, soil erosion and sediment
control.
As used in this chapter, the following terms shall have the
meaning indicated:
DEVELOPMENT
Any physical alteration of a site or area, including, but
not limited to, providing access to a site, the clearing of vegetation,
grading, earthmoving, altering landforms, or construction of a structure
on the land. Includes land development activity that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land development activities may take place at different
times on different schedules (e.g., subdivision).
HONEOYE LAKE WATERSHED
The Honeoye Lake Watershed shall consist of all land, south
of U.S. Route 20A, within the Town of Richmond, abutting Honeoye Lake
or any tributary, gulley, stream, and watercourses which carry runoff
and sedimentation into Honeoye Lake. The most recent U.S. Geological
Survey (USGS) series topographical maps for the Honeoye and Honeoye
Lake quadrangles will be used to determine which properties affected
by this chapter. The topographical map will be available to the public
to view.
ONCOR (ONTARIO COUNTY ONLINE RESOURCES)
A general information source available for the Code Enforcement
Officer to determine property lines and official watercourses. ONCOR
is a cooperative project between the Ontario County Planning Department,
Real Property Tax, Information Services, and the County Clerk's
office.
SOIL DISTURBANCE
Preparing land for construction or reconstruction, such as
clearing, grading and filling, and/or the building of structures,
including driveways, retaining walls and/or drainage systems.
SOIL EROSION AND SEDIMENT CONTROL CONCEPT PLAN
A drawing or sketch prepared by the applicant or his/her
agent that identifies pre-development and post-development conditions
on a site and outlines the erosion control measures to be used. The
plan shall substantially follow Appendix E (Erosion and Sediment Control
Plan for Small Home Site Construction) of the New York Standards and
Specifications for Erosion and Sediment Control. The concept plan
shall be adapted to fit a steep slope site, substantially following
the Ontario County Soil and Water Conservation District's booklet
Soil Erosion Control for Single-Family Dwelling Construction, as may
be amended, and with the most recent version of the NYSDEC Standards
and Specifications for Erosion and Sediment Control, pages 5B.49-5B.53
(Standards and Specifications for Landgrading).
STEEP SLOPES
Ground areas with a slope of 15% or greater within the boundaries
of the Honeoye Lake Watershed in the Town of Richmond, as defined
by the official Town of Richmond Steep Slopes Map. The map will be
revised as new topographic data becomes available. Professional verification
of steep slopes and/or the dimension of the area of disturbance shall
be provided by a CPESC-certified professional in erosion and sediment
control, landscape architect, or licensed surveyor.
UTILITIES
Public and private services, including, but not limited to,
public water and sewer connection, private wells and septic systems,
and telephone, natural gas, electric, and cable television services.
Any alteration to an already approved steep slope plan must
be reviewed and agreed to by the following personnel: Code Enforcement
Officer, Ontario County Soil and Water, plan designer, and Highway
Superintendent (if applicable). An updated plan, signed and dated,
showing the modifications must be submitted to the Town offices by
the plan designer. Alterations to an already approved plan involving
minor and major soil disturbances shall be reviewed and approved by
the Code Enforcement Officer.
The CEO may issue a stop-work order for violations of this chapter, pursuant to §
101-6 of the Town Code. Persons receiving a stop-work order shall be required to halt all land disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this chapter.
Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within
a reasonable time after notice, the Town of Richmond may take necessary
corrective action, the cost of which shall become a lien upon the
property and added to the taxes until paid.
Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval or approval of an erosion control permit or an alleged failure by the Code Enforcement Officer to properly enforce the chapter in regard to a specific application, shall have the right to appeal the action to the Town Zoning Board of Appeals. The appeal shall be filed in writing within 60 days of the date of official transmittal of the final decision. It shall state clearly the grounds on which the appeal is based and shall be processed in the manner prescribed for hearing of appeals under §
200-67 of the Town Code.
The provisions of this chapter shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
and welfare. 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.
If any section, subsection, paragraph, sentence, clause, or
other part of this chapter is for any reason invalid, the validity
of the remaining portion of this chapter shall not be affected.
The Town Board may from time to time, at its discretion, on
its own motion, on petition, or on recommendation of the Planning
Board, and in accordance with the laws of the State of New York, amend,
supplement, or repeal the regulations or provisions of this chapter.