HomeMy WebLinkAboutErosion & Sediment Ord. 1988JAMES A. SCHONDEBARE
TOWN ATTORNEY
ROBERT H. BERNTSSON
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-I939
TO:
FROM:
DATE:
RE:
Supervisor, Town Board
James A. Schondebare, Town Attorney
April 5,1988
Model Erosion and Sediment Control Ordinance
Either the Code Committee or the Town Board requested
an ordinance to protect the devegetation of land and the
bulldozing of bluffs, which causes weakness of lateral support.
I enclose a copy of the Model Erosion and Sediment
Control Ordinance for your review, which we can add to or
subtract therefrom.
Appendix A
Model erosion and sediment
control ordinance
Section 1.00 Parpose. It is the purpose of this ordinance
to protect public health, safety and welfare in (name of
mun~cipaiity) by regdiating site preparation and construc-
tion activities, including excavation, filling, grading and
stripping, so as to pre~,ent problems related to erosion, sedi-
ment or draLnage. In relation to this purpose the ordinance
is intended to:
1. Preserve the quality of the natural environment from
such adverse effects of site preparation and construc-
tion as: (a) pollution of lakes, ponds and watercourses
from silt or other materials; Ca) unnecessary destruction
of trees ,and other vegetation; (c) excessive exposure of
soil to erosion; (d) unnecessary modification of natural
topography or udique geological features; and (e)
fail,re.to:restore ~ites to an attractive natural ~onditinn.
2. Prote~'pgopleand'properties f~om~uch aflverse effects
of.sitepr:eparafion and ~:onstruction~as:,,(a) increased
nmoff;*.~rosion and sediment; Ca) increased:threat ~o life
and p.r~O.lY,e..rty from flooding or'storm waters; (c) i,ncreas-
ed slo~pe ~instability and ~hazards from:landslides and
dumping;, .and': (d) modific-~/tions of the gromndwater
regime '~at adversely affect wells and surfface waier
levels.
3. Protect the town (village) and other governmental
bodies from having to undertake, at public expense,
programs of repairing roads and other public fac/lifies,
of providing flood protection facilities, and of compen-
sating ,private. property owners for the destruction of
prope[~es arising from the adverse effects of site
prepar'ation and.construction; and
4. Ensure: that site preparation and_construction are con-
sistent ~it'h the Comprehensive Plffn of (name of munic~
ipality).
Section 2i00 Anlhodty. In accordance with Article 9 of
the Town L~w (Articles 4 and 20 of the Village. Law) of the
State o¢~New York, the (name of legislative body of the
manicipalit~) has the authority to enact ordinances for the
purposeof~romofing the health, safety or general welfare
of (name 0'f municipality)~ including the protection and
preservatiomof the property of its inhabitants_ By the same
authority th~ (name of legislative body of municipality) may
include in a~y ~ch ordinance provision for the appointment
of any mum~ipal officers or employees to effectuate and ad-
minister ~c.it,ordinance.
Section 3~00 Enactment and title. In order that site
preparation ~d construction activities may be in con-
formance ~th the provisions of this ordinance, this or-
dinance is hereby adopted and shall be known and may be
cited as the.~rosion and Sediment Control Ordinance of
(name of mu~icipality).
Section 4.01) Jurisdiction. Upon the approval of this or-
dinance by t}ie 'Town (Village) Board, all site preparation
and constmciton activities requiring a permit under this or-
dinance sha~, be in conformance with the provisions set
forth herein.
Section: 5.00 Eflective date. This ordinance shall take ef-
fect and be ia!;foree immediately after its passage, publica-
tion of notice/Of adoption, and posting as prescribed by law.
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Section 6.00 Conflict with existing regalafions. Where
this ordinance imposes greater restrictions than are imposed
by the provisions of any law, ordinance, regulation or
private agreement, this ordinance shall control. Where
greater restrictions are imposed by any law, ordinance,
regulation or private agreement than are imposed by this or-
dinance, such greater restrictions shall control.
Section 7.00 Sepal:ability. If any section, subsection,
paragraph, sentence, clause, or other part of tiffs ordinance
is for any reason invalid, the validity of the remaining por-
tion of this ordinance shall not be affected. section 8.00 Definitin~s.
8.01 Agricultural operations. All activities directi3' re-
lated, to the 'growing or raising of crops or livest6ck for the
sale of agricultural produce, including horticultural and
frui~'operatl,6gs.
