[HISTORY: Adopted by the Town Board of the
Town of Bergen 7-13-1992 by L.L. No. 2-1992. Amendments noted where
applicable.]
This chapter shall be known as the "Stormwater
Management and Erosion Control Law."
These regulations are to be applied to any development,
development expansion, site plan, or site plan expansion, with the
capacity to change the stormwater flow in any property affected by
the proposed development. The goal is to at least maintain the status
quo or improve the existing stormwater and erosion condition at the
time of the application. Proof shall be the responsibility of the
developer when required by the Town Planning Board.
The Town Planning Board of the Town of Bergen
finds that uncontrolled drainage and runoff associated with land development
has a significant impact upon the health, safety and welfare of the
community. Specifically:
A.
Stormwater runoff can carry pollutants into receiving
water bodies, degrading water quality;
B.
The increase in nutrients in stormwater runoff such
as phosphorus and nitrogen accelerates eutrophication of receiving
waters, adversely affecting flora and fauna;
C.
Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing streambank
erosion and sedimentation;
D.
Construction requiring land clearing and the alteration
of natural topography tends to increase erosion;
E.
Siltation of water bodies resulting from increased
erosion decreases their capacity to hold and transport water, interferes
with navigation, and harms flora and fauna;
F.
Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge;
G.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life;
H.
Improperly managed stormwater runoff can interfere
with the maintenance of optimum salinity in estuarine areas, thereby
disrupting biological productivity;
I.
Substantial economic losses result from these adverse
impacts on community waters;
J.
Many future problems can be avoided if land is developed
in accordance with sound stormwater runoff management practices.
In accordance with Article 9 of the Town Law
of the State of New York, the Town Board of the Town of Bergen has
the authority to enact ordinances or laws for the purpose of promoting
the health, safety or general welfare of the Town of Bergen, including
the protection of the property of its inhabitants. By the same authority,
the Town Board of the Town of Bergen may include in any such ordinance
or law provision for the appointment of any municipal officer or employees
to effectuate and administer such ordinance or law.
Upon approval of this chapter by the Town Board,
all site preparation and construction activities requiring a permit
under this chapter shall be in conformance with the provisions set
forth herein.
As used in this chapter, the following terms
shall have the meanings indicated:
All activities directly related to the growing or raising
of crops or livestock for the sale of agricultural produce, including
horticultural and fruit operations.
The person designated by the Town Board to administer and
maintain the provisions of this chapter.
The portion of stream flow that is not due to storm runoff;
is supported by groundwater discharge into a channel.
A negative declaration may be issued by a lead agency (under
SEQR), in which the action as initially proposed may result in one
or more significant adverse environmental effects; however, mitigation
measures will modify the proposed action so that no significant adverse
environmental impacts will result.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
Similar to infiltration trench but smaller with inflow from
pipe; commonly covered with soil and used for drainage areas of less
than one acre such as roadside inlets and rooftop runoff.
An Environmental Impact Statement.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any means used to effect control of erosion and sediment.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
A practice designed to store stormwater runoff by collection
as a temporary pool of water, usually having less than twenty-four-hour
residence time. A practice which is used to control peak discharge
rates, and which provides gravity settling of pollutants.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourse.
The delivery of a disproportionately large load of pollutants
during the early part of storms due to the rapid runoff of accumulated
pollutants. The first flush in these guidelines is defined as 1/2
inch of runoff per acre of land which has been made more impervious
from predevelopment (natural) conditions through land clearing, land
grading and construction/development activities.
For a given flood event, that area of land adjoining a continuous
watercourse which has been covered temporarily by water.
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
The alteration of the surface of subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling.
U.S. Army Corp of Engineers Computer Program 723-X6L202A
intended for calculating water surface profiles for steady or gradually
varied flow in natural or man-made channels.
Impermeable surfaces, such as pavement or rooftops, which
prevent the infiltration of water into the soil.
A practice designed to promote the recharge of groundwater
by containment and concentration of stormwater in porous soils.
