[HISTORY: Adopted by the Town Board of the
Town of Bolton 2-5-1999. Amendments noted where applicable.]
125a Schedule A
125b Schedule B
125c Schedule C
125d Schedule D Rainfall Intensity Curves
125e Schedule E
125f Schedule F
125g Figure 5-7
125h Figure 5-9
125i Figure 5-8
125j Figure 5-3b
125k Figure 5-4b
125l Figure 5-5
125m Figure 5-1
125n Figure 5-2
125o Figure 5-6
125p Figure 6-1
125q Figure 6-2
125r Figure 6-3
125s Figure 4a
125t Figure 6-8
125u Figure 6-9
125v Figure 6-10
125w Figure 5-3b
This shall be known as the "Town of Bolton Stormwater
Management Ordinance."
The Town of Bolton finds that uncontrolled drainage
and runoff associated with land development has a significant impact
upon the health, safety and welfare of the community for the following
reasons:
A.
Stormwater can carry pollutants into receiving water
bodies and degrade water quality.
B.
The increase in nutrients in stormwater runoff accelerates
eutrophication of receiving waters.
C.
Improper design and construction of drainage facilities
can increase the velocity of runoff thereby increasing stream bank
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 the capacity of the water bodies 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 and stream baseflow.
G.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
H.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
I.
Many problems can be avoided if sound stormwater runoff
management practices are in effect.
The effective date of this chapter shall be
February 23, 1999.
Article 9 of the Town Law or Article 7 of the
Village Law and Environmental Conservation Law § 43-0112.
The purpose of this chapter is to protect and
safeguard the general health, safety, and welfare of the public residing
in or visiting the town by preserving and protecting the quality of
the ground- and surface waters. This chapter has the following specific
objectives:
A.
To prevent any increase in stormwater runoff from
any development in order to reduce flooding, siltation, and streambank
erosion;
B.
To prevent any increase in pollution caused by stormwater
runoff from development which would otherwise degrade the quality
of water in Lake George and its tributaries and render it unfit for
human consumption, interfere with water-based recreation or adversely
affect aquatic life; and
C.
To prevent any increase in the total annual volume
of surface water runoff which flows from any specific site during
and following development over that which prevailed prior to development.
A.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in Schedule A[1] of this chapter.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B.
The definition provided within "The (latest) Illustrated
Book of Development Definitions" shall be available to supplement
and assist in the application of the provisions of this chapter wherever
this chapter shall fail to provide its own definition or meaning.
In the event that local law, Town Code, Town ordinance or Zoning Board
of Appeals interpretation defines, authorizes or provides a clear
definition, stricter requirement, interpretation or specification,
such Town Code, Town ordinance or Zoning Board of Appeals interpretation
shall prevail.
[Added 6-3-2008]
General applicability: This chapter shall apply to all building, construction, land clearing and subdivision of land within the town, both public and private, except development which is expressly exempt pursuant to § 125-8H of this chapter. Permits and approvals required by this chapter are incorporated into the site plan, land use or zoning approvals issued under separate provisions of the town's land use program.[1]
A.
Except for the activities exempted in Subsection H of this section, no person shall build, construct, erect, expand, or enlarge any building or structure or place or construct any impervious surface such as pavement, blacktop, macadam, packed earth and crushed stone without first receiving a stormwater management permit from the town unless otherwise exempted herein.
B.
No person shall receive subdivision approval[1] from the town until first receiving a stormwater management
permit from the town for all buildings, structures and impervious
surfaces proposed to be created, except that the terms of this chapter
shall not apply to persons engaged in activities for which required
town permits and approvals were issued prior to the effective date
of this chapter.
C.
No owner of real property shall maintain a condition
which, due to a human disturbance of land, vegetative cover or soil,
results in the erosion of soil into any water body. The town shall
notify a property owner of such condition on his property and shall
afford a reasonable time period to correct any such condition before
a violation shall be deemed to exist.
D.
Except for the activities exempted in Subsection H of this section herein, no person shall operate a land-clearing machine such as a backhoe, grader or plow or similar device so as to clear or grade land or otherwise remove vegetative cover or soil or to overlay natural vegetative cover with soil or other materials when such activities involve an area of land greater than 5,000 square feet without first having received a permit under this chapter.
