ARTICLE
22
EROSION
AND SEDIMENT CONTROL ORDINANCE
Section 22.01. INTRODUCTION/PURPOSE
During the
construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by
reducing water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Clearing and grading during construction add to
the loss of native vegetation necessary for terrestrial and aquatic habitat. In
addition, eroded soil necessitates repair of sewers and ditches and dredging of
lakes. The purpose of this local regulation is to safeguard persons, protect
property, and prevent damage to the environment from erosion and sedimentation
in the Town of
results in the movement of earth on
land in the Town of
Section 22.02. PERMITS
A. No
person shall be granted a site development permit for land-disturbing activity that
would require the uncovering of one acre of land without the approval of an
Erosion and Sediment Control Plan by the Town of
B. No site
development permit is required for the following activities:
1.
Agricultural activity as defined in this ordinance.
2.
Cemetery graves.
3. Any
emergency activity that is immediately necessary for the protection of life, property,
or natural resources.
4. Existing
nursery and agricultural operations conducted as a permitted main or accessory
use.
C. Each
permit application shall bear the name(s) and address(es) of the owner or developer
of the site and of any consulting firm retained by the applicant, including the
name of the applicant's principal contact at such firm. The application shall
be accompanied by a filing fee. The applicant will be required to file with the
Town of Schuyler a faithful performance bond, letter of credit, or other
improvement security in an amount deemed sufficient by the Town of Schuyler to
cover all costs of improvements, landscaping, maintenance of improvements for such
period as specified by Town of Schuyler, and engineering and inspection costs
to cover the cost of failure or repair of improvements installed on the site.
Section 22.03. REVIEW AND APPROVAL
The Town of
1. Approve
the permit application;
2. Approve
the permit application subject to such reasonable conditions as may be necessary
to secure substantially the objectives of this regulation, and issue the permit
subject to these conditions; or
3.
Disapprove the permit application, indicating the reason(s) and/or procedure
for submitting a revised application and/or submission.
Failure of
the Town of
Pending
preparation and approval of a revised plan, development activities shall be allowed
to proceed in accordance with conditions established by the Town of
Section 22.04. EROSION AND SEDIMENT CONTROL PLAN
The Erosion
and Sediment Control Plan shall include the following:
1. A
natural resources map identifying soils, forest cover, and resources protected under
other chapters of this ordinance.
2. A
sequence of construction of the development site, including stripping and
clearing; rough grading; construction of utilities, infrastructure, and
buildings; and final grading and landscaping. Sequencing shall identify the
expected date on which clearing will begin, the estimated duration of exposure
of cleared areas, areas of clearing, installation of temporary erosion and
sediment control measures, and establishment of permanent vegetation.
3. All
erosion and sediment control measures necessary to meet the objectives of this local
regulation throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project, the
drafting of intermediate plans may be required at the close of each season.
4. Seeding
mixtures and rates, types of sod, method of seedbed preparation, expected seeding
dates, type and rate of lime and fertilizer application, and kind and quantity
of mulching for both temporary and permanent vegetative control measures.
5.
Provisions for maintenance of ESC practices, including easements and estimates
of the cost of maintenance. Modifications to the plan shall be processed and
approved or disapproved in the same manner as Section 22.03 of this Article,
and may be authorized by the Town of Schuyler through written authorization to
the permittee, and shall include major amendments of the erosion and sediment
control plan submitted to the Town of Schuyler. Field modifications of a minor
nature may be approved verbally by the Town of
Section 22.05. DESIGN REQUIREMENTS
A. Grading, erosion control practices, sediment
control practices, and waterway crossings shall meet the design criteria set
forth in the most recent version of the "NYS Erosion Control Standards and
Specifications" manual. A copy of the manual is on file in the office of
the Town Clerk of the Town of
B. Clearing and grading of natural resources,
such as forests and wetlands, shall not be permitted, except when approved by
the Town of
C. Clearing, except that necessary to establish
sediment control devices, shall not begin until all start up erosion and
sediment control devices have been installed and have been stabilized.
D. Phasing shall be required on all sites
disturbing greater than 5 acres, with the size of each phase to be established
at plan review and approved by the Town of Schuyler.
