[HISTORY: Adopted by the Town Board of the Town of Alden 9-7-1976 by L.L. No. 4-1976 (Ch. 9A of the 1981 Code). Amendments noted where applicable.]
This local law shall be known as the "Drainage Control Law."
A.
The provisions herein relate to any development which affects the
rate or flow of surface water runoff, alters above- or subsurface
water tables and aquifers or modifies the quality of above- or subsurface
streams.
B.
This chapter is intended to maintain adequate and efficient drainage,
to assist in preventing flooding, to promote effective and desirable
conservation practices, to maintain natural water resources and to
preserve existing public and private property equities.
As used in this chapter, the following terms shall have the
meanings indicated:
A water-bearing rock or soil strata.
A network of artificial conduits and pipes constructed to
convey the runoff of natural waters.
Erie County.
The actual owner or owners of the land and/or a person, firm
or corporation which shall develop or use land within the Town in
such a manner that it in any way affects the storm- or surface water
drainage characteristics of the property developed or used. The term
"developer" shall include municipal, charitable and educational corporations,
institutions, associations and governmental agencies.
Any improved land use, including residential, commercial,
industrial, institutional or recreational.
A permanent right-of-way granted by the owner to the Town
or other entity providing unhindered access to the banks and channel
of streams and drainage systems.[1]
A report entitled "Drainage Study, Town of Alden, August
1966."
A network consisting of any combination or type of open channels
and enclosed artificial facilities employed to convey the runoff of
natural waters.
The boundary of a maintenanceway easement adjacent to a drainage
channel within which no building or structure shall be erected, or
trees, bushes or other plantings planted or allowed to grow, which
shall interfere with the maintenance of the drainage channel.
Town Engineer or other agent of the Town designated by the
Town Board.
The quantity of water which moves past a given point in an
increment of time.
A network of natural streams, constructed channels and ditches
employed to convey the runoff of natural waters.
The Town of Alden Planning Board.
Soil Interpretations, Town of Alden, August 1974.
That portion of natural precipitation which moves across
the land surface via channels, ditches, etc., to permanent watercourses.
The Town of Alden.
The Town of Alden Town Engineer.
The level below which the soil is saturated with water.
Lands and submerged lands commonly called "swamps" or "marshes"
which support aquatic or semiaquatic vegetation, plants or brush.
[Amended 12-3-2007 by L.L. No. 4-2007]
A.
Developments shall be protected from flood hazard and inundation
by stormwater, springs and other surface waters. 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 injury to
improvements, building sites or buildings existing or to be installed
within or adjacent to the tract. Drainage water entering the development
shall be received and discharged at locations and as nearly as possible
in the manner that existed prior to construction of the drainage facilities
within the development. The design of drainage facilities within the
development shall be such that they will conform to the ultimate drainage
requirements of the land uses within the development watershed. The
discharged flow at the downstream area of the development shall be
conducted in drainage facilities so that the flow effects shall be
restored as near to predevelopment conditions as possible prior to
leaving the development area or reasonably distant therefrom.
C.
Drainage easements and additional areas, as dedicated under these
provisions, need not be fenced, but shall be identified by monuments
acceptable to the Town Engineer, and if directed by the Town Engineer,
set at an angle point and at such other locations which allow intervisibility.[2]
D.
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, all as determined by the
Town Engineer, shall not be revised or altered except by approved
permit.[3]
E.
The requirements of the Town of Alden "Law to Prohibit Illicit Discharges,
Activities and Connections to Separate Storm Sewer System"[4] and the Town of Alden "Stormwater Management and Erosion
and Sediment Control Law"[5] of the Alden Town Code must be followed. Whenever the
requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
Except as hereinafter provided, it shall be unlawful for any
person, firm, entity or corporation to:
A.
Modify the topography or surface qualities of any area not covered
by other Code provisions so that the water retention characteristics
of the area are modified, unless the action has been approved by a
permit granted as herein provided. Recognized agricultural procedures
in areas zoned for such purpose are exempted from the regulations
herein defined.[1]
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 stream, ditch, culvert, pipe, watercourse
or other drainage system.[2]
C.
