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All land development activities shall be subject to the following performance and design criteria: A. Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter: (1) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual). (2) New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conserv...

A. Maintenance and inspection during construction. (1) The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. (2) For land development activities as defined in § 134-6 and meeting Condition A, B or C in § 134-7B(2) , the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices e...

A. Erosion and sediment control inspection. (1) The stormwater management officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of the Branch enforcement official at least 48 hours before any of the following as required by the stormwater management officer: (a) Start of construction; (b) Installation of sediment and erosion control measures; (c) Completion of site clearing; (d) Completion of rough grading; (e) Completion of final grading; (f...

A. Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of the Branch in its approval of the stormwater pollution prevention plan, the Village of the Branch may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Village of the Branch as the beneficiary. The security shall be in an amount to be determined by the Village of the Branch based on submission of final design plans, with reference to actual construction and lan...

A. Notice of violation. When the Village of the Branch determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain: (1) The name and address of the landowner, developer or applicant; (2) The address when available or a description of the building, structure or land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that shal...

The Village of the Branch may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of the Branch or performed by a third party for the Village of the Branch.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 3-9-2004 by L.L. No. 1-2004 (Ch. 41 of the 1973 Code). Amendments noted where applicable.]

This chapter shall be known and may be cited as "Fees of the Incorporated Village of the Branch."

[Amended 3-12-2019 by L.L. No. 2-2019 ] The Incorporated Village of the Branch shall impose such fees as it deems appropriate for the filing of applications, the conducting of inspections, the granting of permits, the regulation of vehicle parking requirements, as well as and any other cost and/or fees contained within the Village Code, including, but not limited to, matters before the Building Department, Planning Board, and the Zoning Board of Appeals. Such fees and charges shall be established on a schedule to be adopted from time to time by resolution of the Board of Trustees. A current schedule of such fees shall be maintained by the Village Clerk.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 42 of the 1973 Code. Amendments noted where applicable.]

For the purposes of this chapter, the terms used herein are defined as follows:

PERSON Any person, persons, firm, partnership, association, private or municipal corporation, company or organization of any kind.

No person shall fire or discharge or cause to be fired or discharged any gun, revolver, pistol or other firearm, or any air gun, spring gun or other instrument or weapon in which the propelling force is a spring, gas or air, within the corporate limits of the Incorporated Village of the Branch.

It shall be unlawful for any person to hunt, shoot or to pursue game birds or animals within the Incorporated Village of the Branch. It shall be presumptive evidence of a violation of this chapter if a person is found carrying a rifle or shotgun in any field or wooded area.

A. Nothing in this chapter shall be deemed or construed to interfere with: (1) Members of any federal or state military organization, or any police or peace officer, in the discharge of their duty. (2) The defense of one's person or property or the person or property of another. B. The Board of Trustees, by resolution, may designate certain areas in which certain designated weapons may be used under such conditions as may be provided.

No person shall discharge any firecrackers, rockets or other explosives within the corporate limits of the Incorporated Village of the Branch, or fire any cannon or assist in burning any fireworks at a general entertainment or celebration in any street or public place in the Village, except by resolution of the Board of Trustees. Any such resolution shall specifically designate the place or places where such display of fireworks may be made, and may impose such conditions thereon as the Board of Trustees, in its sole discretion, shall determine to be necessary for the protection of the health, safety and welfare of persons and property.

No person shall keep or store any gunpowder, dynamite or gasoline or any other highly explosive substances within the corporate limits of the Incorporated Village of the Branch.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 6-16-2009 by L.L. No. 4-2011 . Amendments noted where applicable.]

The Board of Trustees of the Village of the Branch finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of the Branch and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.