E.
No person shall fail to comply with any provision
or requirement of any permit issued pursuant to this chapter.
F.
No person shall create a condition of flooding, erosion,
siltation or ponding resulting from failure to maintain previously
approved stormwater control measures where such condition is injurious
to the health, welfare or safety of individuals residing in the park
or injurious to any land within the park. The town shall notify a
property owner of such condition on his property and prescribe measures
necessary to reestablish effective performance of the approved stormwater
control measures. The town shall afford such property owner a reasonable
time period in which to correct any such condition before a violation
is deemed to exist.
G.
No person shall build, alter or modify a stormwater
control measure without first receiving a permit from the town. Such
building, alteration and/or modification does not include the ordinary
maintenance, cleaning and/or repair of stormwater control measures.
H.
Any building, construction, or land clearing occurring
within the Town of Bolton is subject to this chapter. However, the
following activities are exempt from the requirements of this chapter:
(1)
Emergency repairs to any stormwater control measure.
(2)
Development involving land disturbance and land clearing
of less than 5,000 square feet which does not result in the creation
of new impervious surfaces of more than 1,000 square feet.
(3)
Any logging and agricultural activity which is consistent
with a soil conservation plan approved by the appropriate County Soil
and Water Conservation District or a timber management plan prepared
or approved by the Department of Environmental Conservation, as applicable.
[Amended 10-2-2001 by L.L. No. 2-2001]
(4)
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.
(5)
Construction of an approved wastewater treatment system,
and construction of a wharf, dock, boathouse, and mooring.
A.
Minor projects. The following development activities
shall be considered to be minor projects:
(1)
Any building, land clearing or development activity
affecting less than 15,000 square feet.
(2)
Creation of a two-lot, three-lot or four-lot subdivision
which may result in the construction of no more than one single-family
residential structure and related accessory structures per lot, and
will require land clearing or alteration activities of less than 15,000
square feet per lot and less than 15,000 square feet total for any
subdivision road.
(3)
Any building, alteration, or modification of a stormwater
control measure, excluding maintenance, cleaning or repair of such
stormwater control measure.
B.
Major projects. Any project not expressly exempted
from regulation or defined as a minor project shall be a major project.
(1)
The following may be considered to be major projects:
(a)
Any part of the activity listed in § 125-9A(1), (2) or (3) which occurs on (i) soils of high potential for overland or through-soil pollutant transport; (ii) an area with a slope of 15% or greater when measured in any direction over a distance of 100 feet from the center of the proposed building site; or (iii) an area with a soil percolation rate slower than 60 minutes per inch.
(b)
Any minor project may be treated as a major
project if such treatment is desirable due to specific site limitations
or constraints, anticipated environmental impacts, or the need or
advisability of additional public notice and comment. When determining
whether to treat a minor project as a major project, the criteria
to be considered shall include, but shall not be limited to, whether
the site lies within or substantially contiguous to any of the following:
(i) a Critical Environmental Area established pursuant to SEQR; (ii)
a wetland; (iii) a stream corridor; (iv) an area of significant habitat
for any wildlife or plant species; or (v) an area of particular scenic,
historic or natural significance.
(2)
The project sponsor of a minor project that will be
treated as a major project shall be given a written statement of the
reasons for such a determination.
C.
All determinations of a project classification shall
be made by the Zoning Administrator.
A.
Minor projects. The following requirements shall apply
to minor projects:
(1)
Stormwater shall be managed on-site using stormwater control measures designed to afford optimum protection of ground- and surface waters. Stormwater control measures shall be selected by giving preference to the best management practices for pollutant removal and flow attenuation as specified in Schedule C.[1] Stormwater may be calculated in accordance with the methodology for determining stormwater volume and flow rates for major projects found in Schedule B, Part III[2] or, in the alternative, at a flat rate of 1.5 gallons
of stormwater for every square foot net increase in impervious area.
