[Adopted 3-7-2000 by L.L. No. 4-2000]
This article, as adopted by the Town of Penfield, shall be known
as the "Stormwater and Erosion Control Law."
A.
The Town
of Penfield finds that uncontrolled drainage and runoff associated
with land development or redevelopment has a significant impact upon
the health, safety, and welfare of the community. The impacts include,
but are not limited to, the following:
(1)
Stormwater runoff can carry pollutants into receiving water bodies,
degrading water quality.
(2)
The increase in nutrients in stormwater runoff, such as phosphorus
and nitrogen, accelerates eutrophication of receiving waters.
(3)
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing streambank erosion and
sedimentation.
(4)
Construction requiring land clearing and the alteration of natural
topography tends to increase erosion.
(5)
Sedimentation 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 allows 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 loss can result from these adverse impacts on
community waters.
(9)
The obstruction of flows through construction or reconstruction,
backfilling, excavation and refuse disposal.
(10)
The change in the slope, roughness, or distance of travel to
the ground or existing water bodies increases erosion potential or
reduces capacity of land to properly convey stormwater.
B.
It is the
purpose and intent of this article to protect, maintain and enhance
the short-term and long-term health, safety, and general welfare of
the citizens of the Town of Penfield. This article has the following
objectives:
(1)
Prevent increases in the magnitude and frequency of stormwater runoff
in order to prevent an increase in flood flows and the hazard and
costs associated with flooding.
(2)
Prevent decreases in groundwater recharge and stream base flow so
as to maintain aquatic life, assimilative capacity, and potential
water supplies.
(3)
Maintain the integrity of stream geometry so as to sustain the hydrologic
function.
(4)
Control erosion and sedimentation so as to prevent its deposition
in streams and other receiving water bodies.
(5)
Facilitate the removal of pollutants in stormwater runoff so as to
perpetuate the natural biological functions of streams.
(6)
Secure multiple community benefits including, but not limited to,
groundwater replenishment, open space protection, and increased recreational
opportunities through integrated land use planning,
A.
The design and construction of drainage systems shall be such that
watercourses traversing the development and natural water emanating
from within the development will be carried through and off the development
without adversely affecting overall runoff rate or quantity or water
quality, or injury to improvements, building sites or buildings existing
or to be installed downstream within or adjacent to the development.
Off-site drainage water entering the development shall be received
and discharged at locations and in a manner consistent with requirements
contained herein. The design of drainage facilities within the development
shall be such that they will conform to the ultimate drainage requirements
of the land within the development watershed. The discharged flow
at the downstream area of the development shall be conducted in drainage
facilities so that the flow effect shall be restored to predevelopment
conditions prior to leaving the development area or reasonably distant
therefrom.
[Amended 12-16-2015 by L.L. No. 3-2015]
B.
Natural drainage patterns shall be employed in preference to rechanneling
streams or watercourses. In no case shall work be performed which
directly or indirectly affects natural drainage patterns prior to
the granting of approval by the Town, county and state agencies having
jurisdiction.
C.
No domestic and industrial sewage as defined by the Sewer Ordinance of the Town of Penfield (Chapter 180 of the Town Code) shall discharge to any stormwater drainage systems as herein defined.
D.
No chemicals, fuels, lubricants or other pollutants shall be disposed
of or deposited into any streams, drainage or water supply systems
without being collected or treated as required by the Town of Penfield
or other authorized review agency.
E.
Fill and refuse shall not be disposed of or deposited upon or immediately
adjacent to any wetland, floodplain or drainageway, except where permitted.
F.
Man-made structures and landscaping shall be placed so as not to
block or restrict, in any manner, natural drainage patterns, except
where otherwise permitted.
G.
Where land excavations or filling has been permitted, provision shall
be made for the safe conduct of surface water across the face of the
slope, for subsurface drainage as necessary and to prevent materials
from washing across or upon the property of another.
H.
Sedimentation basins shall be employed during or after construction
as required by the Town to prevent siltation or turbidity in watercourses
or drainage systems.
I.
Surface waters and drainage, where identified as being significant
sources of groundwater replenishment and where such resources are
being utilized as a potable water supply, shall not be revised or
altered except by approval of the Town.
J.
Any of the above requirements may be waived by presentation of sufficient
evidence as determined by the Town Engineer.
