Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Monroe 10-1-2001 by L.L. No. 4-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 27B
Subdivision of land regulations — See Ch. A65.

§ 44-1 Legislative findings.

A. 
The Town Board of the Town of Monroe does hereby make the following findings with regard to the enactment of this chapter:
(1) 
The Town Board finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety, and welfare of the community. Specifically, stormwater runoff can carry pollutants into receiving water bodies, degrading water quality.
(2) 
The increase in nutrients in stormwater runoff, such as phosphorous and nitrogen, accelerates eutrophication of receiving waters.
(3) 
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation.
(4) 
Excavation of soil and construction requiring land clearing and the alteration of natural topography tends to increase erosion.
(5) 
Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation, and harms flora and fauna.
(6) 
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
(7) 
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.
(8) 
Substantial economic losses can result from these adverse impacts on community waters.
(9) 
Many future problems can be avoided if land is developed with sound stormwater management and erosion control practices.
(10) 
Stormwater detention and retention ponds, while essential to providing stormwater treatment and flow control, are often designed with little concern for their location, depth, size or appearance, with the result that such ponds often appear as unattractive "holes in the ground," thereby detracting from the overall aesthetics of the Town of Monroe.
[Added 9-27-2004 by L.L. No. 3-2004]
B. 
From these foregoing findings, it is the determination of the Town Board that in order to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare of the citizens of the town, this chapter has the following objectives:
(1) 
To enhance the quality of the waters of the Town of Monroe.
(2) 
To check the rate of and reverse the process of the eutrophication of the lakes and ponds of the Town of Monroe.
(3) 
To prevent increases in the magnitude and frequency of stormwater runoff so as to prevent an increase in flood flows and in the hazards and costs associated with flooding.
(4) 
To prevent decreases in groundwater recharge and stream base flow so as to maintain aquatic life, assimilative capacity and potential water supplies.
(5) 
To maintain the integrity of stream geometry so as to sustain the hydrologic functions of streams.
(6) 
To control erosion and sedimentation so as to prevent its deposition in streams and other receiving water bodies.
(7) 
To facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological functions of streams.
(8) 
To the extent practical, secure multiple community benefits such as groundwater replenishment, open space protection and increased recreational and economic opportunity through integrated land use/stormwater management planning.
(9) 
To require the location, sizing, appearance and maintenance of stormwater detention and retention ponds in a manner that ensures performance of their intended functions and allows their practical maintenance, while simultaneously requiring that such facilities blend into the landscape and are perceived to be attractive amenities to the community.
[Added 9-27-2004 by L.L. No. 3-2004]

§ 44-2 Legislative intent.

This chapter is intended to promote the public health and general welfare by ensuring that all site disturbance and construction activities shall be conducted according to appropriate management practices in order to avoid flooding and irreparable damage to local water resources and biological communities from stormwater runoff. All site preparation and construction activities requiring approval under this chapter shall be in conformance with the provisions set forth herein.

§ 44-3 Definitions.

Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
ADMINISTRATOR
The qualified individual designated from time to time by the Board of the Town of Monroe who shall implement and enforce the provisions of this chapter.
AQUATIC
Living in, on or near water.
[Added 9-27-2004 by L.L. No. 3-2004]
DEVELOPMENT
To make a site, lot, area of land or any portion thereof available for use by physical alteration. Development includes but is not limited to, providing access to a site, clearing or removal of vegetation, grading, excavation, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems and sewage disposal systems, altering land forms, creating impervious surfaces, or construction of a structure on the land.
DRY DETENTION POND
A structure constructed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates that is dry except for during storm events.
[Added 9-27-2004 by L.L. No. 3-2004]
DRY EXTENDED DETENTION POND
A stormwater design structure that provides for the gradual release of a volume of water over a 12- to 48-hour interval in order to increase settling of urban pollutants and protect downstream channels from frequent storm events that is dry except for during storm events.
[Added 9-27-2004 by L.L. No. 3-2004]
DRY WELL
Similar to an infiltration trench, but smaller with inflow from a pipe; commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftop runoff.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity, including such processes as gravitational creep.
EXCAVATION
Any act by which earth, sand, gravel, rock, coal or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the conditions resulting therefrom.
EXISTING OR NATURAL GRADE
The elevation of the existing ground surface above sea level prior to any excavating or filling.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location and shall include the conditions resulting therefrom.
FINISHED GRADE
The elevation of the ground surface above sea level after grading has been completed and the elevation coincides with the elevation called for in a plan of grading.
FLOODPLAIN
For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.
GRADING
An excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
GRADING PERMIT
Any permit required by this chapter.
IMPERVIOUS AREA
Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
PAVING
The application of such material as will produce a dust-free all-weather hard surface.
PERSON
A natural person or persons but shall also include a partnership or corporation and their heirs, successors and assigns.
PILOT CHANNEL
A channel for carrying low flows through a dry extended detention pond that prevents scour.
[Added 9-27-2004 by L.L. No. 3-2004]
PUBLIC IMPROVEMENT SECURITY AGREEMENT
A written agreement entered into between a developer and the Town which provides a schedule for the completion of public improvements required by the Planning Board as part of its approval and which provides for the deposit of a certain amount of cash with the Town in escrow to secure installation of the required public improvements or in order to permit the Town to adequately safeguard the project site in those instances where a developer has failed to make public improvements according to the schedule.
RETENTION POND
A basin that holds water without release except by means of evaporation, infiltration or emergency bypass.
[Added 9-27-2004 by L.L. No. 3-2004]
ROUGH GRADE
That state of grading which approximates the finished grade in a plan of grading.
SAFETY BENCH
A flat area above the permanent pool and surrounding a stormwater pond designed to provide a separation from the pond pool and adjacent slopes.
[Added 9-27-2004 by L.L. No. 3-2004]
SIDE SLOPE
The slope of the sides of a channel, darn, or embankment. It is customary to name the horizontal distance first, as "1.5 to 1," or frequently "1 1/2:1," meaning a horizontal distance of 1.5 feet to one foot vertical.
[Added 9-27-2004 by L.L. No. 3-2004]
SITE
A lot, tract or parcel of land or a series of lots, tracts or parcels of land, joined together, where grading work is continuous and performed at the same time.
SLOPE
That ratio formed by the horizontal over the vertical difference of position and where the vertical difference is usually expressed as one (e.g., 2/1, 3/1, etc.).
STREAM
A watercourse or body of water, either man-made or natural, whether perennial, ephemeral/intermittent or continual.
SWALE
A natural depression or wide shallow ditch used to temporarily route and/or filter runoff.
TERRESTRIAL
Living or growing on land; not aquatic.
[Added 9-27-2004 by L.L. No. 3-2004]
WATER QUALITY POND
A pond which provides removal of pollutants from runoff through biological activity in the pond. The pond may also provide flow attenuation.
[Added 9-27-2004 by L.L. No. 3-2004]
WET DETENTION POND
A structure constructed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates that has a permanent wet pool.
[Added 9-27-2004 by L.L. No. 3-2004]

§ 44-4 Applicability.

[Amended 9-27-2004 by L.L. No. 3-2004]
All grading, excavating or filling or changes, additions, repairs or alterations made to existing grading, excavating or filling shall conform to the provisions of this chapter. All stormwater management and erosion control plans shall comply with the provisions of this chapter. All stormwater treatment and control structures and facilities shall comply with the design criteria promulgated under authority of this chapter. The location, sizing and design of all stormwater detention and retention ponds shall comply with the provisions of this chapter and with the design criteria promulgated under authority of this chapter.

§ 44-5 Grading permits.

No person shall commence or perform any grading, excavating or filling without first having obtained a grading permit from the administrator. A separate grading permit shall be required for each site. One permit may cover both an excavation and any fill made on the same site. A grading permit will not be required, however, in the following situations, but in all other respects the provisions of this chapter shall apply:
A. 
An excavation which does not exceed five feet in vertical depth at its deepest point measured from the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 6,000 square feet and does not exceed 250 cubic yards. This exception shall not affect the applicability of this chapter to the requirement of a grading permit for any fill made with the material from such excavation, unless such fill is within the exception of Subsection B herein.
B. 
A fill which does not exceed five feet in vertical depth at its deepest point measured to the existing grade, if the grading does not cover an area of more than 20% of the site and does not exceed 6,000 square feet and does not exceed 250 cubic yards, provided that the surface of such fills does not have a slope at any point steeper than five horizontal to one vertical.
C. 
Mining activities regulated by the New York State Mined Land Reclamation Law.
D. 
Site work authorized by site plan or subdivision approvals granted by the Town of Monroe Planning Board.
E. 
Testing required as part of the permit review process required by a governmental agency provided that a soil erosion and sedimentation control plan, satisfactory to the administrator, is filed before such testing work is begun.

§ 44-6 Grading permit application.

