A.
Where a major or minor land development permit is required pursuant to § 171-5C or D, an application shall be submitted to the Stormwater Management Officer which includes the following:
(1)
Five copies of a land development application form.
(2)
An application fee as set from time to time by resolution of the
Town Board. 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).
(3)
Five copies of an erosion and sediment control plan or a stormwater
pollution prevention plan, or both, as may be required herein.
(4)
Permit applications.
(a)
All permit applications must include the following:
[1]
Existing features map(s), at a scale no smaller than one inch
equals 100 feet, including:
[a]
The boundaries of all parcels on which site preparation activities
are proposed to be undertaken and the boundaries of all parcels adjacent
to the subject site.
[b]
All structures and roads within a distance of 500 feet of the
parcels on which site preparation activities are proposed to be undertaken,
the structures to be identified by their uses and the roads to be
identified by their surface material and width of surface.
[c]
All waterbodies and watercourses within a distance of 500 feet
of the parcels on which site preparation activities are proposed to
be undertaken.
(b)
Maps and plans accompanying the application shall be prepared
by an individual authorized by the State of New York to prepare such
plans which may include an architect, engineer or landscape architect
licensed by the State of New York, or a certified professional in
erosion and sediment control.
(5)
An environmental assessment form (EAF) pursuant to SEQRA prepared
and submitted by the applicant, unless the application concerns a
site plan or subdivision project already before the Planning Board
for which a SEQRA declaration has already been made.
(6)
Existing topography at contour intervals of two feet within a distance
of 500 feet of the parcel on which site preparation activities are
proposed to be undertaken.
(7)
All sewer, water, gas and electric lines and all other utilities
within the parcels on which site preparation activities are proposed
to be undertaken.
(8)
Forested land and tree clusters within a distance of 500 feet of
the parcels on which site preparation activities are proposed to be
undertaken.
(9)
All vegetated areas on the site proposed for site preparation and/or
other disturbance.
(10)
All steep slopes on the site proposed for site preparation and/or
other disturbance.
(11)
The depth to bedrock on the site proposed for site preparation activities.
(12)
The depth to permanent groundwater aquifers on the site proposed
for site preparation activities.
(13)
The boundary of the one-hundred-year floodplains, together with wetland
boundaries.
(14)
Drainage computations prior to site preparation and after site preparation
may be required at the Planning Board's discretion.
B.
Operation maps, at a scale no smaller than one inch equals 100 feet,
which present an 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 clearing or tree cutting, identified as to the nature of vegetation
affected.
(3)
All areas where topsoil is proposed to be removed, stockpiled and
ultimately placed.
(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 material from which it
is constructed, its dimension 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
drainage systems.
(7)
The location of all roads, driveways, sidewalks, structures, utilities
and other improvements.
(8)
The final contours of the areas of the site affected by an action
requiring a permit in intervals of no greater than two feet.
(9)
A time schedule which is keyed to the operation map(s), indicating:
(a)
When major phases of the proposed project are to be initiated
and completed.
(b)
When major site preparation activities are to be initiated and
completed.
(c)
The anticipated duration, in days, of exposure of all major
areas of site preparation before the installation of erosion and sediment
control measures.
(10)
An estimate of the costs of providing temporary and permanent vegetation
and drainage, erosion and sediment control facilities prepared by
the Stormwater Management Officer.
C.
Additional information. Where deemed appropriate and necessary by
the Code Enforcement Officer or Stormwater Management Officer, the
applicant may be required to submit more detailed information and/or
plans for the proposed site alterations.
A.
Within 30 days of the receipt of an application or any plans or material
in support thereof, the Stormwater Management Officer shall notify
the applicant if the application is determined to be complete or if
additional information is required.
B.
The Stormwater Management Officer shall approve, with or without
modifications, or deny all permits within 30 days of the date of determining
that the application is complete, unless the applicant consents, in
writing, to a time extension.
C.
Prior to granting a permit, the Stormwater Management Officer shall
determine that the request is in harmony with the purpose and standards
set forth in this chapter.
D.
In granting a permit, the Stormwater Management Officer may fix a reasonable time limit for the termination of the permit and may attach any conditions which he deems necessary to assure compliance with the provisions of this chapter. Any permit issued for a major or minor land disturbance shall not exceed one year in duration. The performance guaranty so specified under § 171-23 below shall be posted before any permits may be granted or site work commenced.
E.
Modifications of the terms of an approved permit shall follow the
same application, review and approval procedures as those set forth
in this section for the original permit.
F.
It shall be the responsibility of the Stormwater Management Officer
to inspect any sites for which a permit has been issued as frequently
as necessary to assure compliance with the terms and conditions of
the approved permit and the provisions of this chapter and to submit
written notification of any violations of the terms or provisions
of the permit to the property owner to which the permit has been issued.
G.
If, at any time during the effective period of a permit issued by
the Stormwater Management Officer, the terms of the permit are violated,
or if the permit expires prior to the completion of the work, the
Stormwater Management Officer may revoke the permit and thereafter
recommend to the Town Board that the performance guaranty be forfeited
to the Town. If the applicant becomes unable to complete the project
or any phase thereof within the specified time, he shall, within 30
days prior to the specified date of completion, present, in writing,
a request for an extension of time, setting forth the reasons for
the request. If, in the discretion of the Stormwater Management Officer,
such an extension is warranted, the Stormwater Management Officer
may grant additional time for the completion of the work.
H.
The Stormwater Management Officer is authorized to consult with and
obtain recommendations from the Town Planning Board, the Town Engineer,
the Town Highway Superintendent, the Dutchess County Soil and Water
Conservation District, the New York City Department of Environmental
Protection and the New York State Department of Environmental Conservation.
I.
The Stormwater Management Officer (SMO) shall provide a monthly written
status report to the Town of Pawling Planning Board on environmental
permits for minor land developments which have been issued.
A.
The applicant is required by the Town to establish an escrow account
for expenses incurred for technical assistance, site inspection, engineers,
planners and attorneys in review of an application and follow-up site
inspections during and after construction. The Town Stormwater Management
Officer and Planning Board or Town Engineer will estimate the reasonable
amount to be placed in escrow prior to the start of the project. Any
unused funds will be returned to the applicant on successful completion
of the project. Notice of any withdrawals from the escrow account
will be sent promptly to the applicant. Should the escrow funds be
expended prior to the project's completion the applicant will be notified
by the Town to replenish additional funds in the escrow account prior
to the project moving forward. A bond or surety may also be required
by the Town depending on the size and complexity of the project.
B.
A fee schedule shall be established by resolution of the Town Board
of this Town. Such fee schedule may thereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected.
