UntitledAT a Regular Meeting of the Town Council of the Town of
Wappinger held at the Town Hall, Mill Street, Wappingers Falls,
New York, on the 21st day of Jan—, 1985 at 7:30 P.M. the
following amendments to the Soil Erosion and Sediment Control
Ordinance were introduced by Councilman -1--
who
—who moved its adoption:
BE IT ENACTED, by the Town O of the Town of
Wappingers, as follows:
ARTICLE II - DEFINITIONS - No. 6 -
DEVELOPMENT PLAN: to be amended to read as follows:
"The official master plan of the Town of Wappinger
which is used as a guide for the appropriate development of
the Town."
ARTICLE II - DEFINITIONS - No. 13 -
GRADING: to be amended to read as follows:
"Any stripping of soil, cutting of earth forms, filling,
stockpiling, or any combination thereof and shall include the
land in its cut or filled condition."
ARTICLE II - DEFINITIONS - No. 29 -
STANDARDS AND SPECIFICATIONS: to be amended to read as follows:
"The manual entitled, "Erosion and Sediment Control
Standards and Specifications" published by the Town of Wappinger
Conservation Advisory Council, printed January 1981, which is a
compilation of best design practices for construction related
activities intended to minimize impact upon water quality from
soil erosion and sedimentation, and which may, from time to
time, be updated and/or revised on an annual basis no later,
however, than March 1, of each year.
ARTICLE III - APPLICATION PROCEDURE -
Subdivision B/COMPLIANCE: SITE PLANS AND SUBDIVISION PLATS
to be amended to read as follows:
"No site plan or plat shall be approved unless it includes
soil erosion and sediment control measures in accordance with the
standards and specifications of the Town of Wappinger. No
approval for a certificate of occupancy for any building will
be granted unless all needed erosion control measures have been
completed or substantially provided for in accordance with this
ordinance and the standards and specifications of the Town of
Wappinger. The applicant shall bear the final responsibility
for the installation, construction, and maintenance of all
required erosion control measures according to the provisions
of this ordinance and to the standards and specifications of
the Town of Wappinger. For this section, plat shall mean any
subdivision: plan which will require internal street/s , man-made
drainage systems, extensive regrading, underground utilities
and/or other improvements.
ARTICLE III - APPLICATION PROCEDURE -
Subdivision C/COMPLIANCE : PLOT PLANS to be amended to read
as follows:
"Prior to issuance of a building permit for one or more
lots within an approved subdivision, the applicant shall include
erosion control measures either on an overall plan or on
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individual plot plans, at the discretion of the Zoning
Administrator. The requirements of this section may be
waived if, in the discretion of the Zoning Administrator
and Engineer to the Town, there is no reasonable erosion
hazard."
ARTICLE III - APPLICATION PROCEDURE -
Subdivision D: DATA REQUIRED: No 5 : to be amended to read
as follows:
"Plans and specifications of soil erosion and sedimentation
control measures, in accordance with standards and specifications
of the Town of Wappinger, at a reasonable scale, preferably
1" = 50 fl
ARTICLE III - APPLICATION PROCEDURE -
Subdivision E: PERMITS: No I./REQUIREMENT: to be amended to
read as follows:
"Except as exempted by Paragraph 2 of this section,
no applicant shall do any grading, stripping, cutting, filling,
or other site preparation, without a valid grading permit issued
by the Zoning Administrator."
ARTICLE III - APPLICATION PROCEDURE -
Subdivision E: PERMITS: No. 2./APPLICATION: to be amended to
read as follows:
"A separate application shall be required for each
grading permit. Plans, specifications, and timing schedules
shall be submitted with each application for a grading permit.
The plans shall be prepared or approved and signed by a pro-
fessional engineer, surveyor, or an architect at a scale
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acceptable to the Zoning Administrator, and shall be reviewed
and approved, disapproved, or modified by the engineer to the
Town. The Zoning Administrator may waive the preparation or
approval and signature by the applicant's professional engineer,
surveyor, or architect when the work entails no reasonable hazard
to the adjacent property."
ARTICLE IV - PRINCIPLES AND STANDARDS -
Subdivision A/IMPLEMENTATION: to be amended to read as follows:
"Since considerable soil erosion can take place during
construction, plans shall contain both proposed erosion and
sediment control measures and a timetable for development and
control. These measures shall be incorporated into the final
plat, site plan, or plot plan and the final construction
drawings. Erosion and sediment control measures shall conform
to the standards and specifications established by the Town of
Wappinger. These measures shall apply to all features of the
construction site, including street and utility installations as
well as to the protection of individual lots. Measures shall
also be instituted to prevent or control erosion and sedimentation
during various stages of development."
ARTICLE IV - PRINCIPLES AND STANDARDS -
Subdivision B/GENERAL DESIGN PRINCIPLES: No. 8: to be amended
to read as follows:
"Critical areas exposed during construction shall be
protected with temporary vegetation and/or mulching, or other
appropriate methods described by the Standards and Specifications."
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ARTICLE V - INSPECTION AND ENFORCEMENT -
Subdivision A/INSPECTION: to be amended to read as follows:
"The requirements of this article shall be enforced by
the Zoning Administrator who shall inspect or require adequate
inspection of the work. If the Zoning Administrator finds any
existing conditions not as stated in any application, grading
permit, or approved plan, said Zoning Administrator may refuse
to approve further work and issue a cease and desist order.
For purposes of inspecting for compliance with this ordinance,
the Zoning Administrator or representative shall be guaranteed
access to the applicant's site and a valid permit shall be
available upon request, at the site."
ARTICLE V - INSPECTION AND ENFORCEMENT -
Subdivision D/PENALTIES: to be amended to read as follows:
"Any person, firm or corporation who violates, neglects,
omits, or refuses to comply with any provision of this Ordinance,
or any permit or exception granted hereunder, or any lawful
requirement of the Zoning Administrator, shall be fined on
conviction not less than tido hundred and fift^�5
Y 0e 42-5;0) dollars
nor more than five hundred ($500) dollars together with the cost
of prosecution. To promote compliance with the provisions of
the Ordinance, each day that a violation continues, following
notification, shall be deemed a separate offense. The imposition
of any fine shall not exempt the offender from further compliance
with the provisions of the Ordinance."
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PLEASE TAKE FURTHER NOTICE, that all interested persons
will be heard at the above stated time and place.
DATED: March 5 , 1985
BY ORDER OF THE TOWN BOARD
own Clerk