A.
Any individual or entity proposing to develop land within the Town of Kent or to conduct construction activities on land within the Town of Kent shall prepare an application as delineated in § 66-6 below for a steep slope and erosion control permit when one or more the following criteria are met:
(1)
Any disturbance involving 5,000 square feet or more
of land area;
[Amended 5-6-2014 by L.L. No. 1-2014]
(2)
Any disturbance on steep slopes as defined in § 66-4 except for:
(a)
Any planting of landscape materials or gardening which
does not disturb the existing terrain in excess of a two-foot depth
in 2,000 square feet;
(b)
Emergency situations as determined by the Town Engineer,
where the disturbance of steep slopes is required to protect persons,
animals or property from imminent danger;
(c)
Any routine road, highway or street maintenance; or
(d)
Ordinary maintenance and repair of existing structures
or facilities.
(3)
Disturbance within 100 feet of a wetland or watercourse as defined in Chapter 39A, Freshwater Wetlands, of the Town of Kent;
(4)
Excavating or filling which exceeds a total of 100
cubic yards of material within any parcel or any contiguous parcels.
B.
Agricultural activities, including household gardening
shall be exempt from applying for a steep slope and erosion control
permit.
A.
The Planning Board is hereby designated to administer
and implement this article by granting or denying steep slope and
erosion control permits in accordance with its provisions.
B.
An application for a steep slope and erosion control
permit shall be made to the Planning Board and shall include the following
information:
(1)
A completed application form signed by the applicant
and the landowner and including a notarized statement signed by the
landowner authorizing the applicant to act as the landowner's agent
and binding the landowner to the terms of this chapter and any permit
issued hereunder.
(2)
Five copies of plans for the proposed activities, drawn at a scale of not less than one inch equals 40 feet, using as a base map a current boundary and topographic survey of the property depicting all existing improvements and prepared by a qualified professional, as defined in § 66-4, above. The proposed plan shall depict all proposed improvements to the property and shall be prepared and certified by a professional engineer, a landscape architect, an architect, or a certified erosion and sediment control professional licensed by the State of New York, showing:
(a)
The location of the proposed area of disturbance and
its relationship to property lines, easements, buildings, roads, walls,
and wetlands, if any, within 50 feet of the boundaries of said area;
(b)
Existing topography of the proposed area of disturbance
at a contour interval of not more than two feet. Contours shall be
shown for a distance of 50 feet beyond the limits of the proposed
area of disturbance, or greater than 50 feet if determined necessary
by the Planning Board Engineer in order to fully evaluate the application;
(c)
Proposed final contours at a maximum contour interval
of two feet, locations of proposed structures, underground improvements,
proposed surface materials or treatment, and dimensional details of
proposed erosion and sediment facilities, as well as calculations
used in the siting and sizing of sediment basins, swales, grassed
waterways, diversions and other similar structures;
(d)
Except for applications involving one single-family
dwelling, existing topography of the entire watershed tributary to
the proposed area of disturbance, presented at a scale of not more
than 500 feet per inch. An inset map at a scale of not more than 2,000
feet per inch may be used to show the entire watershed, if needed;
(e)
A soils and slopes map indicating existing soils on
the property, based on the most recent United States Department of
Agriculture (USDA) Soil Conservation Service soil survey for Putnam
County. Generalized slope areas for slopes 0% to 15%; 15% to 25%;
and greater than 25% shall be delineated. This map shall be drawn
on a topographic base map with the date and source of the soils and
steep slope data noted on said map;
(f)
Except for applications involving one single-family
dwelling, the depth to bedrock and depth to water table shall be identified
in all areas of disturbance;
(g)
A soil erosion and sedimentation control plan designed
utilizing the standards and specifications contained in the most recent
version of New York State Standards and Specifications for Erosion
and Sediment Control. The design, testing, installation, maintenance
and removal of erosion control measures shall adhere to these standards
and any conditions of this chapter and the erosion control permit.
This plan shall:
[1]
Describe or depict the temporary and/or permanent
structural and vegetative measures that will be used to control erosion
and sedimentation for each stage of the project, from land clearing
to the finished stage;
[2]
Delineate the area of the site that will be
disturbed and shall include a calculation of the acreage or square
footage so disturbed;
[3]
Include a map drawn at a scale of not less than
one inch equals 40 feet showing the location of erosion and sediment
control measures, swales, grassed waterways, diversions and other
similar structures;
[4]
Provide dimensional details of proposed erosion
and sedimentation facilities as well as calculations used in the siting
and sizing of sediment basins, swales, grassed waterways, diversions
and other similar structures;
[5]
Include a timetable and schedule for completion
and installation of all elements of the erosion control plan, together
with a schedule for completion of the construction and disturbance
proposed by the applicant;
[6]
Provide an estimate for the cost of implementing
all elements of the erosion control plan; and
[7]
Provide a maintenance schedule for erosion control
measures.
