[HISTORY: Adopted by the Town Board of the Town of Rye 3-17-1981. Amendments noted where applicable.]
This chapter shall be known and cited as the "Erosion and Sediment
Control Ordinance of the Town of Rye."
This chapter is enacted pursuant to the Town's authority to
promote the public health, safety and general welfare of its citizenry
under the New York State Municipal Home Rule Law, § 10,
and the New York State Environmental Conservation Law, Article 36.
The public health, safety and general welfare of the Town of
Rye can be adversely affected by flooding, erosion and sedimentation
of streams and natural watercourses. The flood hazard areas of the
Town are subject to periodic inundation which can result in loss of
life and property, health and safety hazards, disruption of commerce
and governmental services, public expenditures for flood protection
and relief and impairment of the tax base. The Flood Damage Prevention
Ordinance,[1] enacted September 25, 1979, addresses this problem. However,
erosion and sediment deposition in the waters of the Town increase
this flooding, contribute to nonpoint pollution and adversely affect
fish and marine life. Therefore, in order to protect the citizens
and property of the Town, a program of preventative and remedial activity
is required for erosion control and minimization of sediment.
It is the purpose of this chapter to promote the public health,
safety and general welfare by:
A.
Controlling, restricting or prohibiting activities which endanger
health, safety or property in times of flood or cause increased flood
heights or velocities in watercourses and floodplains.
B.
Controlling, restricting or prohibiting the alteration of natural
floodplains, stream channels and natural protective barriers, including
vegetation, which are involved in the accommodation of floodwaters.
C.
Controlling, restricting or prohibiting land uses and activities
which increase nonpoint-source pollution due to erosion and sedimentation.
D.
Preserving natural resources which aid in prevention of flooding,
especially natural vegetation and wetland areas.
E.
Ensuring that future use of land and water is made in accordance
with the most appropriate procedures and principles for control of
erosion and sedimentation.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common English usage to give effect to the purpose set forth in § 24-4.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Procedures and methods pertaining to construction activities
which are intended to minimize water pollution, retain valuable topsoil
and prevent erosion and sedimentation, such as those practices contained
in the Best Management Practices Manual.
The manual published by the County of Westchester in November
of 1979, and amended from time to time, containing best management
practices and entitled "Best Management Practices Manual for Construction
Related Activities, Standards and Specifications."
Any man-made change to improved or unimproved real estate,
including but not limited to construction of buildings or other structures
and mining, dredging, filling, grading, paving, excavation or drilling.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
waters or the unusual and rapid accumulation or runoff of surface
waters from any source.
The land area susceptible to inundation by the base flood.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
Any change to land which may result in soil erosion from
water or wind and the movement of soil into waters or onto lands,
including but not limited to clearing, grading, excavating, transporting
and filling of land.
Any permits, grants or licenses issued by the Town of Rye,
including but not limited to building, grading, demolition, clearing
and excavation permits and subdivision and site plan approvals.
Includes any individual or group of individuals, corporation,
partnership, association or any other entity, including state and
local governments and agencies, authorities or other political subdivisions
thereof.
A plan drawn up by a New York State licensed and registered
engineer or the District Conservationist of the Westchester County
Soil and Water Conservation District showing how a permit applicant
will use his land and control erosion and sedimentation during and
after construction.
Any tract of land which is divided into two or more habitable
building sites or parcels on any site along an existing or proposed
street, highway, easement or right-of-way or other means or proposed
means of access, road or street, for sale, lease or rent, regardless
of whether the sites are to be sold or offered for sale or leased
for any period of time, are described by metes and bounds or by reference
to a map or survey of the property or by any other method of description.
"Subdivision" also has any meaning it presently has under the laws
of the Town of Rye.
The unincorporated portion of the Town of Rye.
Any body of water which has been classified by the New York
State Department of Environmental Conservation in 6 NYCRR.
A.
This chapter shall apply to all municipal permits issued under any
law of the Town of Rye or issued by the Town of Rye pursuant to any
other law.
B.
