[HISTORY: Adopted by the Town Board of the Town of Canandaigua 12-18-1989 by L.L. No. 5-1989 (Ch. 85 of the 1977 Code). Amendments noted where applicable.]
In accordance with Article 9 of the Town Law and the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Canandaigua has the authority to enact local laws for the purpose of promoting the health, safety or general welfare of the Town of Canandaigua, including the protection and preservation of the property of its inhabitants. By the same authority, the Town Board of the Town of Canandaigua may include in any such local laws, provision for the appointment of any municipal officers or employees to effectuate and administer such local laws.
In order that site preparation and construction activities may be in conformance with the provisions of this chapter, this chapter is hereby adopted and shall be known and may be cited as the "Erosion and Sedimentation Control Local Law of the Town of Canandaigua."
Upon the filing of this chapter by the Secretary of State, all site preparation and construction activities requiring a permit under this chapter shall be in conformance with the provisions set forth herein.
Upon the filing of this chapter by the Secretary of State, Local Law No. 2 of 1989, entitled "Soil Erosion and Sedimentation Control", shall be repealed and revoked in its entirety.
It is the purpose of this chapter to protect public health, safety and welfare in the Town of Canandaigua by regulating site preparation and construction activities, including excavation, filling, grading and stripping so as to prevent problems related to erosion, sediment or drainage. In relation to this purpose, this chapter is intended to:
Preserve the quality of the natural environment from such adverse effects of site preparation and construction as:
Pollution of lakes, ponds, and watercourses from silt or other materials;
Unnecessary destruction of trees and other vegetation;
Excessive exposure of soil to erosion;
Unnecessary modification of natural topography or unique geological features; and
Failure to restore sites to an attractive natural condition.
Protect people and properties from such adverse effects of site preparation and construction as:
Protect the Town of Canandaigua and other governmental bodies from having to undertake, at public expense, programs of repairing roads, flood protection facilities and other public facilities.
Ensure that site preparation and construction consistent with the Comprehensive Plan of the Town of Canandaigua.
Editor's Note: The Site Design and Development Criteria are on file in the Town offices.
The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL OPERATIONS
- All activities directly related to the growing or raising of crops or livestock for the sale of agricultural produce, including horticultural and fruit operations.
- AUTHORIZED OFFICIAL
- The person designated by the Town Board of the Town of Canandaigua (by resolution) to administer and maintain the provisions of this chapter.
- The gravitational movement of water or other liquids by surface runoff or subsurface flow.
- The wearing away of the land surface by action of wind, water, gravity or other natural forces.
- Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
- Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
- The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
- The application of a layer of plant residue or other material for the purpose of effectively controlling erosion.
- Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion.
- SITE PREPARATION
- The activities of stripping, excavation, filling and grading, no matter what the purpose of these activities.
- All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
- Any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation.
- The natural surface layer of soil, unusually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
- Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine, or wash in which water flows in a definite direction of course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood, or stormwater.
No site preparation shall commence until a soil erosion and sedimentation control permit has been issued for any activity requiring a permit as listed in § 165-7.
[Amended by L.L. No. 7-1992; 12-5-2011 by L.L. No. 11-2011; 6-20-2016 by L.L. No. 4-2016]
None of the following activities shall be commenced until a permit has been issued under the provisions of this chapter:
Any site preparation which in the aggregate exceeds 500 square feet of stripping or grading, or the excavation or filling of more than five cubic yards of material within any of the following environmentally sensitive regions of the Town:
Areas within NYSDEC freshwater wetlands;
Within the Canandaigua Lake Watershed, areas of greater than ten-percent slope. Outside of the Canandaigua Lake Watershed, areas of greater than fifteen-percent slope;
Areas within the one-hundred-year floodplain and/or floodways of any watercourse or lake as regulated under Chapter 115 of the Town of Canandaigua Code; or
Areas within 500 feet of Canandaigua Lake or a recognized Canandaigua Lake tributary as indicated in the most recent USGS 7.5-minute series topographical maps for the Canandaigua and Canandaigua Lake quadrangles.
[Amended by L.L. No. 7-1992]
The following activities are exempted from permit requirements:
Governmental activities to the extent such activities are exempted by law;
Before any site preparation requiring a permit under § 165-7 of this chapter is commenced, three copies of a permit application shall have been filed with the Authorized Official, and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
Review and approval.
The Authorized Official shall have the authority to review and approve, approve with modifications, or disapprove all permits applied for pursuant to this chapter except for the applications involving an activity which will otherwise require Town Planning Board review and approval as:
For applications involving such activities, the Planning Board shall have review and approval authority and shall coordinate this permit approval with the underlying Planning Board review process.