An impoundment made by excavation or embarkment construction;
commonly serves a drainage area of five to 50 acres; usually closer
to 50.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
The terminus of a storm drain where the contents are released.
The maximum instantaneous flow of water during a storm, usually
in reference to a specific design storm event.
The reduction of the peak discharge of storm runoff by storage
and gradual release of that storage.
A practice designed to store stormwater runoff by collection
as a permanent pool of water without release except by means of evaporation,
infiltration, or attenuated release when runoff volume exceeds the
permanent storage capacity of the permanent pool.
A relatively narrow strip of land that borders a stream or
river.
A combination of large stone, cobbles and boulders used to
line channels, stabilize stream banks, reduce runoff velocities, or
filter out sediment.
A vertical pipe extending from the bottom of a pond that
is used to control the discharge rate from the pond for a specified
design storm.
A chamber open to the surface containing a surface layer
of sand over a high void aggregate base; these are innovative but
apparently effective practices for atypical situations such as where
a site is unsuitable for stormwater infiltration or retention.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin by erosion.
An acronym for the "State Environmental Quality Review Act";
Article 8 of the Environmental Conservation Law.
Runoff which flows over the ground surface as a thin, even
layer, not concentrated in a channel.
The activities of stripping, excavation, filling, and grading,
no matter what the purpose of these activities.
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
An area in a community that has been identified as susceptible
to a 1% or greater chance of flooding in any given year. A 1% probability
flood also is known as the "one-hundred-year flood."
An acronym for "State Pollutant Discharge Elimination System."
A regulatory/permit program administered under Article 17 of the Environmental
Conservation Law by the NYS Department of Environmental Conservation
to control point source discharge of water pollution.
The average frequency of occurrence of events having a given
volume and duration. For example: a two-, ten-, or one-hundred-year
storm.
Any open or closed conduit designed to convey stormwater.
The length of time which a precipitation event occurs (e.g.,
24 hours).
The total amount of precipitation occurring over the storm
duration.
Any means used to effect stormwater management.
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
A natural depression or wide shallow ditch used to temporarily
route or filter runoff.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
A rainfall model developed by the USDA Soil Conservation
Service for hydrologic analyses of a watershed under present conditions
of land cover/use and structural or channel modifications using single-event
storm rainfall-frequency data. Output consists of peaks and/or flood
hydrographs, their time of occurrence and water surface elevations
at any desired cross section or structure.
This program provides simplified procedures to calculate
storm runoff volume, peak rates of discharge, and storage volumes
required for stormwater detention basins. These procedures are applicable
in small watersheds, especially urbanizing watersheds. The program
provides for hydrologic analysis of a watershed under various combinations
of land uses using single-event storm rainfall frequency data. The
program can accommodate division of the watershed into subareas and
will estimate individual subareas as well as total area peak rates
of runoff.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine, or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed, and banks,
and any area adjacent thereto subject to inundation by reason of overflow,
flood, or stormwater.
Areas of aquatic or semiaquatic vegetation, or any areas
which have been mapped as such by the Town Planning Board, the Town
Conservation Council, the County Department of Planning, the County
Soil and Water Conservation District, or the New York State Department
of Environmental Conservation under the Freshwater Wetlands Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 24-0501
et seq.
A.
No person, corporation, organization, or public agency
initiating development which requires a permit may, on or after the
effective date of this chapter:
(1)
Initiate or undertake any land clearing, land grading
or earthmoving activities;
(2)
Initiate or undertake a development project or construction
activity;
(3)
Alter, reroute, deepen, widen, enlarge or obstruct
any drainage system; or
(4)
Seek to have a plat recorded or to have land subdivided
without first preparing a stormwater management and erosion control
plan and obtaining approval of said plan from the Town Planning Board.
B.
Exemptions. The following activities are exempt from
the stormwater management and erosion control plan requirement:
(1)
Agricultural activities, including household gardening,
not involving the artificial drainage of lands;
(2)
The development of a single-family or duplex residential
dwelling unit and its accessory structures (such as fences, storage
sheds, and septic tanks) in an existing subdivision;
(3)
The development of one single-family or duplex residential
structure not in an existing subdivision;
(4)
Any maintenance, alteration, use or improvement to
an existing structure not changing the quality, rate, volume or location
of surface water discharge;
(5)
Industrial and/or commercial projects which result
in an impervious surface less than 10,000 square feet.
