[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-18-1986 (Part II, Ch. 5, Art. IV, of the 1964 Code). Amendments
noted where applicable.]
It is the purpose of this chapter to protect
the public health, safety and welfare in the Town of Poughkeepsie
by regulating site preparation and construction activities, including
excavation, filling, grading and stripping, so as to prevent problems
related to erosion, sediment or drainage. In relation to this purpose
this chapter is intended to:
A.
Preserve the quality of the natural environment from
such adverse effects of site preparation and construction as:
(1)
Pollution of lakes, ponds and watercourses from silt
or other materials;
(2)
Unnecessary destruction of trees and other vegetation;
(3)
Excessive exposure of soil to erosion;
(4)
Unnecessary modification of natural topography or
unique geological features; and
(5)
Failure to restore sites to an attractive natural
condition.
B.
Protect people and properties from such adverse effects
of site preparation and construction as:
C.
Protect the Town and other governmental bodies from
having to undertake, at public expense, programs of repairing roads
and other public facilities, of providing flood protection facilities
and of compensating private property owners for the destruction of
properties arising from the adverse effects of site preparation and
construction.
D.
Ensure that site preparation and construction are
consistent with the Comprehensive Plan of the Town of Poughkeepsie.
In accordance with Article 9 of the Town Law
of the State of New York, the Town Board of the Town of Poughkeepsie
has the authority to enact ordinances for the purpose of promoting
health, safety or general welfare of the Town of Poughkeepsie, including
the protection and preservation of the property of its inhabitants.
By the same authority, the Town Board may include in any such ordinance
provision for the appointment of any municipal officers or employees
to effectuate and administer such ordinance.
In order that site preparation and construction
activities may be in conformance with the provisions of this chapter,
this chapter is hereby adopted and shall be known and may be cited
as the "Erosion and Sediment Control Ordinance of the Town of Poughkeepsie."
Upon the approval of this chapter by the Town
Board, all site preparation and construction activities requiring
a permit under this chapter shall be in conformance with the provisions
set forth herein.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, this chapter shall control. Where greater restrictions
are imposed by any law, ordinance, regulation or private agreement
than are imposed by this chapter, such greater restrictions shall
control.
As used in this chapter, the following terms
shall have the meanings indicated:
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, including
horticultural and fruit operations.
The person designated by the Town Board to administer and
maintain the provisions of this chapter.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its sight of origin by erosion.
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
Any natural or artificial stream, river, creek, ditch, channel,
conduit, culvert, drainageway, gully, ravine or wash in which water
flows in a definite direction or course, either continuously or intermittently,
and which has a definite channel, bed and banks, and any area adjacent
thereto subject to inundation by reason of overflow, flood or stormwater.
Areas of aquatic or semiaquatic vegetation or any areas which
have been mapped as such by the Town Planning Board, the Town Conservation
Council, the County Department of Planning, the County Soil and Water
Conservation District or the New York State Department of Environmental
Conservation under the Freshwater Wetland Act.[1]
[1]
Editor's Note: See Environmental Conservation
Law § 24-0101 et seq.
A.
None of the following activities shall be commenced
until a permit has been issued under the provisions of this chapter:
(1)
Site preparation within wetlands.
(2)
Site preparation on slopes which exceed one foot of
vertical rise to four feet of horizontal distance (or site preparation
in areas known to be subject to severe erosion).
(3)
Site preparation within the hundred-year floodplain
of any watercourse.
(4)
Excavation which affects more than 300 cubic yards
of material within any parcel or any one subdivision.
(5)
Stripping which affects more than one acre of ground
surface within any parcel or any subdivision.
(6)
Grading which affects more than one acre of ground
surface within any parcel or any one subdivision.
(7)
Filling which exceeds a total of 300 cubic yards of
material within any parcel or any one subdivision.
(8)
A development or subdivision of five or more units
or any development or subdivision requiring any new street or the
extension of municipal facilities.
