[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-8-2001
by L.L. No. 1-2001. Amendments noted where applicable.]
In any project, wherein site plan approval is required by the Planning
Board, including, but not limited to, condominium, townhouse, apartment, commercial
and business parks, the ownership and maintenance responsibility for stormwater
retention and detention basins and water quality basins shall remain with
the site owner. Construction, operation and maintenance shall be required
for any site plan approval.
For site plans, any such basins shall remain on the same lot as the
site improvements. It is not permissible to create a separate lot for any
such basin.
A.
For subdivisions, a homeowners' association shall not
be obligated to own and maintain the drainage basins or ponds.
B.
For subdivisions, the town shall accept dedication of
the properties on which the basin and improvements are located and assume
maintenance responsibilities, this being determined the best alternative to
guarantee the long-term proper function of the improvements.
C.
Drainage districts.
(1)
For subdivisions, in order to create a device to financially
support the maintenance of needed drainage facilities, a drainage district
shall be created, which shall incorporate all lots of the subdivision and
any other lots the town may determine are benefited by the improvements; and
the drainage district shall be formed, before final subdivision approval,
with all costs borne by the developer.
(2)
Drainage districts so formed shall contract out for grass
mowing, maintenance and clean-out of the basins approximately six times per
year or as required; and the Department of Public Works shall maintain the
inlet and outlet structures as required.
D.
Prior to subdivision approval, the developer shall provide
a deed of said facilities to the town, including a metes and bounds description
for the basin parcel or easement to the attorney for the town, the engineer
for the town and Highway Superintendent for review and approval.
The following basin design criteria shall be incorporated into all basins
and ponds:
A.
Landscaping is required where buffers or screening are
necessary, staggered white pine plantings and berms being deemed preferable
for these situations as determined by the Planning Board.
B.
Basins shall include stone channels between inlet and
outlet locations. The channel shall be over excavated, filled with stone during
construction and have a final course of rip-rap placed after initial siltation
occurs and the basin is stabilized.
C.
Side slopes shall generally be 1:3 (vertical:horizontal).
D.
Maximum side slope shall be 1:2.
E.
Fences may be required at the discretion of the Planning
Board.
F.
All drainage basins will be provided with maintenance
roads for access, including easements. The design and detail shall be provided
as part of the plan submitted for Planning Board review and shall be found
acceptable to the Town Engineer and Department of Pubic Works Superintendent.