Net increase is the difference between predevelopment and post-development
conditions. All water from newly created impervious areas which would
otherwise run off the parcel shall be directed to an infiltration
device. Location of the infiltration devices shall be determined based
upon soil test results.
[1]
Editor's Note: Schedule C is included at the end of this chapter.
[2]
Editor's Note: Schedule B is included at the end of this chapter.
(2)
Stormwater control measures may include, but shall
not be limited to, dry wells of precast concrete, pits of crushed
rock lined with geotextile fabric, and infiltration trenches. Such
measures may also include natural and human-made landscape features
such as depressions, blind ditches, retention ponds, swales and others.
Inlets to infiltration devices shall be protected from sediment at
all times in order to maintain their capacity.
(3)
Infiltration devices shall not be installed upgradient
within 20 feet of the subsurface treatment system of a wastewater
treatment system. Infiltration devices for roadways, parking lots,
and other areas subject to vehicle traffic shall not be installed
within 100 feet of any water well, wetland or water body.
(4)
Infiltration devices and buildings shall be designed
to maintain maximum attainable horizontal distance separation from
wells, water bodies and wetlands. Pumping stormwater shall not be
permitted.
(5)
The bottom of any infiltration device shall be a minimum
of two feet above seasonal high ground water mark and two feet above
bedrock.
(6)
Temporary erosion controls shall be required to prevent
siltation of water bodies during construction.
(7)
Stormwater control measures proposed to be installed
at locations with slope > 15% before grading, soil percolation rate
slower than 60 minutes per inch or which require placement of fill
to meet horizontal distance separations specified in this subpart
shall be designed by a licensed professional engineer, architect or
exempt land surveyor.
B.
Major projects.
(1)
Stormwater volumes and rates of flow shall be calculated using the methods specified in Schedule B, Part III.[3]
[3]
Editor's Note: Schedule B is included at the end of this chapter.
(2)
Design requirements for stormwater control measures.
(a)
Stormwater control measures shall be designed
so that there will be no increase in runoff volume from a ten-year
frequency/twenty-four-hour duration storm event following development
over the predevelopment volume.
(b)
For storm events exceeding the ten-year design
storm, the stormwater control measures shall function to attenuate
peak runoff flow rates for a twenty-five-year frequency storm to be
equal to or less than predevelopment flow rates. For development greater
than five acres, consistent with New York State Guidelines, stormwater
control measures shall function to attenuate peak runoff flow rates
for a one-hundred-year storm to be equal to or less than predevelopment
flow rates. Attenuation of the one-hundred-year storm is intended
to reduce the rate of runoff from development to prevent expansion
of the one-hundred-year floodplain so as to alleviate flooding of
improved properties and roadways. The minimum requirement for peak
flow attenuation can be waived for the one-hundred-year storm event
where it can be proven that downstream flooding is not a concern,
such as where excess stormwater runoff is discharged to Lake George
or to a regional stormwater facility designed to handle additional
volume and peak discharge. The cumulative effect of all proposed development
projects within the watershed should be considered in making this
determination. Rainfall intensity curves for Lake George, New York
shall be used in the design of the stormwater control measures. These
curves are annexed to this chapter as Schedule D entitled "Rainfall
Intensity Curves."[4] Additionally, for development greater than five acres,
coverage is required under a State Pollutant Discharge Elimination
System (SPDES) General Stormwater Permit administered by the Department
of Environmental Conservation.
[4]
Editor's Note: Schedule D is included at the
end of this chapter.
(c)
Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet above the seasonal high groundwater level to be realized following development. Where compliance with this requirement would prevent compliance with Subsection B(2)(e) of this section, compliance with this requirement may be waived. This provision shall not apply to wet ponds and similar stormwater control measures which are designed to be built in the saturated soil zone.
(d)
Infiltration devices for major projects shall
be located a minimum of 100 feet from Lake George and any downgradient
drinking water supply, lake, river, protected stream, waterwell, pond,
wetland; a separation of more than 100 feet may be required in cases
where contamination of the water supply is possible due to highly
permeable soils, shallow groundwater and similar situations. The separation
distance shall be a minimum of 50 feet from upgradient water supplies.
