[HISTORY: Adopted by the Rockland County Legislature 12-5-2000
by L.L. No. 1-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Freshwater wetlands — See Ch. 270.
This chapter shall be known as the "Rockland County Stream Conservation
and Universal Flow Control Act."
A.
The watercourses, streams and tributaries of Rockland
County are an essential environmental resource affecting the daily lives and
welfare of our residents and the safety and property rights of all of the
people of Rockland County.
B.
This legislature believes that in the past building,
construction, development and over-development have been allowed to occur
too near and adjacent to our streams.
C.
This encroachment upon and corruption of our stream banks
and the channels and flow of our streams, floodplains and ponding areas has
significantly affected and impaired those watercourses.
D.
Through such building, construction, development and
over-development, the natural flow of Rockland County streams has been impeded,
obstructed and in some cases diverted and, in addition, the floodplains, ponding
areas and wetlands have been filled, impaired, obstructed and corrupted.
E.
This legislature confirms that the protection of our
watercourses, floodplains, tidal marshes, wetlands, underground water reserves
and water recharge areas is an essential duty and responsibility which County
government must assume in order to protect those natural resources for the
future and the welfare of our population.
F.
The County of Rockland hereby adopts a policy for universal
flow control to protect all tidal marshes, ponding areas, water recharge areas
and underground water reserves, Rockland County streams, floodplains and wetlands,
as essential components of the surface water absorption process.
G.
The County of Rockland commits itself to assuming increased
responsibility and authority to regulate, remediate and restore the natural
watercourses and flow of Rockland County streams and further commits to take
all possible action to protect against redirection, degradation, encroachment
or the impairment of the natural flow of County streams, surface water absorption
and also to preserve the capacity and proper functioning of floodplains, tidal
marshes, wetlands and/or land overlying underground water reserves.
H.
The increased flooding from County streams in most instances
is due to development of real property in Rockland with the simultaneous creation
of impervious surfaces (asphalt, concrete, etc.) and a decreasing of the natural
obstructions to surface water flow which had previously reduced surface water
flow and assisted in the absorption of said surface water. The resultant lack
of proper surface water absorption then allows said water to travel greater
distances at higher speeds. This development of surface areas with the construction
of building, roads and landscaping has reduced or removed the dampening effect
of the water absorption process, which prior thereto had produced smaller
differences between peak and low water flows.
I.
The flow of water, from rain and surface water in County
streams, now travels at substantially faster speeds over paved areas or within
storm drainage systems, in shorter periods of time, increasing the time intervals
that rainwaters enter County streams from both nearby and remote areas away
from the streams. The result of those human acts is that peak flows in streams
are greater and occur sooner after storms than previously experienced.
J.
Undeveloped areas of the County contain natural water
obstructions that reduced peak flows, such as ponds, ponding areas, low points
and wetlands.
K.
The past attempts to remove these areas and develop these
areas, by "drainage improvements" projects which removed the low points, ponding
areas, wetlands and ponds, has caused larger problems downstream, as well
as in the area, from rainwater run-off.
L.
The approach to surface water control should now also
require mitigation of any action that might increase that rate of runoff or
affect timing of flows.
As used in this chapter, the following terms shall have the meanings
indicated:
That area between a stream's outside edges or the top of the
banks of a stream.
Those watercourses and/or streams identified on the Rockland County
Official Map. Mapping of official County streams shall also include floodplains,
ponding areas, tidal marshes, water recharging areas and underground water
reserves.
The naturally created watercourse, which surface water will follow
within the one-hundred-year floodplain.
To dig, plow, bulldoze or otherwise relocate or move natural materials
such as earth, trees, rocks, etc., from their original location to another
location.
Any object or accumulation of materials, either man-made or biological,
which are placed, moved, piled or, due to the normal processes of nature,
deposited within a protected area which would have the effect of changing
the channel lines of any County stream or adversely affecting the flow of
County streams or water absorption in the one-hundred-year floodplain.
That area that would be submerged during the flood discharge of an
individual stream caused by a one-hundred-year flood which makes up the one-hundred-year
frequency line of a County stream, plus an additional 100 feet, as indicated
from studies and investigations by the Drainage Agency which identifies the
channel lines of said streams. The one-hundred-year floodplain is the area
that would be submerged when the flood discharge of the associated stream
is at a level deemed to have a recurrence interval of 100 years. The recurrence
interval is defined as the average time, in years, in which a given magnitude
can be expected to be equaled or exceeded once. It may alternatively be defined
as an area of land that would be inundated by a flood having a one-percent
chance of occurring in any given year. If the study and investigation by the
Drainage Agency has not been completed, the one-hundred-year floodplain line
shall be 150 feet in distance from the stream's center line or three
feet in elevation, from the normal high-water line, as evidenced by vegetation
undisturbed by flowing waters, whichever is greater.
Any entity, including an individual, firm, co-partnership, association
or corporation other than the state and a state public corporation and a public
corporation.
Those areas of standing water naturally accumulated, to a depth at
its center of two inches or greater, with a surface measurement of greater
than 600 square feet.
The areas mapped on the County Official Map which locate the underground
water streams and water retention areas that are used by municipal and/or
public water utilities to supply potable water to the general public.
Any man-made object, including, but not limited to, buildings, houses,
warehouses, cranes, billboards, dams and retaining walls, which the Agency
may from time to time identify as prohibited objects in the one-hundred-year
floodplain.
Those areas mapped on the County Official Map which locate areas
where precipitation or surface run-off water naturally percolates through
the ground surface into underground water reserves.
