As used in this chapter, the following terms shall have the meanings
indicated:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of a dude
ranch or similar operation, or the construction of new structures associated
with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application
for land development.
CHANNEL
A natural or artificial watercourse with a definite bed and banks
that conducts flowing water continuously or periodically.
CLEARING
Any activity that removes the vegetative surface cover.
CLEARCUTTING
The removal of trees over eight inches in diameter measured at four
feet above ground level, and includes the stripping of soil.
COMMON PLAN OF DEVELOPMENT
Where multiple construction activities are occurring, or will occur,
whether in stages or phases on a contiguous area.
DEDICATION
The deliberate appropriation of property by its owner for general
public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent
version, including applicable updates, which serves as the official guide
for stormwater management principles, methods and practices.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff
or overland surface flow.
EROSION
The wearing away of the land surface by action of wind, water, gravity
or other natural forces.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book."
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel,
sand, soil or other natural deposits.
FARM OPERATIONS
All activities and practices which contribute to the growing or raising
of crops, livestock and livestock products as a commercial enterprise, including
a commercial horse boarding operation.
FILLING
Any activity which deposits natural or artificial material so as
to modify the surface or subsurface conditions of land, lakes, ponds, wetlands
or watercourses.
FINAL STABILIZATION
When all soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with a density of 80% has been established
or equivalent stabilization measures (such as the use of mulches, riprap or
geotextiles) have been employed on all areas not permanently improved by pavement,
concrete or structures.
GRADING
The alteration or reshaping of the surface or subsurface conditions
of land, lakes, ponds, wetlands or watercourses by excavation or filling.
IMPERVIOUS SURFACE OR COVER
Those surfaces in the urban landscape which do not have a permanent
vegetative cover and/or cannot effectively infiltrate rainfall, including,
but not limited to, building rooftops, pavement, sidewalks, driveways and
roads with a surface of compacted dirt or gravel, asphalt or concrete, decks
and swimming pools.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance. Regulated land disturbances are activities as defined in §
46-3 of this chapter.
MULCHING
The application of a layer of organic material such as wood chips,
hay, pine bark or other material at a sufficient thickness for the purpose
of effectively controlling erosion.
PARCEL
A designated lot, tract or area of land to be used, disturbed, developed
or built upon as a unit.
REDEVELOPMENT
The reconstruction or modification to any existing, previously developed
land, regardless of use, which involves disturbance to soil or its existing
overlying cover.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from its site
of origin by erosion.
SITE PREPARATION
The activities of stripping, excavation, filling and grading, no
matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material of whatever
origin which overlies bedrock.
STORMWATER MANAGEMENT OFFICER
The Building Inspector, municipal engineer or other employee designated
by the Town Board to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
STRIPPING
Any activity which removes or significantly disturbs trees, brush,
grass or any other kind of vegetation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic
Ocean within the territorial seas of the State of New York and all other bodies
of surface water, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters that do not combine or effect
a junction with natural surface or underground waters), that are wholly or
partially within or bordering the state or within its jurisdiction. Storm
sewers and waste treatment systems, including treatment ponds or lagoons that
also meet the criteria of this definition, are not waters of the state. This
exclusion applies only to man-made bodies of water which neither were originally
created in waters of the state (such as a disposal area in wetlands) nor resulted
from impoundment of waters of the state.
TOPSOIL
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.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal,
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 bank and any area adjacent thereto
subject to inundation by reason of overflow, flood or stormwater. For the
purpose of this chapter, the term "watercourse" shall be deemed to include
ponds and lakes.
WETLANDS
Those wetlands as regulated by the New York State Department of Environmental
Conservation and/or the United States Army Corps of Engineers.
The following activities are exempt from obtaining a permit pursuant to this chapter; however, such activities shall not be conducted in a manner that causes or results in soil erosion, sedimentation or a visible change in the quality of runoff as set forth in §
46-9 below.
A. Excavations for the basements and footings of single-family houses and for septic tank systems, wells and swimming pools attendant to single-family homes, excepting where those excavations are proposed in such locations as described under Subsection
A(1) and (2) of §
46-3 above. The area of excavation set forth herein shall be included in calculating the total amount of site disturbance for the purposes of compliance with §
46-3C and
D above.
B. Farm operations as defined by Article 25-AA of the Agriculture
and Markets Law.
D. Activities of an individual engaging in home gardening
by growing flowers, vegetables or other plants primarily for use by that person
and his or her family.
E. Landscaping and horticultural activities in connection
with an existing structure that result in less than 11,000 square feet in
aggregate of disturbance.
F. Emergency activities immediately necessary to protect
life, property or natural resources.
