[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-25-1988 by L.L. No. 26-1988. Amendments noted where applicable.]
Topsoil removal — See Ch. 172.
This chapter shall be cited and may be referred to hereinafter as the "Soil Erosion and Sediment Control Law of the Village of Montebello."
It is the intention of the Village Board of the Village of Montebello by the adoption of this chapter to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.
For the purposes of this chapter, certain rules of word usage apply to the text as follows:
Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
A word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- CRITICAL AREA
- A sediment-producing highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan which fully indicates the necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. Such measures shall be in accordance with standards as adopted by the New York State Soil and Water Conservation Committee, or any successor agency.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- FARM CONSERVATION PLAN
- A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
- Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the Village.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
- The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
- A certificate issued to perform work under this chapter.
- ROCKLAND COUNTY SOIL AND WATER CONSERVATION DISTRICT
- A governmental subdivision of this state, which encompasses this Village, organized in accordance with the provisions of the Soil and Water Conservation Districts Law of the State of New York.
- Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- STATE SOIL AND WATER CONSERVATION COMMITTEE
- An agency of the state established in accordance with the provisions of the Soil and Water Conservation Districts Law of the State of New York.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Village Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with the Guidelines for Erosion and Sediment Control in Urban Areas of New York State adopted by the New York State Soil and Water Conservation Committee and administered by the Rockland County Soil and Water Conservation District and unless such plan has been approved by the Village Engineer and a valid land disturbance permit has been issued by the Village Engineer, except as exempted by § 153-10.
The applicant must submit a separate soil erosion control plan for each noncontiguous site. The applicant may consult with the Rockland County Soil and Water Conservation District in the selection of appropriate erosion and sediment control measures and the development of the plan. Such plan shall contain:
The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics.
The location and description of proposed changes to the site.
Measures for soil erosion and sediment control which must meet or exceed Standards for Soil Erosion and Sediment Control in Urban Areas of New York State, adopted by the State Soil and Water Conservation Committee. Guidelines shall be on file at the office of the Village Clerk-Treasurer.
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for approval.
Soil erosion and sediment control plans shall be reviewed by the Village Engineer and approved when in conformance with the Guidelines for Erosion and Sediment Control in Urban Areas of New York State.
The Village Engineer may seek the assistance of the Rockland County Soil and Water Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and determined adequate by the said District.
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on site.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
The principle of zero net incremental discharge of surface water shall be adhered to.
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained after completion of the project until such measures are permanently stabilized as determined by the Village Engineer. The Village Engineer shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
Where the permitted soil disturbance is done in conjunction with an activity requiring a building permit and the restoration and stabilization are satisfactorily completed prior to issuance of a certificate of occupancy, a bond for such disturbance only will not be required. Where the soil disturbance is not done in conjunction with a building permit, a cash bond shall be deposited with the Village Clerk-Treasurer prior to issuance of a soil disturbance permit in an amount determined by the Village Engineer to be sufficient to allow the Village to perform the erosion control work and/or cleanup work in the event of default of the permittee. Said bond shall include written permission to the Village or its agents or contractors to enter upon the permittee's land to perform the work and to use the bond money to pay for any corrective measures taken, including off-site cleanup or repairs. The bond or remaining balance of bond shall be returned to the permittee upon application to and subsequent approval by the Village Engineer.
The following activities are specifically exempt from this chapter:
Use of land for gardening primarily for home consumption.
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Rockland County Soil and Water Conservation District or when it is determined by the Rockland County Soil and Water Conservation District that such use will not cause excessive erosion and sedimentation.
The requirements of this chapter shall be enforced by the Village Engineer, who shall also inspect or require adequate inspection of the work. If the Village Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 153-14.
Appeals from decisions under this chapter may be made to the Village Board in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Village Board within 30 days from the date of appeal.
Each application shall be accompanied by a fee payable to the Village of Montebello in accordance with a schedule recommended by the Village Engineer and adopted by the Village Board.
Any person violating any section or provision of this chapter shall be guilty of a Class 3 violation, and shall be punished according to the provisions thereunder. In the case of a continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct Class 3 violation.
In addition, where construction subject to a building permit is involved, the Building Inspector shall, at the recommendation of the Village Engineer, issue an order to stop all work on the project or revoke the building permit, as may be necessary or appropriate to the situation.
The remedies contained within this chapter shall further not be exclusive, but shall be in addition to any other remedy provided by law, so long as not inconsistent herewith, nor shall the invoking of any remedy or procedure contained within this chapter preclude the pursuit of any and all other remedies, and the same are intended to be cumulative.
This chapter supersedes, and is in derogation of, Chapter 335 of the Code of the Town of Ramapo, County of Rockland, State of New York. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.