It is suggested that the applicant consult the
Town of Wappinger Development Plan regarding its effect upon the tract
to be developed and the area surrounding it before he submits a preliminary
plat for review. He should also become acquainted with the Zoning
Ordinance[1] erosion and sediment control standards and specifications,
this chapter and other ordinances which regulate the development of
land in the town.
[Amended 3-18-1985]
No site plan or plat shall be approved unless
it includes soil erosion and sediment control measures in accordance
with the standards and specifications of the Town of Wappinger. No
approval for a certificate of occupancy for any building will be granted
unless all needed erosion control measures have been completed or
substantially provided for in accordance with this chapter and the
standards and specifications of the Town of Wappinger. The applicant
shall bear the final responsibility for the installation, construction
and maintenance of all required erosion control measures according
to the provisions of this chapter and to the standards and specifications
of the Town of Wappinger. For this section, "plat" shall mean any
subdivision plan which will require internal street(s), man-made drainage
systems, extensive regrading, underground utilities and/or other improvements.
[Added 3-18-1985]
Prior to issuance of a building permit for one
or more lots within an approved subdivision, the applicant shall include
erosion control measures either on an overall plan or on individual
plot plans, at the discretion of the Zoning Administrator. The requirements
of this section may be waived if, in the discretion of the Zoning
Administrator and Engineer to the town, there is no reasonable erosion
hazard.
The applicant must submit the following information
for the entire tract of land, whether or not the tract will be developed
in stages:
A.
A boundary line survey of the site on which the work
is to be performed.
B.
Description of the features, existing and proposed,
surrounding the site of importance to the proposed development.
C.
Description of general topographic and general soil
conditions and contours on the site (available from the Dutchess County
Soil Conservation District).
D.
Location and description of existing and future man-made
features of importance to the proposed development.
E.
Plans and specifications of soil erosion and sedimentation
control measures, in accordance with standards and specifications
of the Town of Wappinger, at a reasonable scale, preferably one inch
equals 50 feet.
[Amended 3-18-1985]
F.
A reasonable timing schedule indicating the anticipated
starting and completion dates of the development sequence and the
time of exposure of each area prior to the completion of effective
erosion and sediment control measures.
[Amended 3-18-1985; 6-9-2004 by L.L. No. 8-2004; 1-23-2012 by L.L. No.
3-2012; 1-28-2013 by L.L. No. 3-2013]
A.
Requirement. Except as exempted by Subsection B of this section, no property owner or his/her agent shall undertake any of the following grading, stripping, cutting, filling, excavating or other site preparation activities unless the Zoning Administrator has issued a grading permit as hereinafter provided:
(1)
Site preparation in excess of 400 square feet on slopes which exceed
one foot of vertical rise to four feet of horizontal distance or in
areas known to be subject to severe erosion.
(2)
Grading, stripping, cutting, filling or excavation which affects
more than two feet in depth over an area of 400 square feet or more,
or which affects 30 cubic yards of material, within any parcel.
(3)
Excavation for any in-ground swimming pool or grading for an aboveground
pool on slopes which exceed one foot of vertical rise to four feet
of horizontal distance or in areas known to be subject to severe erosion.
B.
Exemptions. No grading permit shall be required under the following
circumstances in connection with the following activities:
(1)
When a plot plan for the construction of a proposed one- or two-family
dwelling has been approved by the Zoning Administrator.
(4)
When a floodplain development permit has been issued in accordance with Chapter 133 of this Code.
(6)
Farm operations, as defined in the New York State Agriculture and
Markets Law, when conducted in an agricultural district, unless the
proposed grading for the farm operation has the potential to result
in substantial off-site impact.
(7)
Governmental activities.
C.
Application. A separate application shall be required for each grading
permit. Plans, specifications and timing schedules shall be submitted
with each application for a grading permit. The plans shall be prepared
or approved and signed by a professional engineer, surveyor or architect
at a scale acceptable to the Zoning Administrator and shall be reviewed
and approved or disapproved by the Engineer to the Town. The Zoning
Administrator may waive the preparation or approval and signature
by the applicant's professional engineer, surveyor or architect
when the work entails no reasonable hazard to the adjacent property.
D.
Prohibition. With respect to vacant residentially zoned lots over
one acre in size, and with respect to all vacant commercially zoned
property, no grading, stripping, cutting, filling or excavation shall
take place without plot plan or site plan approval, as applicable.