G. Governmental activities, but only to the extent that
such activities are exempted from the provisions of this chapter or are otherwise
exempt pursuant to state law.
H. Repairs to stormwater management facilities authorized
by the Stormwater Management Officer.
A site plan, approved pursuant to Article
VI of Chapter
57, or a subdivision plat approved pursuant to Chapter
A65 of the Code of the Town of Monroe, which also includes a separate erosion and sediment control plan meeting the requirements of this chapter, approved by the Planning Board shall constitute an erosion and sediment control permit approved under this chapter.
Where a major or minor land development permit is required pursuant to §
46-3C or
D, an application shall be submitted to the Stormwater Management Officer which includes the following:
A. Eight copies of a land development application form.
B. An application fee as set from time to time by resolution
of the Town Board. The fee shall be deemed a reasonable sum to cover the costs
of administration and shall in no part be returnable to the applicant(s).
C. Eight copies of an erosion and sediment control plan
or a stormwater pollution prevention plan, or both, as may be required herein.
Maps and plans accompanying the application shall be prepared by an individual
authorized by the State of New York to prepare such plans, which may include
an architect, engineer or landscape architect licensed by the State of New
York, or a certified professional in erosion and sediment control.
D. An environmental assessment form (EAF) pursuant to SEQRA
prepared and submitted by the applicant, unless the application concerns a
site plan or subdivision project already before the Planning Board for which
a SEQRA declaration has already been made.
In the event that an application requires the Town to incur additional
expenses for technical assistance in the review of an application, the applicant
shall pay the reasonable expenses incurred by the Town. The applicant shall
be notified of the expenses and shall deposit said funds in escrow as necessary
to cover to the costs being incurred.
Upon the approval of this chapter by the Town Board, all land development
activities regulated under this chapter shall be in conformance with the provisions
set forth herein. It shall be a violation of this chapter, or for any permit
issued thereof, to either cause or contribute to an impairment of aquatic
resources, a degradation of water quality, or to otherwise harm the natural
resources of the Town of Monroe. More specifically:
A. There shall be no increase in turbidity that will cause
a substantial visible contrast to natural conditions of surface water;
B. There shall be no increase in suspended, colloidal and
settleable solids that will cause deposition or impair the waters for their
best usages;
C. There shall be no residue from oil and floating substances,
or visible oil film, or globules of grease;
D. No uncontrolled sedimentation shall occur from any land
disturbance which:
(1) Is not properly managed by appropriate erosion and sediment
control practices.
(2) Causes or may potentially cause an impairment to water
quality.
E. There shall no increase in the peak rate of runoff which
causes an impairment to any stream, channel or drainage structure.
The following technical standards shall be used in the design and installation
of all erosion control, sediment control and stormwater practices designed
or installed under this chapter:
A. New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society) 2004 or the most current version or its successor (also referred
to as the "Erosion Control Manual").
B. New York State Stormwater Design Manual, latest edition
(New York State Department of Environmental Conservation).
C. Urban Hydrology for Small Watersheds (TR55) (USDA Natural
Resource Conservation Service).
D. Soil Survey of Orange County, New York (USDA Soil Conservation
Service).
An erosion and sediment control plan shall be prepared in accordance
with the technical standards provided for herein, and at a minimum shall include
the following information:
A. Existing features map(s), at a scale no smaller than
one inch equals 50 feet, indicating:
(1) The boundaries of all parcels on which site preparation
activities are proposed to be undertaken.
(2) All public improvements within a distance of 200 feet
of the parcel on which site preparation activities are proposed to be undertaken;
the structures, identified by their uses and capacities; and the roads, identified
by their surface material and width of surface.
(3) All wetlands, greater than 4,000 square feet in size,
and any watercourses located either on the site or within a distance of 100
feet of the parcels on which site preparation activities are proposed to be
undertaken.
(4) Existing topography at contour intervals of two feet
referenced to USGS datum.
(5) All sewer, water, gas and electric lines and all other
utilities within the parcels on which site preparation activities are proposed
to be undertaken.
(6) The location and description of all vegetation located
within the area of proposed disturbance, and including the area within 100
feet of the disturbance.
(7) The depth to bedrock on the site proposed for site preparation
activities.
(8) The depth to permanent groundwater aquifers on the site
proposed for site preparation activities.
(9) The boundary of the one-hundred-year floodplain, together
with wetland boundaries.
B. Drainage computations to evaluate the peak rates, and
volumes of runoff for the site in its predeveloped and postdeveloped conditions
may be required.
C. Development standards. All development plans, specifications
and timing schedules, including extensions of previously approved plans, shall
comply with the technical standards identified herein and shall be designed
for "newly graded" or "during construction" conditions. In the event of conflict
with this chapter, the requirements that, to the greater extent, will serve
to minimize erosion shall apply.
