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Town/Village of Harrison, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Harrison 6-6-1990 as L.L. No. 5-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 126.
Freshwater wetlands — See Ch. 149.
Water — See Ch. 229.
This chapter shall be known as the "Water Pollution Control Law of the Town of Harrison."
It is declared to be the public policy of the Town of Harrison to preserve, protect and conserve local waters (as hereinafter defined) in the Town of Harrison that provide drinking water, to prevent the despoliation and destruction of such local waters and to regulate the discharge or runoff of pollutants into such local waters to avoid contamination of such local waters and to ensure a future supply of safe and healthful drinking water, consistent with the protection of the public health, safety and general welfare of the people and property of the Town of Harrison. It is further declared to be the policy of the Town Board of the Town of Harrison to exercise its authority pursuant to § 10 of the New York State Municipal Home Rule Law, Section 313 of the Federal Water Pollution Control Act (33 U.S.C. § 1323), Section 319 of the Federal Water Pollution Control Act (33 U.S.C. § 1329), and Safe Water Drinking Act's Surface Water Treatment Rule, 54 Fed. Reg. 27486 (June 29, 1989), as the same may be amended from time to time.
A. 
Local waters are invaluable water resources to the Town of Harrison and those persons within its jurisdiction.
B. 
The unregulated discharge or runoff of pollutants, directly or indirectly, into local waters threatens the quality of local waters, posing potential public health and safety hazards. Drinking water is in jeopardy of being despoiled or impaired by such unregulated acts. Pollution from such unregulated acts as stormwater runoff is known to be a leading cause of water quality impairment. Stormwater runoff is heavily laden with toxic heavy metals, pesticides, oil, salt and other damaging pollutants which cause cancer and other serious human illnesses.
C. 
The foregoing conclusions are confirmed by findings set forth in the Nonpoint Source Management Program, dated January 1990, prepared by the New York State Department of Environmental Conservation; the Water Quality Management Plan of Westchester County, prepared pursuant to Section 208 of the Federal Pollution Control Act; the Report to Governor Thomas H. Kean, the New Jersey State Legislature, and the Board of Public Utilities: Evaluation and Recommendations Concerning Buffer Zones Around Public Water Supply Reservoirs, dated December 1989, prepared by the New Jersey Department of Environmental Protection; and Proposed Rules for National Pollutant Discharge Elimination System Permit Application Regulations for Stormwater Discharges, 53 Fed. Reg. 49416 (December 7, 1988).
D. 
Controlling the discharge and runoff of pollutants from stormwater runoff or any other unregulated acts into local waters is a matter of the Town of Harrison's concern. Unless measures are adopted to control the discharge and runoff of pollutants into such local waters, discharge and runoff will predictably occur with greater frequency and degree of hazard by reason of increasing construction, commercial and industrial development, population and vehicular traffic in the Town of Harrison.
E. 
Any loss of drinking water deprives the people of the Town of Harrison of a natural resource.
The following terms, phrases, words and their derivatives shall have the meanings given herein, whether or not they are capitalized in the text:
AGENCY
The duly appointed Planning Board of the Town of Harrison as created pursuant to § 271 of the Town Law.
APPLICANT
Any person who files an application for any permit issued by the agency pursuant to this chapter, and includes the agent of the owner or a contract vendor.
BOARD
The duly appointed Town Board of the Town of Harrison.
BUILDING INSPECTOR
The duly appointed Building Inspector of the Town of Harrison.
DISCHARGE
The addition of pollutants into the local waters from any source.
DRINKING WATER RESOURCE
Any body of surface or ground water now or hereafter used to provide public drinking water through a governmental body or regulated public utility.
[Amended 12-16-1992 by L.L. No. 4-1992].
FWPCA
The Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as the same may be amended from time to time.
LOCAL GOVERNMENT
The Town of Harrison.
