No person, firm or corporation shall fill or divert any of the streams or watercourses within the City of Peekskill, except when authorized by a state or federal agency, unless such person, firm or corporation shall have secured a permit for this purpose from the Common Council before filling or diverting any streams or watercourses within the City of Peekskill. The Common Council may in its discretion deny a permit if it determines that a proposed filling or diversion is detrimental to the drainage or welfare of the City of Peekskill.
[HISTORY: Adopted by the Common Council of the City of Peekskill 5-10-1965 (Ch. 267 of the 1984 Code). Amendments noted where applicable.]
Applications for permits shall be in writing, on a form to be provided by the City Clerk, and accompanied by a survey and plan prepared by an engineer duly licensed by the State of New York.
The survey and plan accompanying the application shall show, in connection with the proposed work, the site location, together with necessary topographical information to review the application. Sufficient engineering information and study shall set forth existing upstream and downstream conditions which will affect the proposed work.
The application for the proposed work shall include necessary runoff computations using the Rational Method, the upstream watershed area and a rainfall intensity of not less than a ten-year return frequency, together with approximate runoff coefficients to determine the size of any channel sections, pipes or waterway openings associated with such proposed diversions and/or fillings.
All filling of streams or watercourses shall include any and all necessary bridges, culverts, stormwater or pipe drains of any nature or description.
The Common Council may, after review of such application, in its discretion deny the issuance of a permit if the Common Council determines that the proposed filling or diversion is detrimental to the drainage or general welfare of the City of Peekskill.
[Amended 5-14-2007 by L.L. No. 3-2007]
The provisions of this chapter shall not supersede the provisions of the Environmental Conservation Law of the State of New York or the provisions of the Westchester County Stream Control Administrative Code but shall be considered to be in addition thereto.
[Amended 2-27-2017 by L.L. No. 1-2017]
A fee as set forth in the Consolidated Fee Schedule maintained by the office of the City Clerk shall accompany each application for a permit under this chapter.
This chapter shall not apply to work shown on construction drawings and/or improvement plans for subdivisions duly approved by the Planning Commission of the City of Peekskill.
[Amended 3-13-2000]
Any person, firm, corporation, general agent or contractor who or which shall violate any of the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $100 and not more than $1,000 for each day's continued violation or imprisonment for a period of 10 days, or both.