Designs shall mitigate adverse effects that groundwater recharge will
have on adjacent wells, water supplies, wastewater treatment systems,
buildings, roadways, properties, and stormwater control measures.
Stormwater recharge areas shall be located a minimum of 100 feet from
the subsurface treatment system of a wastewater treatment system unless
it is demonstrated that a lesser separation will not adversely affect
the functioning of such leach fields.
(e)
Infiltration devices shall be designed to extend
a minimum of 10% of the infiltration surface area below the prevailing
frost depth or four feet (whichever is greater) in order to provide
infiltration during winter months.
(f)
Infiltration devices shall be designed based on the infiltration capacity of the soils present at the project site. Soil evaluation methods shall be in accordance with Schedule B, Part IV, Soil Evaluation Methods.[5]
[5]
Editor's Note: Schedule B is included at the end of this chapter.
(3)
Additional requirements for major projects.
(a)
Stormwater control measures shall be used in the following order of preference: (i) infiltration devices; (ii) artificial wetlands and acceptable natural treatment systems; (iii) flow attenuation by use of open vegetated swales and depressions; (iv) stormwater detention. Stormwater control measures shall be selected by giving preference to the best management practice for pollutant removal and flow attenuation as indicated in Schedule C.[6]
[6]
Editor's Note: Schedule C is included at the end of this chapter.
(b)
All stormwater control measures shall be designed
to completely drain to return to design levels in accordance with
the following: infiltration basin five days; infiltration trench 15
days; dry well 15 days; porous pavement two days; vegetation depression
one day.
(c)
Pretreatment devices such as sediment traps,
detention/stilling basins, filter strips, grassy swales, or oil/water
separators shall be provided for runoff from paved areas or other
areas subject to human-induced pollution, including grease and oils,
fertilizers, chemicals, road salt, sediments, organic materials and
settleable solids, which shall be sufficient to remove pollutants
from the runoff.
(d)
Stormwater control measures shall, at a minimum,
incorporate the best available pollutant removal technology, which
shall mean that which constitutes appropriate and cost effective means
for removing pollutants from runoff so that the resulting treated
stormwater will not degrade the water quality of any water body.
(e)
Stormwater control measures shall be designed
to preserve and maintain the base flow in all streams passing through,
adjoining or receiving runoff from the site.
(f)
For development or redevelopment occurring on
a site where development has previously occurred, the applicant shall
be required to prepare concept plans and to develop construction estimates
for stormwater control measures to control existing stormwater discharges
from the site in accordance with the standards of this chapter to
the maximum extent practicable. Construction of stormwater control
measures to achieve infiltration of the first 1/2 inch of precipitation
from previously developed areas of the site shall be required as a
condition of approval when it is determined to be reasonable and cost
effective to do so. The phased implementation of such stormwater control
measures for previously developed areas may be authorized.
C.
General requirements for major and minor projects.
The following requirements shall apply to major and minor projects:
(1)
Stormwater control measures shall include such other
measures as are deemed necessary to prevent any increase in pollution
caused by stormwater runoff from development which would otherwise
degrade the quality of water in Lake George and its tributaries, or
any other stream, render it unfit for human consumption, interfere
with water-based recreation or adversely affect aquatic life.
(2)
Emergency overflow provisions shall be made as necessary
to prevent erosion, flooding, and damage to structures, roads and
stormwater control measures.
(3)
Stormwater control measures shall be designed to minimize
adverse impacts to water bodies, minimize disturbance of water bodies,
minimize land clearing, minimize the creation of impervious surfaces,
and to maximize preservation of natural vegetation and existing contours.
(4)
Development which involves the creation of areas subject
to intensive landscape maintenance such as golf courses, public parks
and botanical gardens shall require that a pest control and fertilizer
management plan shall be prepared and included with the permit application.
A.
Temporary erosion control shall be provided for all
disturbed areas in accordance with the "New York Guidelines for Urban
Erosion and Sediment Control." The temporary erosion control measures
shall be maintained continuously until permanent control measures
are in service. Infiltration devices shall be protected from siltation
during the period of construction and until the site is successfully
revegetated by use of silt screens, inlet protection devices, sediment
detention ponds or other suitable erosion control measures.