LOCAL WATER
Any and all public or private surface water, groundwater, wetland, stream or tributary which is wholly or partially contained within, flows through or borders upon the Town of Harrison and is either hydrologically connected, directly or indirectly, to a drinking water resource in the Town of Harrison or, directly or indirectly, provides or contributes to the quality or quantity of a drinking water resource in the Town of Harrison; such waters to include, without limitation, Rye Lake and any other waters in the Kensico Reservoir and all of the wetlands, streams and tributaries thereto.
PERSON
Any individual, corporation, firm, partnership, association, trust, estate, government, governmental authority or other entity, including, without limitation, any agent, contract vendor or any other individual or entity acting by or on behalf of any such person.
POLLUTANT
As defined in the FWPCA and the regulations promulgated thereunder, including, without limitation, stormwater, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
RUNOFF
The flow from, during or following precipitation (such as rain or snow) into any local water, including, without limitation, stormwater (as hereinafter defined).
SOURCE
Any improvement, structure or facility which results or may result in the creation of 20,000 square feet or more of impervious surfaces (such as pavement or rooftops), all or any portion of such improvement, structure or facility which is in the water protection zone (as hereinafter defined).
STATE
The State of New York.
STORMWATER
Any flow of water occurring from, during or following any form of natural precipitation, including, without limitation, stormwater runoff, snow melt runoff, surface runoff, infiltration and drainage, provided that any of the foregoing contains or transports any pollutant.
TOWN
The Town of Harrison.
WATER PROTECTION ZONE
Any area wholly or partially within the Town of Harrison and lying within 500 feet of any local water.
WETLAND
Any land and water lying within the boundaries of the Town of Harrison which contain any of the characteristics set forth in § 149-4 of the Freshwater Wetlands Protection Law[1] of the Town of Harrison.
[1]
Editor's Note: See Ch. 149, Freshwater Wetlands.
[Amended 12-16-1992 by L.L. No. 4-1992]
No person shall construct or operate any source within the water protection zone without first obtaining a permit pursuant to this chapter, except that no such permit shall be required for any source which has been the subject of an environmental assessment or environmental impact statement pursuant to the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) in which the town or any one (1) of its departments, boards, commissions, agencies or affiliates (including, without limitation, Westchester Joint Water Works and Harrison Water District No. 1) acted as lead agency and the impacts of the proposed source on any drinking water resource have been considered in the course of such environmental assessment or impact statement.
A. 
Any person proposing to construct or operate a source requiring a permit under this chapter shall file an application for a permit with the Clerk of the Town of Harrison. The Clerk shall immediately forward such application to the agency.
B. 
Form of application.
(1) 
An application for a permit shall be filed by the applicant on a form prescribed by the agency. Such application shall include a detailed description of the source, a map showing the local water and the proposed location of the source in relation thereto, a deed or other legal description describing the subject property, the procedure (including, without limitation, the equipment and personnel) the applicant intends to implement to assure that no pollutants may run off or be discharged from the source into the local water and such additional information as the agency deems sufficient to enable it to make the findings and determinations required under this chapter.
(2) 
The application shall be accompanied by a list of the names of the owners of record of lands abutting the property on which the proposed source is to be constructed and the names of known claimants of water rights, of whom the applicant has notice, which relate to any land within 100 feet of the boundary of the property on which the source will be located.
(3) 
An application shall not be deemed completed or received until the agency determines that all such information, including, without limitation, any additional information requested, has been supplied in a complete and satisfactory form.
C. 
The Clerk of the Town of Harrison shall cause a copy of such completed application to be mailed to all local governments where the proposed activity or any part thereof is located.
D. 
Notice of application.
(1) 
Within 30 days of its receipt of a completed application for a permit regarding a proposed source, the agency shall direct the applicant to publish a notice of application, at the applicant's expense, at least once in each of at least two newspapers having a general circulation in the Town of Harrison. Said notice of application shall be in a form prescribed by the agency and shall specify that:
(a) 
Persons wishing to object to the application should file a notice of objection by a specified date, together with a statement of the grounds of objection to the application, with the agency.
