[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.
A.
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."
B.
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.
C.
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Control", shall be repealed and revoked in its entirety.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.[1] In relation to this purpose, this chapter is intended
to:
A.
Preserve the quality of the natural environment from
such adverse effects of site preparation and construction as:
(1)
Pollution of lakes, ponds, and watercourses from silt
or other materials;
(2)
Unnecessary destruction of trees and other vegetation;
(3)
Excessive exposure of soil to erosion;
(4)
Unnecessary modification of natural topography or
unique geological features; and
(5)
Failure to restore sites to an attractive natural
condition.
B.
Protect people and properties from such adverse effects
of site preparation and construction as:
C.
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.
D.
Ensure that site preparation and construction consistent
with the Comprehensive Plan of the Town of Canandaigua.
[1]
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:
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, including
horticultural and fruit operations.
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.
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:
B.
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:
(1)
Areas within NYSDEC freshwater wetlands;
(2)
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;
(3)
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
(4)
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:
A.
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.
C.
Review and approval.
(1)
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:
(2)
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.
D.
The Authorized Official or Town Planning Board may
upon and recommendations.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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.
B.
At a minimum, the map, plan, or sketch prepared shall
indicate the following:
(1)
Boundaries of the subject parcel and other parcels
adjacent to the site which may be materially affected by the action.
(2)
Existing features including structures, roads, watercourses,
utility lines, etc. on the subject parcel and on adjacent parcels
where appropriate.
(3)
Existing vegetative cover including wooded areas,
grass, brush, or other on the subject parcel and on adjacent properties
where appropriate.
(4)
Limits or extent of excavation, filling, and/or grading
proposed to be undertaken.
(5)
The disposition of soil and topsoil, whether on site
or off site, and the locations of any stockpiles to be placed on site.
(6)
Temporary and permanent drainage, erosion and sedimentation
control facilities, including ponds, sediment basins, swales, energy
dissipation devices, silt fences and/or straw bale locations.
(7)
The location of proposed roads, driveways, sidewalks,
structures, utilities and other improvements.
(8)
Final contours of the site in intervals adequate to
depict slopes and drainage details on the site.
(9)
A time schedule indicating:
(a)
When major phases of the proposed project are
to be initiated and completed;
(b)
When major site preparation activities are to
be initiated and completed;
(c)
When the installation of temporary and permanent
vegetation and drainage, erosion and sediment control facilities is
to be completed; and
(d)
The anticipated duration (in days) of exposure
of all major areas of site preparation before the installation of
erosion and sediment control measures.
C.
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.
D.
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:
A.
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;
B.
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;
C.
The control of erosion and sediment shall be a continuous
process undertaken as necessary prior to, during, and after site preparation
and construction;
D.
The smallest practical area of land shall be exposed
by site preparation at any given time;
E.
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;
F.
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;
G.
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;
H.
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;
I.
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;
J.
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;
K.
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;
L.
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;
M.
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;
N.
All drainage systems shall be designated to adequately
handle anticipated flows both within the site and from the entire
upstream drainage basin;
O.
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;
P.
There shall be provided such measures as benches,
berms, terraces, diversions, and sediment, debris and retention basins,
where necessary, to minimize erosion and sediment;
Q.
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
R.
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.
A.
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:
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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.