8.~}2~tut}tbri~ed official The person designated by the
ToWn'(¥i]]~.~/) l~qard to administer and maintain the provi-
sinus ~f this,O~lin&nce.
8.03 D~, Th~ gravitational movement of water or
other iiquidB, by six'face runoff or subsurface flow.
8.04 tEr0si~ T~ wearing away of the land surface by
acnon of ~ wafer;grawty or other natural forces.
8.05 EXCa~ali0~; Any aetivit~ which removes or signifi-
cantly disturbs rOCk, grave[, sand, soil or other natural
deposits.
8.06 'Filling. Any activity which deposits natural or ar-
tificial material so' as to modify the surface or subsurface
conditions oftand, Iakes, ponds Or.watercourses.
8.0/' Grading. The alteration of the surface or subsurface
conditions or'land, lakes, ponds or watercourses by excava-
tion or t'ffling.
8,08'a~Vhfli:hing. The application of a layer of plant resi-
due or .other maserial for the purpose of effectively controll-
ing ero sim~.
8.09' iSedimeat. Solid material, both mineral and organic,
that is i~,suspension, is being transported, has been depos-
ited, or,has been removed from its site of origin by erosion.
8.10:'Site preparation. The activities of stripping, excava-
tion, f'~[ling-and grading, no matter what the purpose of
these a~:tivities:
8.I1 Soil.~ All unconsolidated mineral or nonliving or-
ganic material of whatever origin which overlies bedrock.
8-1'2 Stripping. Any activity which removes or siginf-
icantiy dish,tbs trees, brush, grass, or any other kind of
vege~atinn.
8.13 Topsoil. The natural surface layer of soil, usually
darker than subsurface layers, to a depth of at least six (6)
inches within an undisturbed area of soils.
8.14 Watercourse. 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 or course, either continuously or intermittently,
and whiett has a definite channel, bed and banks, and any
area adjacent thereto subject to inundation by reason of
overflow, flood, or storm water_
8.15 Wetlands..M-eas of aquatic or semi-aquatic vegeta-
tion, or any areas which have been mapped as such by the
Town (Village) Planning Board, the Town (Village) Conser-
vation Council, the County Department of Planning, the
County Soil and Water Conservation District, or the New
York State Department of Environmental Conservation
under the Freshwater Wetlands Act.
CommeNt: This is a good set of definitions for any soil-
related ordinance.
Section 9.00 Activities requiring a permit.
9.01 None of the following activities shall be commenced
until a permit has been issued under.the provisions of this
ordimmce.
1_ Site preparation in the subdivision of land into two or
more parcels;
2. Site preparation within wetlands;
3. Site preparation on slopes which exceed one and one-
bza~f (1 1/2) feet of vertical rise to ten (10) feet of
horizontal distance (or site preparation in areas of
severe erosion potential, if such areas have been map-
ped for the jurisdiction);
4. Site ~preparation within the hundred year floodplain of
any watercourse;
5. Excavation which affects more than one hundred (100)
cnbig yards of material within any parcel or any con-
ffguons area;
6. S~-/~ping: wkich affects, more than twenty thousand
(2~0~000) square feet of ground surface within any parcel
o~ any contiguous area;
7. Grading .which affects more than twenty thousand
(2'0,000) square feet of ground surface within any parcel
or a~y contiguous area; and
8. Fillfilg which exceeds a total of one hundred (100) cubic
yards of material within any parcel or any contiguous
arem,
Comraear: A municipality should review these activities
careful/y to be sure they meet its needs. Activities should be
added'to cover other specialized areas such as shorelines and
mineral~excavations_
9.02 The following activities are exempted from permit
requirements:
1_ Activities not meeting the criteria in Section 9_01;
2. Agricultural operations;
3. Excavations for the basements and footings of single
family houses and for septic tank systems, wells, and
swimming pools attendant to single family homes, ex-
eepting those excavations required to obtain permits
under Section 9.01(1) through (4);
,~. Activities subject to permits under the Commercial Ex-
cavation Ordinance of (name of municipality);
5. Household gardening and acti,aties related to the
maintenance of landscape features on existing devel-
oped.lots, excepting such activities as are required to ob-
tain permits under Section 9.01(5) through (8); and
6. Governmental activities, but only to the extent that such
activities are exempted from the provisions of this or-
dinance by law.
Comment: This list identifies some obvious exemptions,
but it should also be carefully reviewed. Routine activities
should be exempted so that administration of the ordinance
will not burden either public or privat6 interests.