The Town Engineer is hereby designated as the agent for administering
and implementing the provisions of this chapter.
C.
The Best Management Practices Manual of the County of Westchester
shall be used as a guide in the issuance of all municipal permits
and for all work done pursuant to Town authority.
A.
Every person seeking any municipal permit for permission to conduct
any land-disturbing activity within the Town shall indicate which
best management practices he intends to use to minimize erosion and
sedimentation caused by that activity. Such applicant shall also list
any watercourses which may be affected by the proposed activity or
which are within 500 feet of the site of the proposed activity.
B.
Any municipal permit for land-disturbing activity shall be conditioned
by the following provisions:
(1)
Development shall preserve salient natural features, keep cut and
fill operations to a minimum and ensure conformity with topography
so as to create the least erosion potential and adequately handle
the volume and rate of velocity of surface water runoff as specified
in the permit issued by the Town Engineer, based upon the Best Management
Practices Manual.
(2)
Disturbed soils shall be stabilized as soon as practicable and in
any event within the time specified in the permit.
(3)
Temporary vegetation and/or mulching shall be used to protect exposed
land areas during development.
(4)
The permanent (final) vegetation and mechanical erosion control measures
shall both be installed within the time specified in the permit.
(5)
Provisions shall be made to dispose of the increased runoff caused
by changed soil and surface conditions during and after development
in a manner which minimizes danger of flooding; where necessary, the
rate of surface water runoff shall be mechanically retarded.
(6)
Until a disturbed area is stabilized, sediment in the runoff water
shall be trapped by the use of debris basins, sediment basins, silt
traps or similar measures, as more specifically may be determined
in any particular instance by the Town Engineer.
(7)
Provisions shall be made to prevent surface water from damaging the
cut face of excavations or the sloping surfaces of fills.
(8)
Cuts and fills shall not endanger adjoining property nor divert water
onto the property of others without permission.
(9)
All fills shall be compacted to provide stability of material and
to prevent undesirable settlement.
(10)
Fills shall not encroach on natural watercourses, constructed channels
or floodways.
(11)
Fills placed adjacent to or having an impact upon natural watercourses,
constructed channels or floodplains shall have suitable protection
against erosion during periods of flooding, as determined by the Town
Engineer.
(12)
During grading operations, appropriate measures for dust control
shall be exercised.
(13)
Grading equipment shall not be allowed to enter into or cross any
watercourse, except in accordance with the terms of the permit issued
by the Town Engineer.
C.
No site plans or development for which the minimum number of parking
spaces required by the Town Zoning Ordinance[1] exceeds 100, no subdivisions of five or more lots and
no subdivisions requiring any new street or the extension of municipal
facilities shall be approved unless the following requirements are
met:
(1)
A soil conservation plan, prepared by a licensed professional engineer,
shall be submitted to the Town Engineer who may approve, approve with
conditions or disapprove it. The Town Engineer shall submit a copy
of such soil conservation plan to the Westchester County Soil and
Water Conservation District for review and comment prior to his action,
as has been the Town's custom in the past.
(2)
The applicant shall certify to the Town Engineer that such plan will
be followed.
D.
Applications for any permits involving any land-disturbing activity
which involves excavation of 5,000 cubic yards, shall be referred
by the Town Engineer to the Westchester County Soil and Water Conservation
District for review and comment, as has been the Town's custom in
the past.
E.
All development shall be undertaken so as to create no increase in
rate of surface water runoff greater than the rate of such runoff
existing prior to the development.
F.
However, where such increase in rate of runoff may be allowed without
adverse consequences for control of flooding, erosion and sedimentation,
upon request of an applicant, the Town Engineer shall determine that
an increase in the rate of runoff will be allowed, will not be allowed
or will be allowed upon compliance with specified conditions, with
reference to the Best Management Practices Manual.
Vegetation, including but not limited to trees, ground cover
and aquatic vegetation, is important for retention of soil and prevention
of sedimentation. Municipal permits for activities which will interfere
with such vegetation shall be conditioned upon the following:
A.
