[HISTORY: Adopted by the Town Board of the Town of Union 2-5-1969
by L.L. No. 1-1969. Amendments noted where applicable.]
[Amended 2-1-1978 by L.L. No. 3-1978; 5-3-1984
by L.L. No. 7-1984]
It shall be unlawful for any person to stop, fill up, confine, pave,
allow obstructions to accumulate or otherwise interfere with or change the
course of any drain, ditch, stream or watercourse in the Town of Union without
first obtaining from the Director of Services or other authorized Town official
a permit authorizing such work to be performed, and no drain, ditch, stream
or watercourse shall be stopped, filled up, confined, paved or otherwise interfered
with or the course thereof changed except in strict accordance with the terms
and conditions of such permit and the plans and specifications submitted therewith.
All permits shall comply with the regulations set forth in Chapter 205, Zoning,
Article IX, Floodplain Management FPM District.
The application for a permit shall be in a form prescribed by the Town
of Union and accompanied by plans and specifications prepared by a duly licensed
engineer or surveyor. The plans and specifications shall show the exact nature
of the work to be performed, the course, structure and capacity of all drains,
streams and watercourses, the method of drainage of the adjacent or contiguous
territory and any other necessary information and explanatory details required
by the Director of Services.
The application and plans and specifications shall be filed in triplicate
with the Director of Services, who may specify alterations, changes or modifications
in the plans and specifications which he deems necessary and may refuse a
permit until such alterations, changes and modifications have been made. If
the Director of Services shall disapprove the plans and specifications submitted
and refuse a permit, the reasons therefor will be set forth in writing and
given to the applicant, within 30 days after filing, who may, within 30 days
thereafter, appeal to the Town Board in writing. The Town Board may call a
public hearing and decide such appeal at its next regular meeting.
The Town Engineer shall be notified at least 24 hours in advance of
the commencement of the work in order that provision may be made for proper
inspection thereof. Samples of material and every reasonable facility for
ascertaining whether the work is in conformity with the provisions of this
chapter shall be furnished to the Town Engineer as he may require.
A fee as set from time to time by resolution of the Town Board shall
be paid to the Town when the application is filed, and the owner shall also
pay the actual cost of any material tests and reimburse the Town for necessary
inspection at the rate as set from time to time by resolution of the Town
Board for each hour or portion thereof a Town inspector is engaged on the
work.
Any person violating any of the provisions of this chapter shall be
liable, on conviction thereof, to a fine not exceeding $250 or imprisonment
for not more than 15 days, or both, for each and every offense, and when any
person shall have been notified by the Director of Services or by service
of a summons in a prosecution or any other way that he is committing a violation
of this chapter, each day in which the violation is continued after such notification
shall constitute a separate offense punishable by like penalty.