Section 10.00 Permit application, review, issuance, and
compliance procedures.
10.01 Before any site preparation requiring a permit
under Section 9.00 of this ordinance is commenced, six (6)
copies of a permit application shall have been filed with the
Town (Village) Clerk, and this application shall have been
approved and a permit shall have been granted pursuant to
the provisions of this ordinance.
10,02 Upon filing an application for a permit, the appli-
cant(s) shall pay to the town (village) a fee of twenty-five
dollars ($25) if the permit may be required under Section
9.01(1), (5), (7) or (8) of tkis ordinance; otherwise, the appli-
cant(s) shall pay a fee of five dollars (.$5)- The fee shall be
deemed a reasonable sum to cover the costs of admiaislxa-
[ion and shall in no part be returnable to the applicant(s).
10.03 The Town (Village) Planning Board shall have the
authority to grant or deny all permits pursuant to this ur-
dinance.
10~04 Copies of the permit application shall be subm/tted
to the Town (Village) Engineer, the Town (V/I/age) Conser-
vation Council, and the County Soil and Water Conserva-
tion District, which shall submit recommendations on the
application to the Town (Village) Planning Board within
thirty (30) days of the date of filing_
10...05 The Town (Village) Planning Board may, upon its
discretion, conduct pubYtc hear'mgs un permit applications,
which hearings shall be fixed at a reasonable time and shall
be given notice by a newspaper of general circulataon in the
town (village) at least ten (10) days prior to the date thereof.
10.06 The Town (Village) Planning Board shall grant or
deny all permits within sixty (60) days of the date of filing of
the application thereof, unless the applicant and the Town
(Village) Planning Board consent to a rime extension.
10.07 Prior to granting a permit, the Town (Village)
Planning Board shall determine that the request is in har-
mony with the purpose and standards set forth in this or-
dinance.
10.08 In granting a permit, the Town (Village) Planning
Board shall fix a reasonable time limit for the termination of
the permit and may attach any conditions which it deems
necessary to assure compliance with the provisions of this
ordinance_
10.09 Major modifications of the terms of approved per-
mits shall follow the same applicataon, review and approval
procedures as those set forth in this section for the original
permit.
10.10 It shall be the responsibility of the Authorized Of-
ficial to inspect sites as frequently as necessary to assure
compliance with the terms of approved permits and the pro-
visions of this ordinance and to submit written notification
of any violations of these terms or provisions to the Chair-
man of the Town (Village) Planning Board.
I0.1! If at any time during the effective period of a per-
mit or upon its expiration the terms of the permit are
violated, the Town (Village) Planning Board may revoke the
permit and may require that the performance guarantee be
forfeited to the town (village). If the applicant shall be
unable to complete the project or any phase thereof within
the specified time, he shall, thirty (30) days 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_ If in the discretion of the Town (Village) Planning
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Board such an extension is warranted, the board may grant
additional time for the completion of the work.
Comment: The application review procedure should
follow the general procedures used by the Planning Board
under their subdivision regulations. This will enable the
Planning Board to handle applications under this ordinance
as part of their normal operations.
Section 11.~ Permit applicatin~ materi~ls. A proper~y
owner(s) or his agent(s) may initiate a request for a permit or
the modification of a permit by filing with the Town
(Village) Clerk six (6) copies of an application. Maps and
plans accompanying the application shall bc prepared by a
licensed architect or engineer or by any other person approv-
cd by thc Chairman of the Town (Village) Planning Board.
The Chairman of the Town (Village) Planning Board may
requ~-e that additional copies of the application be filed with
the Town (Village) Clerk, and he may modify the re-
quirements concerning materials to accompany the applica-
tion by waivSng or adding such requirements as he deems ap-
propriate to the nature and scope of the proposed activities.