Construct and/or place any ditch, pipe, culvert or artificial watercourse
of any kind or nature which shall collect and direct the flow of natural
surface waters or drainage, or increase in intensity or quantity the
flow of surface waters or drainage from paved surfaces, structures,
roads or improvements directly into any stream, ditch, culvert, pipe
or watercourse or other drainage system unless the action has been
approved by a permit as herein provided.[3]
D.
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 unless the action has been approved
by a permit as herein provided.[4]
A.
Hydrologic.
(1)
The drainage channels for watercourses numerically identified in
the Town Drainage Study shall be provided to accommodate not less
than the minimum flows indicated in the drainage report. These values
shall be independently verified by their users using hydrologic technology
recommended herein, and the hydrologic analysis thereof shall become
a part of the supporting data of the proposed drainage plans. The
minimum flow requirements for the ultimate channel of the watercourses
shall be determined in accordance with not less than the following
frequencies:
(a)
Major watercourses. Major watercourses are defined as those
with a tributary drainage area between 20 square miles and four square
miles. Such watercourses shall be designed for an average recurrence
interval of 50 years in the determination of the ultimate channel.
(b)
Secondary watercourses. Secondary watercourses are defined as
those with a tributary drainage area of between one and four square
miles. Such secondary watercourses shall be designed for an average
recurrence interval of 25 years in the determination of the ultimate
channel.
(c)
Minor watercourses. Minor watercourses and drainage systems
are defined as those with one square mile or less of tributary drainage
area. Such watercourses and drainage systems shall be designed for
an average recurrence interval of 10 years in the determination of
the ultimate channel.
(2)
The capacity of the channel that will occupy the ultimate drainage
easement within the development shall be based upon both the existing
degree and anticipated rate of urbanization within the development
watershed and the type of development possible under the Zoning Law
of the Town, as the same may be modified from time to time.[1] Wherever a development may be located within a watershed
undergoing initial stages of urban development, the proposed drainage
system shall adequately pass the flows that would develop from continued
urbanization within the useful life of the proposed channel improvement
or system. Proposed drainage systems within developments located in
watersheds that may be in the advanced stages of urbanization shall
be designed and constructed to pass the project design flow determined
for the ultimate urbanization of the tributary watershed.[2]
B.
Hydraulic.
(1)
The hydraulic design of development drainage systems shall be in
accordance with modern standard procedures, endorsed by the American
Society of Civil Engineers.
(2)
Hydraulic design shall conform to the latest professional manuals
dealing with the many facets which constitute a comprehensive drainage
system. Reference to manual sources herein are for only the principal
features of drainage systems. These do not imply any limitations in
the use of such references, but rather should be supplemental with
all essential detailed references to assure sound design.
(3)
The hydraulic design of closed drainage systems shall conform in
basic details to American Society of Civil Engineers Manual of Engineering
Practice No. 37 and such applicable manuals that would supplement
or integrate advanced and proved hydraulic principles and basic assumptions.
Enclosed drainage systems shall be designed to provide complete drainage
for all elements within the development and shall include all appurtenances
essential for the adequate performance thereof. The size of conduits
shall be selected at grades which produce a minimum velocity of three
feet per second when flowing full.
(4)
The hydraulic design of open drainage systems shall conform in principle
and basic details to the United States Bureau of Public Roads Hydraulic
Design, Series Nos. 1, 3, 5 and 6, and such commercially published
modern open-channel hydraulic references that would in the public
interests assure sound design.
(5)
A development grading plan similar to the Federal Housing Administration
Grading Plan, indicating a contour interval suitable for the map scale,
shall be provided to show detailed comprehensive and efficient surface
drainage for all lots within and immediately adjacent to the development.
C.
Structural. Catch basins, manholes, inlet structures and other appurtenances
placed within the development shall conform to standards approved
by the Town Board. The structural design of all drainage appurtenances
shall be subject to the approval of the Town Engineer and shall conform
to standard specifications adopted by the Town Board.
(1)
Channels. The minimum center-line radius of constructed curved channels
shall be at least three times the bottom width of the channel for
subcritical flow. The minimum bottom width of constructed channels
shall be four feet. The creation of excessive numbers of curves in
open channels shall be avoided by reason of the increase in friction
loss and the potential erosion due to spiral flow. Outer bank protection,
especially at the downstream end of the curve and to a lesser degree
on the inner bank at the beginning of the curve, may be required by
the Town Engineer. Earth channels constructed within the development
shall have side slopes of one on four or flatter, unless otherwise
approved by the Town Engineer.
(2)
Enclosed conduits. Except for adequate natural watercourses, all
storm drainage within the development which is capable of being transmitted
in a thirty-six-inch diameter pipe shall be carried in an enclosed
conduit. This size may be varied, either increased or decreased, according
to topographic conditions or an economic analysis of the cost of the
conduit against an equivalent open channel, including the occupied
land value, provided that the ultimate selection is in the public
interest. The minimum conduit size shall be 12 inches in diameter.
Manholes shall be provided at all changes in grade and direction.
Spacing of manholes and minimum cover of conduit shall conform to
standard practice endorsed by the American Society of Civil Engineers.
Inverted siphons shall not be permitted except for temporary structures.
All existing obstructions, dams, diversions, construction of
any kind, deposits of debris, fill, sand or other solid material,
or other alterations or diversions of the natural flow of water or
the intensity or quality of flow, through, across or to any stream,
ditch, culvert, watercourse or other drainage system, which cause
the inundation of real property, buildings or other premises; or,
in the opinion of the Town Engineer, 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
Engineer, presently constitute or in the reasonable foreseeable future
will constitute a danger or hazard to the well-being, safety or general
welfare of the residents of the Town or any property located therein;
or constitute, in the case of wild growth of natural vegetation or
brush, an obstruction which may cause flooding, inundation or diversion
of water upon other premises; shall be removed or corrected by the
owners of the premises upon which said obstruction, dams, diversions,
construction deposits or other alterations of the natural flow of
water are situated within 60 days after written notice to remove or
correct same by the Town Engineer; subject, however, to appeal by
such owner to the Town Board within 60 days of such notice, or immediately
if determined by the Town Engineer to be an immediate threat to life
or property if left unattended.
A.
Easement for enclosed conduits and appurtenances. An easement not
less than 20 feet in width, sufficient to contain the enclosed conduit
and appurtenances thereof and to provide working space for personnel
and equipment for the servicing thereof, shall be indicated on the
map of the development and designated as follows: "Drainage Easement
to Town of Alden," or to others as deemed appropriate by the Town.
Drainage easements for enclosed conduits shall, insofar as possible,
be placed along or adjacent to lot boundary lines in a parallel and
straight alignment.[1]
B.
Easement for natural watercourses.
(1)
Natural major watercourses which traverse a development shall be
preserved by an easement of sufficient width, including overbanks,
which will adequately pass the project design flow. The gross allowable
depth of flow shall not create a flood hazard to existing or proposed
developments and improvements. The channel and overbank widths, together
with a minimum twenty-foot continuous maintenanceway on each side,
shall constitute the encroachment limits with a minimum width as determined
by the Town. Wherever such natural watercourses are endowed with significant
natural beauty and have adequate capacity, or have been determined
to have value for fish and wildlife, the developer may dedicate widths
in addition to those required above on the map of the development
with the following designation: "Easement to Town of Alden," if so
required or agreed upon by the Town.[2]
(2)
In natural minor and secondary watercourses which contain insufficient
waterway area to convey the flow from the ultimate development, but
which may prove deficient only at infrequent intervals and locations,
and where minor improvements could provide an adequate channel and
still preserve in the main the natural channel beauty or fish and
wildlife values, the developer may make such minor channel improvements
as are required to provide a channel which would otherwise meet the
conditions of these regulations. However, the developer shall dedicate
the full width required to contain the ultimate channel, together
with a minimum twenty-foot-wide continuous maintenanceway on one side
of the ultimate channel. When the water surface exceeds 20 feet in
width, the continuous maintenanceway shall be 20 feet wide at each
side. The outside of the continuous maintenanceway shall constitute
encroachment limits. Additional widths of scenic areas and areas of
natural wetlands, which for economic reasons or limited suitability
would not warrant improving for urban development, may be dedicated
by the developer in addition to those above. Areas offered for dedication
to the Town as drainage easements, if considered of special interest
to the Town by the Town Board upon review of the Planning Board, may
be considered as dedication for municipal purposes for the purpose
of § 281 of the Town Law and its authority thereunder.[3]
C.
Easement for constructed channels and appurtenances. Earth channels
constructed within the development shall have sufficient easement,
dedicated to contain the top width of the channel plus a minimum twenty-foot
continuous maintenanceway on one side thereof for channels less than
20 feet in width at the water surface. A twenty-foot continuous maintenanceway
shall be provided on both sides of channels with a water surface width
greater than 20 feet. The ultimate channel shall meet the flow requirements
for the development of the tributary drainage area. The allowable
depth of flow to pass the project design flow shall not create a flood
hazard to existing and proposed developments and improvements. A minimum
of one foot freeboard above the design hydraulic gradient shall be
provided to contain the effects of flow transmission factors. The
outside of the continuous maintenanceway shall constitute encroachment
limits. The easements for constructed channels shall be indicated
on the map of the development and designated as follows: "Easement
to Town of Alden," or to others as deemed appropriate by the Town.[4]
Before review by the Planning Board of a development plan, the
developer shall submit drainage plans with a report containing sufficient
data for the Town Engineer to check the feasibility of the drainage
system as proposed by the developer. The following data shall be included:
B.
Hydraulic.
(1)
The plan and profile of all drainage systems shall be provided.
(2)
Sizes and types of drainage improvements, including special structures,
typical sections, easements, width and fencing.
(3)
When required, supporting calculations for upstream and downstream
channel capacities as they affect water surface levels and backwater
within the development. Such calculations shall be supported by such
additional survey information as may be required to determine profile
and cross section of the upstream and downstream channel reaches of
the development under consideration.
(4)
A development grading plan prepared to suitable contour intervals
with grading details to indicate proposed street grades and elevations,
building site elevations and surface elevations at critical points
throughout the development, similar to the Federal-Housing-Administration-type
grading plan.
A.
The final construction plans for drainage disposal within the development
shall conform to the provisions of these regulations, subsequent amendments
thereto and any particular conditions as required by the Town Engineer
in approving the proposed plans and supporting data thereof. The construction
plans for the drainage requirements shall be approved by the Town
Engineer prior to the construction of any drainage facilities within
the development.
C.
All drainage construction shall be subject to adequate inspection.
Any field changes which affect the intent of these provisions shall
have the prior approval of the Town Engineer.
A.
Permit applications shall be submitted to the Building Department,
together with such supporting information and data as may be required.
Such information shall include:
B.
Preliminary review of the application shall be made by the Planning
Board within 45 days of the receipt of the required information. Review
may require consultation with the applicant and Town Engineer.
C.
Based on definition of the drainage system, the proposed change,
the design and construction of the change and the Town Engineer's
recommendations, the Planning Board will act within 15 days to refer
comments to the Town Board to approve, disapprove or approve conditionally
the issuance of a permit. Upon approval or conditional approval by
the Town Board, the Town Board shall direct the Building Inspector
to issue a permit subject to the following condition:
(1)
The Town Engineer shall monitor and approve the drainage change.
B.
Any person, firm, corporation or entity who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $250 for each violation. Each day in which such condition shall continue shall be deemed a separate violation.[1]
C.
Any person, firm, corporation or entity violating any of the provisions
of this chapter shall become liable to the Town for any expense or
loss or damage occasioned the Town by reason of such violation.
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 Alden, 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.