B.
Staging of construction to facilitate erosion control
shall be required. Only those areas where construction is actively
occurring shall remain open and unvegetated. All areas that are not
within an active construction area shall be mulched and stabilized
or shall be mulched and revegetated. An active construction area is
defined as one that has seen substantial construction within the past
seven calendar days. Mulching or revegetation for erosion control
shall be completed within 10 days following the last substantial construction
activity.
C.
Compliance with the following restrictions shall be
required.
(1)
No vegetation shall be felled into any lake, pond,
river, stream or intermittent stream and if inadvertently felled into
one of these water bodies, shall be removed immediately from the water
body. The removal of dead or dying, diseased trees or trees presenting
a health or safety hazard shall not be exempt from this requirement.
(2)
Within 500 feet of the mean high water mark of any
lake, pond, river, stream, or wetland, no land area, including areas
stockpiled with earthen materials, which has been cleared may be made
or left devoid of growing vegetation for more than 24 hours without
a protective covering securely placed over the entire area and/or
erosion control measures properly installed to prevent sediments from
entering the water body. Acceptable protective coverings include natural
mulch of a depth of two inches, rock rip-rap, nondegradable materials
such as plastic or canvas coverings, and impervious structures.
(3)
Any area of land from which the natural vegetative
cover has been either partially or wholly cleared or removed by development
activities shall be revegetated within 10 days from the substantial
completion of such clearing and construction. Acceptable revegetation
shall consist of the following:
(a)
Reseeding with an annual or perennial cover
crop accompanied by placement of straw mulch or its equivalent of
sufficient coverage, but not less than 50% of the total disturbed
area, to control erosion until such time as the cover crop is established
over 90% of the seeded area.
(b)
Replanting with native woody and herbaceous
vegetation accompanied by placement of straw mulch or its equivalent
of sufficient coverage to control erosion until the plantings are
established and are capable of controlling erosion.
(c)
Any other recognized method which has been reviewed
and approved by the town as satisfying the intent of this requirement.
(4)
Any area of revegetation must exhibit survival of
a minimum of 75% of the cover crop throughout the year immediately
following revegetation. Revegetation must be repeated in successive
years until the minimum seventy-five-percent survival for one year
is achieved.
(5)
Ground clearing or grading activities which occur
during the period October 15 to April 15, during which germination
of vegetation typically will not take place, shall be required to
incorporate extra measures during revegetation in order to reduce
erosion and maintain water quality. These extra measures include,
but are not limited to, the use of screen mesh, netting, extra mulch,
and siltation fences.
A stormwater permit shall include, at a minimum,
provisions for the future maintenance of the site, consistent with
the following:
A.
Applicability. Prior to issuance of a certificate of completion for any major project, or any minor project where it is deemed necessary, the project sponsor shall provide for arrangements for the future maintenance of stormwater control measures subject to the approval of the town. This may include, but not be limited to, the following: approval of the bylaws and/or certificate of incorporation of a transportation corporation or homeowners association; posting of a performance bond; placing of funds on deposit; and a stormwater management maintenance agreement between the owner(s) of the site and the town consistent with the terms and conditions of Schedule E entitled "Sample Stormwater Control Facility Maintenance Agreement."[1]
[1]
Editor's Note: Schedule E is included at the end of this chapter.
B.
Purpose. Stormwater management maintenance arrangements
shall be those necessary to ensure that stormwater control measures
are maintained in working condition throughout the life of the project.
C.
Notice. The stormwater management maintenance agreement
shall be recorded in the office of the County Clerk or its terms shall
be incorporated into covenants appearing in the deed, declarations
of covenants and restrictions or other such documents to ensure that
record notice of its terms is provided to future owners of the site.
It shall also be included in the offering plan, if any, for the project.
D.
Initial maintenance security. The project owner(s)
or sponsor shall establish a maintenance security in the form of a
bond, letter of credit, escrow account, or other acceptable security,
for the purpose of rebuilding, maintaining or repairing the stormwater
control facilities during the first two years following the approved
completion of construction.
