[HISTORY: Adopted by the Town Board of the Town of Haverstraw 3-9-1998
by L.L. No. 3-1998. Amendments noted where applicable.]
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.
A.
For the purposes of this chapter, certain rules of word
usage apply to the text as follows:
(1)
Words used in the present tense include the future tense
and the singular includes the plural, unless the context clearly indicates
the contrary.
(2)
The term "shall" is always mandatory and not discretionary;
the word "may" is permissive.
(3)
A word or term not interpreted or defined by this section
shall be used with a meaning of common or standard utilization.
B.
APPLICANT
CONSERVATION PLAN
CRITICAL AREA
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION or CUT
LAND
LAND DISTURBANCE
MULCHING
PERMIT
SEDIMENT
SEDIMENT BASIN
SITE
SOIL
STRIPPING
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.
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.
A sediment-producing highly erodible or severely eroded area.
Detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
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.
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.
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.
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:
A.
The location and description of existing natural and
man-made features on and surrounding the site, including general topography
and soil characteristics.
B.
The location and description of proposed changes to the
site.
C.
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.
D.
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.
E.
All proposed revisions of data required shall be submitted
for approval.
A.
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.
B.
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:
A.
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
B.
Whenever feasible, natural vegetation shall be retained
and protected.
C.
The extent of the disturbed areas and the duration of
its exposure shall be kept within practical limits.
D.
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas during
construction or other land disturbance.
E.
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.
F.
Water runoff shall be minimized and retained on site
wherever possible to facilitate groundwater recharge.
G.
Sediment shall be retained on site.
H.
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:
A.
Use of land for gardening primarily for home consumption.
B.
Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the Town Engineering Department.
C.
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.[1]
[1]
Editor's Note: Schedule A has been included at the end of this chapter.
A.
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.
B.
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.