The Authorized Official or Town Planning Board may upon and recommendations.
All permits hereunder shall be granted or denied within 60 days of the filing of the application thereof; unless the applicant and the Town Planning board consent to a time extension, or when applicable, the Town Planning Board shall follow the general procedures used by the Planning Board under the land subdivision and site plan review time frames.
Prior to granting a permit, the Authorized Official or Town Planning Board shall determine that the request is in harmony with the purpose and standards set forth in this chapter.
In granting a permit, the Authorized Official or Town Planning Board shall fix a reasonable time limit for the termination of the permit and may affix any conditions which it deems necessary to assure compliance with the provisions of this chapter.
Major modifications of the terms of approved permits shall follow the same application, review and approval procedures as those set forth in this section for the original permit.
It shall be the responsibility of the Authorized Official to inspect sites as frequently as necessary to assure compliance with the terms of approved permits and the provisions of this chapter and to submit written notification of any violations of these terms or provisions to the Chairman of the Town Planning Board.
If at any time during the effective period of a permit or upon its expiration the terms of the permit are violated, the Authorized Official or Town Planning Board may revoke the permit and may require that the performance guarantee be forfeited to the Town. If the applicant shall be unable to complete the project or any phase thereof within the specified time, he shall, as soon as possible prior to the specified date of completion, present in writing a request for an extension of time, setting forth therein the reasons for the request, which extension may be granted in the discretion of the Authorized Official.
The property owner or his agent may initiate a request for permit by filing with the Town Development Office three copies of an application. The application shall consist of, at a minimum, the application form available from the Town, the checklist completed by the applicant and appropriate maps, plans and/or sketches depicting the proposed site and showing the nature and scope of the proposed activities.
At a minimum, the map, plan, or sketch prepared shall indicate the following:
Boundaries of the subject parcel and other parcels adjacent to the site which may be materially affected by the action.
Existing features including structures, roads, watercourses, utility lines, etc. on the subject parcel and on adjacent parcels where appropriate.
Existing vegetative cover including wooded areas, grass, brush, or other on the subject parcel and on adjacent properties where appropriate.
Limits or extent of excavation, filling, and/or grading proposed to be undertaken.
The disposition of soil and topsoil, whether on site or off site, and the locations of any stockpiles to be placed on site.
Temporary and permanent drainage, erosion and sedimentation control facilities, including ponds, sediment basins, swales, energy dissipation devices, silt fences and/or straw bale locations.
The location of proposed roads, driveways, sidewalks, structures, utilities and other improvements.
Final contours of the site in intervals adequate to depict slopes and drainage details on the site.
A time schedule indicating:
When major phases of the proposed project are to be initiated and completed;
When major site preparation activities are to be initiated and completed;
When the installation of temporary and permanent vegetation and drainage, erosion and sediment control facilities is to be completed; and
The anticipated duration (in days) of exposure of all major areas of site preparation before the installation of erosion and sediment control measures.
Smaller, or less complicated sites can be handled with a sketch to an approximate scale. Larger, more complicated sites, especially where erosion and sedimentation may affect off-site areas will require more detail and may require a plan prepared by a licensed engineer or architect. Applicant should discuss with the Authorized Official, at or prior to the time of application, the extent of mapping that may be required.
A separate estimate shall be prepared and submitted detailing the costs of providing temporary and permanent vegetation and drainage, erosion and sedimentation control facilities.