A.
Plan review. It is the responsibility of the applicant
to provide a detailed plot plan showing the location and dimensions
of all existing and proposed structures and impervious surfaces, watercourses,
water bodies, wetlands, wells, septic systems, and stormwater control
measures on the site and within 100 feet of the site, and a location
map of the site. Applications shall be submitted on forms prescribed
by the municipality and shall require an application fee, Tax Map
number of affected parcels, a completed Part 1 Environmental Assessment
Form, if required, and names and addresses of adjacent parcel owners
as required.
B.
Minor projects. The zoning/land use office of the
municipality shall have primary responsibility for the review, approval
and issuance of stormwater management permits for minor projects.
The zoning/land use office may request technical assistance from the
Lake George Park Commission.
(1)
Prior to permit decisions a test pit may need to be
witnessed.
(2)
The zoning/land use officer shall determine whether
notice to adjacent owners is warranted by public interest or other
considerations.
(3)
Prior to the issuance of a permit for any project,
the zoning/land use officer shall determine that the project as proposed
is in accordance with the design standards of this chapter.
C.
Major projects. Major projects shall require site
plan review in accordance with the municipality's Land Use Ordinances.[1]
(1)
Preparation of a stormwater control report in accordance with Schedule B, Part II[2] is required. Preparation of a stormwater concept plan in accordance with Schedule B, Part I may be required if deemed necessary by the municipality. The SCP and SCR shall be prepared by an engineer or architect or exempt land surveyor licensed to practice under the laws of the State of New York, who shall be employed by the applicant or developer to design and supervise the installation of all stormwater management facilities. Stormwater management shall be within the area of expertise of the particular individual or firm performing the design and construction supervision, and if requested, that individual or firm shall furnish a listing and description of all stormwater management projects designed or supervised by them within the past five years.
[2]
Editor's Note: Schedule B is included at the end of this chapter.
(3)
The final subdivision plat shall contain stormwater
control measures for all commonly owned roads, buildings, parking
areas and impervious areas. Approved stormwater design plans shall
be filed together with the final subdivision plat with the County
Clerk.[4]
(4)
Prior to the approval of the final subdivision plat
or commonly owned facilities, it shall be first determined that there
is sufficient information to support a finding that the stormwater
measures subject to future approval can be designed and constructed
in accordance with this chapter.
D.
In addition to any other fees required by the town
upon the filing of a permit application, the town may charge an additional
fee to the applicant representing required legal and/or technical
review. The fee charged to an applicant should reflect the actual
costs of reasonable and necessary legal and technical assistance.
A.
An application for a stormwater control permit may
be approved, denied, or approved with modifications or conditions,
including modifications to non-stormwater aspects of the development
necessary to achieve the required level of stormwater management.
B.
No stormwater management permit shall be issued unless
the municipality makes the following findings which shall be supported
by substantial evidence. The facts supporting such findings shall
be set forth in the decision document or permit. The issued permits
shall set forth all required conditions and incorporate all necessary
documents and maps. The findings are as follows:
(1)
That the project meets the design requirements and
performance standards set forth in this chapter.
(2)
That the project will not have an undue adverse impact
on the health, safety and welfare of the public or on the resources
of the Lake George Park and will not lead to a diminution of water
quality, an increase in erosion, or an increase in stormwater runoff
from the site either during or following construction.
(3)
That the stormwater control measures proposed for
the proposed project will function as designed and that such measures
represent the best possible methods and procedures for controlling
stormwater runoff that is feasible and practicable at the particular
project site.
(4)
That adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail, or suffer from inadequate maintenance to ensure its proper functioning. The municipality may require formation of a homeowners association registered pursuant to § 352-e of the New York State General Business Law and execution of a maintenance agreement consistent with Schedule E.[1]
[1]
Editor's Note: Schedule E is included at the end of this chapter.
(5)
That the proposed project will not contribute to flooding,
siltation or streambank erosion and will not result in any increase,
directly or indirectly, in pollution to Lake George or its tributaries
or other streams from stormwater runoff.