C.
Waivers. A waiver of the stormwater management and
erosion plan requirement may be obtained by submitting an application
on forms supplied by the Town of Bergen to the Town Planning Board.
The application for waiver shall contain:
(1)
The name, address and telephone number of the developer
and owner;
(2)
A description and drawing of the proposed development;
(3)
The location of the development;
(4)
Any other information requested by the Town Planning
Board that is reasonable and necessary to evaluate the proposed development
and potential runoff impacts.
D.
The Town Planning Board may grant a waiver if the
application demonstrates the development is not likely to:
E.
The following types of development shall not be eligible
to receive a waiver:
(1)
Land clearing or earth moving and land grading projects
involving:
(a)
Site preparation within 100 feet of wetland;
(b)
Site preparation of existing slopes which exceed
15% for a horizontal distance of 100 feet along the slope;
(c)
Site preparation within 100 feet of all streams,
watercourses or other water bodies;
(d)
Site preparation within the one-hundred-year
floodplain of any watercourse delineated on the Federal Emergency
Management Agency Flood Hazard Maps.
(2)
Shopping centers;
(3)
Industrial or commercial facilities;
(4)
Subdivisions larger than a single family or duplex
residential dwelling unit;
(5)
Roads;
(6)
Impervious surfaces greater than 10,000 square feet.
A property owner(s) or his agent(s) may initiate
a request for a permit or the modification of a permit by filing with
the Town Planning Board eight copies of an application who shall promptly
forward copies of the application to the Town Engineer, Town Zoning
Enforcement Officer, Superintendent of Highways and the Genesee County
Soil and Water Conservation District. Maps and plans accompanying
the application shall be prepared by a registered architect or licensed
engineer or by any other person approved by the Town Planning Board.
The Chairman of the Town Planning Board may require that additional
copies of the application be filed with the Secretary to the Planning
Board, and he may modify the requirements concerning materials to
accompany the application by waiving or adding such requirements as
he deems appropriate to the nature and scope of the proposed activities.
The Chairman of the Town Planning Board may require the applicant(s)
to reconstruct application materials if they are deemed to be of insufficient
scale or quality or do not meet the standards of this section. Excepting
for modifications authorized or required by the Chairman of the Town
Planning Board, each application shall contain the following material:
A.
Existing features map(s), at a scale no smaller than
one inch equals 100 feet, indicating:
(1)
The boundaries of all parcels on which site preparation
activities are proposed to be undertaken and boundaries of all parcels
adjacent to the subject site;
(2)
All structures and roads within a distance of 500
feet of the parcel on which site preparation activities are proposed
to be undertaken, the structures identified by their uses and the
roads identified by their surface material and width of surface;
(3)
All watercourses within a distance of 500 feet of
the parcels on which site preparation activities are proposed to be
undertaken;
(4)
Existing topography at contour intervals of two feet
within a distance of 500 feet of the parcels on which site preparation
activities are proposed to be undertaken;
(5)
All sewer, water, gas, and electric lines and all
other utilities within the parcels on which site preparation activities
are proposed to be undertaken;
(6)
Major wooded areas and tree clusters within a distance
of 500 feet of the parcels on which site preparation activities are
proposed to be undertaken;
(7)
All vegetation areas on the site proposed for site
preparation activities, including areas of grass, areas of brush,
and wooded areas and tree clusters;
(8)
The depth to bedrock on the site proposed for site
preparation activities, if determined during site evaluation;
(9)
The depth to permanent ground water aquifers on the
site proposed for site preparation activities, if such depth is determined
during site evaluation;
(10)
The boundary of the one-hundred-year floodplain
must be shown together with designated wetland boundaries where applicable;
and
(11)
Drainage computations prior to site preparation
and after site preparation may be required.
B.
