This article shall be known as the "Town of
Henrietta Drainage Control Law."
The provisions herein contained are for the
purpose of achieving and maintaining an adequate, efficient and balanced
drainage and flood prevention system coordinated with existing and
projected land uses and in compliance with minimum protection levels
to be integrated with all public works planning, open land uses, conservation
objectives, watershed management and any community-inspired proposals
designed to promote the public welfare but not prejudicial to or inconsistent
with the primary purpose of adequate drainage and flood hazard prevention
requirements.
Certain terms used herein shall be defined as
follows:
AVERAGE RECURRENCE INTERVAL
The average interval in years between peak stream flows or
rainfall intensity of a given magnitude, determined statistically
or measured hydrologically over a base period of time.
DEVELOPER
The actual owner or owners of the land and/or a person, firm
or corporation who or which shall develop or use land within the Town
in such a manner that in any way affects the storm- or surface water
drainage characteristics of the property developed or used. The term
"developer" shall include municipal, charitable and educational corporations,
institutions or associations.
DEVELOPMENT
Any improved land use, including residential, commercial,
industrial, institutional or recreational.
DRAINAGE SYSTEM
A network consisting of any combination or type of open channels,
holding basins and enclosed facilities employed to convey the runoff
of natural waters.
[Amended 9-7-1977]
ENCROACHMENT LIMIT
The boundary of a maintenanceway easement adjacent to a drainage
channel within which no building or structure shall be erected or
trees, bushes or other plantings planted which shall interfere with
the maintenance of the drainage channel.
FLOOD HAZARD
Overflow water having sufficient velocity to transport debris,
to scour the surface soil or to dislodge or damage structures or contents.
It also indicates erosion of the banks of watercourses.
INUNDATION
Standing water or water in motion of sufficient depth to
damage property due to the mere presence of or momentary contact with
water, or to the deposition of silt.
OPEN DRAINAGE SYSTEM
A network of natural streams, constructed channels, ditches
and detention/retention areas employed to convey and control the runoff
of natural waters.
[Amended 9-7-1977]
TOWN
The Town of Henrietta.
TOWN DRAINAGE REPORT
A report titled "Primary Requirements for Drainage Planning
- Drainage Study, Stage Two" by the Monroe County Planning Council.
[Added 2-18-2015 by L.L.
No. 1-2015]
Residential manhole covers shall be maintained in accordance with the requirements of Chapter
219, Article
II, Sewer Use, §
219-12.
Before final Planning Board approval of a development
plan, the developer shall submit drainage plans with a report containing
sufficient data for the Town Director of Engineering and Planning
to check the feasibility of the drainage system as proposed by the
developer. The following data shall be included:
A. Hydrologic (at all critical points within the development).
(1) Tributary drainage area delineated on the map.
(5) Design flow and protection level.
B. Hydraulic.
(1) The plan and profile of all drainage systems.
(2) Sizes and types of drainage improvements, including
special structures, typical sections, easements, width and fencing.
(3) When required, supporting calculations for upstream
and downstream channel capacities as they affect water surface levels
and backwater within the development. Such calculations shall be supported
by such additional survey information as may be required to determine
profile and cross section of the upstream and downstream channel reaches
of the development under consideration.
(4) A development grading plan prepared to suitable contour
intervals with grading details to indicate proposed street grades
and elevations, building site elevations and surface elevations at
critical points throughout the development (similar to the Federal
Housing Administration - type grading plan).
[Added 2-18-2015 by L.L.
No. 1-2015]
A. The property
owner shall be responsible for any maintenance or repair of that portion
of the storm lateral that he/she owns.
B. The portion
that the property owner is responsible for shall be any drainage infrastructure
not otherwise located in a Town easement and/or any Town, county or
New York State right-of-way, including drainage infrastructure located
between any structure on private property and the right-of-way or
easement.
C. In the
event of a blocked storm lateral and the absence of an existing cleanout,
the property owner shall be required to have a cleanout installed
prior to any repair work by the Town. The cleanout shall be located
at the junction of the existing easement or Town right-of-way and
the homeowner's property.
D. All repairs
to any storm laterals in the Town of Henrietta must be made with PVC
SDR-21.
In order to ensure the proper performance of the work to be completed under plans as approved under §
84-16 above, the Town may require a cash deposit, a letter of credit or a performance bond issued by an acceptable bonding or surety company.
The approval of plans for proposed drainage
systems and flood hazard prevention requirements shall not constitute
a representation, guaranty or warranty of any kind or nature by the
Town of Henrietta or by an officer or employee thereof of the safety,
operation, adequacy or intent of the proposed facilities and shall
create no liability upon or cause for action against such public body,
officer or employee for any damage that may result from construction
pursuant thereto.
[Added 6-20-2001 by L.L. No. 3-2001;
amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this article shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $100, up to a maximum amount of $250. Each
week's continued violation shall constitute a separate additional
violation.