[HISTORY: Adopted by the Town Board of the Town of Monroe 10-1-2001
by L.L. No. 4-2001. Amendments noted where applicable.]
A.Â
The Town Board of the Town of Monroe does hereby make
the following findings with regard to the enactment of this chapter:
(1)Â
The Town Board finds that uncontrolled drainage and runoff
associated with land development has a significant impact upon the health,
safety, and welfare of the community. Specifically, stormwater runoff can
carry pollutants into receiving water bodies, degrading water quality.
(2)Â
The increase in nutrients in stormwater runoff, such
as phosphorous and nitrogen, accelerates eutrophication of receiving waters.
(3)Â
Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing stream bank erosion
and sedimentation.
(4)Â
Excavation of soil and construction requiring land clearing
and the alteration of natural topography tends to increase erosion.
(5)Â
Siltation of water bodies resulting from increased erosion
decreases their capacity to hold and transport water, interferes with navigation,
and harms flora and fauna.
(6)Â
Impervious surfaces increase the volume and rate of stormwater
runoff and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
(7)Â
Improperly managed stormwater runoff can increase the
incidence of flooding and the level of floods which occur, endangering property
and human life.
(8)Â
Substantial economic losses can result from these adverse
impacts on community waters.
(9)Â
Many future problems can be avoided if land is developed
with sound stormwater management and erosion control practices.
(10)Â
Stormwater detention and retention ponds, while essential
to providing stormwater treatment and flow control, are often designed with
little concern for their location, depth, size or appearance, with the result
that such ponds often appear as unattractive "holes in the ground," thereby
detracting from the overall aesthetics of the Town of Monroe.
[Added 9-27-2004 by L.L. No. 3-2004]
B.Â
From these foregoing findings, it is the determination
of the Town Board that in order to protect, maintain, and enhance both the
immediate and the long-term health, safety, and general welfare of the citizens
of the town, this chapter has the following objectives:
(1)Â
To enhance the quality of the waters of the Town of Monroe.
(2)Â
To check the rate of and reverse the process of the eutrophication
of the lakes and ponds of the Town of Monroe.
(3)Â
To prevent increases in the magnitude and frequency of
stormwater runoff so as to prevent an increase in flood flows and in the hazards
and costs associated with flooding.
(4)Â
To prevent decreases in groundwater recharge and stream
base flow so as to maintain aquatic life, assimilative capacity and potential
water supplies.
(5)Â
To maintain the integrity of stream geometry so as to
sustain the hydrologic functions of streams.
(6)Â
To control erosion and sedimentation so as to prevent
its deposition in streams and other receiving water bodies.
(7)Â
To facilitate the removal of pollutants in stormwater
runoff so as to perpetuate the natural biological functions of streams.
(8)Â
To the extent practical, secure multiple community benefits
such as groundwater replenishment, open space protection and increased recreational
and economic opportunity through integrated land use/stormwater management
planning.
(9)Â
To require the location, sizing, appearance and maintenance
of stormwater detention and retention ponds in a manner that ensures performance
of their intended functions and allows their practical maintenance, while
simultaneously requiring that such facilities blend into the landscape and
are perceived to be attractive amenities to the community.
[Added 9-27-2004 by L.L. No. 3-2004]
This chapter is intended to promote the public health and general welfare
by ensuring that all site disturbance and construction activities shall be
conducted according to appropriate management practices in order to avoid
flooding and irreparable damage to local water resources and biological communities
from stormwater runoff. All site preparation and construction activities requiring
approval under this chapter shall be in conformance with the provisions set
forth herein.
Unless specifically defined below, words or phrases shall be interpreted
so as to give them the meaning they have in common usage and to give this
chapter its most effective application. Words used in the singular shall include
the plural and the plural the singular; words used in the present tense shall
include the future tense. The word "shall" connotes mandatory and not discretionary;
the word "may" is permissive.
The qualified individual designated from time to time by the Board
of the Town of Monroe who shall implement and enforce the provisions of this
chapter.
Living in, on or near water.