Development standards. All development, plus specifications
and timing schedules, including extensions of previously approved
plans, shall comply with provisions for erosion and sediment control
in accordance with standards and specifications contained in a manual
entitled "New York Guidelines for Urban Erosion and Sediment Control"
published by the Empire State Chapter of Soil and Water Conservation
Society, and the manual entitled "Stormwater Management Guidelines
for New Development" being published by the Department of Environment
Conservation, as it may be revised. In the event of conflict with
this chapter, the provisions herein shall prevail.
C.
Operations map(s) at a scale no smaller than one inch
equals 100 feet, which present a complete erosion and sediment control
plan and which indicate:
(1)
All excavation, filling, and grading proposed to be
undertaken, identified as to the depth, volume, and nature of the
materials involved;
(2)
All stripping, identified as to the nature of vegetation
affected;
(3)
All areas where topsoil is removed and stockpiled
and where topsoil is ultimately placed, identified as to the depth
of topsoil in each such area, topsoil to be replaced to at least predevelopment
depth;
(4)
All temporary and permanent vegetation to be placed
on the site, identified as to planting type, size, and extent;
(5)
All temporary and permanent drainage, erosion and
sediment control facilities, including such facilities as ponds and
sediment basins, identified as to the type of facility, the materials
from which it is constructed, its dimensions, and its capacity in
gallons;
(6)
The anticipated pattern of surface drainage during
periods of peak runoff, upon completion of site preparation and construction
activities, identified as to rate and direction of flow at all major
points within the drainage system;
(7)
The location of all roads, driveways, sidewalks, structures,
utilities, and other improvements; and
(8)
The final contours of the site in intervals of no
greater than two feet.
D.
A time schedule which is keyed to the operations map(s),
indicating:
(1)
When major phases of the proposed project are to be
initiated and completed;
(2)
When major site preparation activities are to be initiated
and completed;
(3)
When the installation of temporary and permanent vegetation
and drainage, erosion and sediment control facilities is to be completed;
and
(4)
The anticipated duration (in days) of exposure of
all major areas of site preparation before the installation of erosion
and sediment control measures.
E.
An estimate of costs of providing temporary and permanent
vegetation and drainage, erosion, and sediment control facilities
shall be prepared by applicant's engineer and confirmed by the
Town Engineer.
A.
Before any site preparation requiring a permit under § 425-7 of this chapter is commenced, eight copies of a permit application shall have been filed with the Secretary of the Planning Board, and this application shall have been approved and a permit shall have been granted pursuant to the provisions of this chapter.
B.
Upon filing an application for a permit, the applicant(s)
shall pay to the Town a fee according to the Fee Schedule. The fee
shall be deemed a reasonable sum to cover the costs of administration
and shall in no part be returnable to the applicant(s).
C.
The Town Planning Board, acting with recommendations
from the Town Engineer, Town Zoning Enforcement Officer, Superintendent
of Highways and the Genesee Soil and Water Conservation District shall
have the authority to grant or deny all permits pursuant to this chapter.
D.
Copies of the permit application shall be submitted
to the Town Planning Board. The Town Engineer, Town Zoning Enforcement
Officer and Superintendent of Highways shall submit recommendations
on the application to the Planning Board within 30 days of the date
of filing.
E.
The Town Planning Board may, upon its discretion,
conduct public hearings on permit applications, which hearings shall
be fixed at a reasonable time and shall be given notice by a newspaper
of general circulation in the Town at least 10 days prior to the date
thereof.
F.
The Town Planning Board shall grant or deny all permits
within 60 days of the date of filing of the application thereof, unless
the applicant and the Town Planning Board consent to a time extension.
G.
Prior to granting a permit, the Town Planning Board
shall determine that the request is in harmony with the purpose and
standards set forth in this chapter.
H.
In granting a permit, the Town Planning Board shall
fix a reasonable time limit for the termination of the permit and
may attach any conditions which it deems necessary to assure compliance
with the provisions of this chapter. The permit shall not exceed one
year in duration.
I.
Major modifications of the terms of approved permits
shall follow the same application, review and approval procedures
as those set forth in this section for the original permit.