(b) 
If no notices of objection are timely filed or the agency has established that the procedures the applicant intends to implement assure that the source will not cause any runoff or discharge of any pollutant into the local water, then the agency, in its discretion, may determine that a hearing is not necessary and dispense with the public hearing.
(c) 
The application, including all documents and maps therewith, is available for public inspection at the agency's office in the Town of Harrison.
(2) 
Notwithstanding any other provision of this section, the agency may, in its discretion, dispense with the requirement for a notice of application and require a notice of hearing pursuant to Subsection F of this section.
E. 
Hearings to be held.
(1) 
No sooner than 30 days and not later than 75 days after its receipt of a completed application for a permit regarding a proposed source, and after the publication of a notice of application pursuant to Subsection D of this section, the agency shall hold a public hearing on such application at a suitable location in the Town of Harrison, which hearing shall be held pursuant to § 230-7 of this chapter.
(2) 
Notwithstanding the provisions of Subsection E(1) of this section, where no notice of objection to the notice of application published pursuant to Subsection D of this section shall have been filed within the time specified by that notice or where the agency determines that the applicant has established that the procedures the applicant intends to implement assure that the source will not cause any runoff or discharge of any pollutant into the local water, the agency may, in its discretion, dispense with such hearing. Where the agency finds that a public hearing is not necessary, it shall publish a decision setting forth its reasons therefor, which decision shall be mailed to each local government where the proposed source or any part thereof will be located. Public notice of such decision that a public hearing is not necessary shall be provided in the same manner as notice of application set forth in Subsection D of this section.
F. 
Notice of hearing.
(1) 
Within 45 days of receipt of a completed application, the agency shall direct the applicant to publish a notice of hearing, at the applicant's expense, at least 15 days prior to the date set for the hearing, at least once in each of at least two newspapers of general circulation in the Town of Harrison.
(2) 
At least 15 days prior to the date set for the hearing, the applicant, at its own cost and expense, shall, by certified mail, provide a notice of hearing to each local government within whose boundaries the proposed source or any portion thereof will be located.
(3) 
At least 15 days prior to the date set for the hearing, the applicant, at its cost and expense, shall, by certified mail, provide notice of hearing to all owners of record of land abutting the property on which the proposed source is to be constructed and to all known claimants of water rights, of whom the applicant has notice, which relate to any land within 100 feet of the boundary of the property on which the proposed source will be located.
(4) 
The notice of hearing shall:
(a) 
State the name of the applicant.
(b) 
Specify the location and outline the scope of the proposed source, its proximity to local water and the procedures it intends to implement to assure that no pollutants will discharge or run off from the source into such local water.
(c) 
Specify the date, time and place of the public hearing on the application.
(d) 
Specify that the application, including all documents and maps therewith, is available for public inspection at the agency's office in the Town of Harrison.
G. 
The agency shall make the application, including all documents and maps associated with it, available for public inspection at the agency's office in the Town of Harrison.
H. 
For any notice canceling a hearing which has been scheduled, notice shall be given by the applicant on the same basis as the notice of public hearing provided in Subsection F of this section.
I. 
Required signage.
(1) 
Within seven days following the applicant's submission of an application, the applicant shall post a sign on the property where the source is proposed to be located. Such sign shall be constructed with sturdy and serviceable materials, at least 30 x 20 inches in size, in a location clearly visible from the public street or highway upon which the property fronts, but in no case more than 20 feet back from the front lot line. The sign shall be at least six feet above the ground and shall read, as follows, in legible lettering at least two inches high: A STRUCTURE IS PROPOSED TO BE CONSTRUCTED ON THIS LAND. A PUBLIC HEARING ON THIS MATTER WILL BE HELD BEFORE THE PLANNING BOARD ON (give date) AT 7:30 p.m. AT THE MUNICIPAL BUILDING.
(2) 
The applicant shall, prior to the hearing, submit to the agency an affidavit certifying to the fact and date of said posting.
J. 
