HomeMy WebLinkAbout1992_10_21_Local_Law_No_8 LOCAL LAW W-1992
SURFACE WATER, EROSION AND SEDIMENTATION CONTROL LAW
CONTENT'S
I 01. TITLE
02. STATUTORY AUTHORITY
03. FINDINGS AND PURPOSE
04. DEFINITIONS AND WORD USAGE
05. PERMIT REQUIRED FOR CERTAIN WORK
06. APPLICATION FOR PERMIT; WAIVER
07. ACTIVITIES NOT REQUIRING PERMIT
08. SURFACE WATER CONTROL GUIDELINES FOR ENGINEE.;R,s
DETERMINATION
09. EROSION AND SEDIMENT WATER CONTROL GUIDELINES FOR
ENGINEER'S DETERMINATION
10. OONT'ENTS OF SURFACE WATER AND EROSION AND SEDIMENT
CONTROL PLANS
11. CASH DOND AND OTHER MAINIUMCE REQUIREMENT`S
12. FEES
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13. PENALTIES FOR OFFENSES; OTHER REMEDIES
14. COMPLIANCE
15. RIGHT OF ENTRY
16. CONFLICTS WITH OTHER ORDINANCES; SEVERADILITY
Section -- 01. TITLE
The Surface Water, Erosion and Sediment Control Law of the Town
of Mamaroneck.
Section - 02. STATUTORY AUTHORITY
This local law is enacted pursuant to the authority of
municipalities to promote the public health, safety, and general
welfare of their citizenry under New York State Municipal Herne
Rule Law (Section 10) , New York Environmental Conservation Law
(Article 36), the Waterfront Revitalization and Coastal
Resources Act of the State of New York (Article 42 of the
Executive Law) and other applicable provisions of State and
federal Law.
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A Section - 03. FINDIkM AND PURPOSE
A. FINDINGS
Stonnwater runoff from developing areas can lead to off-site
problems including flooding, erosion and water quality
degradation. Pollutants and sediment in runoff from
construction sites can have a significant effect on the quality
of downstream waters. It may also destroy fish habitats, impair
viability of aquatic plants and reduce the channel capacity of
watercourses, thereby affecting the public, business and
commerce. These effects are caused partly by faults in the
design of development and partly by inadequate control of
surface water, erosion and sediment during construction.
It is the intent of these regulations to control and regulate
land disturbing activities to assure that best management
Practices are used which minimize water pollution, retain
valuable topsoil and vegetation and prevent flooding, erosion
and sedimentation.
B. PURPOSE
The Town of Mamaroneck therefore declares that the purpose of
this local law is to safeguard persons, protect property,
prevent damage to the environment and promote the public welfare
by guiding, regulating and controlling the design, construction,
use, and maintenance of any development or other activity which
disturbs or breaks the topsoil or results in the movement of
earth on land situated in the Town of Mamaroneck.
Section - 09. DEFINITIONS AND WORD USAGE.
A. DEFMTIONs. Certain words in this chapter are defined for
the purpose thereof as follows:
Adjoii ing Pro rt - Far the purpose of this chapter, any
property facing a work site across any street or highway shall
be deemed adjoining property, as well as any property contiguous
on any side.
Base Flood - The 100-year frequency storm.
Best Management Practices/Manuals - Procedures, methods, and
publications pertaining to construction activities which are
intended to minimize water pollution, retain valuable topsoil,
and prevent erosion and sedimentation, such as those practices
contained in the IWestchester County Best Management Practices
Manual for Erosion and sediment Control (WCBMPM)- December 1991,
the IrNew York State Department of Environmental Conservation
Division of Water, Technical and operations Guidance Series
numbers 5.1.6 and 5.1.1o,', the Metropolitan Washington Council
of Governments, "Controlling Urban Runoff: A Practical Manual
for Planning and Designing Urban B"s" and "Urban Hydrology for
Small Watersheds- Technical Release No. 5511 prepared by the
United states Department of Agriculture soil Conservation
Service, as from time to time amended, supplemented or replaced.
Buildin g Inspeo for - The Building Inspector or duly authorized
representative of the Town of Mamaroneck Building and
Engineering Department.
Development - Any man-made change to improved or unimproved real
estate, including but not limited to construction of buildings
{ or other structures and mining, dredging, filling, grading,
paving, excavation, drilling or busting.
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October 21, 1992
Ezosion and Sediment Control Plan - A drawing prepared by a New
York State licensed professional engineer, certified erosion
control specialist, person with demonstrable educational and
experiential qualifications in the field, or the Westchester
county Soil and Water Conservation District showing the proposed
use of the site and showing the methods, techniques and
-. improvements, both during and after construction, that will be
employed to control erosion and sedimentation, which shall
employ best management practices.
