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.
ADMINISTRATOR
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.
AQUATIC
Living in, on or near water.
[Added 9-27-2004 by L.L. No. 3-2004]
DEVELOPMENT
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.
DRY DETENTION POND
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]
DRY EXTENDED DETENTION POND
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]
DRY WELL
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind,
ice or gravity, including such processes as gravitational creep.
EXCAVATION
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.
FILL
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.
FINISHED GRADE
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.
FLOODPLAIN
For a given flood event, that area of land temporarily covered by
water which adjoins a watercourse.
GRADING
An excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
IMPERVIOUS AREA
Impermeable surfaces, such as pavement or rooftops, which prevent
the percolation of water into the soil.
PAVING
The application of such material as will produce a dust-free all-weather
hard surface.
PERSON
A natural person or persons but shall also include a partnership
or corporation and their heirs, successors and assigns.
PILOT CHANNEL
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]
PUBLIC IMPROVEMENT SECURITY AGREEMENT
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.
RETENTION POND
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]
ROUGH GRADE
That state of grading which approximates the finished grade in a
plan of grading.
SAFETY BENCH
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]
SIDE SLOPE
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 "1 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]
SITE
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.
SLOPE
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.).
STREAM
A watercourse or body of water, either man-made or natural, whether
perennial, ephemeral/intermittent or continual.
SWALE
A natural depression or wide shallow ditch used to temporarily route
and/or filter runoff.
TERRESTRIAL
Living or growing on land; not aquatic.
[Added 9-27-2004 by L.L. No. 3-2004]
WATER QUALITY POND
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]
WET DETENTION POND
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. 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. 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. Mining activities regulated by the New York State Mined
Land Reclamation Law.
D. Site work authorized by site plan or subdivision approvals
granted by the Town of Monroe Planning Board.
E. 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. 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. 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:
(2) 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) 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) 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) A description of the type and classification of the soils
obtained from an on-site investigation.
(6) 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.
(8) Such other information as the administrator may require
to carry out the purpose of this chapter.
C. State the estimated dates of the starting and completion
of the grading work.
D. 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]
A. 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. 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. 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. 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.
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.