[Added 9-27-2004 by L.L. No. 3-2004]
To make a site, lot, area of land or any portion thereof available
for use by physical alteration. Development includes but is not limited to,
providing access to a site, clearing or removal of vegetation, grading, excavation,
earth moving, providing utilities and other services such as parking facilities,
stormwater management and erosion control systems and sewage disposal systems,
altering land forms, creating impervious surfaces, or construction of a structure
on the land.
A structure constructed for the purpose of temporary storage of stream
flow or surface runoff and gradual release of stored water at controlled rates
that is dry except for during storm events.
[Added 9-27-2004 by L.L. No. 3-2004]
A stormwater design structure that provides for the gradual release
of a volume of water over a 12- to 48-hour interval in order to increase settling
of urban pollutants and protect downstream channels from frequent storm events
that is dry except for during storm events.
[Added 9-27-2004 by L.L. No. 3-2004]
Similar to an infiltration trench, but smaller with inflow from a
pipe; commonly covered with soil and used for drainage areas of less than
one acre such as roadside inlets and rooftop runoff.
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
Any act by which earth, sand, gravel, rock, coal or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced or relocated
and shall include the conditions resulting therefrom.
The elevation of the existing ground surface above sea level prior
to any excavating or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, pushed, dumped, pulled, transported or moved to a new
location and shall include the conditions resulting therefrom.
The elevation of the ground surface above sea level after grading
has been completed and the elevation coincides with the elevation called for
in a plan of grading.
For a given flood event, that area of land temporarily covered by
water which adjoins a watercourse.
An excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Any permit required by this chapter.
Impermeable surfaces, such as pavement or rooftops, which prevent
the percolation of water into the soil.
The application of such material as will produce a dust-free all-weather
hard surface.
A natural person or persons but shall also include a partnership
or corporation and their heirs, successors and assigns.
A channel for carrying low flows through a dry extended detention
pond that prevents scour.
[Added 9-27-2004 by L.L. No. 3-2004]
A written agreement entered into between a developer and the Town
which provides a schedule for the completion of public improvements required
by the Planning Board as part of its approval and which provides for the deposit
of a certain amount of cash with the Town in escrow to secure installation
of the required public improvements or in order to permit the Town to adequately
safeguard the project site in those instances where a developer has failed
to make public improvements according to the schedule.
A basin that holds water without release except by means of evaporation,
infiltration or emergency bypass.
[Added 9-27-2004 by L.L. No. 3-2004]
That state of grading which approximates the finished grade in a
plan of grading.
A flat area above the permanent pool and surrounding a stormwater
pond designed to provide a separation from the pond pool and adjacent slopes.
[Added 9-27-2004 by L.L. No. 3-2004]
The slope of the sides of a channel, darn, or embankment. It is customary
to name the horizontal distance first, as "1.5 to 1," or frequently "1Â 1/2:1,"
meaning a horizontal distance of 1.5 feet to one foot vertical.
[Added 9-27-2004 by L.L. No. 3-2004]
A lot, tract or parcel of land or a series of lots, tracts or parcels
of land, joined together, where grading work is continuous and performed at
the same time.
That ratio formed by the horizontal over the vertical difference
of position and where the vertical difference is usually expressed as one
(e.g., 2/1, 3/1, etc.).
A watercourse or body of water, either man-made or natural, whether
perennial, ephemeral/intermittent or continual.
A natural depression or wide shallow ditch used to temporarily route
and/or filter runoff.
Living or growing on land; not aquatic.
[Added 9-27-2004 by L.L. No. 3-2004]
A pond which provides removal of pollutants from runoff through biological
activity in the pond. The pond may also provide flow attenuation.
[Added 9-27-2004 by L.L. No. 3-2004]
A structure constructed for the purpose of temporary storage of stream
flow or surface runoff and gradual release of stored water at controlled rates
that has a permanent wet pool.