The Chairman of the'Town (V'dlage) Planning Board may
require~the applicam(~) to reconstruct application'materials
if they are deemed to be of insufficient scale-or quality or do
not meet the stax~dards of. tkis section. Excepting for
modifications authorized or required by the Chairman of
the Town CVillage): Planning Board, each application shall
contain the follow£ng.materJal:
Il;IH Existing features map(s), at a scale no smaller than
one inch equals two hundred feet (1" = 2009, indicating:
1. The boundaries of all parcels on which site preparation
activities arepropnsed to be undertaken;
2. All structures and roads within a distance of five hun-
tired .(500) feet of the parcel on which site preparation
activities are proposed to be undertaken, the structures
identi~ed by thek uses and the roads identified by their
surface material and width of surface;
3. Ag'watercourses within a distance of five hundred (500)
feet: of the parcels on whinh site preparation activities
are~propnsed to be undertaken;
4. Exikfing{.topography at contour intervals of no greater
than f~ve~(5) feet within a.distance of five hundred (500)
feet of r. he, parcels on which site preparation activities
axe.proposed ~o be undertaken;
5. All sewer, water, gas a~d electric lines and all other
utilities within the parcele on which site preparation ac-
fivifies~are proposed to be~undertaken;
6. Major ~vooded areas and tree clusters within a distance
of five.hundred (500) feet of the parcels on which ske
preparaxion activities are proposed to be undertaken;
7. All vegetation areas on the site proposed for site
preparation activities, including areas of grass, areas of
brush, end wooded areas and tree ciasters;
8. The depth to bedrock on the site proposed for site
preparation activities, if determined during site evalua-
tion; and
9. The depth to permanent groundwater aquifers on the
site proposed for site preparation activities, ii such
depth is.determined during site evaluation.
11.02 Operations map(s) at a scale no smaller than one
inch equals two hundred feet (1' = 200'), which present a
complete erosion and sediment control plan and which in-
dicate:
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1. All excavation, filling and grading proposed to be
undertaken, identified as to the depth, volume and
nature of the materials involved;
2. All stripping, identified as to the nature of vegetation
affected;
3. All areas where topsoil is removed and stockpiled and
where topsoil is ultimately placed, identified as to the
depth of topsoil in each such area;
4. All temporary and permanent vegetation to be placed
on the site, identified as to planting type, size and ex-
tent;
5. All temporary and permanent drainage, erosion and
sediment control facilities, including such facilities as
ponds and sediment basins, identified a~ to the B~pe of
facility, thc materials from which it is constructed, its
dimensions, and its capacity in.gelloas;
6. The anticipated pattern of surface drainage during
per'rods of peak runoff, upon ,completion of site
preparation and construction activities, identified as to
rate and direction of flow at all major pOintS within the
drainage system;
7. The location of all roads, driveways, s/dewalks, struc-
tures, util/ties and other improvements; and
8. The final contours of the site in intervals of no greater
than two (2) feet.
11.03 A time schedule which is keyed to the operations
mip(s), indicating:
1. When major phases of the propnsefl-projeet are to be in-
itiated and completed;
2. Whan major site preparation activities are to be in-
itiated and completed;
3. When the installation of temporary and permanent
vegetation and drainage, erosion and sediment control
facilities is to be completed; and
4. The anticipated duration (in days) of exposure of all
major areas of site preparation before the installation of
erosion and sediment control measures.
11.O4 An estimate of the costs of providing temporary
and permanent vegetation and drainage, erosion and sedi-
ment control facilities.
Comment: The Permit Application materials should ade-
quately describe the proposed operation and tell what
measures are being.taken to minimize erosion on the site.
The time schedule should be realistic and relate to the
climate conditions of the area.
Sect'mn 12.00 Standards. In granting a permit under this
ordinance the standards and considerations taken into ac-
count shall include but not be limited to the following:
1. Excavation, filling, grading and stripping shah be per-
mitted to be undertaken only in such locations and in
such a manner as to minimize the potential of erosion
and sediment, and the threat to the health, safety and
welfare of neighboring property owners and the general
public;
2. 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;
3. The control of erosion and sediment shall be a con-
tinuous process undertaken as necessary prior to, dur-
ing, and after site preparation and construction;
4. The smallest practical area of land shall be exposed by
site preparation at any given time;
5. The exposure of areas by site preparation shall be kept
to the shortest pra~ieal period of time prior to the cnn-
structinn of structures or improvements or the restora-
tion of the exposed areas to an attractive natural condi-
tion;
6. Mulching or temporary vegetation suitable to the site
shall be used where necessary to protect areas exposed
by site preparation, and permanent vegetation wkich is
well adapted to the site shall be installed as soon as prac-
tical;
7. 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;
8. Site preparation and construction shall nnt adversely al-
feet the free flow of water by encroaching on, blocking,
or restricting watercourses;
9. Alt fill material shall be of a composition suitable for
the ultimate use or'the fill, free of rubbish and carefully
restricted in its content of brush, stumps, tree debris,
rocks~ frozen material, and soft or easiy compress~le
material;
10. Fill ;material shall be compacted sufficiently to prevent
problems of erosion, and where the material is to sup-
port structures, it shall be compacted to a minimum of
90 percent of standard proctor with proper moistuse
con~ol;
11. All ,topsoil which is excavated from a site shall be
stockpiled and used for the restoration of the site, and
such stockpiles, where necessary, shall be seeded or
otherwise treated to minimize the effects of erosion;
12. Prior to, during, and after site preparation and con-
strncilan, an integrated drainage system shall be provid-
ed which at all times minimizes erosion, sediment,
hazards of slope instability, and adverse effects on
neigliboriag property owners;
13. 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
neigllboring property owners;
14. All ct[rainage systems shall be designed to handle ade-
quatel3"anticipated flows both within the site and from
the~efifii-e upstream drainage basin;
15. SuffiCient:grades and drainage facilities shall be provid-
ed to prevent the ponding of water, unless such ponding
is proposed within site plans, in which event there shall
be su~.ficient water flow to maintain proposed water
levels and to avoid stagnation;
16. There shall be provided where necessary to minimize
erosio~ and sediment such measures as benches, berms,
terraces, diversions, and sediment, debris and retention
basin~,
17. Drainage systems, plantings and other erosion or sedi-
ment control devices shall be maintained as frequentiy
as necessary to pro~'ide adequate protection against ero-
sion 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.
