[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-9-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
GENERAL REFERENCES140a Schedule A
Flood damage prevention — See Ch. 87.
Zoning — See Ch. 167.
Construction standards for subdivisions and site plans — See Ch. A172.
Subdivision of land — See Ch. A176.
This chapter shall be cited and may be referred to hereinafter as the "Soil Erosion and Sediment Control Law of the Town of Haverstraw."
It is the intention of the Town Board of the Town of Haverstraw by the adoption of this chapter to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community, in conjunction with those matters which are required to be submitted to the Town Planning Board.
For the purposes of this chapter, certain rules of word usage apply to the text as follows:
Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
A word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
- A person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
- CONSERVATION PLAN
- A plan which provides for use of land, within its capabilities and treatment, within practical limits, according to chosen use to prevent further deterioration of soil and water resources.
- CRITICAL AREA
- A sediment-producing highly erodible or severely eroded area.
- Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan which fully indicates the necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation.
- EXCAVATION or CUT
- Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
- Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the town.
- LAND DISTURBANCE
- Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
- The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place and aid in establishing plant cover.
- A certificate issued to perform work under this chapter.
- Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
- SEDIMENT BASIN
- A barrier or dam built at suitable locations to retain rock, sand, gravel, silt or other material.
- Any plot, parcel or parcels of land.
- All unconsolidated mineral and organic material of any origin.
- Any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
In conjunction with any required subdivision or site development plan, no land area shall be disturbed by any person, partnership, corporation, public utility or other entity within this municipality unless the applicant has submitted for review by the Town of Haverstraw Engineering Department a plan to provide for soil erosion and sediment control for such land area in accordance with the New York Guidelines for Urban Erosion and Sediment Control, and unless such plan has been approved by the Engineering Department and a valid land disturbance permit has been issued by the Engineering Department, except as exempted by § 140-10.
The applicant shall submit to the Secretary of the Planning Board a separate soil erosion and sediment control plan for each noncontiguous site at the time of application for subdivision approval or site development plan approval. Such plan shall contain:
The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics.
The location and description of proposed changes to the site.
Measures for soil erosion and sediment control which must meet or exceed the New York Guidelines for Urban Erosion and Sediment Control, which shall be on file at the office of the Town Engineering Department.
A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.
All proposed revisions of data required shall be submitted for approval.
Soil erosion and sediment control plans shall be reviewed by the Town Engineering Department and approved when in conformance with the New York Guidelines for Urban Erosion and Sediment Control.
The Town Engineering Department may seek the assistance of the Town Planning Board and/or the Rockland County Planning Department in the review of such plans.
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
Whenever feasible, natural vegetation shall be retained and protected.
The extent of the disturbed areas and the duration of its exposure shall be kept within practical limits.
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance. Such provisions shall be in addition to all existing requirements.
Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.
Sediment shall be retained on site.
Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained after completion of the project until such measures are permanently stabilized as determined by the Town Engineering Department. The Town Engineering Department shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed.
Where the permitted soil disturbance is done in conjunction with an activity requiring a building permit and the restoration and stabilization are satisfactorily completed prior to issuance of a certificate of occupancy, a bond will not be required. Where the soil disturbance is not done in conjunction with a building permit, a cash bond shall be deposited with the town prior to issuance of a soil disturbance permit in an amount determined by the Town Engineering office to be sufficient to allow the town to perform the erosion control work and/or cleanup work in the event of default of the permittee. Said bond shall include written permission to the town or its agents or contractors to enter upon the permittee's land to perform the work and to use the bond money to pay for any corrective measures taken, including off-site cleanup or repairs. Where a cash bond would be inappropriately large, the Town Engineering Department may, at its discretion, and subject to the approval of the Town Attorney, allow an alternative form of security to be offered. The bond or remaining balance of bond shall be returned to the permittee upon application to and subsequent approval by the Town Engineering Department.
The following activities are specifically exempted from this chapter:
Use of land for gardening primarily for home consumption.
Agricultural use of lands when operated in accordance with a farm conservation plan approved by the Town Engineering Department.
Any other activity on land not requiring a subdivision or site development plan, in accordance with the town's land use regulations.
The requirements of this chapter shall be enforced by the Building Inspector, based upon the written recommendations of the Town Engineering Department, which shall also inspect or require adequate inspection of the work. If the Town Engineering Department finds existing conditions not as stated in the applicant's erosion and sediment control plan, the Town Engineer may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties through the office of the Building Inspector, as provided in § 140-14.
Appeals from decisions under this chapter may be made to the Town Zoning Board of Appeals in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Town Zoning Board of Appeals within 30 days from the date of appeal.
Each soil erosion and sediment control plan shall be accompanied by a separate review fee payable to the Town of Haverstraw in accordance with Schedule A, which is made a part of this chapter.
Any person violating any section or provision of this chapter shall be guilty of a violation, as defined in the Revised Code of the Town of Haverstraw and shall be punished according to the provisions thereunder. In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct violation.
In addition, where construction subject to a building permit is involved, the Building Inspector shall, at the recommendation of the Town Engineering Department, issue an order to stop all work on the project or revoke the building permit, as may be necessary or appropriate to the situation.