J.
It shall be the responsibility of the Authorized Official
to inspect sites as frequently as necessary to assure compliance with
the terms of approved permits and the provisions of this chapter and
to submit written notification of any violations of these terms or
provisions to the Chairman of the Town Planning Board.
K.
If at any time during the effective period of a permit
or upon its expiration the terms of the permit are violated, the Zoning
Enforcement Officer may revoke the permit and may require that the
performance guarantee be forfeited to the Town. If the applicant shall
be unable to complete the project or any phase thereof within the
specified time, he shall, 30 days prior to the specified date of completion,
present in writing a request for an extension of time, setting forth
therein the reasons for the request. If in the discretion of the Town
Planning Board such an extension is warranted, the Board may grant
additional time for the completion of the work.
The Planning Board shall refer all developments
requiring a permit to the Genesee County Soil and Water Conservation
District (SWCD) and/or the Town Engineer, for their review as to the
acceptability of proposed drainage, erosion and sediment control measures
both during construction phases and after completion. Such review
shall be based upon the U.S. Soil Conservation Service TR-55 system
or an acceptable equivalent. All easements deemed necessary to maintain
either natural, or man-made, stormwater drainage, erosion and/or sediment
control measures shall be provided and plotted accordingly on the
subdivision plat, or other appropriate documents as deemed necessary
by the Planning Board.
The Town Planning Board may allow stormwater
runoff that is otherwise of unacceptable quality or which would be
discharged in volumes or rates in excess of those otherwise allowed
by this chapter, to be discharged into stormwater management facilities
off the site of development if each of the following conditions is
met:
A.
It is not practicable to completely manage runoff
on the site in a manner that meets the performance standards and design
criteria;
B.
The off-site drainage facilities and channels leading
to them are designed, constructed and maintained in accordance with
the requirements of this chapter;
C.
Adequate provision is made for the sharing of construction
and operating costs of the facilities. The developer may be required
to pay a portion of the cost of constructing the facilities as a condition
to receiving approval of the drainage plan;
D.
Adverse environmental impacts on the site of development
will be minimized;
E.
Use of regional off-site stormwater management facilities
does not eliminate the requirement that the first 1/2 inch of runoff
be captured and treated on-site;
F.
A request to use off-site stormwater management facilities
and all information related to the proposed off-site facilities should
be made a part of the developer's stormwater management plan.
Stormwater management facilities shall be maintained
either by an owner(s) or the Town Board.
A.
Stormwater management facilities maintained by an
owner(s) shall have adequate easements to permit the Town of Bergen
to inspect and, if necessary, to take corrective action should the
owner(s) fail to properly maintain the system. Before taking corrective
action, the Town of Bergen shall give the owner(s) written notice
of the nature of the existing defects. If the owner(s) fails within
30 days from the date of notice to commence corrective action or to
appeal the matter to the Bergen Town Board, the Town of Bergen may
take necessary corrective action, the cost of which shall become a
lien on the real property until paid.
B.
Stormwater management facilities may be dedicated
to the Town of Bergen for purposes of maintenance by mutual consent
and agreement of the developer(s)/owner(s) and the Town Board of the
Town of Bergen; and shall be dedicated to the Town of Bergen when
said facilities are determined to be appropriately a part of the Stormwater
Management District, or a comparably maintained regional stormwater
management system, or are unlikely to be adequately maintained by
the owner(s) of the property.
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 Bergen in its approval of the stormwater
management and erosion control plan, the Town of Bergen may require
the developer to provide, prior to construction, a performance bond,
escrow account certification, or irrevocable letter of credit from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Town of Bergen as the beneficiary.
The security shall be in an amount to be determined by the Town of
Bergen based on submission of final design plans, with reference to
actual construction costs.
B.
Where stormwater management and/or erosion and sediment
control facilities are to be operated and maintained by the developer
or owner of a development the Town of Bergen, the developer, prior
to construction, also may be required to provide the Town of Bergen
with an irrevocable letter of credit from an appropriate financial
institution or surety to ensure proper operation and maintenance of
all stormwater management and/or erosion control facilities for the
life of the project.