The applicant shall be guided by the requirements of the Best Management
Practices Manual and shall follow such specific requirements as the
Town Engineer shall determine.
B.
The applicant shall restore vegetative cover in disturbed areas as
directed by the Town Engineer.
C.
Stripping of vegetation, regrading or other development shall be
done in such a way as to minimize erosion.
D.
Whenever feasible, natural vegetation, and in particular trees, shall
be retained, protected and supplemented.
E.
The permanent (final) vegetation and mechanical erosion control measures
shall be installed as soon as practicable, but in no event after the
time specified by the Town Engineer in the permit.
The duties of the Town Engineer under this chapter include,
but are not limited to, the following:
A.
Have copies of the Best Management Practices Manual available in
the office of the Town Engineer for public use, inspection, copying
and referral.
B.
Seek technical assistance from the Westchester County Soil and Water
Conservation District, as provided in the memorandum of understanding
between the Town and the district, dated April 24, 1972.
The provisions of this chapter do not apply to permits, authorities
and licenses for the following activities, provided that best management
practices shall be employed wherever possible:
A.
No certificate of occupancy shall be issued for any structure covered
by this chapter unless the terms and conditions of this chapter have
been complied with to the satisfaction of the Town Engineer.
B.
Violations.
(1)
If the Town Engineer determines that there exists a violation of
the terms and conditions of any municipal permit issued pursuant to
this chapter, written notification of such violation shall be given
to the permit holder by the Town Engineer by posting a copy at the
site of the development and by mailing a copy by mail to the permit
holder's last known address.
(2)
All such notifications of violations shall contain the time, place
and nature of the violation, the time within which the violation must
be corrected, a statement that the permit will be suspended or revoked
if the permit holder fails to correct the violation, a statement that
the permit holder may ask for a hearing before the Town Board if the
permit is suspended or revoked and an explanation of the possible
penalties.
(3)
If the permit holder requests a hearing on the suspension or revocation
of his permit, the Town Board shall hold such hearing within a reasonable
period of time, but not less than 60 days. At least 10 days' notice
of the time and place of such hearing shall be published in a newspaper
of general circulation in the Town.
(4)
If the permit holder fails to correct any violation of the terms
and conditions of a municipal permit issued pursuant to this chapter
within the time period specified, or within 30 days, the Town Board
may cause the violation to be corrected. The cost thereof shall be
assessed against the land or property upon which the violation occurred
by the Town Engineer. Such amount shall be an assessment against the
land or property, it shall be levied against the land or property
in such manner as Town taxes are levied and it shall constitute a
lien upon the land or property affected.
C.
Nothing herein contained shall interfere with the authority of the Town Engineer to summarily suspend and revoke any municipal permit, pending a hearing on the merits, if in the Town Engineer's opinion the immediate protection of the public health, safety and general welfare demands such summary action; provided, however, that the permit holder shall be entitled to a hearing by the Town Board, with notice as provided in § 24-11B(3) above, as soon after such summary action as is practicable, but in no event later than 30 days after.
D.
Any person who violates any of the provisions of this chapter and who has continued the conduct giving rise to such violation for a period of more than 30 days after the time limit specified in the written notification pursuant to § 24-11B herein, shall be liable for a civil penalty of not more than $200 for the original violation and an additional civil penalty of not more than $50 for each additional day during which such violation continues.
E.
The Town of Rye may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or to restrain by
injunction the violation of any provision of this chapter or the terms
and conditions of any permit granted hereunder.
The Town Engineer may enter upon any land or water for the purpose
of making any investigation, examination, survey or other activity
that the Town Engineer may deem necessary for any of the purposes
of this chapter.
A.
Conflicts. Wherever this chapter is inconsistent with any other ordinance
of the Town of Rye, whichever imposes the more stringent restrictions
shall prevail.
B.
Severability. The provisions of this act shall be severable, and
if any clause, sentence, paragraph, subdivision or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
C.
Effective date. This chapter shall take effect 10 days after due
publication as provided by law and shall apply to all municipal permit
applications filed after the effective date.