(h)
The details of any surface or subsurface drainage
systems proposed to be installed, including special erosion control
measures designed to provide for proper surface or subsurface drainage,
both during the performance of the work and after its completion;
(i)
Any special reports deemed necessary by the Planning
Board Engineer to evaluate the application, including but not limited
to detailed soils, geologic or hydrologic studies.
(3)
Except for applications involving one single-family
dwelling, a written narrative explaining the nature of the proposal,
including any future development anticipated for the property and
whether alternative locations exist for the proposed activity.
(4)
Provide for compliance with the State Pollutant Discharge
Elimination System (SPDES) General Permit for Stormwater Discharges
from Municipal Separate Storm Sewer Systems (MS4s).
(5)
Provide for compliance with the New York City Department
of Environmental Protection regulations for stormwater discharges.
(6)
Copies of all applications, permits and approvals
required by any other local, state or federal agency associated with
the construction and site work/disturbance proposed by the applicant.
C.
Planning Board Engineer review. Each application for
a steep slope and erosion control permit shall be referred to the
Planning Board Engineer, who shall submit a written report to the
Planning Board. This report shall contain the following items:
(1)
A recommendation on whether the submission is complete
and contains sufficient information for the Planning Board to perform
a proper review of the submission;
(2)
A recommendation of approval, disapproval, or approval
with conditions of the application; and
(3)
A recommendation as to the amount of the performance
bond to be posted to guarantee completion of the work, including stabilization
or restoration of the site.
D.
Duty of the Planning Board. During its review of the
application, the Planning Board shall:
(1)
Determine when an application is complete;
(2)
Review the application to determine that the requirements
of this chapter have been satisfied;
(3)
Review each complete application and approve, approve with conditions or deny applications in accordance with this chapter within 60 days of the receipt of a complete application as determined in Subsection D(1) above;
(4)
Require posting of a performance bond or other security,
and an inspection fee as a condition of approval, the amount of such
bond or other security to be approved by the Town Board; and
(5)
Require the applicant's contractor to execute a notarized
statement binding the contractor to the terms of this section and
any permit issued hereunder.
E.
Public notice and hearing.
(1)
Not later than 60 days after receipt of a complete
application, the Planning Board shall hold a public hearing on such
application.
(2)
Public notice of the hearing shall be given no less
than 10 days prior to the date of the hearing. Said notice shall be
published in the official newspaper. In addition to such notice, the
applicant shall cause notification to be mailed by certified mail,
return receipt requested, to all owners of record of neighboring property
within 500 feet of the subject property. Such notices shall be mailed
at least 10 days before the hearing. The applicant shall provide proof
of mailing to the Planning Board prior to the date and time set for
public hearing as a prerequisite to opening the public hearing.
F.
Waiver of public hearing. If, after receipt of an
application and upon recommendation of the Town Engineer, the Planning
Board finds the proposed activity to be of a minor nature which would
not significantly alter, affect or endanger steep slopes or result
in uncontrolled and excessive erosion, the Planning Board may, in
its discretion, waive the public hearing.
G.
Criteria for granting permit. In granting a steep
slope and erosion control permit, the Planning Board shall find that
all of the following conditions have been met:
(1)
The proposed activity is in accordance with the legislative findings listed in § 66-2 of this chapter;
(2)
The proposed activity is in accordance with the principles
and recommendations of the Town of Kent Master Plan;
(3)
The proposed activity will not result in creep, sudden
slope failure or additional erosion;
(4)
The proposed activity will preserve and protect existing
watercourses, floodplains and wetlands;
(5)
The proposed activity will not adversely affect existing
or proposed water supplies or sewage disposal systems; and
(6)
The proposed activity will stabilize all earth cut
and fill slopes by vegetative or structural means. Maximum exposed
soil slopes will be 33% unless otherwise recommended by the Planning
Board Engineer and approved by the Planning Board.
H.
All construction, land disturbance, and land clearing
activities, whether undertaken pursuant to an erosion control permit
or otherwise, shall be undertaken in a manner designed to minimize
surface runoff, erosion and sedimentation. The construction and site
work/disturbance authorized by a permit issued under this chapter
shall be considered to be in conformance with these provisions if
soils are prevented from being deposited onto adjacent properties,
rights-of-way, public or private storm drainage systems, roads, streets
or sidewalks; and wetlands or watercourses.
I.