A.
Before any site preparation requiring a permit under § 97-7 of this chapter is commenced, the 10 copies of a permit application shall have been filed with the Town Zoning Administrator or the Building Inspector, and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
B.
Upon filing an application for a permit, the applicant(s) shall pay to the Town a fee as provided in Chapter 105, Fees, if the permit may be required under § 97-7A(4), (5), (6), (7) or (8) of this chapter; otherwise, the applicant(s) shall pay a fee as provided in Chapter 105, Fees. The fee shall be deemed a reasonable sum to cover the cost of administration and shall in no part be returnable to the applicant(s).
[Amended 3-27-1996 by L.L. No. 4-1996]
C.
The Town Zoning Administrator or Building Inspector,
acting, if deemed necessary, with recommendations from the Town Engineer,
the Planning Board, the Superintendent of Highways and the Conservation
Advisory Commission, shall have the authority to grant or deny all
permits pursuant to this chapter.
D.
Copies of the permit application shall be submitted
to the Zoning Administrator or the Building Inspector who shall notify
the Town Engineer, Planning Board, Superintendent of Highways and
Conservation Advisory Commission as needed. Recommendations on the
application shall be made by the Town Engineer, Superintendent of
Highways or Conservation Advisory Commission within 30 days of the
date of filing.
E.
The Town Planning Board may, upon its discretion,
conduct public hearings on permit applications, which hearings shall
be fixed at a reasonable time and shall be given notice by a newspaper
of general circulation in the Town at least 10 days prior to the date
thereof. The applicant must provide the Planning Board with an affidavit
of publication.
F.
The Town Zoning Administrator or Building Inspector
shall grant or deny all permits within 60 days of the date of filing
of the application thereof, unless the applicant and the authorized
official consent to a time extension.
G.
Prior to granting a permit, the authorized official
shall determine that the request is in harmony with the purpose and
standards set forth in this chapter.
H.
In granting a permit, the authorized official shall
fix a reasonable time limit for the termination of the permit and
may attach any conditions which he or she deems necessary to assure
compliance with the provisions of this chapter.
I.
Major modifications of the terms of an approved permit
shall follow the same application, review and approval procedures
as those set forth in this section for the original permit.
J.
Inspections; enforcement.
(1)
It shall be the responsibility of the Town Engineer
to inspect the sites as frequently as necessary to assure compliance
with the terms of approved permits and the provisions of this chapter
and to submit written notification of any violations of these terms
or provisions to the Town Planning Board, Building Department or Zoning
Administrator.
(2)
In the event that any of the activities described in § 97-7 are undertaken by any person who has not been issued a permit or if work undertaken under a permit is not in compliance with the terms of the permit or of this chapter, the Town Zoning Administrator or Building Inspector shall be authorized to issue an order to remedy and to require such further compliance with this chapter as is necessary to effect its purpose and goals. The Planning Department and the Town Engineer may assist the Zoning Administrator and the Building Inspector in actions brought under this chapter. The Planning Department, the Building Inspector and the Zoning Administrator are authorized to advise the Town Engineer of any properties requiring inspection for potential violations of the provisions of this chapter. Upon such referral, the Town Zoning Administrator or the Building Inspector may, with the assistance of the Town Attorney and upon consultation with the Town Engineer, make application to the New York State Supreme Court or file an information in the Town Justice Court.
(3)
For any and every violation of the provisions of this
chapter, the owner, general agent or contractor of the building or
premises where such violation had been committed or shall exist and
the lessee or tenant of any part of the premises in which part such
violations have been committed or shall exist and the general agent,
architect, builder or contractor or any other person who commits,
takes part or assists in such violation or who maintains any premises
in which such violation shall exist shall be subject to a fine not
exceeding $250 or to imprisonment for not more than 15 days or both,
any, each and every day the violation continues, after the owner,
general agent or contractor of the building or premises where such
violation has occurred has been notified thereof, shall be deemed
to be a separate and distinct violation.