[Added 9-27-2004 by L.L. No. 3-2004]
[Amended 9-27-2004 by L.L. No. 3-2004]
All grading, excavating or filling or changes, additions, repairs or
alterations made to existing grading, excavating or filling shall conform
to the provisions of this chapter. All stormwater management and erosion control
plans shall comply with the provisions of this chapter. All stormwater treatment
and control structures and facilities shall comply with the design criteria
promulgated under authority of this chapter. The location, sizing and design
of all stormwater detention and retention ponds shall comply with the provisions
of this chapter and with the design criteria promulgated under authority of
this chapter.
No person shall commence or perform any grading, excavating or filling
without first having obtained a grading permit from the administrator. A separate
grading permit shall be required for each site. One permit may cover both
an excavation and any fill made on the same site. A grading permit will not
be required, however, in the following situations, but in all other respects
the provisions of this chapter shall apply:
A.Â
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 6,000 square feet and does not exceed 250 cubic yards. This exception shall not affect the applicability of this chapter to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection B herein.
B.Â
A fill which does not exceed five feet in vertical depth
at its deepest point measured to the existing grade, if the grading does not
cover an area of more than 20% of the site and does not exceed 6,000 square
feet and does not exceed 250 cubic yards, provided that the surface of such
fills does not have a slope at any point steeper than five horizontal to one
vertical.
C.Â
Mining activities regulated by the New York State Mined
Land Reclamation Law.
D.Â
Site work authorized by site plan or subdivision approvals
granted by the Town of Monroe Planning Board.
E.Â
Testing required as part of the permit review process
required by a governmental agency provided that a soil erosion and sedimentation
control plan, satisfactory to the administrator, is filed before such testing
work is begun.
[Amended 9-27-2004 by L.L. No. 3-2004]
Every applicant for a grading permit shall file a written application
therefor with the administrator. Such application shall:
A.Â
Describe the land on which the proposed work is to be
done by section, block, lot and street address or similar description which
will readily identify and locate the proposed work.
B.Â
Be accompanied by plans and specifications, in triplicate,
prepared by a registered engineer, registered surveyor or registered landscape
architect, licensed by the State of New York. All plans shall be dated and
bear the name and seal of the registered professional who prepared the same,
the name of the applicant and the name of the owner of the land. They shall
include:
(1)Â
A plan of survey.
(2)Â
A contour map showing the present contours of the land
and the proposed contours of the land after completion of the proposed grading,
at a scale not smaller than 50 feet to one inch and at a contour interval
of not greater than five feet.
(3)Â
A plan showing cross-sections of the proposed cut and/or
fill on fifty-foot intervals which show the method of benching both cut and/or
fill; however, under no circumstances shall there be fewer than two cross-sections
for each property involved under said permit.
(4)Â
A plot plan showing the location of the grading, boundaries,
lot lines, neighboring streets and ways, existing and proposed buildings,
existing waterlines and sewers or drains, existing utility lines, type of
ground cover or vegetation and sufficient dimensions and other data to show
the location of all work.
(5)Â
A description of the type and classification of the soils
obtained from an on-site investigation.
(6)Â
Details and location of existing watercourses, area and
details of paving, and any proposed drainage structures and pipes, walls and
cribbing, and details of bridges and/or culverts required to cross over watercourses.
(7)Â
Nature of fill material.
(8)Â
Such other information as the administrator may require
to carry out the purpose of this chapter.
C.Â
State the estimated dates of the starting and completion
of the grading work.
D.Â
State the purpose for which the grading application is
filed.
[Amended 9-27-2004 by L.L. No. 3-2004]
Every grading permit shall expire by limitation and become null and
void if the work authorized by such permit has not been commenced within six
months or is not completed within one year from the date of issue, provided
that the administrator may, if the permit holder presents satisfactory evidence,
in writing, that unusual difficulties have prevented the work from being started
or completed within the specified time limits, grant a reasonable extension
of time, and provided further that the application for the extension of time
is made before the date of expiration of the permit.
[Added 9-27-2004 by L.L. No. 3-2004[1]]
A.Â
All stormwater ponds, detention ponds, retention ponds
and water quality ponds shall be designed and constructed in a manner that
assures performance of their intended functions and allows their practical
maintenance simultaneously requiring that such facilities blend into the landscape
and are perceived to be attractive amenities to the community.
