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, 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.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
BEST MANAGEMENT PRACTICES
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.
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."
DEVELOPMENT
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.
FLOOD
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.
FLOODPLAIN
The land area susceptible to inundation by the base flood.
FLOODWAY
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.
LAND-DISTURBING ACTIVITY
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.
MUNICIPAL PERMIT
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.
PERSON
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.
SOIL CONSERVATION PLAN
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.
SUBDIVISION
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.
WATERCOURSE
Any body of water which has been classified by the New York
State Department of Environmental Conservation in 6 NYCRR.
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. Any emergency activity which is immediately necessary for the protection
of life, property or natural resources.
B. Any emergency activity so deemed by any governmental body.
C. Ordinary repair and maintenance of existing structures or alterations
which do not involve substantial improvements.
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.