[Amended 3-27-1996 by L.L. No. 4-1996]
K.
If at any time during the effective period of a permit
or if upon its expiration the terms of the permit are violated, the
Town Zoning Administrator or Building Inspector may revoke the permit
and may require that the performance guaranty be forfeited to the
Town. If the applicant shall be unable to complete the project or
any phase thereof within the specified time, he or she shall, 30 days
prior to the specified date of completion, present in writing a request
for an extension of time, setting forth therein the reason for the
request. If, in the discretion of the authorized official, such an
extension is warranted, he or she may grant additional time for the
completion of the work.
[Amended 5-18-2005 by L.L. No. 7-2005]
A property owner(s) or his or her agent(s) may
initiate a request for a permit or the modification of a permit by
filing with the Town Clerk six copies of an application, who shall
promptly forward copies of the application to the Town Engineer, Town
Building Inspector, Superintendent of Highways and Conservation Advisory
Commission. Maps and plans accompanying the application shall be prepared
by a licensed architect or engineer or by any other person approved
by the Town Engineer. The Chairman of the Town Planning Board may
require that additional copies of the application be filed with the
Town Clerk, and he or she may modify the requirements concerning materials
to accompany the application by waiving or adding such requirements
as he or she deems appropriate to the nature and scope of the proposed
activities. The Chairman of the Town Planning Board may require the
applicant(s) to reconstruct application materials if they are deemed
to be of insufficient scale or quality or do not meet the standards
of this section. Excepting for modifications authorized or required
by the Chairman of the Town Planning Board, each application shall
contain the following material:
A.
A stormwater pollution prevention plan consistent with the requirements of Chapter 173, Part 2, Articles II, III and IV, shall be required. The SWPPP shall meet the performance and design criteria and standards in Chapter 173, Part 2, Articles III and IV. The approved erosion control permit shall be consistent with the provisions of Chapter 173, Part 2, Stormwater Control.
B.
An estimate of the costs of providing temporary and
permanent vegetation and drainage, erosion and sediment control facilities
shall be prepared by applicant's engineer and confirmed by the Town
Engineer.
In granting a permit under this chapter, the
standards and considerations taken into account shall include but
not be limited to the following:
A.
Excavation, filling, grading and stripping shall be
permitted to be undertaken only in such locations and in such a manner
as to minimize the potential of erosion and sediment and the threat
to the health, safety and welfare of neighboring property owners and
the general public.
B.
Site preparation and construction shall be fitted
to the vegetation, topography and other natural features of the site
and shall preserve as many of these features as feasible.
C.
The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
D.
The smallest practical area of land shall be exposed
by site preparation at any given time.
E.
The exposure of areas by site preparation shall be
kept to the shortest practical period of time prior to the construction
of structures or improvements or the restoration of the exposed areas
to an attractive natural condition.
F.
Mulching or temporary vegetation suitable to the site
shall be used where necessary to protect areas exposed by site preparation,
and permanent vegetation which is well adapted to the site shall be
installed as soon as practical.
G.
Where slopes are to be revegetated in areas exposed
by site preparation, the slopes shall not be of such steepness that
vegetation cannot be readily established or that problems of erosion
or sediment may result.
H.
Site preparation and construction shall not adversely
affect the free flow of water by encroaching on, blocking or restricting
watercourses.
I.
All fill material shall be of a composition suitable
for the ultimate use of the fill, free of rubbish and carefully restricted
in its content of brush, stumps, tree debris, rocks, frozen material
and soft or easily compressible material.
J.
Fill material shall be compacted sufficiently to prevent
problems of erosion, and where the material is to support structures,
it shall be compacted to a minimum of 90% of standard proctor with
proper moisture control.
K.
All topsoil which is excavated from a site shall be
stockpiled and used for the restoration of the site, and such stockpiles,
where necessary, shall be seeded or otherwise treated to minimize
the effects of erosion.