Section 13.00 Performance guarantee. After the approval
of the application and before the issuance of any permit, the
applicant shall file with the Town (Vii!age) Clerk an amount
of the estimated cost of the project as submitted under Sec-
tion 11.04 of this ordinance and verified by the Authorized
Official, one of [he following performance guarantees: 1. A certified check.
2_ A performance bond which shall be satisfactory to
the Town (Village) Board and Town (Village) At-
torney as to form, sufficiency, manner of execution,
surety and period of execution.
3. A letter of credit from a bank approved by the Town
(Village) Board and Town (Village) Attorney.
The Chairman of the Town (Village) Planning Board 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 ordinance.
The party or parties filing the performance guarantee pro-
vide that either upon termination of the permit or the opera-
tion, whichever umy come first, the project shah be in con-
formity with both the approved specific requirements of the
permit and the provisions of this ordinance. In the event of
default of such .and violation of any other apptcable laws,
such performance guarantee shall be forfeited to the town
(village). The town (village) 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
(village) as a result, of the appl/cant's default. Such per-
formance guarantee:shall continue in full force and effect
until'a certificate :of ~:ompliance shall have been issued by
the Authorized Official after such consultation with any
agencies or indiv'tch~als as he deems necessary to insure that
all provisions of .the ordinance and of the permit have been
Section 14.00 Variances. Where practical difficulties, un-
necessary hardships, and results inconsistent with the
general purpose of this ordinance or certain provisions
thereof are encountered, variances may be granted by the
Town (Village) Boaxd_
Section 15.00 Amendments. The Town (Village) Board
may from time to time on its own motion, on petition, or on
recommendation of the To~vn (Village) Planning Board, and
in accordance with the laws of the State of New York,
amend, supplement, or repeal the regulations or provisions
of this ordinance.
Section 16.00 Violations.
16.4)1 If there is'any damage due to a violation of this or-
dinance or if uny 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 ordinance, 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
thirty-six (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 (village) shall cause such and the cost of such by the
town (vllage) shall be paid to the town (village) by the party
who failed to so remedy and shall be a debt owed to the
town (sfllage)_
16.02 Any person, firm, partnership, corporation, or
other party who violates any provision of this ordinance
shall be guilty of a misdemeanor and subject to a fine of not
less than fifty dollars ($50) nor more than one hundred
dollars ($100) or to imprisonment of not more than six (6)
months, or both such fine and imprisonment; and in addi-
tion, any party who violates any of the provisions of this or-
dinance or omits or refuses to perform any and every act
24
hereby required shall respectively forfeit and pay a penalty
of fifty dollars ($50) for each and every such violation and
nonperformance. The imposition of any such penalty for
the violation of tiffs ordinance shall not excuse such vioin-
tion nor permit the continuance thereof_ The application of
the above penalty or penalties for a violation of the provi-
sions of this ordinance shall not be held to prevent the
removal of conditions prohibited by this ordiannce by such.
legal means as may be proper.
16.03 Every day that a violation of any of the provisions
of this ordinance continues after written notice shall have
been served upon the owner or his agent, either personally
or by registered mail addressed to such person at his last
known address, shall constitute a separate violation.
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