[HISTORY: Adopted by the Board of Trustees of the Village of Airmont
3-1-1993 by L.L. No. 8-1993. 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 Village of Airmont."
It is the intention of the Village Board of the Village of Airmont 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 retainage for the protection of exposed soil surfaces
in order to promote the safety, public health, convenience and general welfare
of the community.
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
CRITICAL AREA
EROSION
EROSION AND SEDIMENT CONTROL PLAN
EXCAVATION or CUT
FARM CONSERVATION PLAN
LAND
LAND DISTURBANCE
MULCHING
PERMIT
ROCKLAND COUNTY SOIL AND WATER CONSERVATION DISTRICT
SEDIMENT
SEDIMENT BASIN
SITE
SOIL
STATE SOIL CONSERVATION AND WATER COMMITTEE
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 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. Such measures shall be in accordance
with standards as adopted by the New York State Soil Conservation and Water
Committee, or any successor agency.
Any act by which soil or rock is cut into, dug, quarried, uncovered,
removed, displaced or relocated.
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.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the Village.
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.
A governmental subdivision of this state, which encompasses this
Village, organized in accordance with the provisions of the Soil and Conservation
Districts Law of the State of New York.
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.
An agency of the state established in accordance with the provisions
of Soil and Water Conservation Districts Law of the State of New York.
Any activity which significantly disturbs vegetated or otherwise
stabilized soil surface, including clearing and grubbing operations.
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within this municipality unless the applicant has submitted to the Village Engineer a plan to provide for soil erosion and sediment control for such land area in accordance with the Guidelines for Erosion and Sediment Control in Urban Areas of New York State adopted by the New York State Soil Conservation and Water Committee and administered by the Rockland County Soil and Water Conservation District and unless such plan has been approved by the Village Engineer and a valid land disturbance permit has been issued by the Village Engineer, except as exempted by § 100-10.
A.
The applicant must submit a separate soil erosion control
plan for each noncontiguous site. The applicant may consult with the Rockland
County Soil and Water Conservation District in the selection of appropriate
erosion and sediment control measures and the development of the plan. Such
plan shall contain:
(1)
The location and description of existing natural and
man-made features on and surrounding the site, including general topography
and soil characteristics.
(2)
The location and description of proposed changes to the
site.
(3)
Measures for soil erosion and sediment control which
must meet or exceed Standard for Soil Erosion and Sediment Control in Urban
Areas of New York State, adopted by the State Soil Conservation And Water
Committee. Guidelines shall be on file at the office of the Village Clerk.
(4)
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.
B.
All proposed revisions of data required shall be submitted
for approval.
A.
Soil erosion and sediment control plans shall be reviewed
by the Village Engineer and approved when in conformance with the Guidelines
for Erosion and Sediment Control in Urban Areas of New York State.
B.
The Village Engineer may seek the assistance of the Rockland
County Soil and Water Conservation District in the review of such plans and
may deem as approved those plans which have been reviewed and determined adequate
by the said District.
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 area 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.
I.
The principle of zero net incremental discharge of surface
water shall be adhered to.
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 Village
Engineer. The Village Engineer 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 for such disturbance only 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 Village Clerk prior to issuance of a soil disturbance permit in an
amount determined by the Village Engineer to be sufficient to allow the Village
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 Village
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. The bond or remaining balance of bond
shall be returned to the permittee upon application to and subsequent approval
by the Village Engineer.
The following activities are specifically exempt 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 Rockland County Soil and Water
Conservation District or when it is determined by the Rockland County Soil
and Water Conservation District that such use will not cause excessive erosion
and sedimentation.
The requirements of this chapter shall be enforced by the Village Engineer, who shall also inspect or require adequate inspection of the work. If the Village Engineer finds existing conditions not as stated in the applicant's erosion and sediment control plan, he may refuse to approve further work and may require necessary erosion and sediment control measures to be promptly installed and may seek other penalties as provided in § 100-14.
Appeals from decisions under this chapter may be made to the Village
Board in writing within 10 days from the date of such decision. The appellant
shall be entitled to a hearing before the Village Board within 30 days from
the date of appeal.
Each application shall be accompanied by a fee payable to the Village
of Airmont in accordance with a schedule recommended by the Village Engineer
and adopted by the Village Board.
A.
Any person violating any section or provision of this
chapter shall be punishable by a maximum fine of $250 or a maximum term of
imprisonment of 15 days, or both. In the case of a continuing violation of
this chapter, each week that such violation exists shall constitute a separate
and distinct offense.[1]
B.
In addition, where construction subject to a building
permit is involved, the Building Inspector shall, at the recommendation of
the Village Engineer, issue an order to stop all work on the project or revoke
the building permit, as may be necessary or appropriate to the situation.
C.
The remedies contained within this chapter shall further
not be exclusive, but shall be in addition to any other remedy provided by
law, so long as not inconsistent herewith, nor shall the invoking of any remedy
or procedure contained within this chapter preclude the pursuit of any and
all other remedies, and the same are intended to be cumulative.