Except as hereinafter provided, it shall be unlawful for any
person, firm, entity or corporation to:
A.
Modify the topography or surface characteristics of any area greater
than 6,000 square feet that affects the rate of flow, water quality,
or erosive potential of the area modified or neighboring properties,
unless the action has been approved by the Town official or board
having jurisdiction. Recognized agricultural procedures in active
agricultural areas as defined by the New York State Division of Agriculture
and Markets are exempt from the regulations herein defined.
B.
Place, deposit or permit to be placed or deposited any debris, fill,
sand, stone or other solid materials of any kind or nature or construction
of any kind into or across any watercourse, including but not limited
to walls, dams, fences or other restrictive materials, culverts, pipes
or other drainage systems that may cause the obstruction or alternation
of flow through the area.
[Amended 12-16-2015 by L.L. No. 3-2015]
C.
Fill, obstruct, dam, divert or otherwise change or alter the natural
or artificial flow of waters or drainage or the intensity or quantity
of flow through any stream, ditch, pipe, culvert, watercourse or other
improvement or drainage system. This may include, but is not limited
to, structures, fences, retaining walls, landscaping, pools, or other
appurtenances as determined by the Town.
[Amended 12-16-2015 by L.L. No. 3-2015]
D.
Concentrate flow that creates an erosive condition to downstream
channels or creates downstream flooding.
A.
Stormwater management and control plans shall be prepared and reviewed
for all land development projects and construction activities when
it is determined that stormwater runoff and/or erosion will have an
effect on the environment. This includes, but is not limited to, the
following activities:
[Amended 12-16-2015 by L.L. No. 3-2015]
B.
Exemptions. The following activities are exempt from this article:
All preexisting obstructions or deposits or alterations or diversions
of the natural flow of water or the intensity or quality of flow through
any watercourse or drainage system which cause the inundation of real
property buildings or other premises; or, in the opinion of the Town,
constitute an undue burden upon the drainage system or hamper the
proper present or future course of development of the drainage system;
or, in the opinion of the Town, presently constitute or in the foreseeable
future will constitute a danger of hazard to the well being, safety
or general welfare of the residents of the Town or any property located
therein; may be removed or corrected by the Town upon 10 days' notice
by the Town. The Town will endeavor to replace improvements necessary
for essential use of the property, such as driveway culverts.
This article is intended to support the requirements established
by the following:
A.
Town of Penfield development and construction specifications.
B.
Town of Penfield Drainage Policy.
C.
Irondequoit Creek Watershed Collaborative Recommendations for Comprehensive
Stormwater Management.
[1]
Editor's Note: See the Drainage Design Standards available
on the Town website: www.penfield.org.
A.
Any person, firm, corporation or entity found to be violating any
of the provisions of this article shall be served with a written notice
by the Town stating the nature of the violation and providing a thirty-day
time limit for the satisfactory correction thereof, subject to appeal
to the Town Board within 10 days.
B.
Any person, firm, corporation or entity who or which shall continue any violation beyond the time limit provided for in Subsection A shall be guilty as follows:
(1)
For a first offense of a violation, punishable by a fine of not more
than $250 or by imprisonment not to exceed 15 days, or by both such
fine and imprisonment; and
(2)
For a second offense occurring within one year after the conviction
of a first offense, of a violation, punishable by a fine of not more
than $1,000 or by imprisonment not to exceed 15 days, or by both such
fine and imprisonment; and
[Amended 12-16-2015 by L.L. No. 3-2015]
(3)
In addition to the foregoing, by a penalty of $500 to be recovered
by the Town of Penfield in a civil action.
(4)
Each and every day that a violation of any of the provisions of this
article exists shall constitute a separate violation.
C.
Any person, firm, corporation or entity violating any of the provisions
of this article shall become liable to the Town for any expense or
loss or damage occasioned the Town by reason of such violation. The
Town shall have the right to assess all such expenses against the
land on which the violation occurred and to bring legal action to
recover such expenses.
The approval of plans for proposed drainage systems and flood
hazard prevention requirements shall not constitute a representation,
guaranty or warranty of any kind or nature by the Town of Penfield
or by an officer or employee thereof of the safety, operation, adequacy
or intent of the proposed facilities and shall create no liability
upon or cause for action against such public body, officer or employee
for any damage that may result from construction pursuant thereto.