[Amended 9-27-2004 by L.L. No. 3-2004]
Every applicant for a grading permit shall file a written application therefor with the administrator. Such application shall:
A. 
Describe the land on which the proposed work is to be done by section, block, lot and street address or similar description which will readily identify and locate the proposed work.
B. 
Be accompanied by plans and specifications, in triplicate, prepared by a registered engineer, registered surveyor or registered landscape architect, licensed by the State of New York. All plans shall be dated and bear the name and seal of the registered professional who prepared the same, the name of the applicant and the name of the owner of the land. They shall include:
(1) 
A plan of survey.
(2) 
A contour map showing the present contours of the land and the proposed contours of the land after completion of the proposed grading, at a scale not smaller than 50 feet to one inch and at a contour interval of not greater than five feet.
(3) 
A plan showing cross-sections of the proposed cut and/or fill on fifty-foot intervals which show the method of benching both cut and/or fill; however, under no circumstances shall there be fewer than two cross-sections for each property involved under said permit.
(4) 
A plot plan showing the location of the grading, boundaries, lot lines, neighboring streets and ways, existing and proposed buildings, existing waterlines and sewers or drains, existing utility lines, type of ground cover or vegetation and sufficient dimensions and other data to show the location of all work.
(5) 
A description of the type and classification of the soils obtained from an on-site investigation.
(6) 
Details and location of existing watercourses, area and details of paving, and any proposed drainage structures and pipes, walls and cribbing, and details of bridges and/or culverts required to cross over watercourses.
(7) 
Nature of fill material.
(8) 
Such other information as the administrator may require to carry out the purpose of this chapter.
C. 
State the estimated dates of the starting and completion of the grading work.
D. 
State the purpose for which the grading application is filed.

§ 44-7 Expiration of grading permit.

[Amended 9-27-2004 by L.L. No. 3-2004]
Every grading permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within six months or is not completed within one year from the date of issue, provided that the administrator may, if the permit holder presents satisfactory evidence, in writing, that unusual difficulties have prevented the work from being started or completed within the specified time limits, grant a reasonable extension of time, and provided further that the application for the extension of time is made before the date of expiration of the permit.

§ 44-8 Stormwater ponds: design criteria.

[Added 9-27-2004 by L.L. No. 3-2004[1]]
A. 
All stormwater ponds, detention ponds, retention ponds and water quality ponds shall be designed and constructed in a manner that assures performance of their intended functions and allows their practical maintenance simultaneously requiring that such facilities blend into the landscape and are perceived to be attractive amenities to the community.
B. 
All stormwater ponds, detention ponds, retention ponds and water quality ponds shall be designed with due sensitivity to the environment and shall be constructed in a manner consistent with plans approved by the Planning Board.
C. 
All stormwater ponds, detention ponds, retention ponds and water quality ponds as well as all stormwater treatment and control structures and facilities shall comply with the design criteria promulgated under authority of this chapter.
D. 
All stormwater ponds, detention ponds, retention ponds and water quality ponds as well as all stormwater treatment and control structures and facilities shall be designed and constructed as specified in such regulations as shall be promulgated by the Town of Monroe and as such regulations may be, from time to time, amended by resolution.
[1]
Editor's Note: This local law also renumbered former §§ 44-8 through 44-14 as §§ 44-9 through 44-15, respectively.

§ 44-9 Inspections.

A. 
The administrator shall make the inspections hereinafter required and shall either approve that portion of the work that has been completed, or notify the permit holder wherein the same fails to comply with the provisions of this chapter.
B. 
Plans for grading work, approved by the administrator, shall be maintained at the site during the progress of the grading work until the work has been approved.
C. 
The permit holder shall notify the administrator in order to obtain inspections in accordance with the following schedule, and such notifications shall be made by the permit holder at least 72 hours before the inspection is to be made.
(1) 
Initial inspection: when work on the excavation or fill is about to be commenced.
(2) 
Rough grading: when all rough grading has been completed.
(3) 
Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled.
(4) 
Special inspection: if at any time conditions are found which are not stated on the permit holder's application.
(5) 
Special structures: when excavations are complete for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(6) 
Final inspection: when all work, including the installation of all drainage and other structures, has been completed.
D. 
If, at any stage of the work, the administrator shall determine by inspection that conditions exist such that the work as authorized by an existing permit is likely to endanger any property or streets or ways or create hazardous conditions, the administrator may require, as a condition to allowing the work to be done, that such reasonable safety precautions be taken as the administrator considers advisable to avoid the likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a lesser degree of slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing or walls.

§ 44-10 Stormwater Management and Erosion Control Plan.

A. 
It is the responsibility of an applicant to prepare a Stormwater Management and Erosion Control Plan so that the Town of Monroe can evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on existing drainage facilities and community waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing or mitigating adverse impacts.
B. 
The Stormwater Management and Erosion Control Plan shall contain the name, address, and telephone number of the owner of record as well as of the developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as waterbeds, streams, adjoining roads, subdivision boundaries and municipal boundaries shall be clearly identified on a map.
C. 
The structure and content of the Stormwater Management and Erosion Control Plan shall be as specified in regulations promulgated by the Town of Monroe and as may be amended from time to time.