The agency may establish permit fees to assist in its implementation of this chapter.
Any public hearing held on a permit application received under this chapter shall be conducted by the agency. The agency shall have full authority to control the conduct and procedure of the hearing and shall be responsible that a complete record of the hearing be kept. The public hearing shall be held within the Town of Harrison.
A. 
Public hearing held.
(1) 
Where a public hearing has been held regarding a permit application, the agency shall either issue the permit requested, with or without conditions, or deny the application.
(2) 
The decision by the agency to issue or deny a permit after public hearing shall be based on the record of the hearing and shall be made, in writing, within 45 days of the agency's receipt of the hearing record.
B. 
No public hearing held.
(1) 
Where no public hearing regarding a permit application has been held because a hearing was determined not to be necessary pursuant to § 230-6E(2) of this chapter, the agency shall compile an official file consisting of documents submitted by the applicant and any additional documents relied on by the agency with respect to the application. The agency may also take notice of general, technical or scientific facts within the specialized knowledge of the agency. Any document made part of such official file shall be available for inspection by the applicant and any interested members of the public. On the basis of such file, the agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this chapter.
(2) 
The decision by the agency to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made, in writing, within 45 days of its completion of the official file and, in any event, within 75 days of its receipt of a completed application, provided that in the case where there have been no objections filed regarding a proposed project, the issuance of a permit shall be deemed to be a written decision by the agency.
C. 
A copy of the decision of the agency on each application for a permit under this chapter shall be mailed by the agency, as soon as practicable following such decision, to the applicant and to each local government within whose boundaries the proposed source or any portion thereof is located and, if a public hearing has been held regarding the application, within five days after its receipt of the decision, the applicant shall publish the decision, at its own cost and expense, in at least two newspapers of general circulation in the Town of Harrison.
A. 
In granting, denying or conditioning any permit, the agency shall consider the effect of the proposed activity with reference to the public health and welfare and the protection or enhancement of the local water and the benefits derived therefrom which are set forth in § 230-3 of this chapter.
B. 
No permit shall be issued by the agency pursuant to this chapter unless the agency shall find that the proposed source will not cause any discharge or runoff of any pollutant into any local water and the construction and operation of said source is consistent with the policy of this chapter to preserve and conserve the local water and the benefits derived therefrom, to prevent the despoliation and destruction of the local water and to avoid any contamination of the local water, and is consistent with the protection of the public health, safety and general welfare of the people and property of the town.
C. 
The applicant shall have the burden of demonstrating that the proposed source will be in accord with the standards set forth in Subsection B of this section.
A. 
Any permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as are necessary to assure the preservation and protection of the local water, including, without limitation, the construction and diligent maintenance of any structure or mechanism necessary to control stormwater runoff to assure compliance with the policy and provisions of this chapter and the provisions of any of the agency's rules and regulations which may be adopted pursuant to this chapter.
B. 
Every permit issued pursuant to this chapter shall contain the following conditions:
(1) 
The agency shall have the right to inspect the source from time to time.
(2) 
The permit shall be issued for a term of two years. Upon expiration of the permit, a new permit may be issued by the agency, after review by the agency in accordance with the applicable provisions herein, after notice and opportunity for a public hearing as provided herein and upon the condition that no pollutant will be discharged or run off from the source into the local water as required by this chapter. Such renewal permit may contain any conditions necessary to assure the preservation and protection of the local water, including, without limitation, the construction and diligent maintenance of any structure or mechanism necessary to control stormwater runoff to assure compliance with the policy and provisions of this chapter and the provisions of any agency's rules and regulations which may be adopted pursuant to this chapter.
(3) 
The permit holder shall notify the agency of the date on which the construction of the source is to begin, at least five days in advance of such date.
(4) 
The agency's permit shall be prominently displayed at the source during the construction and operation of the source.
C. 
The agency shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for all conditions attached to any permit.
D. 