B.Â
All stormwater ponds, detention ponds, retention ponds
and water quality ponds shall be designed with due sensitivity to the environment
and shall be constructed in a manner consistent with plans approved by the
Planning Board.
C.Â
All stormwater ponds, detention ponds, retention ponds
and water quality ponds as well as all stormwater treatment and control structures
and facilities shall comply with the design criteria promulgated under authority
of this chapter.
D.Â
All stormwater ponds, detention ponds, retention ponds
and water quality ponds as well as all stormwater treatment and control structures
and facilities shall be designed and constructed as specified in such regulations
as shall be promulgated by the Town of Monroe and as such regulations may
be, from time to time, amended by resolution.
A.Â
The administrator shall make the inspections hereinafter
required and shall either approve that portion of the work that has been completed,
or notify the permit holder wherein the same fails to comply with the provisions
of this chapter.
B.Â
Plans for grading work, approved by the administrator,
shall be maintained at the site during the progress of the grading work until
the work has been approved.
C.Â
The permit holder shall notify the administrator in order
to obtain inspections in accordance with the following schedule, and such
notifications shall be made by the permit holder at least 72 hours before
the inspection is to be made.
(1)Â
Initial inspection: when work on the excavation or fill
is about to be commenced.
(2)Â
Rough grading: when all rough grading has been completed.
(3)Â
Drainage facilities: when drainage facilities are to
be installed and before such facilities are backfilled.
(4)Â
Special inspection: if at any time conditions are found
which are not stated on the permit holder's application.
(5)Â
Special structures: when excavations are complete for
retaining and crib walls and when reinforcing steel is in place and before
concrete is poured.
(6)Â
Final inspection: when all work, including the installation
of all drainage and other structures, has been completed.
D.Â
If, at any stage of the work, the administrator shall
determine by inspection that conditions exist such that the work as authorized
by an existing permit is likely to endanger any property or streets or ways
or create hazardous conditions, the administrator may require, as a condition
to allowing the work to be done, that such reasonable safety precautions be
taken as the administrator considers advisable to avoid the likelihood of
danger. Safety precautions may include, but shall not be limited to, specifying
a lesser degree of slope, construction of additional drainage facilities,
berms, terracing, compaction, cribbing or walls.
A.Â
It is the responsibility of an applicant to prepare a
Stormwater Management and Erosion Control Plan so that the Town of Monroe
can evaluate the environmental characteristics of the affected areas, the
potential and predicted impacts of the proposed activity on existing drainage
facilities and community waters, and the effectiveness and acceptability of
those measures proposed by the applicant for reducing or mitigating adverse
impacts.
B.Â
The Stormwater Management and Erosion Control Plan shall
contain the name, address, and telephone number of the owner of record as
well as of the developer. In addition, the legal description of the property
shall be provided, and its location with reference to such landmarks as waterbeds,
streams, adjoining roads, subdivision boundaries and municipal boundaries
shall be clearly identified on a map.
C.Â
The structure and content of the Stormwater Management
and Erosion Control Plan shall be as specified in regulations promulgated
by the Town of Monroe and as may be amended from time to time.
A.Â
The Town Board of the Town of Monroe shall determine
whether stormwater management facilities are to be maintained by the developer/owner,
a homeowners' association, or by the Town of Monroe.
(1)Â
If maintenance is to be performed by a homeowners'
association, the homeowners' association must be registered pursuant
to § 352-e of the New York State General Business Law.
(2)Â
If maintained by an owner or homeowners' association,
a maintenance plan containing a maintenance schedule shall be prepared by
the owner and/or homeowners' association for approval by the Town of
Monroe.
(3)Â
Stormwater management facilities maintained by an owner
or homeowners' association shall have adequate easements to permit the
Town of Monroe to inspect and, if necessary, to take effective action should
the owner fail to properly maintain the system. Before taking corrective action,
the Town of Monroe shall give the owner or homeowners' association written
notice of the nature of the existing defects. If the owner or homeowners'
association fails within 30 days from the date of notice to commence corrective
action or to appeal the matter to the Town of Monroe, the Town of Monroe may
take necessary corrective action, the cost of which shall be borne by the
owner or by the homeowners' association. If in the event that the homeowners'
association fails to pay for necessary corrective action, the Town of Monroe
shall place, or cause to have placed, a lien on the real property of the owner
or the members of the homeowners' association until payment is made.