In granting a permit under this chapter, the standards and considerations taken into account shall include but not be limited to the following:
Excavation, filling, grading, and stripping shall be permitted to be undertaken only in such locations and in such a manner so as to minimize the potential of erosion and sediment, and so as to minimize any threat to the health, safety and welfare of neighboring property owners and the general public;
Site preparation and construction shall be fitted to the vegetation, topography and other natural features of the site and shall preserve as many of these features as feasible;
The control of erosion and sediment shall be a continuous process undertaken as necessary prior to, during, and after site preparation and construction;
The smallest practical area of land shall be exposed by site preparation at any given time;
The exposure of areas by site preparation shall be kept to the shortest practical period of time prior to the construction of structures or improvements or the restoration of the exposed areas to an attractive natural condition;
Mulching or temporary vegetation suitable to the site shall be used where necessary to protect areas exposed by site preparation, and permanent vegetation which is well adapted to the site shall be installed as soon as practical;
Where slopes are to be revegetated in areas exposed by site preparation, the slopes shall not be of such steepness that vegetation cannot be readily established or that problems of erosion or sediment may result;
Site preparation and construction shall not adversely affect the free flow of water by encroaching on, blocking or restricting watercourses except as permitted by approved detention systems;
All fill material shall be of a composition suitable for ultimate use of the fill, free of rubbish and carefully restricted in its content of brush, stumps, tree debris, rocks, frozen material, and soft or easily compressible material;
Fill material shall be compacted sufficiently to prevent problems of erosion, and where the material is to support structures, it shall be compacted to a minimum of 90% of standard proctor with proper moisture control;
Topsoil which is excavated from a site shall be stockpiled and used for the restoration of the site, and such stockpiles shall be seeded or otherwise treated to minimize the effects of erosion, if the pile is to remain for a period of more than 90 days;
Prior to, during, and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability, and adverse effects on neighboring property owners;
The natural drainage system shall generally be preserved in preference to modifications of this system, excepting where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring property owners;
All drainage systems shall be designated to adequately handle anticipated flows both within the site and from the entire upstream drainage basin;
Sufficient grades and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within site plans, in which event there shall be sufficient water flow to maintain proposed water levels and to avoid stagnation;
There shall be provided such measures as benches, berms, terraces, diversions, and sediment, debris and retention basins, where necessary, to minimize erosion and sediment;
Drainage systems, planting and other erosion or sediment control devices shall be maintained as necessary to provide adequate protection against erosion and sediment and to insure that the free flow of water is not obstructed by the accumulation of silt, debris or other material, or by structural damage; and
The New York Guidelines for Urban Erosion and Sediment Control shall be the reference or technical guide used in the development of the soil erosion and sediment plan for any specific site or project.
After the approval of the application and before the issuance of any permit, the applicant shall file with the Town Clerk an amount of the estimated cost of the erosion and sedimentation control measures as submitted under § 165-10D of this chapter and accepted by the Town, one of the following performance guarantees:
The Authorized Official may grant a waiver of such guarantee if he deems the proposed activities to be of minor scope and to be consistent with the provisions of this chapter.
The Town shall accept the performance guaranty only if the party or parties filing the performance guarantee agrees that upon the termination of the permit or the operation, whichever may come first, the project shall be in conformity with both the approved specific requirements of the permit and the provisions of this chapter; and that in the event of default of such and/or violation of any other applicable laws, such performance guarantee shall be forfeited to the Town. Such performance guarantee shall continue in full force and effect until a certificate of compliance shall have been issued by the Authorized Official after such consultation with any agencies or individuals as he deems necessary to insure that all provisions of this chapter and of the permit have been met.
The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration, and any other expenses incurred by the Town as a result of the applicant's default.
Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of this chapter or certain provisions thereof are encountered, waivers may be requested from the Authorized Official or Town Planning Board as appropriate.
Decisions of the Authorized Official or Planning Board on permit applications under this chapter may be appealed, at the applicant's option, to the Town Board, or by commencement of a judicial proceeding under Article 78 of the Civil Practice Law and Rules, provided such appeal is made in writing within 30 days of the decision appealed from.
The Town Board may from time to time on its own motion, on petition, or on recommendation of the Town Planning Board, and in accordance with the laws of the State of New York, amend, supplement, or repeal the regulations or provisions of this chapter.
The Town Board may, from time to time and by resolution, establish appropriate fees for the review and processing of the permits under this chapter.
If there is any damage due to a violation of this chapter or if any soil, liquid or other material is caused to be deposited upon or to roll, flow or wash upon any public property, private property, or right-of-way in violation of this chapter, the person, firm, partnership, corporation, or other party responsible shall be notified and shall cause the same to be removed from such property or way within 36 hours of notice. In the event of an immediate danger to the public health or safety, notice shall be given by the most expeditious means and the violation shall be remedied immediately. In the event it is not so remedied, the Town shall cause such remedy as necessary and the cost incurred by the Town shall be paid to the Town by the party who failed to so remedy and shall be a debt owed to the Town, above and beyond the approved performance guarantee.
Any person, firm, partnership, corporation, or other party who violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $100 for the first offense. Any subsequent violation of the provisions of this chapter shall be a misdemeanor and upon conviction, such person shall be subject to a fine of not less than $250 nor more than $1,000 or imprisonment not exceeding six months, or both such fine and imprisonment. The imposition of any such penalty for the violation of this chapter shall not excuse such violation nor permit the continuance thereof. The application of the above penalty or penalties for a violation of the provisions of this chapter shall not be held to prevent the removal of conditions prohibited by this chapter by such legal means as may be proper.
The continuation of an offense against the provisions of this chapter shall constitute, for each week the offense is continued, a separate and distinct offense hereunder.
The Authorized Official, as designated by the Town Board of the Town of Canandaigua, shall have the authority to issue appearance tickets when the provisions of this chapter are deemed to be in violation.