[HISTORY: Adopted by the Town Board of the Town of Greenburgh 3-27-1991
by L.L. No. 15-1991. Amendments noted where applicable.]
The purpose of this chapter is to regulate the construction of drains,
culverts, pipes, ditches, sluices and other channels for the passage of water,
to regulate the filling, diverting or other altering of existing streams and
watercourses and to remedy those conditions presently existing which constitute
a flood hazard, in order to protect the property within the Town from floods,
freshets and high waters.
The following words and terms used in this chapter shall have the meanings
indicated:
The natural or artificial flow, intensity or quality of flow of waters
or drainage.
Any dams, diversions, construction of any kind, deposits of debris,
fill, sand, stone or other material of any kind.
Any stream flowing in a defined bed or channel, with banks and sides,
not necessarily running all of the time, but fed from other and more permanent
sources than mere surface water, any ditch, culvert, pipe, sluices, drainage
system or other channel for the passage of water.
No person, firm or corporation shall do any of the following without
first having obtained a permit from the Department of Public Works:
A.
Place, deposit or permit to be placed or deposited any
obstruction into any watercourse.
B.
Construct or place any ditch, pipe, culvert or artificial
watercourse of any kind or nature which shall collect and direct the flow
of natural surface waters or drainage from paved surfaces, structures, roads
or improvements, directly into any watercourse.
C.
Obstruct or otherwise change or alter the flow through
any watercourse.
A.
Each application for a permit shall be made to the Commissioner
of Public Works on forms supplied by him and shall include but not be limited
to the following:
(1)
The name and address of the applicant.
(2)
The name and address of the property owner.
(3)
Runoff computations using the Rational Method.
(4)
The upstream watershed area.
(5)
A rainfall intensity of not less than a ten-year return
frequency.
(6)
Appropriate coefficients to determine the size of any
channel sections, pipes or waterway openings associated with such proposed
diversion or filling.
B.
A survey and site plan prepared by a licensed engineer,
along with topographical information, shall accompany the application
and shall be given to the Town Engineer for review. In certain cases, however,
the Town Engineer may waive this requirement when the proposed construction
or alteration does not significantly affect an existing watercourse.
C.
Any proposal for obstructing a watercourse shall include
plans for any bridges, culverts, stormwater or pipe drains of any nature or
description which may be required to be constructed.
D.
For each application submitted, the applicant shall pay
an application fee to be set by the Town Board by resolution.
A.
Notice of an existing obstruction or other alteration
of the flow through, across or to any watercourse which causes the inundation
of real property, buildings or other premises or, in the opinion of the Commissioner,
constitutes an undue burden upon the drainage system or hampers the proper
present or future course of development of the drainage system or constitutes
or in the reasonably foreseeable future will constitute a danger or hazard
to the well-being, safety or general welfare of the residents of the Town
or any property located therein shall be served on the owner or someone of
the owner's executors, legal representatives, agents, lessees or any other
person having a vested or contingent interest in the property on which the
obstruction or other alteration of the flow is situated, either personally
or by certified mail sent to the last known address of the owner or someone
of the owner's executors, legal representatives, agents, lessees or any other
person having a vested interest in the same. Said notice shall contain a statement
describing the obstruction or other alteration and an order requiring the
same to be removed or corrected. If service is made by certified mail, a copy
of the notice shall be posted on the premises. The notice shall provide for
the removal or correction of the obstruction or other alteration within 14
days after receipt of the notice, subject to appeal to the Town Board within
said 14 days.
B.
In the event that the owner or someone of the owner's
executors, legal representatives, agents, lessees or any other person having
a vested or contingent interest in the property fails or refuses to remove
or correct the obstruction or other alteration, the Town Board may remove
the obstruction or other alteration after holding a hearing. Notice of the
hearing shall be served on the owner or someone of the owner's executors,
legal representatives, agents, lessees or any other person having a vested
or contingent interest in the property either personally or by certified mail.
If service is made by certified mail, a copy of the notice shall be posted
on the premises.
C.
The costs and expenses incurred by the Town in connection with the proceedings set forth in this chapter, including the cost of actually removing or correcting said obstruction or other alteration, shall be assessed against the land on which the obstruction or other alteration is located in addition to any penalties which may be levied as provided in § 270-6 below.
A.
Any violation of the provisions of this chapter shall,
upon conviction, be punishable by a fine of not more than $500 and/or imprisonment
not to exceed three months. Each day the violation continues shall constitute
a separate offense.
B.
A second and subsequent conviction for the same offense
shall be punishable by a fine of not more than $1,000 and/or imprisonment
not to exceed six months. Each day the violation continues shall constitute
a separate offense.