D. Site plan. A site plan shall be prepared at a scale no
smaller than one inch equals 50 feet, which shows the proposed developed conditions
for the site and the proposed erosion and sediment control measures, including:
(1) The location of all excavation, filling and grading proposed
to be undertaken, identified as to the depth, volume and nature of the materials
involved.
(2) The location of all soil stripping or tree cutting, identified
as to the nature of vegetation affected.
(3) All areas where topsoil is to be removed, stockpiled
and ultimately placed.
(4) All temporary and permanent vegetation to be placed on
the site, identified as to plant type, size, quantity, location, seed mixture
and rate of application, as appropriate.
(5) The type, location and application rate of all mulch.
(6) All temporary and permanent drainage, erosion and sediment
control practices, including such practices as stormwater ponds and temporary
sediment basins, identified as to the type of facility, the materials from
which they are constructed, their specifications or manufacturer product identification
number, their dimensions and their capacity.
(7) The anticipated pattern of surface drainage during periods
of peak runoff, upon completion of site preparation and construction activities,
identified as to rate and direction of flow at all major points within the
drainage systems.
(8) The location of all roads, driveways, sidewalks, structures,
utilities and other improvements, including the finished grade of any proposed
structures.
(9) The final contours of the areas of the site affected
by an action requiring a permit in intervals of no greater than two feet.
E. Supporting calculations to demonstrate the suitability
of erosion and sediment control measures.
F. A construction schedule which is keyed to the site plan
indicating:
(1) When major phases of the proposed project are to be initiated
and completed.
(2) When major site preparation activities are to be initiated
and completed.
(3) When the installation of temporary and permanent vegetation
and drainage, erosion and sediment control facilities are to be completed.
(4) The anticipated duration, in days, of exposure of all
major areas of site preparation before the installation of erosion and sediment
control measures.
G. An estimate of the costs of providing temporary and permanent
vegetation and drainage, erosion and sediment control facilities prepared
by a qualified individual as contained herein.
Prior to the issuance of any approval that has a stormwater management
facility as one of the requirements, the applicant or developer must execute
a maintenance easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide for
access to the facility at reasonable times for periodic inspection by the
Town of Monroe to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established by
this chapter. The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the Town Attorney of the Town of Monroe.
As a condition of the approval of a land development permit, the Stormwater
Management Officer may require that a maintenance agreement for the future
operation and maintenance of one or more of the stormwater management facilities
proposed for the site, in a form acceptable to the Town Attorney and binding
on all subsequent landowners, be executed and recorded in the office of the
County Clerk as a deed restriction on the property.
The following notations are to be included on all subdivision and site
plan erosion and sediment control plans, and may be required on erosion and
sediment control plans prepared for major and minor land development permits:
A. Road and drainage improvements.
(1) All topsoil to be stripped from the area being developed
shall be stockpiled not less than 200 feet from any body of surface water
and shall be immediately seeded with rye grass mixture with a quick germination
time.
(2) On all embankment fill slopes, topsoil shall be stripped
at least five feet wider than required for the embankment toe of slope. All
fill slopes shall be immediately stabilized using appropriate techniques which
meet the design criteria described in the New York Standards and Specifications
for Erosion and Sediment Control.
(3) Erosion and sediment control measures, including but
not limited to silt fencing, sediment traps, and check dams, shall also be
employed where necessary for supplementary erosion control measures.
(4) All cut slopes and embankment fills are to be immediately
laid back and stabilized using appropriate techniques which meet the design
criteria described in the New York Standards and Specifications for Erosion
and Sediment Control, which may include the following:
(a) Grade to finished slopes.
(c) Topsoiled with not less than four inches of suitable
topsoil material.
(d) Seeded with perennial rye grass. Seed shall be applied
at the rate of not less than five pounds per 1,000 square feet.
(e) Mulched with not less than one inch and not more than
three inches of straw (two tons per acre) and anchored in a suitable manner.
(5) Temporary on-site sedimentation basins for the immediate
control of erosion and sediment transport are to be provided when and where
required or ordered. The length, width and depth of such basins are to be
determined in the field in accordance with the New York Standards and Specifications
for Erosion and Sediment Control.
(6) All erosion control structures are to be maintained in
proper functioning order and are to be replaced or repaired as necessary.
B. General.
(1) Construction equipment shall not unnecessarily cross
live streams except by means of bridges and culverts or other approved methods.
(2) Wherever feasible, natural vegetation should be retained
and protected.
(3) Only the smallest practical area of land should be exposed
at any one time during development.