B.Â
Stormwater management facilities may be dedicated to
the Town of Monroe for purposes of maintenance by mutual consent and agreement
of the developer/owner and the Town of Monroe.
A.Â
In order to ensure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town of Monroe in its approval of the Stormwater Management and Erosion Control Plan, the Town of Monroe may require the developer to provide, prior to any development activity, a performance and/or restoration bond in accordance with the provisions contained in Chapter 36 of the Town Code. The security shall be in an amount to be determined by the Town of Monroe based on submission of final design plans, with reference to actual construction costs. In addition, execution of a public improvement security agreement between the Town and the developer may also be required.
B.Â
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to any development activity, may be required to provide the Town of Monroe with a maintenance bond in accordance with the provisions of Chapter 36 of the Town Code to ensure proper operation and maintenance of all stormwater management and erosion control facilities.
A.Â
Nuisance. Any development or grading activity that is
commenced without prior approval of a Stormwater Management and Erosion Control
Plan (and grading permit, where required) or is conducted contrary to an approved
Stormwater Management and Erosion Control Plan or is commenced without first
installing and implementing erosion control measures and devices at the direction
of, and after inspection by, and upon the written approval of the Building
Inspector or Code Enforcement Officer, as required by this chapter, may be
restrained by injunction or otherwise abated in a manner provided by law.
B.Â
Civil and criminal penalties. Any and every violation
of the provisions of this chapter and failure to comply with an order to remedy
violation after service thereof shall constitute disorderly conduct, and the
owner, agent and/or contractor, lessee or tenant of any structure, premises,
lot or land, or any portion thereof where any violation of the provisions
of this chapter exists or was caused to exist, shall be a disorderly person,
punishable in accordance with the provisions of the Penal Law of the State
of New York. In addition to any penalty provided herein or by law, any person
who violates the provisions of this chapter shall be punished by a fine of
not less than $100 nor more than $250 or by imprisonment for a period not
to exceed 15 days, or by both such fine and imprisonment. Such person shall
be guilty of a separate offense for each day during which the violation occurs
or continues.
C.Â
Any violator may be required to restore land to its condition
prior to disturbance. In the event that restoration is not undertaken within
a reasonable time after notice, the Town of Monroe may take necessary corrective
action, the cost of which shall become a lien upon the property until paid.
D.Â
Notice of order to remedy violation. When the administrator
determines that developmental or grading activity is not being carried out
in accordance with the requirements of this chapter, it shall issue a written
order to remedy violation to the owner of record of the property. The order
to remedy violation shall contain:
(1)Â
The name and address of the owner of record or applicant.
(2)Â
The street address, when available, or a description
of the building, structure, or land upon which the violation is occurring.
(3)Â
A statement specifying the nature of the violation.
(4)Â
A description of the remedial actions necessary to bring
the development activity into compliance with this chapter and a time schedule
for completion of such remedial action.
(5)Â
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the order to remedy violation is
directed.
E.Â
The order to remedy violation shall be served upon the
person(s) to whom it is directed either personally or by mailing a copy of
the order to remedy violation by certified mail, postage prepaid, return receipt
requested, to such person at his or her last known address.
Any person aggrieved by the action of any official charged with the
administration and/or enforcement of this chapter, as the result of a disapproval
of a Stormwater Management and Erosion Control Plan, issuance of a written
order to remedy violation, or an alleged failure to properly comply with this
chapter in regard to a specific application, shall have the right to appeal
the action to the Town of Monroe Town Board.
The Town Board of the Town of Monroe is hereby authorized to establish
a schedule of fees for any permit application or inspections required under
this chapter. Such schedule of fees may be amended from time to time by resolution
of the Town Board.