Facing - For the purpose of this chapter, any property within
the opposite area of the projection of the line of the side
Property lines.
Land Disturbing_Activity - Any change to land which may result
in soil erosion from water or wind and the movement of soil into
waters or onto lands, including but not limited to clearing,
removal of vegetation, grading, excavating, transporting, and
filling of land.
Municipal Permit - Any permits, grants or licenses issued by the
Town of Mamaroneck, including, but not limited to building,
grading, demolition, clearing and excavation permits, and
subdivision and site plan approvals.
Pe son - Includes any individual or group of individuals,
corporation, partnership, association or any other entity,
including state and local governments and agencies, authorities
or other political subdivisions thereof.
Steep Slopes - Ground areas with a slope greater than
�- twenty-five percent. Slopes that exceed one foot of vertical
rise to four feet of horizontal distance.
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Surface Water Control Improvements -- Improvements to property by
the use of the following facilities: drainage pipes, ditches,
culverts, water-retention and detention areas and structures,
swales, slopes and other conduits and reservoirs.
Surface Water Control Plan - A drawing prepared by a New York
State licensed professional engineer or registered architect
showing the methods, techniques and improvements, both during
and after construction, that will be employed to control surface
water runoff, and shall contain all surface water control
calculations, unless set forth in an accompanying document.
Town En ineer - The Town Engineer, Consulting Engineer or duly
authorized representative of the Town of Mamaroneck Building and
Engineering Department.
B. USE of WORDS. Words used in the present term include the
future; the singular number includes the plural, and the plural
the singular: the 1�lotll includes the word "plot": the word
lgxAlding" includes the word "structure."
Section - OS. PERMIT REQUIRED FOR CERTAIN WORK.
No person shall commence or carry out any development or
land-disturbing activity in the Town of Mamaroneck without first
obtaining a surface water and/or erosion and sediment control
permit(s) from the Building Department upon approval of plans
for such control by the Town Engineer, all other necessary
local, state, and federal permits, and thereafter complying with
the requirements of this local law.
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October 21, 1992
Section - 06. APPLICATION FOR PERMIT; PDUVER.
( A. An application for a surface water and/or erosion and
sediment control permit shall be made on forms provided by the
Building Inspector. If the application is determined by the
Town Engineer to be in accord with this chapter,. and if the
application is accetnpanied by the appropriate fees, the Building
Department shall issue the permit. The pemit will be valid
-- the concurrent time as the associated municipal permit is valid.
B. Each application shall include certification that any
land-disturbing activity, land clearing, construction, or
development involving the movement and storage of earth shall be I
in accordance with the plans approved upon issuance of the
permit.
C. Failure of the Town Engineer to act on original or modified
applications within forty-five (45) days of receipt shall
authorize the applicant to proceed in accordance with the plans
as filed unless such time is extended by agreement between the
applicant and the Town Engineer. When an original plan has been
approved and an applicant wishes to modify the original plan,
Laing preparation and approval of a modified plan, development
activities may be allowed to proceed in accordance with
conditions established by the Town Engineer.
D. Modifications of the surface water control and/or erosion and
sediment control plans shall be submitted to the Town Engineer
and shall be processed and approved, or disapproved, in the same
manner as the original plans. Filed modifications of a minor
nature may be authorized by the Building Inspector by written
authorization to the permittee.
E. The Town Engineer may waive the requirement for the issuance
of the surface water control and/or erosion and sediment control
permit(s) when such plans are submitted as part of an
I application for compliance with the Flood Damage prevention Law,
Freshwater Wetlands and Water Courses permit, Site Flan Approval
permit or Tree preservation permit provided that the Building
Department shall not issue a building permit or a subsequent
certificate of occupancy until approval, thereof has been
received from both the Town Engineer and the Building Inspector.
Section - 07. ACTIVITIES NOT REQUIRD,JG PST.
For the purpose of this chapter, a surface water and/or erosion and
sediment control permit(s) shall not be required for the following ;
activities
A. Routine lawn and landscaping maintenance of existing I
cultivated areas.
B. Existing nursery and agricultural operations conducted as a
permitted use.
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C. Grading of land in a uniform manner, provided the existing
flow of surface water at the property lines is not altered and,
upon completion of the grading, the exposed surfaces are
permanently stabilized with vegetation.
