[Amended 6-13-2017 by L.L. No. 5-2017]
It is the responsibility of the applicant to
see that all SEQRA requirements are met (see 6 NYCRR Part 617). To
ensure this, an applicant proposing a project deemed by the Planning
Board to have the potential of a significant adverse environmental
impact, shall deposit with the Village Clerk an amount specified in
the fee schedule (in addition to the initial SEQRA review fee) which will
be used by any reviewing board to retain one or more consultants who
will identify the applicable SEQRA requirements, and review the applicant's
SEQRA documentation on behalf of such board. Any excess money at the
end of the SEQRA process will be returned to the applicant. During
the SEQRA process, any deficiency must be made up by the applicant
within 30 days' notice of the deficiency, which notice shall include
a copy of the billing charged against the deposit. Failure to make
up such deficiency will result in review of the application being
suspended.
[Amended 6-13-2017 by L.L. No. 5-2017]
The floodway/floodway fringe is established by the Federal Emergency Management Agency (FEMA) to regulate areas subject to flooding and to protect property with aesthetic and recreational values and other natural resource values associated with the floodplains and wetlands of the Village (see Chapter
107, Flood Damage Prevention).
[Amended 6-13-2017 by L.L. No. 5-2017]
Erosion and sedimentation controls. The Planning Board is authorized to adopt rules and regulations, including requirements to post maintenance bonds, pertaining to erosion and sedimentation controls in any project requiring site development plan approval and for the environmental control of such projects. Erosion and sedimentation controls shall be designed and implemented in accordance with Chapter
168, Article
I. This requirement shall not relieve any project of the obligation to obtain such permits as may be required by State or Federal agencies.
It is the purpose of this section to protect
public health, safety and welfare in the Village of Monroe by regulating
site preparation and construction activities, including excavation,
filling, grading and stripping, so as to prevent problems related
to erosion, sediment or drainage.
A. Applicability. No land shall be disturbed by any person, entity, or a public agency other than the Village, unless the applicant has filed with the Building Inspector an application and plan, and said application and plan shall have been approved by the Building Inspector and/or Planning Board (see §
200-68). If such work covered by the application is also subject to Planning Board approval, this process may be accomplished simultaneously with conditional use authorization, site plan approval or subdivision review. A SPDES General Permit for Construction Activities must also be obtained from the NYSDEC prior to soil disturbance activities as necessary (Chapter
168, Article
I). For the purpose of this section, the word "disturbed" shall include any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and any activity, including clearing, grading, transporting, filling or other activity, which causes land to be exposed to the dangers of erosion, increased runoff, pollution, unnecessary destruction of trees, increased slope instability and unnecessary modification of actual topography or unique geological features.
[Amended 6-13-2017 by L.L. No. 5-2017]
(1) Acts and activities requiring approval are those that
include site preparation on slopes which exceed 1 1/2 feet of
vertical rise to 10 feet of horizontal distance; excavation and/or
filling which affect more than 50 cubic yards of material; and grading
and/or stripping which affects more than 5,000 square feet of ground
surface.
(2) Exempt acts and activities are those that include
excavations for basements and footings of one- or two-family detached
dwellings, septic systems, wells, swimming pools, soil testing and
gardening and activities related to the maintenance of landscape features
on existing developed lots.
B. Referrals. Copies of the plan, and accompanying data,
may be referred to the Soil Conservation Service, Village Engineer
and any other agency deemed necessary by the Planning Board for their
review. These recommendations shall be considered prior to approving
the plan. All related costs are to be borne by the applicant.
C. Necessary information. The plan shall address the
following elements:
(1) Location and description of existing natural and man-made
features on and surrounding the site (within a distance of 300 feet).
(2) Location and description of proposed changes to the
site, including the showing of the now existing and the proposed finish
ground contours, with a two-foot interval.
(3) Measures for drainage, soil erosion and sediment control.
(4) A time schedule indicating when phases are to be initiated
and completed and when temporary and permanent vegetation, drainage,
erosion and sediment control facilities are to be completed.
D. Action. The Planning Board shall approve (or disapprove)
the plan within 60 days of the date of filing a complete plan and
any accompanying data. In approving the plan, the Planning Board shall
fix a reasonable time limit and may attach any conditions which it
deems necessary to assure compliance with the provisions of this section.
E. Performance bond and/or cash deposit. The applicant
may be required to file with the Village Board a performance bond
and/or cash deposit sufficient to cover the cost of all improvements
and treatment outlined on the plan. The sufficiency of such bond or
deposit shall meet the requirements of the Village Engineer's estimate.
F. Inspection. The Building Inspector, the Department
of Public Works Superintendent and/or the Village Engineer shall inspect
the site as frequently as necessary to assure compliance with the
terms of approval.
[Amended 6-21-2011 by L.L. No. 2-2011]