Notwithstanding any other provisions of this chapter
or conditions of the permit, the applicant is responsible for the
prevention of damage to adjacent and nearby public and private property,
wetlands, watercourses, rights-of-way, public streets, and public
highways, from erosion, sedimentation, settling, cracking and other
damage or personal injury that may result from the construction and
site work/disturbance undertaken by the applicant. The applicant shall
be responsible for the prompt removal and correction of damages resulting
from any soil, debris or other materials washed, spilled, tracked,
dumped, placed or otherwise deposited onto adjacent and nearby public
and private property, wetlands, watercourses, rights-of-way, public
streets, and public highways, whether incident to the construction
or the site work/disturbance undertaken by the applicant, or resulting
from the movement of vehicles and persons to and from the site.
J.
The applicant, the landowner, and the contractor are
all responsible for the successful implementation of the erosion control
plan and the maintenance of all erosion control measures as depicted
on the plan for the duration of the construction and site work/disturbance
proposed by the applicant. The applicant, the landowner, and the contractor
shall be jointly and severally liable for all costs incurred, including
environmental restoration costs, resulting from noncompliance with
the approved plan. The application for a permit shall constitute express
permission by the applicant and the landowner for the Building Inspector
or other authorized Town officials to enter the property for the purposes
of inspection for compliance with the erosion control plan permit.
The application form shall contain a prominent provision advising
of this requirement and by signing the application the applicant,
the landowner, and the contractor expressly waive any objection to
authorized Town official(s) entering the property for the purpose
of conducting an inspection.
K.
After a steep slope and erosion control permit is
approved:
(1)
Within 10 days after installation of all erosion control
plan measures, the applicant shall submit to the Building Inspector
a letter from the qualified professional who designed the plan for
the applicant/landowner stating that all erosion control measures
have been constructed and installed in compliance with the approved
plan(s).
(2)
At all times during the construction and site work/disturbance,
the erosion control plan shall be maintained in compliance with the
permit, and the applicant, the owner, and the contractor shall be
fully responsible for said maintenance. The permit may be transferred
to a new landowner, but only after review of the status of the erosion
control plan implementation and maintenance by the Planning Board.
The Board may require that a new application for a steep slope and
erosion control permit be filed if it finds that the prior approved
plan was not properly implemented, or that the construction plans
have been revised or altered, or that the site work/disturbance plans
have been revised or altered.
(3)
Any modification to the approved plan that results
in a change to the location of any structure or improvement, or change
to the slope of any driveway, or a change to the grading of any part
of the property, or a change to the construction schedule, or alterations
to the previously approved sequence of land disturbance or site work
shall be subject to the prior approval of the Planning Board.
(4)
All steep slope and erosion control permits issued
shall expire on the earlier of the completion of the work specified
or one year from the date the permit is issue. In its discretion,
the Planning Board may grant up to two six-month extensions to this
period.
(5)
Following completion of the work, the applicant shall
submit a certification by an engineer, licensed by the State of New
York, that the completed work meets the requirements of the permit.
The Planning Board Engineer shall verify that the work has been completed
in accordance with the permit. Upon the recommendation of the Planning
Board Engineer, the Planning Board may require an as-built survey
of the improvements to ascertain that the work was completed in accordance
with the approved plans.
(6)
Where the activity subject to this chapter also requires
a Town of Kent building permit, the Town of Kent Building Inspector
shall not issue a building permit until the application for a steep
slope and erosion control permit is approved and shall not issue a
certificate of occupancy until the Planning Board Engineer verifies
that all work has been completed in accordance with the permit.
(7)
No changes, modifications, or alterations in the location
or configuration of proposed structures or improvements are permitted
after approval of the plan without the prior approval of the Town
Planning Board. Prior to undertaking any change, modification, alteration,
or deviation from the approved plan, the applicant shall submit to
the Planning Board a revised plan showing the proposed changes, which
shall then determine whether the proposed changes are substantial
or minor, and whether the changes should be subject to a public hearing
on the permit modification.
A.
Performance bond.
(1)
In order to insure the full and faithful completion
of all construction activities related to compliance with all conditions
set forth by the Town in its issuance of a steep slope and erosion
control permit, the Planning Board may require the owner or applicant
to provide, prior to construction, a performance bond, supported by
sufficient security in the form of cash bond, surety bond, a cash
escrow account, irrevocable letter of credit or certified check drawn
upon a national or state bank or other cash equivalent, which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
The security shall be in an amount to be determined by the Planning
Board based on submission of final design plans.
[Amended 9-26-2017 by L.L. No. 3-2017]
(2)
The security shall remain in full force until the
applicant and/or developer is released from liability by the Town,
provided that such period shall not be less than two years from the
date of final acceptance or such other certification that the work
permitted by the steep slope and erosion control permit has been constructed
and completed in accordance with the approved permit and all plans
and specifications forming the basis of the approved permit.
[Amended 4-20-2009 by L.L. No. 3-2009]
B.
Inspection.
A.