D. Alteration of the interior of a building and alteration of
the exterior of a building, provided that such exterior
alteration does not increase land coverage ag by the building or
Pavement or the alteration does not involve the demolition of a
part or all of the exterior of an existing building.
E. Any accessory structure of 100 square feet or less and/or any
deck.
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October 21, 1992
F. Any emergency activity which is inuEediately necessary for the
Protection of life, property or natural resources, as determined
by the Town Engineer.
section - o8. -SURFACE WATER COMML PERMIT GUIDEL mEs FoR
MiGINEER,'s DETERMUaTION.
A. The Town Engineer or his representative shall not approve the
issuance of a surface water control permit or authorize the
release of a performance bond, or, when a waiver of the
requirements for-the issuance of a separate surface water
control permit has been granted as herein provided, authorize
the issuance of a building permit or certificate of occupancy,
except in accordance with the following requirements, and shall
visit the site to observe the progress of the work and
immediately after completion to further ensure om pliance with
these requirements:
(1) A surface water control plan may at the
discretion of the Town Engineer be referred to the
Westchester county soil and Water conservation
District for their review and comwments, in
accordance with the Memorandum of Agreement between
the Town and the County. Any expense or fees caused
by the referral to District shall be the
responsibility of the applicant and will be in
addition to any other fee items in this Law.
(2) surface water control plans shall reduce the
rate of runoff from land development to prevent
increases in flooding and flood damage except as
described in section 08 A. (6) (e), (f) or (g).
surface water control plans shall also reduce
erosion potential, assure the adequacy of existing
and proposed culverts and bridges, increase water
recharge into the ground, decrease nonpoint source
Pollution and water quality degradation, maintain
stream channels for their biological functions as
well as for drainage through reduced streambank
erosion, and maximize preservation and protection of
stream corridors, floodplains, and wetlands.
(3) The natural drainage features of the site,
including natural drainageways and permanent and
Periodic ponding areas, shall be preserved, except
for those reasonable: alterations deemed necessary by
the Town Engineer to allow for the development of
the site in accordance with the provisions of the
Building Code and/or zoning ordinance.
(9) surface water control improvements shall be
constricted so as not to discharge waters onto
adjoining property or public ways in such a manner
as to impair the permitted use or development of
those properties or be detrimental to public
safety.
(5) Tarporary surface water and soil erosion and
sediment control facilities, such as stream
diversions, ponds, silt fences, hay bales and check
dams, adequate to protect adjacent property, shall
be installed prior to the co mencement of
construction, grading, excavation or removal of
vegetation.
(6) The applicant shall be required by the Town
I, Engineer to offset the increase in the rate of
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October 21, 1992
surface water runoff resulting from the proposed
{ development in accordance with the following requirements:
(a) Sites of four (4) acres or more, or sites with a
proposed net increase in impervious surfaces of 75% or
more shall provide for a 100-year stoYmwater detention
facility or facilities designed using those methods
contained in "Urban Hydrology for Small Watersheds-
Technical Release No. 5511. The Town Engineer may
Modify or waive this 100--year detention requirement
after consultation with the Westchester County Soil
and Water conservation District.
(b) Sites of less than four (4) acres, or sites with a
proposed net increase in impervious surfaces of less
than 75% shall, provide for a 25-year stormwater
detention storage facility or facilities designed
using those methods contained in "Urban Hydrology for
Small. Watersheds- Technical Release No. 55". The Town
Engineer may modify or waive this 25-year detention.
requirement after consultation with the Westchester
County Soil and Water Conservation District.
(c) Rainfall, depth in 24 hours used in calculating
required stormwater detention facilities shall be as
indicated in the Westchester County Best Management
Practices Manual for Storwater Runoff control. In
each case, a Type III distribution shall be used.
(d) Detention facility maxim m discharge rates for
preconstruction conditions for the 100-year storm and
the 25-year storm shall be as follows:
[1] 100-year storm:
100-, 50--, 25-, 10-, and 2-year storms.
12] 25-year storm:
25-, 10-, 5-, and 2-year storms.
.(e) When the Town Engineer finds that the increase
cannot be offset by on-site retention, he may permit
the increment of the increase which cannot be retained
to be carried away by the land's natural drainage,
provided that the increased rate and quantity of flow
will not impair the permitted use or development of
those lands over which such water will naturally flow
nor impress undue economic hardship upon any
downstream owner of such other lands.
(f) When' the Town Engineer finds that the increase
cannot be offset by on-site retention or as provided
for in Subsection A(6) (e) above, he may permit that
increment of the increase that cannot be so controlled
to be discharged into a Town surface water control
facility, provided that he has determined that the
Town facility has sufficient capacity.