(1)
The letter of credit should remain in force until
such time as the developer or owner is released from any further responsibility
for operation and maintenance of such facilities by the Town of Bergen.
(2)
Per annum interest on the letter of credit will be
reinvested in the account until the surety is released from liability.
(3)
If the developer or owner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Town of Bergen may draw upon the account to cover
the costs of proper operation and maintenance.
A.
Nuisance. Any development activity that is commenced
without prior approval of a stormwater management plan or is conducted
contrary to an approved stormwater management plan as required by
this chapter, shall be deemed a public nuisance and may be restrained
by injunction or otherwise abated in a manner provided by law.
B.
Civil penalties.
(1)
In addition to or as an alternative 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 $999. Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues. In addition
to the aforementioned civil penalties, the Town may seek a temporary
or permanent injunction against any violator to prevent further construction
activities and/or violation of the stormwater law.
(2)
Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken
within a reasonable time after notice, the Town of Bergen may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
C.
Notice of violation.
(1)
When the Zoning Enforcement Officer determines that
developmental activity is not being carried out in accordance with
the requirements of this chapter, he shall issue a written notice
of violation to the owner(s) of the property. The notice of violation
shall contain:
(a)
The name and address of the owner(s) or applicant(s);
(b)
The street address, when available, or a description
of the building, structure, or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
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;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
A statement that the Zoning Enforcement Officer's
determination of violation may be appealed to the Town Board of the
Town of Bergen by filing a written notice of appeal within 15 days
of service of notice of violation;
(g)
A direction, if the Zoning Enforcement Officer
deems it necessary to prevent further violation of the provisions
of this chapter, a statement that the owner or applicant cease and
desist any further development activity that is in violation of this
chapter.
(2)
The notice of violation shall be served upon the person(s)
to whom it is directed either personally, in manner provided for personal
services of notices by the court of local jurisdiction, or by mailing
a copy of the notice of the violation by certified mail, postage prepaid,
return receipt requested to such person at his or her last known address.
(3)
A notice of violation issued pursuant to this section
constitutes a determination from which an administrative appeal may
be taken to the Town Board, Town of Bergen.
Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of the disapproval
of a stormwater management and erosion control plan, issuance of a
written notice of violation, or an alleged failure to properly enforce
the law in regard to a specific application, shall have the right
to appeal the action to the Town Board, Town of Bergen. The appeal
shall be filed in writing within 20 days of the date of official transmittal
of the final decision or determination to the applicant, shall state
clearly the grounds on which the appeal is based, and shall be processed
in the manner prescribed for hearing administrative appeals following:
A.
Hearing of and decision upon appeal. The Town Board
shall fix a reasonable time for the hearing of the appeal and give
due notice thereof to the parties, and not less than 10 days prior
to the hearing date shall publish such notice at least once in the
official newspaper of the Town and decide the same within 60 days
after the final hearing. Upon the hearing, any party may appeal in
person or by agent or by attorney. The Town Board may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and shall make such order, requirement,
decision or determination as in its opinion ought to be made in the
premises, and to that end shall have all the powers of the officer
from whom the appeal is taken. Where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of any such law, the Town Board shall have the power in passing upon
appeals, to vary or modify the application of any of the regulations
or provisions of such ordinance relating to the use, construction,
structural changes in, equipment or alteration of buildings or structures,
or the use of land, so that the spirit of the law shall be observed,
public safety and welfare secured and substantial justice done.
The Town Planning Board may grant a written
variance from any requirements of this chapter using the following
criteria:
A.
There are special circumstances applicable to the
subject property or its intended use; and
B.
The granting of the variance will not:
(1)
Measurably increase or decrease the rate or volume
of surface water runoff;
(2)
Have a measurable adverse impact on a wetland, watercourse
or water body;
(3)
Measurably contribute to the degradation of water
quality; and
(4)
Otherwise measurably impair attainment of the objectives
of this chapter.
This chapter shall become effective on August
1, 1992.
