Rockland County, NY Chapter 53 Drainage Agency

[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]

Article I Agency Established [1]

[Adopted 2-16-1988 by Res. No. 61-1988]

[1] Editor's Note: Pursuant to L.L. No. 16-1995, adopted 12-5-1995, the County Drainage Agency has been transferred to and become a division of the County Highway Department. Said local law is on file in the office of the Clerk to the Legislature.

§ 53-1 Composition.

The County Drainage Agency shall be comprised solely of the County Superintendent of Highways.

§ 53-2 Chairman.

For the purposes of Chapter 846 of the Laws of 1975,[1] the County Superintendent of Highways shall be and act as the Chairman of the Rockland County Drainage Agency.

[1] Editor's Note: Chapter 846 of the Laws of 1975 is the Rockland County Stream Control Act.

§ 53-3 Powers and duties of Superintendent of Highways.

The County Superintendent of Highways shall exercise all power and duties of the Chairman of the Rockland County Drainage Agency and the County Drainage Agency, as provided in Resolution No. 53 of 1964,[1] or any subsequent legislative resolutions, and the Stream Control Act of Rockland County, as set forth in Chapter 846 of Laws of 1975, as they may be amended from time to time, or in in other law(s), and shall be the appointing authority for such agency, and he shall perform such other and related duties required by the County Executive.

[1] Editor's Note: Resolution No. 530 of 1964, which originally established the County Drainage Agency, is on file in the office of the Clerk to the Legislature.

§ 53-4 Drainage Board.

There shall be a Drainage Board consisting of five members appointed by the County Executive based upon recommendation by the Supervisors, one from each Town, subject to confirmation by the Legislature. The County Drainage Board shall advise the County Superintendent of Highways, the County Executive and the Legislature in matters relating to drainage, and it shall perform and exercise such other and related duties required by the County Superintendent of Highways and the County Executive. The Commissioner of Planning or his designee shall serve as an ex officio voting member of the Board.

Article II Stream Maintenance Program

[Adopted 4-4-2000 by L.L. No. 7-2000[1]]

[1] Editor's Note: Res. No. 281-2000, adopted 5-17-2000, overrode the County Executive's disapproval of this local law.

§ 53-5 Program established.

A. Legislative findings and intent.

(1) Tropical storm Floyd caused major damage to Rockland County's stream system and to numerous homeowners and property owners along or near the County's streams.

(2) Legislature is appropriating $5,600,000 to maintain and repair the County's stream system, and an additional $5,000,000 has been placed in the 2000 Rockland County capital budget to further implement stream maintenance following tropical storm Floyd.

(3) The Legislature believes that a proper system of planning and regular maintenance is essential to prevent flooding and other damage to the stream system and to preserve the Rockland County stream system and to avoid millions of dollars in future drainage repair costs of the County stream system.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

PROPERTY OWNER

Those persons having title to real property in or contiguous to the channel lines of any Rockland County stream.

COUNTY STREAM

Those watercourses and/or streams identified on the Rockland County Official Map.

CHANNEL LINES

The one hundred-year frequency line as indicated from the studies and investigation by the Chairman of the Drainage Agency. If no such study has been completed, the channel line shall be 100 feet in distance or three feet in elevation, whichever is greater, from the normal high water line as evidenced by vegetation undisturbed by flowing water.

PERSONS

Any individual, firm, copartnership, association or corporation other than the state and municipal government bodies.

NEIGHBORHOOD

The community of owners and residents having improved and unimproved real property either in or adjacent to the channel lines of official County streams.

CONSTRUCTION

Maintenance projects that incorporate the use of heavy equipment and the construction, rehabilitation or demolition of embankments, retaining walls or other capital projects.

REGULAR MAINTENANCE

Any work project except construction projects, that is periodically required to maintain or improve County streams, including but not limited to such items as removal of debris, fallen trees, minor rehabilitation of retaining walls and County stream embankments.

C. Implementation. The Rockland County Drainage Agency and its staff are to undertake the following stream maintenance program along Rockland County's County streams:

(1) There shall be regularly scheduled on-site maintenance reviews two times a year, in the spring and fall, the spring review to be done in the months of April and May and the fall review to be done in the months of September and October. Notice of the County intention to inspect the County stream and channel lines, by registered first-class mail, shall be given to property owners at least seven days prior to inspection.

(2) The inspection shall determine if the streams are still within their bounds, if there is any unusual erosion, if there are any trees or garbage in the streams that have to be cleaned out, or if there is any ponding, which would cause mosquito infestation, or any other unusual item which would cause pollution, health hazard or damage or danger.

(3) After each stream is inspected, a report should be rendered in reference to this section, a copy of which shall be sent to the Clerk of the Rockland County Legislature and the County Executive of Rockland County, and any work that is required to be done should be scheduled to be done. If it is regular maintenance, the work shall be completed within 30 days, and if it entails construction, it should be placed on a construction schedule to be done as soon as possible so as to avoid any additional damage or problems.

(4) The inspection shall, if possible, be coordinated with the Department of Health and its control of mosquito infestation.

(5) An inspection shall be done of the entire system, as inventoried, and records kept after every rainfall above two inches, to assess any damages that the heavy rainfall may have caused. A written report should be rendered in reference to this section, a copy of which shall be sent to the Clerk of the Rockland County Legislature and the County Executive of Rockland County.

(6) The Drainage Agency may develop a system of possible services by volunteers to monitor the streams on a more frequent basis.

(7) The Drainage Agency shall conduct an education program in each neighborhood, done by letter or even neighborhood meetings, so as to alert people as to what to report to Drainage Agency personnel.