(9) The Town Engineer may waive or reduce the
requirements of this section if it is determined by
him that existing storm drains or storm drains
proposed to be constructed are of adequate size, and
will discharge surface water runoff directly to Long
Island Sound or any large inlet or harbor thereof.
However, no storm water shall be discharged off-site
in a manner which will allow such storm water to reach
surface waters unless the quality is improved or equal
to predevelopment conditions.
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OctOber 21, 1992
(h) In the event that the Town Engineer exercises his
Option to waive any requirement or permit as set forth
an (b) (a), (b), (e), (f) and (g), he shall he
required to submit supporting calculations and
engineering data to substantiate the findings on which
this waiver or permission is predicated.
B. If the Town Engineer determines that the surface water
control facilities which can be provided its accordance with the
Provisions of this section will not provide for the control of
the increase in the rate and quantity of flow of surface water
runoff resulting from the proposed development, he shall
disapprove the application unless the applicant has, within
thirty (30) days of being advised of the Town Engineerts
determination, modified the development proposal so that the
increase in the surface water runoff will not exceed the
capacity of the permissible surface water control facilities,
nor will impair use of, or do damage to, any downstream
property. such modification by the applicant shall be deemed a
modification under section 12 A 2.
C. If the Town Engineer determines that the proposed methods of
controlling surface water are not provided in accordance with
this section, he shall disapprove the application unless the
applicant has, within thirty (30) days of being advised of the
Town Engineer's determination, modified the development proposal
so that the requirements of this section are satisfied. Such
submittal shall be considered modifications under Section 12
A.2.
Section -- 09. EROSION AMID SEDIMENT.CONPROL PERMIT GUIDELINES
FOR ENGINEER'S DPrERMINATION.
A. The Town Engineer shall not approve the issuance of an
( erosion and sediment control permit or authorize the release of
a performance bond, or, when a waiver of the requirement for the
issuance of a separate erosion and sediment control permit has
been granted as herein provided, authorize the issuance of a
building permit or certificate of occupancy, except in
accordance with the following requirements, and shall visit the
site to observe the progress of work and immediately after
completion to further ensure compliance with these minimum
requirements:
(1) An erosion and sediment control plan may at the
discretion of the Town Engineer be referred to the
Westchester County soil and Water Conservation District for
their review and comments, in accordance with the
Memorandum Of Agreement between the Town and the County.
Any expense or fees caused by the referral to District
shall be the responsibility of the applicant and will be in
addition to any other fee items in this Law.
(2) Development shall reflect the topography and soils of
the site so as to create the least potential for erosion.
Areas of steep slope where high cuts and fills may be
required shall be avoided wherever possible, and natural
contours shall be followed as closely as possible.
Clearing or grading shall generally not occur on slopes in
excess of 25a.
In the design of cut and fill slopes, consideration must be
given to the length and steepness of the slope, the soil
type, upslope drainage area, groundwater conditions, and
other applicable factors. Slopes which are found to be
eroding excessively must be provided with additional
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measures until the problem is corrected. Falls shall not
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October 21, 1992
encroach on areas designated as control areas under the
�. Town's Freshwater Wetlands and Water Courses Law, or the
State's Freshwater or Tidal Wetlands Laws, or designated as
Critical Environmental Areas and/or Significant Fish and
Wildlife Habitat under the Town's Environmental Quality
Review Law, unless undertaken under an appropriate permit
issued under such regulations.
Development shall preserve salient natural features, keep
out and fill operations to a minimum and ensure conformity
with topography so as to create the least erosion potential
based upon the Westchester County Best Management practices
Manuals. Aesthetics and the requirements of continuing
maintenance shall be considered.
(3) Natural vegetation and trees shall be retained and
protected wherever possible. The applicant shall be guided
by the requirements of the Best Management Practices
Manuals and the Town Tree Ccawdssion. In the event of a
conflict, the most stringent regulations shall apply.
Disturbed soils shall be stabilized as soon as practicable
and in any event within the time specified in the permit.
Properties adjacent to the site of land disturbance shall
be protected from sediment deposition. Specific timing for
stabilization of denuded areas and soil stockpiles,
sediment trapping measures and waterways and outlets shall
be as follows:
(a) stabilization of Denuded Areas and soil stockpiles.
Adequate barriers to prevent erosion/siltation shall
be applied at the end of each day. Permanent or
temporary soil stabilization mast be applied to
denuded areas within two (2) days after final grade is
reached on any portion of the site. soil
stabilization must also be applied within two (2) days
to denuded areas which may not be at final grade but
may remain dormant (undisturbed) for longer than two
(2) weeks.
