[HISTORY: Adopted by the Town Board of the
Town of Mount Pleasant 11-25-1975. Amendments noted where applicable.]
This chapter shall be cited and may be referred
to hereinafter as the "Stream Maintenance Ordinance."
[Amended 2-26-2019 by L.L. No. 7-2019]
It is hereby found and determined by the Town Board of the Town
of Mount Pleasant that severe damage to persons and property has been
sustained by residents of the Town of Mount Pleasant as a result of
the flooding and the overflow of the natural streams and watercourses
which traverse this Town. It is further found and determined that
a contributing cause to this flooding has been the blockage of natural
stream flow caused by improper or inconsistent maintenance and debris
removal by the owners of real property abutting said streams. It is
also found that like cause is found to occur with prior watercourses
that have been piped or contained within man-made structures. It is
further found and determined that concurrent with the right to enjoy
and use these natural resources of the Town by some residents of the
Town, it is their responsibility to maintain the streams and watercourses
free of debris and blockage, deterioration of pipe or watercourse
structures and/or pre-existing unpermitted or undersized pipe/structure
which adversely affect the health, safety and welfare of other residents
of the Town.
It is the intention of the Town Board of the
Town of Mount Pleasant in adopting this chapter to preserve, protect
and secure the public health, safety and welfare of the residents
of the Town of Mount Pleasant.
[Amended 2-26-2019 by L.L. No. 7-2019]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the following meanings:
A body of water flowing in a defined bed or channel, with
banks and sides, or a former body of water that has been closed up
within a pipe, culvert or other structure, all having permanent sources
of supply, uniform or interrupted.
A.
It shall
be the duty and obligation of every owner of real property abutting
a natural stream or watercourse to keep and maintain, free and clear
of any and all debris, trash, rubbish and similar substances which,
by their nature, cause or tend to cause stoppage or blockage of natural
stream flow, that portion of the real property which constitutes the
shore or bank of the stream as well as that portion of the stream
bed which abuts the real property within straight lines drawn at right
angles between the side lines of the real property on the shore and
the center line of the stream. Any construction or improvements done
adjacent to or abutting a stream shall be done so as not to change
the flow of water in the stream in such a manner as to be detrimental
to the lands of others adjacent to or abutting the stream.
B.
It shall also be the duty and obligation of every owner of real property
having a piped or man-made structure containing a natural stream or
watercourse to maintain the pipe and structures in sound conditions
as to prevent damage or deterioration to real properties both upstream
and downstream of such measures.
[Added 2-26-2019 by L.L.
No. 7-2019]
[Amended 2-26-2019 by L.L. No. 7-2019]
Within 10 days after a notice to remove debris or to provide
evidence of a sound piped or structure has been served upon an owner
of real property by the Building Inspector of the Town of Mount Pleasant
or his deputy, either personally or by certified mail, with return
receipt requested, addressed to the name of the owner as it appears
on the assessment roll of the Town, the owner shall comply with the
provisions of same to the satisfaction of the Building Inspector or
his deputy.
The failure to remove debris within 10 days after notice to do so has been served, as provided in § 185-6, shall be deemed a violation of this chapter.
[Amended 2-26-2019 by L.L. No. 7-2019]
If the provisions of this chapter are not complied with, and if the owner upon whom notice is served pursuant to § 185-6 fails or neglects to remove such debris, provide evidence (video inspection or certified engineers report) that the pipe or structure is in sound condition or upon determination that the pipe and/or structure requires repair or replacement within 10 days of the service thereof, the Building Inspector may cause the work to be completed as to meet the previsions of this chapter.
[Amended 3-13-2001 by L.L. No. 1-2001; 2-26-2019 by L.L. No. 7-2019]
The actual costs of removal as provided in § 185-8 hereof, plus an additional charge as set forth in Chapter A224, Fees, for the cost of inspection and other costs incidental to such removal or services associated with the inspection, repair and or replacement of the pipe and/or structure, shall be certified by the Building Inspector to the Town Clerk. The Town Clerk shall thereupon notify the owner of such real property, stating that an expenditure has been made, its purpose and amount, and that at a specified time and place the Town Board of the Town of Mount Pleasant will meet to make a determination of the amount of the expenditures. The Town Board shall meet at the time and place specified in such notice. It shall thereupon determine all objections that may be made to such assessment, including the amount thereof and whether or not the object to be removed was of such size or dimension that it would be an unnecessary hardship upon the property owner to require said property owner to employ outside labor to comply with the provisions hereof. The Town Board shall thereafter assess upon the real property the amount which it deems fair and reasonable, not exceeding, in case of default, the amount stated in the notice. The amount so determined shall thereupon become and be a lien upon the real property and shall be added to and become part of the taxes next to be assessed and levied on such real property to be collected and enforced in the same manner as taxes.
[Added 2-26-2019 by L.L.
No. 7-2019]
The disturbance of a natural stream or brook that does not qualify
for a NYSDEC Protection of Waters permit, but qualifies for a Town
wetland permit, this permit shall remain within the Town Engineering
Department and issued by the Town Engineer.
[Added 2-26-2019 by L.L.
No. 7-2019]
No person, firm or corporation shall, by deliberate action or
negligence, obstruct any stream or watercourse in the Town so as to
block or significantly impede its flow. Any infraction of this provision
shall constitute a violation. Any person who violates provision or
fails to comply with any of its requirements shall, upon conviction
thereof, be fined no more than $250 or imprisoned for not more than
15 days, or both. Each day of noncompliance shall be considered a
separate offense.