As defined in Environmental Conservation Law § 24-0107.
A.
The Rockland County Drainage Agency shall implement and
enforce the provisions in this chapter to effectuate the policy for universal
flow control of County streams. The Drainage Agency shall assume the responsibility
and the authority to regulate, remediate and restore the natural watercourses
and flow of Rockland County streams. The Drainage Agency shall take all possible
action to protect against redirection, degradation, encroachment or the impairment
of the flow of County streams and to preserve the capacity and proper function
of the one-hundred-year floodplain and County streams. The Drainage Agency
shall seek to preserve the areas that reduce peak flows, to wit: ponds, ponding
areas, low points, wetlands, wooded areas, overgrown fields and farm areas
that permit greater infiltration of rain and surface water by absorption into
the ground.
B.
It shall be a breach of this chapter for any person or
firm to:
(1)
Take any action which will undermine stream bank stability
within the one-hundred-year floodplain of a designated County stream.
(2)
Take any action of filling in or dumping material which
would obstruct normal flow within the one-hundred-year floodplain of a designated
County stream or water recharge area.
(3)
Take any action which will impair channel integrity within
the one-hundred-year floodplain on a designated County stream or water recharge
area.
(4)
Take any action which will adversely affect the flow
of County streams by building or development within the one-hundred-year floodplain
of a designated County stream or water recharge area.
(5)
Locate or construct structures or place obstructions
within the one-hundred-year floodplain of a designated County stream or water
recharge area.
(6)
Take any action which will alter the existing drainage
and/or water absorption rate patterns within the one-hundred-year floodplain
of a designated County stream or water recharge area which the Drainage Agency
may from time to time identify.
(7)
Excavate within the one-hundred-year floodplain of a
designated County stream or water recharge area.
C.
The Drainage Agency shall aggressively pursue this policy
to prevent development, construction or encroachment through building or placement
of structures and obstructions or possible contamination on lands within a
water recharge area or in the one-hundred-year floodplain, which would impede
the natural flow or subject the County streams or water recharge areas to
damage in the event of major storms and/or adversely affect retention, and
preserve the areas of natural water absorption.
D.
Easements:
(1)
The Rockland County Drainage Agency or the County Attorney
or designated appropriate parties shall seek permanent or temporary easements,
as the situations may dictate on a case-by-case basis, from property owners
who own property within the one-hundred-year floodplain of Rockland County
streams and water recharge areas.
(2)
Said easements shall require the property owner:
(a)
Not to build any structure or place any obstruction or
alter the drainage pattern within the one-hundred-year floodplain or water
recharge area.
(b)
Not to excavate within one-hundred-year floodplain or
water recharge area.
(c)
Not to alter channels of the streams with the one-hundred-year
floodplain.
(d)
Not to permit, upon prior notification, entry of Drainage
Agency personnel or their agents and their equipment, upon the property in
or adjacent to the one-hundred-year floodplain or water recharge area for
the purposes of inspection and maintenance.
E.
The Drainage Agency shall determine within nine months
of the effective date of this chapter whether there are any additional watercourses
or areas that should be identified and protected by the provisions of this
chapter. Upon the determination that additional water areas are in need of
protection, the Agency shall report its findings to the Rockland County Legislature
for further action.
A.
The Rockland County Drainage Agency shall accept and
vote upon written request for special waiver of portions or all of the provisions
of this chapter from the property owner for activities within the County streams
or one-hundred-year floodplain and/or water recharge areas.
B.
Said waiver request shall contain a description of the
proposed activity or construction in the channel or one-hundred-year floodplain
or water recharge area by the applicant.
C.
The burden shall be upon the applicant that said request,
if granted, would not defeat or adversely affect the intent of this chapter.
D.
The Drainage Agency shall, upon receipt of an application
for a waiver, post the application in the office of the Rockland County Clerk
and require publication in the official County newspaper and posting within
300 yards of the area of the requested work area at least 15 days before the
hearing on said application. The notice referred to above shall state that
the Agency will accept written comment either in favor of or against the waiver
application.
E.
Any waiver granted may contain conditions deemed appropriate
to further the intent of this chapter, as determined by the Drainage Agency.
F.
Any aggrieved party may challenge the granting and/or
denial of a waiver by the Agency in the Supreme Court of the County of Rockland
under Article 78 under civil procedures laws and regulations of the State
of New York.
A.
A violation of any of the provisions of this act, or
any order or regulation under this act shall be subject to a civil penalty,
not exceeding $1,000 for each violation, to be recovered in an action or proceeding
brought by the County Attorney in the name of the County in a court of competent
jurisdiction. In addition to the foregoing, any waiver granted pursuant to
this act shall be deemed revoked. Each day of a continuing violation shall
be subject to a separate fine or civil penalty.
B.
An action or proceeding may be maintained by the County
Attorney in the name of the County in a court of competent jurisdiction to
compel compliance with, or restrain by injunction, any violation of this act
or any rules, regulations or waivers granted pursuant to any of the foregoing
sections, notwithstanding that another punishment for such violation is prescribed.
C.
Any action to recover a penalty under this section may
be brought in any court of competent jurisdiction on order of the County Attorney
and in the name of the County. In any such action, all penalties incurred
up to the time of commencing the same may be sued for and recovered therein,
and the commencement of an action to recover such penalty shall not be, or
be held to be, a waiver of the right to recover any further penalty for continued
violation. All moneys recovered in any such action, with the costs recovered
therein, shall be paid into the County Treasury by the Chairman to the credit
of the general fund.