Soil stabilization refers to measures which protect
soil from the erosive forces of raindrop impact and
flowing water and high wind. Applicable practices
include vegetative establishment, mulching, covering
and the early application of gravel base on areas to
be paved.
(b) Timing and Stabilization of Sediment Trapping
Measures
Sediment basins and traps, perimeter dikes, sediment
barriers and other measures intended to trap sediment
on-site must be constructed as a first step in grading
and must be made functional before upslope land
disturbance takes place. Earthen structures such as
dams, dikes, and diversions must be seeded and mulched
within two (2) days of installation and prior to any
first step in the disturbance of upslope land, Which
ever comes first.
(c) stabilization of Waterways and outlets
All on-site stormwater conveyance channels shall be
designed and constructed to withstand the expected
velocity of flow from a 10-year frequency storm
without erosion. ' Stabilization adequate to prevent
erosion must also be provided at the outlets of all
pipes and paved channels.
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October 21, 1992
(4) All storm drain inlets operable during construction
shall be protected so that sediment-laden water will not
enter the conveyance system without first being filtered or
otherwise treated to remove sediment.
(S) Temporary vegetation and/or mulching shall be used to
protect exposed land areas during development. The
applicant shall restore vegetative cover in disturbed areas
as directed by the Town Engineer. The permanent (final)
vegetation and erosion control measures shall both be
installed within the time specified in the pexmit and in
accordance with the WCBMpM. Permanent vegetation shall not
be considered established until a ground cover is achieved
which, in the opinion of the Town Engineer, is mature
enough to control soil erosion satisfactorily and to
survive severe weather conditions.
(b) Until a disturbed area is stabilized, sediment in the
runoff water shall be trapped by the use of debris basins,
sediment basins, silt traps or similar measures, or as more
specifically may be determined by the Town Engineer in
accordance with the WC MpM.
(7) Provisions shall be made to prevent surface water frc m
damaging the out face of excavations or the sloping
surfaces of fills.
(8) All fills shall be compacted to provide stability of
material and to prevent undesirable settlement in
accordance with the Wcmmp t.
(9) Fills shall not encroach on natural watercourses or
constructed channels, without proper walls or sheet piling
provided that such walls or sheet piling do not result in
an unacceptable increase in the elevation of the loo-year
I flood as described in the 'Town Flood Damage prevention
Code.
(10) Fills placed adjacent to or having an impact upon
natural watercourses, constructed channels or floodplain
shall have suitable protection against erosion during
periods of flooding, as determined by the Town Engineer.
(11) Stripping of vegetation, regrading or other land
disturbing activity shall be done in such a way as to
minimize erosion and dust. Appropriate measures for dust
control shall be exercised in accordance with the wCBMPM.
(12) Construction vehicles shall be kept out of
watercourses to the greatest extent possible. Where
in-channel work is necessary, precautions must be taken,
including the use of rubber wheeled vehicles and geofabric,
to stabilize the work area during construction to minimize
erosion. The channel (including bed and banks) must be
restabilized immediately after in-channel work is empleted
in accordance with the WCBMPM. Where a watercourse must be
crossed by construction vehicles regularly during
construction, a temporary stream crossing must be provided
in accordance with the WCBMpH.
(13) Where no acceptable paved access exists for
construction vehicles to enter the site, a stabilized
construction entrance shall be created. This shall consist
of an area 10, x 40, in size, to be paved with V of 1a"
gravel or crushed stone. This construction entrance shall
be placed at an area acceptable to the Town Engineer and
shall be shown on the plans filed with the Building and
Engineering Department.
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October 21, 1992
(19) All temporary erosion and sediment control measures
shall be disposed of within 30 days after final site
stabilization is achieved or after the temporary measures
are no longer needed, unless otherwise authorized by the
Building Inspector. Trapped sediment and other disturbed
soil areas resulting from the disposition of temporary
measures shall be removed from the site and disposed of in
accordance with pertinent regulations or permanently
stabilized to prevent further erosion and sedimentation.
(15) The construction of underground utility lines
involving installation, maintenance or repair which
disturbs more than 10,000 square feet shall be subject to
the following criteria- '
(a) No more.than 300 feet of trench are to be opened
at one time unless approval to open a greater length
is granted by the Town Engineer.
(b) where consistent with safety and space
considerations, excavated material is to be placed on
the uphill side of trenches.
(c) Trench dewatering devices shall discharge in a
manner which will not adversely affect flowing
streams, drainage systems, ox off-site property.