§ 44-11 Maintenance.

A. 
The Town Board of the Town of Monroe shall determine whether stormwater management facilities are to be maintained by the developer/owner, a homeowners' association, or by the Town of Monroe.
(1) 
If maintenance is to be performed by a homeowners' association, the homeowners' association must be registered pursuant to § 352-e of the New York State General Business Law.
(2) 
If maintained by an owner or homeowners' association, a maintenance plan containing a maintenance schedule shall be prepared by the owner and/or homeowners' association for approval by the Town of Monroe.
(3) 
Stormwater management facilities maintained by an owner or homeowners' association shall have adequate easements to permit the Town of Monroe to inspect and, if necessary, to take effective action should the owner fail to properly maintain the system. Before taking corrective action, the Town of Monroe shall give the owner or homeowners' association written notice of the nature of the existing defects. If the owner or homeowners' association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Town of Monroe, the Town of Monroe may take necessary corrective action, the cost of which shall be borne by the owner or by the homeowners' association. If in the event that the homeowners' association fails to pay for necessary corrective action, the Town of Monroe shall place, or cause to have placed, a lien on the real property of the owner or the members of the homeowners' association until payment is made.
B. 
Stormwater management facilities may be dedicated to the Town of Monroe for purposes of maintenance by mutual consent and agreement of the developer/owner and the Town of Monroe.

§ 44-12 Performance and restoration bonds.

A. 
In order to ensure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town of Monroe in its approval of the Stormwater Management and Erosion Control Plan, the Town of Monroe may require the developer to provide, prior to any development activity, a performance and/or restoration bond in accordance with the provisions contained in Chapter 36 of the Town Code. The security shall be in an amount to be determined by the Town of Monroe based on submission of final design plans, with reference to actual construction costs. In addition, execution of a public improvement security agreement between the Town and the developer may also be required.
B. 
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to any development activity, may be required to provide the Town of Monroe with a maintenance bond in accordance with the provisions of Chapter 36 of the Town Code to ensure proper operation and maintenance of all stormwater management and erosion control facilities.

§ 44-13 Enforcement; penalties for offenses.

A. 
Nuisance. Any development or grading activity that is commenced without prior approval of a Stormwater Management and Erosion Control Plan (and grading permit, where required) or is conducted contrary to an approved Stormwater Management and Erosion Control Plan or is commenced without first installing and implementing erosion control measures and devices at the direction of, and after inspection by, and upon the written approval of the Building Inspector or Code Enforcement Officer, as required by this chapter, may be restrained by injunction or otherwise abated in a manner provided by law.
B. 
Civil and criminal penalties. Any and every violation of the provisions of this chapter and failure to comply with an order to remedy violation after service thereof shall constitute disorderly conduct, and the owner, agent and/or contractor, lessee or tenant of any structure, premises, lot or land, or any portion thereof where any violation of the provisions of this chapter exists or was caused to exist, shall be a disorderly person, punishable in accordance with the provisions of the Penal Law of the State of New York. In addition to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a fine of not less than $100 nor more than $250 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
C. 
Any violator may be required to restore land to its condition prior to disturbance. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Monroe may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
D. 
Notice of order to remedy violation. When the administrator determines that developmental or grading activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written order to remedy violation to the owner of record of the property. The order to remedy violation shall contain:
(1) 
The name and address of the owner of record or applicant.
(2) 
The street address, when available, or a description of the building, structure, or land upon which the violation is occurring.
(3) 
A statement specifying the nature of the violation.
(4) 
A description of the remedial actions necessary to bring the development activity into compliance with this chapter and a time schedule for completion of such remedial action.
(5) 
A statement of the penalty or penalties that shall or may be assessed against the person to whom the order to remedy violation is directed.
E. 
The order to remedy violation shall be served upon the person(s) to whom it is directed either personally or by mailing a copy of the order to remedy violation by certified mail, postage prepaid, return receipt requested, to such person at his or her last known address.

§ 44-14 Appeals.

Any person aggrieved by the action of any official charged with the administration and/or enforcement of this chapter, as the result of a disapproval of a Stormwater Management and Erosion Control Plan, issuance of a written order to remedy violation, or an alleged failure to properly comply with this chapter in regard to a specific application, shall have the right to appeal the action to the Town of Monroe Town Board.

§ 44-15 Fees.

The Town Board of the Town of Monroe is hereby authorized to establish a schedule of fees for any permit application or inspections required under this chapter. Such schedule of fees may be amended from time to time by resolution of the Town Board.