Chapter 169: Streams and Watercourses

It shall be the purpose of this chapter to:

Regulate the construction of drains, culverts, pipes, ditches, sluices and other channels for the passage of water.

Regulate the filling, diverting or other altering of existing streams and watercourses.

Remedy those conditions presently existing which constitute a flood hazard, in order to protect the property within the Town from floods, freshets and high waters.

§ 169-2 Prohibited acts.

Unless authorized to do so by a valid permit issued by the Building Inspector, it shall be unlawful for any person, firm, corporation or entity to:

Place, deposit or permit to be placed or deposited any debris, fill, sand, stone or other solid material of any kind into any stream, ditch, culvert, pipe, watercourse or other drainage system.

Construct or place any ditch, pipe, culvert or artificial watercourse of any kind or nature which shall collect and direct the flow of natural surface waters or drainage from paved surfaces, structures, roads or improvements directly into any stream, ditch, culvert, pipe, watercourse or other drainage system.

Fill, obstruct, dam, divert or otherwise change or alter the natural or artificial flow of waters or drainage, or the intensity or quality of flow, through any stream, ditch, pipe, culvert, watercourse or other drainage system.

§ 169-3 Permits.

All applications for permits shall be in writing on a form provided by the Building Inspector and accompanied by a survey and plan prepared by an engineer duly licensed by the State of New York. In certain cases, however, the Town Engineer may waive such survey or plan when the proposed construction or alteration does not significantly affect the existing stream or watercourse or if the proposed construction is of a minor nature.

All surveys and plans accompanying the above application shall show the site location, together with sufficient topographical information to effect satisfactory and speedy review by the Town Engineer.

All applications for the proposed work shall include runoff computations using the rational method; the upstream watershed area; and a rainfall intensity of not less than a ten-year return frequency and appropriate coefficients to determine the size of any channel sections, pipes or waterway openings associated with such proposed diversions or fillings.

Any and all proposed filling of streams or watercourses shall include plans for any bridges, culverts or stormwater or pipe drains of any nature or description which may be required to be constructed.

§ 169-4 Permit fee.

[Amended 3-26-1985 by L.L. No. 2-1985; 9-11-2007 by L.L. No. 8-2007]

A fee in an amount set by resolution of the Town Board in the Fee Schedule[1] shall accompany each application for a permit.

[1]

Editor's Note: See Ch. A203, Fees.

§ 169-5 Correction of hazardous conditions.

[Amended 3-26-1985 by L.L. No. 2-1985]

All hazardous obstructions, dams, diversions, construction of any kind, deposits of debris, fill, sand, stone or other solid material, or other alterations or diversions of the natural flow of water or the intensity or quality of flow, through, across or to any stream, ditch, culvert, watercourse or other drainage system, which causes the inundation of real property, buildings or other premises or, in the opinion of the Town Engineer, constitutes an undue burden upon the drainage system or hampers the proper present or future course of development of the drainage system or, in the opinion of the Town Engineer, presently constitutes or in the reasonably foreseeable future will constitute a danger or hazard to the well-being, safety or general welfare of the residents of the Town or any property located therein, shall be removed or connected by the owners of the premises upon which said obstruction, dams, diversions, construction, deposits or other alterations of the natural flow of water are situated within 60 days of such notice.

§ 169-6 Exclusions.

The prohibited acts and correction of existing conditions set forth in §§ 169-2 and 169-5 hereof shall have no application to work done pursuant to the authority of an agency of the Town of Ossining, the County of Westchester, the State of New York or the United States of America.

The provisions of §§ 169-3 and 169-4 hereof shall not apply to any person, firm, corporation or entity authorized pursuant to an approved and filed subdivision map, building permit or special permit carrying site development plan approval by the Town Engineer, Planning Board or Building Inspector.

§ 169-7 Notice of violation; penalties for offenses.

Any person, firm, corporation or entity found to be violating any provisions of this chapter shall be served with a written notice by the Building Inspector, stating the nature of the violation and providing a sixty-day time limit for the satisfactory correction thereof, subject to appeal to the Town Board within such 60 days.

Any person, firm, corporation or entity who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $250 and/or imprisoned for a term not to exceed 15 days. Each week in which such condition shall continue shall be deemed a separate violation for which the Building Inspector shall issue a separate notice of violation.

[Amended 3-26-1985 by L.L. No. 2-1985]

Any person, firm, corporation or entity violating any of the provisions of this chapter shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.