B. If the Town Engineer determines that the proposed method of
controlling erosion and sedimentation are not provided in
accordance with this section, he shall disapprove the
application unless the applicant has, within thirty (30) days of
being advised of the Town Engineer's determination, modified the
development proposal so that the requirements of this section
are satisfied. Such submittal shall be considered modifications
under Section 12 A (2).
C. A copy of the approved erosion and sediment control plan
shall be on file in the Building and Engineering Department and
shall be maintained on site at all times for the duration of the
project and available to the 'Town Engineer and/or Building
Inspector on request.
Section -- olo. CONPENTS OF SURFACE WATER CONTROL AND EROSION AND
SEDIMENT CONTROL PLANS.
The following information shall be shown on surface water control
and erosion and sediment control plans unless otherwise noted:
A. The name of the development or identifying title. The name,
address, and telephone number of the owner and/or developer of
the site, and the consulting firm retained by the applicant for
Preparation of this plan. If the applicant is a corporation, it
must list the name, home address and telephone number of at
least two officers of the applicant.
B. The date, approximate true North point and minimum graphic
scale of one (1) inch equals fifty (50) feet.
C. The proposed site layout including the boundary line and
acreage for the site and existing zoning. A vicinity map that
specifies State and local wetlands. The location of existing
buildings, structures, utilities, water bodies, floodplain,
drainage facilities, vegetative cover, paved areas, watershed
divides and other significant natural or man-made features on
the site and adjacent land within 250 (two-hundred and fifty)
feet of the boundary.
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October 21, 3992
(1) For a surface water control plan, a schematic layout of
the proposed methods of controlling surface water runoff.
(2) For an erosion and sediment control plan, a schematic
layout of the proposed methods of providing for erosion and
sediment control consistent with Best Management Practices,
including, but not limited to, seedling mixtures and rates,
types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer
application, and kind, quality and quantity of mulching for
both temporary and permanent negative control measures.
D. Existing and proposed contours of the site and adjacent land
within approximately 250 (two hundred and fifty) feet of the
boundaries drawn at no greater than two-foot-contour intervals
and critical spot elevations.
E. For a surface water control plan, surface water control
calculations Using TR-55, TR-20 or the National Method, or other
method approved by the Town Engineer, unless superseded by a
comprehensive local watershed and/or storm water model and plan.
F. Base flood elevation data using National Geodetic Vertical
Datum.
G. Construction schedule showing the sequencing of the
installation of the required surface water control improvements,
erosion and sediment control devices and other site construction
activities, which shall be supplemented as directed by the Town
Engineer to show required inspections and site inspections
required to be done by the permittee or his agent per Section 14
C.
H. Signature Block language including seal of licensed New York
professional engineer, certification of erosion control
specialist or person(s) with demonstrable educational and
experiential qualifications in the field. "
I. For an erosion and sediment control plan;
(1) Existing tree lines, grassy areas or unique vegetation.
(2) Identification and boundaries of the different soil
types existing on-the site.
(3) The dividing lines and direction of flow for different
drainage areas.
(4) Areas with potentially significant erosion problems.
(5) Areas which are to be cleared and graded or used for
storage.
(6) Any structural practices used that are not referenced
to the Best Management Practices Manuals shall be explained
and illustrated with detail drawings.
Section - 11. CASH BOND AND MM MAnMMNCE REQUIRMMS.
A.. A cash bond shall be posted with the Town of Mamaroneck by
the applicant prior to the issuance of a permit, in an amount
equal to seventy-five percent (75e) of the anticipated cost of
the work covered by the permit, however, not less than five
thousand dollars ($5,000). The bond shall be released, one year
after completion of the"work permitted by said permit, provided
I that such work is found to be in accordance with the provisions
of the permit and Such other ordinances as may apply and is
completed to the satisfaction of the Town Engineer.
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October 21, 1992
f B. By acceptance of the permit, the owners of the property, A
their heirs, successors and assignees shall be responsible for
the future maintenance, repair and replacement of all required
surface water, erosion and sediment control facilities to the
satisfaction of the Town Engineer.
C. Slopes which are found to be eroding excessively within one
year of completion of all work must be provided with additional
stabilizing measures until the problem is corrected. Control of
excessive erosion after one year of completion of all work will
require monitoring and extension of the bond for an additional
six-month period. If.erosion continues, the Town will take such
measures as necessary to achieve stabilization and charge the
owners of the property, their heirs, successors and assignees.
Section - 12. FEES.