Nuisance. Any activity that requires a steep slope
and erosion control permit as provided herein, and is commenced without
one, or is conducted contrary to the approved steep slope and erosion
control permit, shall be deemed a public nuisance and may be restrained
by an order to stop work, and/or injunction, and/or direct action
by the Town to abate the condition, and/or any other manner provided
by law. The Building Inspector may issue a stop-work order for the
entire construction and site work/disturbance project, or any specified
portion thereof, if it is determined that any of the following conditions
exist:
(1)
The construction or the site work/disturbance is being
undertaken without a steep slope and erosion control permit as provided
in this chapter;
(2)
The approved steep slope and erosion control permit
has not been fully implemented;
(3)
The approved steep slope and erosion control permit
is not being maintained; or
(4)
Any of the conditions of the permit are not being
met.
B.
For purposes of this section, a stop-work order is
validly posted by posting a copy of the order on the site of the construction
or site work/disturbance activity in reasonable proximity to said
construction or site work/disturbance, and in a location where the
posted order is visible. Additionally, a copy of the order, in the
case of work for which a permit has been issued, shall be mailed by
first class mail, certified return receipt, and one copy of the order
shall be mailed by regular first class mail to the address listed
by the applicant and to the landowner, as the case may be. In the
case of work for which no permit has been issued, a copy of the order
shall be mailed by first class mail, certified return receipt, and
one copy of the order shall be mailed by regular first class mail,
to the person listed as owner of the property according to the latest
roll maintained by the Town Assessor's office.
(1)
In the case of a stop-work order for an activity for
which a permit has been issued, if the applicant does not cease the
activity and comply with the permit within one day of the date of
the order, the permit may be revoked. In addition to revocation of
the steep slope and erosion control permit, the authorized Town official(s)
may revoke all or any portion of any other permits issued in accordance
with the Town Code, including building permits. Upon a showing of
compliance with the terms of the stop-work order and the steep slope
and erosion control permit, the Town official(s) may reinstate the
steep slope and erosion control permit and any other permit that may
have been revoked.
(2)
In the case of a stop-work order for an activity for
which a permit has not been issued, if the landowner does not immediately
cease the activity and comply with the provisions of this chapter
within one day of the date of the order, the Town Board may direct
the Town Attorney to seek injunctive relief. In addition, the authorized
Town official may revoke all or any portion of any other permits issued
in accordance with the Town Code, including building permits, affecting
the property. Upon a showing of compliance with the terms of this
chapter and issuance of a steep slope and erosion control permit,
the Town official may reinstate any other permit(s) that may have
been revoked.
C.
Ten days after posting and mailing of the stop-work
order, the authorized Town official may issue a notice of intent to
the applicant and the landowner of the Town's intent to perform the
work necessary to bring the project into compliance with this chapter.
Within 14 days of the date of the notice of intent, the Town may enter
upon the property and commence work to abate the noncompliance and
to bring the property into compliance with this chapter.
(1)
In the case of a stop-work order for an activity for which a permit has been issued, the Town shall use the surety posted by the applicant as provided in § 66-7 to implement the approved provisions of the permit and such other measures as may be required to prevent or minimize soil erosion and sedimentation conditions posing imminent and substantial danger to public health, safety, welfare or natural resources. The applicant, the landowner and the contractor shall be jointly and severally liable for any additional costs incurred by the Town to undertake such work over the amount of the posted surety. All such unpaid additional amounts shall be a lien on the property, and shall be assessed against the property as a special assessment as provided in the Town Law.
(2)
In the case of a stop-work order for an activity for
which a permit has not been issued, the Town may implement such measures
as may be required to prevent or minimize soil erosion and sedimentation
conditions posing imminent and substantial danger to public health,
safety, welfare or natural resources. The applicant, the landowner
and the contractor shall be jointly and severally liable for all costs
incurred by the Town to undertake such work. All such unpaid amounts
shall be a lien on the property, and shall be assessed against the
property as a special assessment as provided in the Town Law.
D.
A stop-work order issued pursuant to this section
constitutes a determination from which an administrative appeal may
be taken to the Town.
E.
Civil and criminal penalties. In addition to or as
an alternative to any penalty provided herein or by law, any person
or entity who violates the provisions of this chapter shall be punished
by a fine of not less than $100 nor more than $1,000 for each day
of the violation, or by imprisonment for a period not to exceed 60
days, or by both such fine and imprisonment. Such person shall be
guilty of a separate offense for each day during which the violation
occurs or continues.
Any person aggrieved by the action of any official
charged with the enforcement of this chapter as the result of the
disapproval of an erosion control plan, issuance of a stop-work order
or alleged failure to properly enforce the chapter in regard to a
specific application shall have the right to appeal the action to
the Town Board. The appeal shall be filed with the Town Clerk, in
writing, within 20 days of the date of official transmittal of the
final decision or determination to the applicant, and shall state
clearly the grounds on which the appeal is based and shall be processed
in the manner prescribed for hearing administrative appeals under
the state/local code provision.
