This chapter shall be known and may be cited as the "Grading and Filling of Land and Erosion Control Local Law of the Town of East Greenbush."
[HISTORY: Adopted by the Town Board of the Town of East Greenbush 8-5-1987 by L.L. No. 1-1987 (Ch. 15E of the 1991 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
A.
It is the purpose of this chapter to regulate and control the grading and filling to land, the removal of topsoil and underlying material and the removal of vegetation within the Town of East Greenbush and to prescribe regulations for said control.
B.
Legislative findings.
(1)
The Town of East Greenbush hereby finds that indiscriminate and excessive grading and filling of tracts of land has resulted in increased surface drainage and soil erosion. Modification of existing topography has resulted in the destruction of natural ground cover which in turn leads to airborne pollution, soil erosion, stream and pond sedimentation, disruption of natural drainage ways, often onto adjacent land and public highways, air pollution of airborne soil and a general diminution of the Town's environmental qualities.
(2)
The increased surface drainage and soil erosion thereby has caused additional private and public costs for proper drainage control, decreasing the beneficial use of existing residential and commercial properties in such areas and further impairing the stability and value of both improved and unimproved real property in such areas and adversely affecting the health, safety and general welfare of the inhabitants of the Town.
(3)
Furthermore, the Town of East Greenbush finds that development within the natural constraints of the site, by maximizing the integration of the natural topography, drainage systems and vegetative covering into the project design, and by minimizing grading and stripping of the site, is important in achieving the reduction of the undesirable aspects of uncontrolled grading.
This chapter shall apply to both applicants, developers and/or property owners before the Planning Board of the Town of East Greenbush for approval of residential, commercial and industrial developments and to those other persons who propose to remove any substantial vegetation or topsoil or perform any substantial grading or filling operations, including an area of between 1/2 acre and one acre within the Town of East Greenbush.
A.
No person, applicant, developer and/or property owner shall remove or cause to be removed any substantial vegetation or topsoil or perform any substantial grading or filling operations in an area of 1/2 acre or greater without first obtaining a permit from the Building Department of the Town of East Greenbush. Before obtaining said permit, the person, applicant, developer and/or property owner shall provide the Building Department with a time schedule for carrying out the proposed activity and a description and timing of intended erosion control methods. The Code Enforcement Official shall require site plan approval in accordance with Chapter 57. Where the Planning Board determines that substantial work is to be undertaken, the Board may require the submission of a detailed grading and erosion and sediment control plan prepared in accordance with the standards and requirements set forth in Chapter 54, Article II.
B.
The submission of such a detailed grading and erosion and sediment control plan will be typically required by the Planning Board if the proposed grading, filling, excavation or land disturbance activity includes one or more of the following conditions:
(1)
The activity occurs on lands with a slope in excess of 15% ("steep slopes").
(2)
The activity occurs on lands which are geologically unsound.
(3)
The activity occurs on lands which are highly erodible or classified as unstable by the Natural Resources Conservation Service.
(4)
The activity involves fill or excavation which exceeds a material volume of 80,000 cubic feet.
(5)
The activity occurs within an aquifer recharge area, floodplain, wetland or immediately adjacent to any classified stream, Mill Creek, Hampton Manor Lake or the Hudson River.
(6)
Any activity which, in the opinion of the Planning Board, may have an adverse impact on adjacent or downstream properties.
C.
The Planning Board's review and approval of the grading and erosion and sediment control plan shall be based on the following criteria and requirements set forth in Chapter 54, Article II, § 54-27; and the building permit thereafter issued shall remain in force and effect, provided that said person, applicant, developer and/or property owner maintains compliance with the approved grading and erosion and sediment control plan, Chapter 54, Article II and other applicable local laws.
D.
The Planning Board and/or the Code Enforcement Official may require such inspections as necessary to determine compliance with this chapter, which may be conducted by the Town Stormwater Management Officer or by a licensed/certified professional in accordance with § 54-38.
E.
If the Code Enforcement Official finds that the applicant, developer and/or property owner has failed to comply with the aforesaid control requirements of this chapter, and the approved grading and erosion and sediment control plan, said permit shall be revoked, and said person(s), applicant, developer and/or property owner shall, upon written notice, cease and desist from any further work upon said site.
A.
To ensure that the site work described by the person, applicant, developer and/or property owner on the approved grading and erosion control plan is performed in accordance with said plan and the controls of this chapter, the person, applicant, developer and/or property owner may be required to provide a performance guaranty in the form of either a bond or a letter of credit or other financial security approved by the Town, on behalf of the Town of East Greenbush with an established financial institution.
B.
The sufficiency of such performance guaranty shall be determined by the Planning Board and the Town Attorney after review of the application and the work/operations to be undertaken and in consultation, with the Code Enforcement Official, Town engineering consultants, Stormwater Management Officer or other competent persons.
C.
Upon completion of the site work as set forth on said approved plan, including the schedule of filling and grading, construction operation and erosion and sediment control methods filed with the Building Department prior to permit issuance, the person, applicant, developer and/or property owner shall request that the Town Building Department inspect said work; upon approval of the site work by the Town Code Enforcement Official, the Town Planning and Zoning Board shall cause the release of the letter of credit or other financial security submitted in relation to the issuance of the permit.
D.
Upon failure of the person, applicant, developer and/or property owner to perform the site work in accordance with the approved plan submitted as aforesaid, the Town of East Greenbush and/or its agents shall enter upon said premises and complete the necessary site work and either execute against the performance bond or the letter of credit or other financial security for the cost of such work. The Town Comptroller shall be authorized to pay any charge or charges approved by the Town Code Enforcement Official without further approval of the person, applicant, developer and/or property owner. If the Town should undertake completion of any such work (grading, filling or revegetation work) upon the person's, applicant's, developer's and/or property owner's failure to do so, any sums remaining after the completion of said work shall be returned to the person, applicant, developer and/or property owner.
The permit procedures contained within this chapter shall apply to the following actions:
A.
Activities involved in the necessary normal maintenance and upkeep of property, which activities shall include but not be limited to the following:
D.
Activities involved in and directly associated with any building construction or site development project for which site plan approval has been granted by the Town of East Greenbush in accordance with the Town's site plan review and approval procedure or subdivision plat approval granted in accordance with the Town's Land Subdivision Regulations[1] or which has been reviewed and approved in accordance with Chapter 54, Article II and has an approved SPDES permit issued as defined in Chapter 54.
E.
Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
F.
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a stormwater management facility.
G.
Repairs and maintenance of any stormwater management practice or facility.
To the degree practicable, the Town Code Enforcement Official, Town Planning Board, Town Attorney and other persons and bodies shall endeavor to integrate the provisions of this chapter with other Town provisions related to, but not limited to, subdivision review and approval, site plan review and approval, mining permit issuance and local state environmental quality review procedures.
Any applicant, developer and/or property owner violating any of the provisions of this chapter shall be subject to an initial fine of $250, not to exceed $3,000 with subsequent offenses at the same property.
If any section, paragraph, subdivision or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional.