[HISTORY: Adopted by the Town Board of the
Town of Richmond 3-10-2015 by L.L. No. 8-2015. Amendments noted where
applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 6.
Reimbursement of fees — See Ch. 27.
Planning Board and Zoning Board of Appeals — See
Ch. 50.
Building code administration — See Ch. 101.
Flood damage prevention — See Ch. 120.
Stormwater management, soil erosion and sedimentation control — See Ch. 171.
Water — See Ch. 193.
Zoning — See Ch. 200.
The purpose of this chapter is to mitigate the potentially adverse
effects of sediment-laden stormwater runoff resulting from soil disturbance
on steep slopes, protect fragile and environmentally sensitive steep
slope areas with grades of 15% or more, safeguard the water quality
of Honeoye Lake as well as its tributaries, and promote the health,
safety and general welfare of the Town of Richmond. This chapter is
also intended to ensure that land development activities are consistent
with the Comprehensive Plan of the Town of Richmond. The Town may
also, at its discretion, enter into an agreement for service with
the Ontario County Soil and Water Conservation District for steep
slope protection and stormwater management, soil erosion and sediment
control.
As used in this chapter, the following terms shall have the
meaning indicated:
Licensed professional engineer, CPESC-certified professional
in erosion and sediment control or landscape architect.
Any physical alteration of a site or area, including, but
not limited to, providing access to a site, the clearing of vegetation,
grading, earthmoving, altering landforms, or construction of a structure
on the land. Includes land development activity that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land development activities may take place at different
times on different schedules (e.g., subdivision).
The Honeoye Lake Watershed shall consist of all land, south
of U.S. Route 20A, within the Town of Richmond, abutting Honeoye Lake
or any tributary, gulley, stream, and watercourses which carry runoff
and sedimentation into Honeoye Lake. The most recent U.S. Geological
Survey (USGS) series topographical maps for the Honeoye and Honeoye
Lake quadrangles will be used to determine which properties affected
by this chapter. The topographical map will be available to the public
to view.
A general information source available for the Code Enforcement
Officer to determine property lines and official watercourses. ONCOR
is a cooperative project between the Ontario County Planning Department,
Real Property Tax, Information Services, and the County Clerk's
office.
Preparing land for construction or reconstruction, such as
clearing, grading and filling, and/or the building of structures,
including driveways, retaining walls and/or drainage systems.
MINOR SOIL DISTURBANCESoil disturbance of 500 square feet or less.
MAJOR SOIL DISTURBANCESoil disturbance greater than 500 square feet.
A drawing or sketch prepared by the applicant or his/her
agent that identifies pre-development and post-development conditions
on a site and outlines the erosion control measures to be used. The
plan shall substantially follow Appendix E (Erosion and Sediment Control
Plan for Small Home Site Construction) of the New York Standards and
Specifications for Erosion and Sediment Control. The concept plan
shall be adapted to fit a steep slope site, substantially following
the Ontario County Soil and Water Conservation District's booklet
Soil Erosion Control for Single-Family Dwelling Construction, as may
be amended, and with the most recent version of the NYSDEC Standards
and Specifications for Erosion and Sediment Control, pages 5B.49-5B.53
(Standards and Specifications for Landgrading).
Ground areas with a slope of 15% or greater within the boundaries
of the Honeoye Lake Watershed in the Town of Richmond, as defined
by the official Town of Richmond Steep Slopes Map. The map will be
revised as new topographic data becomes available. Professional verification
of steep slopes and/or the dimension of the area of disturbance shall
be provided by a CPESC-certified professional in erosion and sediment
control, landscape architect, or licensed surveyor.
A plan for controlling runoff and reducing erosion from a
site during and after construction activities.
Public and private services, including, but not limited to,
public water and sewer connection, private wells and septic systems,
and telephone, natural gas, electric, and cable television services.
A.
It shall be unlawful to create any Soil Disturbance, other than an
exempt activity as set forth in this chapter, on any steep slope,
within the boundaries of the Honeoye Lake Watershed in the Town of
Richmond, unless and until a steep slope permit is granted pursuant
to the requirements of this chapter. To the extent practicable, Town
steep slopes permit reviews shall run concurrently and be coordinated
with other local approvals. This Steep Slope Law overrides the requirements
of Stormwater Management and Soil Erosion and Sedimentation Control
on steep slope sites.
B.
Exempt activities. The following activities on steep slopes do not
require the issuance of a steep slope permit:
(1)
Single-family (home, house, or dwelling), but shall comply with the
applicable erosion control measures as defined by Stormwater Management,
Soil Erosion and Sedimentation Control.[1] The applicant shall submit a Soil Erosion and Sediment
Control Concept Plan, following the most current version of Appendix
E (Erosion and Sediment Control Plan for Small Home Site Construction)
of the New York Standards and Specifications for Erosion and Sediment
Control. The concept plan shall be adapted to fit a steep slope site,
substantially following the Ontario County Soil and Water Conservation
District's booklet Soil Erosion Control for Single-Family Dwelling
Construction, as may be amended, and with the most recent version
of the NYSDEC Standards and Specifications for Erosion and Sediment
Control, pages 5B.49-5B.53 (Standards and Specifications for Landgrading).
The plan shall be reviewed by the Stormwater Management Officer prior
to issuance of a building permit and any deficiencies can be addressed
in that review.
(2)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(3)
Landscaping and horticultural activities in connection with an existing
noncommercial structure.
(4)
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
(5)
Emergency situations, as determined by the Town Code Enforcement
Officer, where the disturbance of steep slopes is required to protect
persons or property from imminent danger.
(6)
Farming activities using sound management practices as defined by
the Sound Agricultural Practices Guidelines of the New York State
Department of Agriculture and Markets.
(7)
If the slope of the site can be documented as less than 15%, as indicated
in ONCOR (Ontario County Online Resources), no permit is required.
(8)
Governmental activities to the extent such activities are exempted
by law.
(9)
Routine repair and maintenance of an existing driveway.
(10)
Installation, repair or replacement of aboveground and underground
utilities.
A.
An application for a steep slope permit (minor and major soil disturbances)
shall be made on forms furnished by the Code Enforcement Officer and
shall include the following information:
(1)
Ten copies of a site plan (with a minimum of two large copies and
the eight copies may be reduced to ledger size, 11 inches by 17 inches)
drawn at a scale of not less than one inch equals 30 feet, prepared
by a licensed professional engineer, landscape architect, or licensed
surveyor, CPESC-certified professional in erosion and sediment control
or equivalent, showing the lot or lots containing steep slopes and
the following:
(a)
All existing and proposed natural or artificial drainagecourses.
(b)
The proposed location of all structures, including drainage,
septic systems, wells, waterlines, and driveways.
(c)
The location of the proposed area of disturbance and its relation
to adjacent properties, together with buildings, structures, roads,
affected trees and affected wetlands, if any, within 100 feet of the
boundaries of said area.
(d)
Existing topography of the proposed area of disturbance at a
contour interval of not more than two feet. Contours shall be shown
for a distance of 50 feet or greater beyond the limits of the proposed
area of disturbance, if determined necessary by the CEO, in order
to fully evaluate the application.
(e)
Proposed final contours and proposed surface materials or treatment
at a maximum contour interval of two feet.
(f)
Stormwater management: the detail of any surface or subsurface
runoff for sizing of drainage structures (i.e., culverts and diversions).
(g)
Any special reports deemed necessary by the CEO to evaluate
the application, including but not limited to geologic or hydrologic
studies or capacity evaluation.
(2)
A written narrative explaining the nature of the proposal, including
any future development proposals for the property and whether alternative
locations exist for the proposed activity.
(5)
The application shall be accompanied by:
(a)
A fee in an amount as determined, from time to time, by resolution
of the Town Board; and
(b)
Fees for engineers' and attorneys' services in an
amount determined by the Town Board as sufficient to defray the estimated
costs of such services rendered to the Town in connection with the
application. The applicant shall deposit with the Town Clerk the amount
estimated to reimburse the Town for such costs. Any amount remaining
after payment to the Town Clerk for the services rendered shall be
returned to the applicant upon final approval or upon withdrawal if
the application is withdrawn.
B.
Minor soil disturbance(s).
(1)
The Code Enforcement Officer is hereby designated to administer and
implement this chapter for minor soil disturbances. The Code Enforcement
Officer may determine in some cases that the minor steep slope application
must be reviewed by the Ontario County Soil and Water Conservation
District or other certified professional. (In such case the permit
review shall be suspended pending completion of the review.)
C.
Major soil disturbance(s). The Code Enforcement Officer is hereby designated to administer and implement this article by granting or denying steep slope permits for all development in connection with a subdivision application. Steep slope applications involving soil disturbances, in accordance with chapter 173 for subdivision of land and § 200-69 for site plan approval, shall be reviewed and approved by the Town Planning Board.
(1)
For major soil disturbances, the CEO may refer each application for
a steep slope permit to the Ontario County Soil and Water Conservation
District or other certified professional for review, who shall submit
a written report to the CEO. If a referral is made, he/she will request
a written report containing the following items:
(2)
During its review of the application, the CEO shall:
(a)
Review the application to determine that the requirements of
this chapter have been satisfied and that the application is complete.
(b)
Review each complete application and approve, approve with conditions
or deny the application, in accordance with this chapter.
(c)
If deemed necessary, require posting of a performance bond or
other security as a condition of approval, the amount of such bond
or other security to be approved by the CEO, with input from the Town
Engineer.
(3)
In granting a steep slope permit, the CEO shall find that the following
conditions have been met:
(a)
The proposed activity is in accordance with the legislative
intent and purpose stated in this chapter.
(b)
The proposed activity will preserve and protect existing streams,
lakes, floodplains and wetlands and promote sound development to protect
open space.
(c)
The proposed activity will not adversely affect existing or
proposed drainage structures, wells, or sewage disposal systems.
(d)
The proposed activity will not adversely affect any Town roads
and adjacent properties.
D.
In a development situation that requires material removed from the
site or hauled in over Town roads, the Highway Superintendent shall
review the engineered plan before work commences. In some cases it
may be necessary to haul material in or out during certain times of
day or year.
E.
After a steep slope permit is approved:
(1)
All permits shall expire on completion of the work specified therein
and approved thereby. Unless otherwise indicated, the approved permit
shall be valid for a period of one year from the date of issuance.
The CEO may grant a six-month extension of this period.
(2)
A pre-construction meeting is required. The contractor must meet
with the Code Enforcement Officer, Ontario County Soil and Water,
and the Highway Superintendent at least seven days before work begins.
(3)
Following completion of the work, the applicant shall submit a certification
signed by the property owner, the excavation contractor, the certified
professional and the Code Enforcement Officer that the completed work
meets the requirements of the permit. The Town Code Enforcement Officer,
with the technical assistance of the Ontario County Soil and Water
Conservation District, shall verify that the work has been completed
in accordance with the permit. To document compliance, photographs
taken by the Town Code Enforcement Officer of the finished area disturbed
shall be made a permanent part of the permit file.
Any alteration to an already approved steep slope plan must
be reviewed and agreed to by the following personnel: Code Enforcement
Officer, Ontario County Soil and Water, plan designer, and Highway
Superintendent (if applicable). An updated plan, signed and dated,
showing the modifications must be submitted to the Town offices by
the plan designer. Alterations to an already approved plan involving
minor and major soil disturbances shall be reviewed and approved by
the Code Enforcement Officer.
A.
The Town Board shall, from time to time and by resolution, establish appropriate fees for the review and processing of the permits under this chapter. Said fees, pursuant to Chapter 27 of the Town Code, may include recovery and reimbursement for all administrative costs, expenses and disbursements incurred by the Town of Richmond in the processing of municipal applications. The fee schedule adopted shall be available from the Clerk of the Town of Richmond.
A.
Any person, firm, partnership, corporation, or other party who violates
any provision of this chapter shall be guilty of a violation and subject
to a fine of not less than $350 nor more than $700 for the first offense.
Any subsequent violation of the provisions of this chapter shall be
an unclassified misdemeanor, and upon conviction, such person shall
be subject to a fine of not less than $700 nor more than $1,000 or
imprisonment not exceeding six months, or both such fine and imprisonment.
Any penalties and/or fines that are unpaid by the party or parties
responsible, a tax lien as defined in the Real Property Law of the
State of New York shall be levied and collected in the same manner
as provided for in the Town Law of the State of New York.
B.
The CEO, as designated by the Town Board of the Town of Richmond,
shall have the authority to issue appearance tickets when the provisions
of this chapter are deemed to be in violation.
The CEO may issue a stop-work order for violations of this chapter, pursuant to § 101-6 of the Town Code. Persons receiving a stop-work order shall be required to halt all land disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this chapter.
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 Richmond may take necessary
corrective action, the cost of which shall become a lien upon the
property and added to the taxes until paid.
Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval or approval of an erosion control permit or an alleged failure by the Code Enforcement Officer to properly enforce the chapter in regard to a specific application, shall have the right to appeal the action to the Town Zoning Board of Appeals. The appeal shall be filed in writing within 60 days of the date of official transmittal of the final decision. It shall state clearly the grounds on which the appeal is based and shall be processed in the manner prescribed for hearing of appeals under § 200-67 of the Town Code.
The provisions of this chapter shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
and welfare. 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.
If any section, subsection, paragraph, sentence, clause, or
other part of this chapter is for any reason invalid, the validity
of the remaining portion of this chapter shall not be affected.
The Town Board may from time to time, at its discretion, on
its own motion, on petition, or on recommendation of the Planning
Board, and in accordance with the laws of the State of New York, amend,
supplement, or repeal the regulations or provisions of this chapter.