The agency may summarily suspend or revoke a permit in the form of a stop-work order, cease-and-desist order, order to show cause, injunction or by similar relief if it reasonably appears that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of activity as set forth in the application in such a way as to pose an imminent threat to public health and welfare.
In order to carry out the purposes and provisions of this chapter, the agency shall have the following powers:
A. 
To adopt, amend and repeal, after public hearings, except in the case of rules and regulations that relate to the organization or internal management of the agency, such rules and regulations, consistent with this chapter, as it may deem necessary to administer this chapter, and to do any and all things necessary or convenient to carry out the purpose and policies of this chapter.
B. 
To contract for professional and technical assistance and advice, at the applicant's expense.
C. 
To hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for by this chapter.
A. 
To the greatest extent practicable, any public hearing held pursuant to § 230-7 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, General Municipal Law or Environmental Conservation Law.
B. 
No permit granted pursuant to this chapter shall remove any person's obligation to comply in all respects with the applicable provisions of any other federal, state or local law or regulation, including but not limited to, the acquisition of any other required permit or approval.
A. 
The agency may require that, prior to commencement of work under any permit issued pursuant to this chapter, the permittee shall post a bond with the agency, in an amount determined by the agency, to assure the faithful compliance with the terms of such permit, for the indemnification of the Town of Harrison for restoration costs resulting from failure to so comply. Such bond shall be issued by a corporate surety authorized to do business in the state and shall be in favor of the Town of Harrison. It shall remain in effect until the agency certifies that the work has been completed in compliane with the terms of the permit or the bond is released by the agency or a substitute bond is provided.
B. 
The agency shall set forth, in writing, in the file it keeps regarding a permit application, its findings and reasons for imposing a bond pursuant to this section.
A. 
The agency or the Building Inspector may summarily suspend or revoke a permit in the form of a stop-work order, cease-or-desist order, order to show cause, injunction or by similar relief, if it reasonably appears that the permittee has not complied with any or all terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the construction or operation of the source in the manner set forth in the application, in such a way as to pose an imminent threat to the public health and welfare.
B. 
The agency shall set forth, in writing, in the file it keeps regarding a permit application, its or the Building Inspector's findings and reasons for revoking or suspending a permit pursuant to this section.
A. 
Any person who violates, disobeys or disregards any provision of this compliance, including any provision of any permit issued pursuant to this chapter or any rule or regulation adopted by the agency pursuant to this chapter, shall be liable for an offense punishable by a fine not exceeding $100 for every such violation or imprisonment for a period not exceeding 15 days. For the purpose of commencing such prosecution, the Building Inspector is authorized to issue an appearance ticket or such other process as hereafter may be authorized by law, the disobedience of which shall constitute a separate and independent violation. Each day's continued violation of any provision of this chapter shall constitute an additional violation. Civil penalties shall be recoverable by suit brought by the town, and such penalties shall be retained by the town.
B. 
In addition to any method of enforcement provided above, the town, on behalf of the agency, shall have the right to seek equitable relief to restrain any violation or threatened violation of any provisions of this chapter by any legal means, including, without limitation, terminating the authority it granted for the construction or operation of the source or using the bond posted with the agency to construct and operate temporary control facilities to control stormwater runoff and assure compliance with the provisions of this chapter.
A. 
Any decision or order of the agency or any officer or employee thereof made pursuant to or within the scope of this chapter may be reviewed by the Board, at the insistance of any person affected thereby, including but not limited to, any owner of the property on which the source is proposed to be located or abutting area and any resident or citizen of the Town of Harrison, provided that such review is commenced by the filing with the Board of a notice of review within 30 days after service of such order or notice of such decision given, as the case may be.
B. 
The institution of a judicial proceeding to review a determination or order of the agency shall preclude the institution of a proceeding before the Board to review such a determination or order. The availability of such review by the Board shall not affect the right of any person to seek review of a determination of the agency as provided in Article 78 of the State Civil Practice Law and Rules.
This chapter shall be applicable to any source, the actual physical construction or operation of which has not commenced on the effective date of this chapter.