A. Upon the filing of an application for a surface water and/or
erosion and sediment control permit, the following fees shall be
payable except that no fee shall be required when the separate
Permit requirement has been waived by the Town Engineer in
accordance with section 06 E.
(1) Filing fee: Fifty dollars ($50) for improved single
family parcels, one hundred dollars ($100) for all other
residential applications and two hundred and fifty dollars
($250) for all commercial applications.
(2) Fee for Applicant Requested Modification: Fifty dollars
($50) for each modification, provided that no work has
COM"enced. If work pursuant to the permit has commenced,
the modification fee will be one hundred dollars ($100) per
f modification.
(3) The minimum inspection fee for an improved single
family parcel will be one hundred dollars ($1o0), one
hundred and fifty dollars ($150) for all other residential
applications and two hundred and-fifty dollars ($250) for
all ec"Clerciai applications. In the event that the
anticipated cost of the work covered by the permit exceeds
$5,000, there shall be, in addition to the minimum fee, an
additional fee of six percent (6a) of the anticipated cost
that exceeds $5,000. This six percent (6%) is not part of
the engineering fee for site plan approval.
(4) If work is commenced prior to the permit being issued,
all fees for the project will be doubled.
B. In the event that an application for the surface water and/or
erosion and sediment control permit is not approved, the
applicant shall not be entitled to a refund of any filing or
modification fee(s). Inspection fees may be refunded if no work
has commenced.
Section -- 13. PFNAIrl'IES FOR OFFENSES, OTHER REMEDIES.
A. No certificate of occupancy shall be issued for any structure
covered by this chapter unless the terms and conditions of this
chapter have been complied with to the satisfaction of the Town
Engineer.
B. Violations.
violation of the terms and eoonditio of any surface water
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October 21, 1992
and/or erosion control permit issued pursuant to this I
chapter, written notification of such violation shall be
( given to the permit holder by posting a copy at the site of
the development and by mailing a copy by mail to the permit
holders last known address.
(2) All such notifications of violations shall contain the
time, place and nature of the violation, the time within
which the violation must be corrected, a statement that the
permit will be suspended or revoked if the permit holder
fails to Correct the violation(s), a statement that the
permit holder may ask for a hearing before the Town
Planning Board if the permit is;suspended or revoked and an
explanation of the possible penalties.
(3) If the permit holder appeals the decision of the Town
Engineer to the Planning Board and requests a hearing on
the suspension or, revocation of his permit, the Planning
Board upon receipt of an appeal, shall schedule and hold a
public hearing within a reasonable period of time, but not
more than sixty (60) days. At least ten (10) days/ notice
of the time and place of such hearing shall be published in
the official Town newspaper. The Planning Board shall
render a decision within thirty (30) days after the
hearing.
Factors to be considered on review shall include, but not
be limited to, the effects of the proposed development
activities on the surface water flow to tributaries and
downstream lands, any comprehensive watershed management
plans, the use of any retention facilities, possible
saturation of fill and unsupported cuts by water- both
natural and work-related, runoff surface waters that
produce erosion and siltation of drainageways, the nature
and type of soil or rock which when disturbed by the
{ proposed development activities may create earth movement
and produce slopes that cannot be landscaped, and excessive
and unnecessary scarring of the natural landscape through
grading or removal of vegetation.
(4) if the permit holder fails to correct any violation of
the terms and conditions of the permit issued pursuant to
this chapter within the time period specified, or within
thirty (30) days if no time is specified, the Town Engineer
may cause the violation to be corrected. The cost thereof
shall be assessed against the land or property upon which
the violation occurred by the appropriate Town official.
Such amount shall be an assessment against the land or
property, it shall be levied against the land or property
in such manner as Town taxes are levied and it shall
constitute a lien upon the land or property affected, The
Town can use the posted bond to satisfy such an assessment
.or lien, and the permit holder will remain liable for any
amount not satisfied by the bond.
(5) If the owner of the property for which a permit was
issued pursuant to this chapter shall fail to maintain,
repair or replace a required surface water control
improvement within the time specified by the 'sown Engineer,
after notice as in Section XXX-13 B (1) and (2), but not
more than thirty (30) days, the Town Engineer may cause the
maintenance, repair or replacement to be undertaken. . The
cost thereof shall be assessed against the land or
property: Such amount shall be an assessment against the
land or property, it shall be levied against the land or
property in such manner as taxes are levied and it shall
constitute a lien upon the land or property affected.