A.
If during the review of an application it is determined
that the application of any design or dimensional requirement contained
in this chapter will result in the denial of the project, the applicant
shall be afforded an opportunity to modify the project plans or in
the alternative to make application for a variance. Upon denial of
any permit application for a project for failure to conform to specific
provisions of this chapter, the applicant may make an application
for a variance.
B.
If the applicant determines that any aspect of the
project cannot meet any design or dimensional requirement contained
in this chapter, the applicant may make direct application for a variance
to the Zoning Board of Appeals.
C.
Variance applications shall be on such forms as may
be prescribed and shall conform with and contain the permit application
requirements set forth in this chapter.
D.
The granting of any variance shall be done in accordance
with § 267 of the New York State Town Law or § 7-712
of the New York State Village Law and any amendments thereto, as appropriate.
[Amended 8-2-2005]
A.
It shall be unlawful for any person to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building, structure or premises, or portion thereof, in violation
of any provision of the Town of Bolton Stormwater Management Ordinance,
or to construct, alter or use and occupy any building, structure or
premises in a manner not permitted by or inconsistent with a permit,
approval or variance issued pursuant to the aforementioned, or fail
to comply with a notice, directive or order of the Zoning Administrator
or agents thereof.
B.
Any person who owns, controls or manages any building,
structure or premises, and who shall fail to comply with a written
directive, including a stop-work order of the Zoning Administrator
or an agent thereof within the time fixed for compliance, and any
owner, builder, architect, contractor, subcontractor, construction
superintendent or their agents, or any other person assisting in the
construction or use of any building or structure, or in the land disturbance
on or use of any premises who knowingly violates any of the applicable
provisions of the Town of Bolton Stormwater Management Ordinance,
or any lawful order, notice, directive, permit, certificate, approval
or variance issued hereunder shall be punishable as follows:
(1)
Criminal sanctions.
(a)
Criminal sanctions are as follows:
[1]
First offense: fine not exceeding $350 or six
months' imprisonment, or both.
[2]
Second offense: fine of not less than $350 or
more than $700, or up to six months' imprisonment, or both.
[3]
Third offense or subsequent offense (if committed
within five years of first offense): fine of not less than $700 or
more than $1,000, or up to six months' imprisonment, or both.
(b)
Every such person shall be deemed guilty of
a separate offense for each week such violations, disobedience, omission,
neglect or refusal shall continue. Where the person committing such
violation is a partnership, association or corporation, the principal
executive officer, partner, agent or manager may be considered to
be the "person" for the purposes of this article.
(c)
The Zoning Administrator or agent thereof may
commence criminal proceedings in the justice court by issuing an appearance
ticket to any alleged violator and/or by filing an information and
supporting deposition pursuant to the New York Criminal Procedure
Law. Alternatively, the Zoning Administrator or agent thereof, or
the Town Board may request the District Attorney to prosecute the
violation or to appoint the Town Attorney as a special district attorney
for that purpose.
(2)
Civil penalties.
(a)
As an alternative to criminal sanctions, the
Town may institute proceedings for civil penalties in the amounts
stated herein for each such violation:
[1]
First violation: civil penalty not exceeding
$350.
[2]
Second violation (if committed within five years
of first offense): civil penalty of not less than $350 or more than
$700.
[3]
Third violation or subsequent offense (if committed
within five years of first offense): civil penalty of not less than
$700 or more than $1,000.
(b)
Such fines or penalties may be compromised or
released by the Town Board as a part of any disposition.