(4) Erosion control requirements shall include surface stabilization
measures applied as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case more than
seven days after the construction activity in that portion of the site has
temporarily or permanently ceased. From November 1 through March 31, any disturbed
area must be stabilized using a heavy mulch layer, a rolled erosion control
product or another method that does not require seed germination to control
erosion.
(5) The permanent final vegetation and structures shall be
installed as soon as practical and as may be directed by the Stormwater Management
Officer or Town Engineer.
(6) All erosion control measures employed during construction
shall comply with the standards found in New York Standards and Specifications
for Erosion and Sediment Control, latest edition.
(7) Phasing shall be required on all sites disturbing greater
than five acres, with the size of each phase to be established by the Planning
Board or Stormwater Management Officer.
The standards and requirements contained herein shall be applied in
reviewing and approving all permits pursuant to this chapter.
A. An erosion and sediment control plan shall seek to return
the quality of the stormwater leaving the site to its predisturbance condition
to the maximum extent practicable.
B. 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. Alterations
of grade, or disturbances to the natural vegetative cover on slopes greater
than 30%, shall be avoided.
C. 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.
D. The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during and after site preparation
and construction.
E. The smallest practical area of land shall be exposed
by site preparation at any given time.
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 that have been exposed or regraded during
site preparation are to be revegetated, 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 cause a permanent
adverse effect on 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 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 density of 90% of modified proctor with proper moisture
control.
K. All topsoil that 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. Topsoil
is not to be removed or sold from the site unless restoration has been completed.
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 effect 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
the anticipated flows, both within the site and from the entire upstream drainage
basin, so as to achieve no net increase in peak rate of runoff from the site.
O. Sufficient grades and drainage facilities shall be provided
to prevent the ponding of water, unless such ponding is proposed by the approved
site plan, 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,
temporary sediment basins and retention basins. During the course of construction,
where the Stormwater Management Officer or Town Engineer determines that additional
erosion control measures are needed, they shall be provided by the project
owner at no cost to the Town of Monroe.
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.
R. Wherever possible, clean water shall be diverted around
any areas of disturbance.
S. For any proposed grades planned to have a slope greater
than 3H:1V, the design engineer shall provide calculations documenting that
the slope will be stable as designed. Slope stability should be demonstrated
by two-dimensional limiting equilibrium methods such as the Bishop Simplified
Method. Further, the analysis should include an evaluation of seasonal high
groundwater conditions, including subsurface investigations if deemed necessary,
to assure that the slope will remain stable in "worst case" conditions.
T. The exposure of an area 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. The developer shall initiate stabilization measures as
soon as practicable in portions of the site where construction activities
have temporarily or permanently ceased, but in no case more than seven days
after the construction activity in that portion of the site has temporarily
or permanently ceased; except where the initiation of stabilization measures
by the seventh day after construction activity temporarily or permanently
ceased is precluded by snow cover or frozen ground conditions, stabilization
measures shall be initiated as soon as practicable.
A copy of all notice of intents and all contractor's certifications,
required pursuant to the New York State General Permit for Stormwater Discharges
from Construction Activity Permit No. GP-02-01 for all land disturbances,
development or redevelopment located within the Town of Monroe, shall also
be filed with the Monroe Planning Board.
The Town of Monroe Stormwater Management Officer is responsible for
conducting inspections of stormwater management practices (SMPs). All applicants
are required to submit "as built" plans for any stormwater management practices
located on-site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
Inspection programs shall be established on any reasonable basis, including,
but not limited to: routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities
and evaluating the condition of drainage control facilities and other stormwater
management practices.
The Town of Monroe Stormwater Management Officer may require monitoring
and reporting from entities subject to this chapter as are necessary to determine
compliance with this chapter.
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 construction, may be required to provide the Town of Monroe with an irrevocable
letter of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and erosion
control facilities both during and after construction, and until the facilities
are removed from operation. If the developer or landowner fails to properly
operate and maintain stormwater management and erosion and sediment control
facilities, the Town of Monroe may draw upon the account to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
Where one or more of the requirements contained herein are not requisite
in the interest of health, safety or general welfare or will provide information
extraneous to the issuance of a permit, then one or more of the requirements
may be waived by either the Planning Board or the Stormwater Management Officer,
whichever shall have original jurisdiction.
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.
Any person aggrieved by an order or decision issued pursuant to this
chapter may seek review by the Town of Monroe Zoning Board of Appeals and
then may seek judicial review pursuant to Article 78 of the Civil Practice
Law and Rules in the Supreme Court for the County of Orange. Such appeals
shall be filed within 30 days after the date of a determination on the issuance
of a permit or, in the case of a decision by the Planning Board, the filing
of the particular order or decision with the Monroe Town Clerk.