E. Erosion control requirements shall include
stabilization measures applied as soon as practicable in portions of the site
where construction activities have temporarily or permanently ceased, but in no
case more than 14 days after the construction activity in that portion of the
site has temporarily or permanently ceased. This requirement does not apply in
the following instances:
1. Where
the initiation of stabilization measures by the 14th day after construction activity
temporarily or permanently ceased is precluded by snow cover or frozen ground conditions,
stabilization measures shall be initiated as soon as practicable;
2. Where
construction activity on a portion of the site is temporarily ceased, and
earthdisturbing activities will be resumed within twenty-one (21) days,
temporary stabilization measures need not be initiated on that portion of the
site.
F. If seeding or other vegetative erosion
control method does not germinate within two weeks the Town of
G.
Special techniques that meet the design criteria outlined in the
"NYS Erosion Control Standards and Specifications" manual for steep
slopes and/or drainage ways shall be used. Soil stockpiles must be stabilized.
At the close of the construction season, the entire site must be stabilized
using a heavy mulch layer or another method that does not require seed
germination to control erosion (if seed germination will not occur due to
climate limitations).
H. Techniques shall be employed to prevent the
blowing of dust or sediment from the site.
I. Techniques that divert upland runoff past
disturbed slopes shall be employed. Sediment control requirements shall
include: settling basins, sediment traps or tanks, and perimeter controls.
J. Settling basins that are designed for
adaptation to long term stormwater management require approval by the Town of
K. The permittee will protect adjacent properties
by the use of a vegetated buffer strip in combination with perimeter controls.
L. If a wet watercourse will be crossed regularly
during construction, a temporary stream crossing practice approved by the Town
of
M. Stabilization adequate to prevent erosion
located at the outlets of all pipes, paved channels and all on-site stormwater
conveyance channels will be designed according to the criteria outlined in
"NYS Erosion Control Standards and Specifications" manual.
N. Construction site access requirements shall
include a temporary access road provided at all access points in order to
ensure that sediment is not tracked onto public streets by construction
vehicles or washed into storm drains or watercourses.
Section 22.06. INSPECTION
The Town of
Schuyler, or designated agent, shall make inspections as hereinafter required
and either shall approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the Erosion and Sediment
Control Plan as approved. Plans for grading, stripping, excavating, and
filling, bearing the stamp of approval of the the Town of
A.
Start of construction
B.
Installation of sediment and erosion measures
C.
Completion of site clearing
D.
Completion of rough grading
E.
Completion of final grading
F.
Close of the construction season
G.
Completion of final landscaping
H.
Successful establishment of landscaping in public areas.
The
permittee shall designate a “responsible party” employed by the contractor who
shall be on site on all days when construction or grading activity takes place.
This employee will inspect and document the effectiveness of all erosion and
sediment control practices. The documentation will be kept in a site log book.
Inspection reports will be completed every 7 days and within 24 hours of any
storm event producing 0.5 inches of precipitation or more. The reports will be
delivered to the Town of
"I
certify under penalty of law that I understand and agree to comply with the
terms and conditions of the Erosion and Sediment Control Plan. I also
understand that it is unlawful for any person to cause or contribute to a
violation of water quality standards."
The
certification must include the name and title of the person providing the
signature, address and telephone number of the contracting firm; the address
(or other identifying description) of the site; and the date the certification
is made. Each application shall include a statement that any land clearing,
construction, or development involving the movement of earth shall be in
accordance with the Erosion and Sediment Control Plan.
Section 22.07. MAINTENANCE
The
permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control(and related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions of this
permit. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by fifty (50) percent.
Section 22.08. ENFORCEMENT
A. Stop-Work Order; Revocation of Permit
In the
event that any person holding a permit pursuant to this ordinance violates the
terms of the permit or implements site development in such a manner as to
adversely affect the health, welfare, or safety of persons residing or working
in the neighborhood or development site so as to be detrimental to the public
welfare or injurious to property or improvements in the neighborhood, the Town
of Schuyler may suspend or revoke the site development permit.
B. Violation and Penalties
No person
shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms
of this ordinance. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and each day during which any violation
of any of the provisions of this ordinance is committed, continued, or
permitted, shall constitute a separate offense. Upon conviction of any such violation,
such person, partnership, or corporation shall be punished by a fine of not
more than three hundred fifty dollars ($350.00) for each offense. In addition
to any other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this ordinance
shall be required to bear the expense of such restoration.