[Added 8-2-2005]
In the case of any violation or threatened violation
of any provisions hereof, or the terms and conditions imposed by any
permit, approval, variance or order issued pursuant to the provisions
hereof, in addition to other penalties and remedies herein provided,
the Town may institute any appropriate action or proceedings against
the owner of the premises and/or any other responsible person to prevent
such unlawful erection, structural alteration, reconstruction, occupancy,
moving and/or use, to restrain, correct or abate such violation, to
prevent or restrain the occupancy of such building, structure or land,
to compel compliance with the provisions hereof and any permit, approval,
variance, order or directive issued pursuant to it, and to prevent,
restrain, correct or abate any illegal act, conduct, business or use
in or about such premises. The alternative or additional remedy specified
herein may be taken in addition to a proceeding for criminal sanctions
or civil penalties. The Town Board may negotiate appropriate remediation
and restoration measures by entering into an enforceable settlement
agreement or consent order with any violator and/or owner, which may
include payment by the violator and/or owner of a monetary penalty
which may include exemplary or punitive damages, plus recovery of
actual costs incurred by the Town in connection with the enforcement
proceeding, including actual attorneys' fees, disbursements and, in
appropriate cases, reimbursements for the actual costs to be incurred
in rectifying any circumstance or condition necessary to restore the
premises into compliance, all and any of which may, if not voluntarily
paid by the violator and/or owner, constitute the basis of a lien
charge attachable to the premises as a special assessment or charge
assessable and collectable on the tax bill associated with the subject
premises.
[Added 8-2-2005]
A.
The Town Board for the Town of Bolton hereby grants
the Zoning Administrator plenary administrative responsibility to
immediately suspend any continuing violations by posting a stop-work
order on the premises wherein the violation has occurred.
B.
Whenever the Zoning Administrator has reasonable grounds
to believe that work on any building, structure or development of
any premises is being undertaken or continued in violation of the
provisions of the applicable building laws or the provisions hereof,
or other ordinances, rules or regulations, or not in conformity with
the provisions of an application, plans or specifications on the basis
of which a permit was issued, or not in conformity with the terms
or conditions of a permit, approval or variance, or in an unsafe and
dangerous manner, he shall notify the owner of the property, or the
owner's agent, to suspend all work, and such persons shall forthwith
stop such work and suspend all building and development activities
until the stop order has been rescinded or superseded by a court order.
Such order and notice shall be in writing, shall state the conditions
under which the work or development may be resumed, and may be served
upon a person to whom it is directed, either by delivering it personally
to him, or by posting the same upon a conspicuous portion of the building
or premises where the work or development is being performed and sending
a copy of the same to him by certified mail at the address set forth
in the application for permission for the construction of such building
or development of such premises.
C.
Obtaining relief or release from any stop-work order
may be obtained in the proper circumstances as follows:
(1)
If all provisions hereof, together with all other
reasonable conditions specified by the Zoning Administrator or agent
thereof, are satisfied, and thereafter by resolution of the Town Board,
upon the advice of the Planning Board or Zoning Board of Appeals as
the circumstances of each case may require, an authorization of release
or lifting of a stop-work order may occur.
(2)
Except in matters pertaining to violations of requirements
imposed by site plan review, if a variance is granted by the Zoning
Board of Appeals granting permission to maintain violations specified
on a stop-work order and to continue such circumstances as thereafter
allowable, the administrative determination of the Zoning Administrator
or agent thereof shall conform or terminate the stop-work order in
accordance with the requirements mandated by the Zoning Board of Appeals.
[Added 8-2-2005]
Processing and review of any application pursuant
to the provisions hereof may be suspended and the application deemed
incomplete with written notice to the applicant if a stop-work order
has been issued by the Zoning Administrator or agent, other written
notice of an alleged violation has been delivered to the property
owner or applicant, or a criminal or civil criminal action commenced
against the property owner, applicant or other responsible person
for alleged violations of law related to the activity for which the
permit is sought or for alleged violation of the provisions hereof
related to the site. Such suspension of application processing may
remain in effect pending final resolution of any enforcement action
by an order of court or by a negotiated settlement of the pending
violations between the responsible parties and the Town Board. In
any appropriate case, the Zoning Administrator or agent, Planning
Board or Zoning Board of Appeals, in their respective roles as reviewing
authorities, may suspend review of an application.
[Added 8-2-2005]
Any permit, variance or approval granted under
the provisions hereof which is based upon or is granted in reliance
upon any material misrepresentation, or failure to make a material
fact or circumstance known, by or on behalf of an applicant, shall
be void. This section shall not be construed to diminish the penalties
and remedies available to the Town under any enforcement provisions
hereof.