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October 21, 1992
C. If at any stage of the grading of any development site, the
Town Engineer determines by inspection that the nature of the
site is such that further work authorized by an existing permit
is likely to imperil any property, public way, watercourse, or
drainage structure, it may be required, as a condition of
allowing the work to be done, that such reasonable special
precautions be taken as are considered advisable to avoid the
likelihood of such peril. "Special precautions" may include,
but shall not be limited to, a more level exposed slope,
construction of additional drainage facilities, berms,
terracing, compaction, or cribbing, installation of plant
materials for erosion control, and recommendations of a licensed
New York professional engineer, certified erosion control
specialist.or person with demonstrable educational and
experiential qualifications in the field, which may be made
requirements for further work.
D. The Town Engineer shall have the authority to summarily
suspend and/or revoke a permit if there has been a violation of
or deviation from the plan or if there appears to be
unanticipated damage to the site or the surrounding area, and if
in the Town Engineers opinion the immediate protection of the
public health, safety and general welfare demands such summary
action. The permit holder shall be entitled to a hearing by the
Town planning Board with notice as provided in Section M-13 B,
as soon after such summary action as is practicable, but in no
event later than sixty (60) days thereafter.
E. Any person who violates any of the provisions of this chapter
and who has continued the conduct giving rise to such violation
after the written notification pursuant to section IM--13 B
herein, shall be liable for a civil penalty of not more than
twenty-five hundred dollars (,$2,500) for the first day and an
-� additional penalty of two thousand dollars ($2,000) for each
additional day during which such violation continues, and shall
also be liable for all costs, including the value of the time of
Town employees, incurred by the Town in prosecuting and
collecting any penalty,
P. The Town of Mamaroneck may maintain an action or proceeding
in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any provision of
this chapter or the terms and conditions of any permit granted
hereunder.
G. Every surface water and/or erosion and sediment control
permit shall expire and become null and void if the work
authorized by such permit has not begun within ninety (90) days,
or is not completed within one hundred eighty (180) days, except
that the Town Engineer may, if the permittee presents
satisfactory evidence that unusual difficulties have prevented
the start of work or completion of same within the specified
time limits, grant a reasonable extension of time if written
application is made before the expiration date of the permit,
section - 14. COMPLIANCE
A. The Town Engineer shall make inspections as hereinafter
required and shall either approve that portion of the work
completed or shall notify the permittee wherein the work fails
to comply with the surface water and/or erosion and sediment
control plan as approved. Plans for grading, stripping,
excavating, and filling work bearing the approval of the Town
Engineer shall be maintained at the site during progress of the
work. The permittee shall notify the Building and Engineering
Department at least five (5) working days prior to starting the
work allowed under the permit. In order to obtain required
inspections, the permittee shall notify the Town Engineer at
least two (2) working days before the completion of each of the
following:
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October 21, 1942
1. Placement of erosion control measures or devices.
j 2. stripping and clearing.
9. Rough grading.
4. Final grading.
5. Final landscaping,
6. Final inspection.
B. If stripping, clearing, grading, and/or landscaping are to be
done in phases or areas, the permittee shall give notice and
.request inspection at the completion of each of the above work
Phases or areas. If an inspection is not made and notification
of the results given within five (5) business days after notice
is received by the Town from the permittee, the permittee may
continue work at his own risk, without presuming acceptance by
the municipality.
C. The permittee or his agent shall make regular inspections of
all control measures in accordance with the inspection schedule
outlined on the approved erosion and.sediment control plan. The
purpose of such inspections will be to determine the condition
and need for replacesunt or repair of in--place control
measures. All inspections shall be documented in written form
and submitted to the Town Engineer at the time interval
specified in the approved permit.
Section - 15. RIGHT OF ENMY.
The Town Engineer may enter upon any land or water for the purpose
of making any investigation, inspection, survey or other activity
that they may deem necessary for any of the purposes of this
chapter. If the owner of the property does not consent to such
{ inspection entry, the appropriate Town Official is empowered to
apply to the Town court for an Administrative Search Warrant,
Permitting such inspection.
Section -- 16. CONFLICTS WITH OTHER ORBS; SEVERABILITY.
A. Conflicts. Wherever this chapter is inconsistent with any
other ordinance of the Town of Mamaroneck whichever imposes the
more stringent restrictions shall prevail.
B. Severability. The provisions of this action shall be
severable, and if any clause, sentence, paragraph, subdivision
or part of this chapter shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph,
subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
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iPROCIAMATION - League of Women Voters
The Supervisor said that before proceeding with the next public
hearing, she would like to present a proclamation to the League of
Women Voters. She then introduced the President of the Larchmont
League of Women Voters, Anne McAndrews and read the following
Proclamation:
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