L.
Prior to, during and after site preparation and construction,
an integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability and adverse
effects on neighboring property owners.
M.
The natural drainage system shall generally be preserved
in preference to modifications of this system, excepting where such
modifications are necessary to reduce levels of erosion and sediment
and adverse effects on neighboring property owners.
N.
All drainage systems shall be designed to handle adequately
anticipated flows, both within the site and from the entire upstream
drainage basin.
O.
Sufficient grades and drainage facilities shall be
provided to prevent the ponding of water, unless such ponding is proposed
within site plans, in which event there shall be sufficient water
flow to maintain proposed water levels and to avoid stagnation.
P.
There shall be provided where necessary to minimize
erosion and sediment such measures as benches, berms, terraces, diversions
and sediment, debris and retention basins.
Q.
Drainage systems, plantings and other erosion or sediment
control devices shall be maintained as frequently as necessary to
provide adequate protection against erosion and sediment and to ensure
that the free flow of water is not obstructed by the accumulation
of silt, debris or other material or by structural damage.
A.
After the approval of the application and before the
issuance of any permit, the applicant shall file with the Town Clerk,
in an amount of the estimated cost of the project as submitted under
§ 97-9E of this chapter and verified by the authorized official,
one of the following performance guaranties:
B.
The Town Planning Board may grant a waiver of such
guaranty if it deems the proposed activities to be of minor scope
and to be consistent with the provisions of this chapter.
C.
The party or parties filing the performance guaranty
shall provide that either upon termination of the permit or the operation,
whichever may come first, the project shall be in conformity with
both the approved specific requirements of the permit and the provisions
of this chapter. In the event of default of such and violation of
any other applicable laws, such performance guaranty shall be forfeited
to the Town. The Town shall return to the applicant any amount that
is not needed to cover the costs of restoration, administration and
any other expenses incurred by the Town as a result of the applicant's
default. Such performance guaranty shall continue in full force and
effect until a certificate of compliance shall have been issued by
the authorized official after such consultation with any agencies
or individuals as he or she deems necessary to ensure that all provisions
of this chapter and of the permit have been met.
Where practical difficulties, unnecessary hardships
and results inconsistent with the general purpose of this chapter
or certain provisions thereof are encountered, exceptions may be granted
by the Town Board.
A.
If there is any damage due to a violation of this
chapter or if any soil, liquid or other material is caused to be deposited
upon or to roll, flow or wash upon any public property, private property
or right-of-way in violation of this chapter, the person, firm, partnership,
corporation or other party responsible shall be notified and shall
cause the same to be removed from such property or way within 36 hours
of notice. In the event of an immediate danger to the public health
or safety, notice shall be given by the most expeditious means and
the violation shall be remedied immediately. In the event it is not
so remedied, the Town shall cause such and the cost of such by the
Town shall be paid to the Town by the party who failed to so remedy
and shall be a debt owed to the Town.
B.
Any person, firm, partnership, corporation or other
party who violates any provision of this chapter shall be guilty of
a violation and subject to a fine of not more than $1,000 or to imprisonment
of not more than 15 days, or both such fine and imprisonment. The
imposition of any such penalty for the violation of this chapter shall
not excuse such violation nor permit the continuance thereof. The
application of the above penalty or penalties for a violation of the
provisions of this chapter shall not be held to prevent the removal
of conditions prohibited by this chapter by such legal means as may
be proper.
[Amended 3-27-1996 by L.L. No. 4-1996; 6-3-2009 by L.L. No.
22-2009]
C.
Every day that a violation of any of the provisions
of this chapter continues after written notice shall have been served
upon the owner or his or her agent, either personally or by registered
mail addressed to such person at his or her last known address, shall
constitute a separate violation.
D.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
[Amended 6-3-2009 by L.L. No. 22-2009]
