Village of Naples, NY Article XIV Soil Erosion and Sedimentation Control

§ 385-46 Purpose.

A. The purpose of this article is to protect public health, safety and welfare in the Village of Naples by regulating site preparation and construction activities, including excavation, filling, grading and stripping, so as to:

(1) Prevent problems related to erosion, sediment or drainage.

(2) Preserve the quality of the natural environment from such adverse effects of site preparation and construction as:

(a) Pollution of lakes, ponds and watercourses from silt or other materials;

(b) Unnecessary destruction of trees and other vegetation;

(c) Excessive exposure of soil to erosion;

(d) Unnecessary modification of natural topography of unique geological features;

(e) Failure to restore sites to an attractive natural condition.

(3) Protect people and properties from such adverse effects of site preparation and construction as:

(a) Increased runoff, erosion and sediment;

(b) Increased threat to life and property from flooding or stormwaters;

(c) Increased slope instability and hazards from landslides and slumping; and

(d) Modifications of the groundwater regime that adversely affect wells and surface water levels.

(4) Protect the Village of Naples and other governmental bodies from having to undertake, at public expense, programs of repairing roads, flood protection facilities and other public facilities.

B. Site preparation and construction shall be fitted to the vegetation, topography and other natural features of the site and shall preserve as may of these features as feasible.

§ 385-47 Site preparation.

No site preparation shall commence until a soil erosion and sedimentation control permit has been issued for any activity requiring a permit as listed in § 385-48.

§ 385-48 Activities requiring permit.

None of the following activities shall be commenced until a permit has been issued under the provisions of this chapter:

A. Site preparation in connection with the subdivision of land into two or more parcels or as regulated under the Subdivision Regulations of the Village of Naples.[1]

[1] Editor's Note: See Ch. 315, Subdivision of Land.

B. Site preparation within wetlands regulated by the New York State Department of Environmental Conservation under the Freshwater Wetlands Act of the State of New York.[2]

[2] Editor's Note: See Art. 24 of the Environmental Conservation Law.

C. Site preparation within the one-hundred-year floodplain and/or floodway of any watercourse as regulated under the Flood Protection Law of the Village of Naples[3] and this chapter.

[3] Editor's Note: See Ch. 127, Flood Damage Prevention.

D. Site preparation requiring site plan or special use permit approval as regulated in this chapter.

E. Stripping or grading which affects more than 15,000 square feet of ground surface within any parcel or any contiguous area.

F. Excavation or filling which exceeds a total of 200 cubic yards of material within any parcel or contiguous area. Any residential home or new addition located on a slope greater than 3% shall comply with soil erosion and sedimentation control and require silt fencing where deemed necessary to stop flow to neighboring property.

§ 385-49 Exempt activities.

The following activities are exempt from permit requirements:

A. Activities not meeting the criteria in § 385-48 herein.

B. Agricultural operations.

C. Outside of the Land Conservation District/Floodplain, excavations for the basement and footings of single-family houses on a single lot and for septic tank systems, wells, and swimming pools attendant to single-family homes on a single lot; not excepting, however, those excavations that are part of an activity required to obtain permits under § 385-48 or which exceed the limits for excavation as identified in § 385-48.

[Amended 7-16-2008 by L.L. No. 4-2008]

D. Household gardening and activities related to the maintenance of landscape features on existing developed lots, excepting such activities as are required to obtain permits under § 385-48.

E. Governmental activities to the extent such activities are exempted by law.