Untitledt
PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger
will conduct a public hearing at the Town Hall, Mill Street, Wappingers
Falls, in the Town of Wappinger, County of Dutchess, New York on
April 16th, 1984, at 7:40 P.M. EST to hear all persons concerning an
Ordinance on Soil Erosion and Sediment Control.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: March 30, 1984
Date of publication: April 4, 1984
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
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IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON AN
ORDINANCE ON SOIL EROSION AND
SEDIMENT CONTROL IN THE TOWN
OF WAPPINGER
--------------------------------
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on April 2nd, 1984, your deponent posted a copy
of the attached notice of Public Hearing on an Ordinance
on Soil Erosion and Sediment Control in the Town of
Wappinger on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger,
Mill Street, in the Village of Wappingers Falls, Dutch.ess
County, New York.
14 tO A-1
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to ,lbefore me this 1
day of r� %A 1984.
Notary) Public
ARTICLE I
TITLE AND PURPOSE
TITLE
This Ordinance will be known as the "Town Of Wappinger
Soil Erosion and Sediment Control Ordinance."
PURPOSE
Excessive quantities of soil are erecting within areas
that are undergoing development for non-agricultural
uses such as housing developments, industrial sites,
roads, and recreation areas in the Town of Wappinger.
This soil erosion makes necessary co-stly repairs to
guliys, washed out fills, roads and embankments. The
resulting sediment clogs storm sewers, muddies streams
and silts lakes. Sediment is expensive to remove and
limits the use of water for most beneficial purposes.
Sediment choked streams can result in flooding and
associated damages, including the threat to public
health and safety.
ARTICLE II
DEFINITIONS
The following definitions shall apply in the interpreta-
tion and enforcement of this Ordinance, unless otherwise
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specifically stated:
1. CERTIFICATION: A signed, written statement by
the Zoning Administrator that specific constructions,
inspections or testswhererequired have been per
formed and that such comply with the applicable re-
quirements of this article or regulations adopted.
2. EROSION: The wearing away of the land surface by
the action of wind, water or gravity.
' 3. EXCAVATION OR CUT: Portion of land surface or
area from which earth has been removed or will be
removed by excavation; the depth below original
ground surface to excavated surface.
4. DEBRIS BASIN: A barrier or dam built across a
waterway or at other suitable locations to retain
rock, sand, gravel, or silt or other material.
5. DIVERSION: A channel with or without a support-
ing ridge on the lower side constructed across or at
the bottom of a slope.
6. ENBANKMENT OR FILL: A mar. -made deposit of soil,
rock or other materials.
M. EXISTING GRADE: The vertical location of the ex -
silting ground surface prior to cutting or filling.
8, FINISHED GRADE: The f inal grade or elevation of
the ground surface conforming to the proposed design.
9. GRADING: Any stripping, cutting, filling, stock-
piling, or any combination thereof and shall include
the land in its cut or filled condition.
10: GRADING PERMIT: A permit issued to authorize
work to be performed under this Ordinance.
11. GRASSED WATERWAY: A natural or constructed water-
way, usually broad and shallow, covered with erosion -
resistant grasses, used to conduct surface water from
a field, diversion or other site feature.
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M
12. MULCHING: The application of plant or other
suitable materials on the soil surface to conserve
moisture, hold soil in place, and aid in establish-
ing plant cover.
13. NATURAL GROUND SURFACE: The ground surface in
its original state before any grading, excavation or
filling.
14. ONE HUNDRED YEAR FLOOD PLAIN: That area which ,
would be inundated by storm runoff or flood water
equivalent to that which would occur with a rainfall
or flood of one hundred (100) year recurrence fre-
quency.
15. PERMITTEE: Any person to whom a permit is issued
in accordance with this ordinance.
16. PROFESSIONAL ENGINEER: An engineer duly regis-
tered or otherwise authorized by the State of New York
to practice in the field of civil engineering.
17. REGULATED GRADING: An;' grading performed with
the approval of and in accordance with criteria
established by the Zoning Administrator.
18. SEDIMENT: Solid material, both mineral and
organic, that is in•suspension, is being transported,
or has been moved from its site or orgin by air, water
or gravity as a product of erosion.
19. SEDIMENT BASIN: See Debris Basin.
20. SEDIMENT POOL: The reservoir space allotted to
the accumulation of submerged sediment during the
life of the structure..
21. SLOPE: degree of deviation of surface from the
horizontal usually expressed in percent or degree.
22. SOIL: All unconsolidated mineral and organic
.material of whatever orgin that overlies bedrock
which can be readily excavated.
23. SOIL ENGINEER: A professional engineer who is
qualified by education and experience to practice
applied soil mechanics and foundation engineering.
24. SITE: Any plot or parcel of land or combination
of contiguous lots or parcels of land where grading
is performed or permitted.
21-�. STRIPPING: Any activity which removes or sig-
nificantly disturbs the vegetative surface cover
including clearing and grubbing operations.
26. STRUCTURAL ROCK FILLS: Fills constructed pre-
dominantly of rock: materials for the purpose of
supporting structures.
27. TEMPORARY PROTECTION: Stabilizations of erosive
or sediment producing areas.
28. VEGETATIVE PROTECTION: Stabilization of erosive
or sediment producing areas.by covering the soil
with:
a. Permanent seeding, producing long-term vegetative
b. Short -Term seeding producing temporary vegetative
cover, or
c. Sodding, producing areas covered with a turf
of perennial sod -forming grass.
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<^9. WATERCOURSE: Any natural or artificial water-
course, stream, river, creek, ditch, channel, canal,
conduit, culvert, drain, waterway, gully, ravine or
wash in which water flows in a definite direction or
course, either continuously or intermittently, and
which has a definite channel, bed and banks, and shall
include any area adjacent thereto subject to inundation
by reason of overflow or flood water.
AR TICLE III
APPLICATION PROCEDURE
A. INITIAL
The developer is encouraged tG consult the Town of Wapp-
inger development plan regarding its effect upon the
tract to be developed and the area surroundinv it before
he ,ubmit- preliminary plat for review. He chouid also
become acquaintea witti, the zor:inF ordinance, Standards and
spFcifications, this ordinance, and other, ordinances
regulate the development of land in the Town.
R . COMPLIANCE
No rite plan or plat shall be approved unless it, includes
soil erosion and sediment control measures in accordance
with the standards and practices of the Town of WaDDinFer.
No approval for occuDancv of anv building will be granted
unless all needed erosion control measures have been com-
pleted or substantially provided for in accordance with
this ordinance and the standards and specifications of
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the Town of Wappinger. The developer or builder shall bear the
final responsibility for the installation and construction of all
required erosion control measures according to the provisions of
this ordinance and to the standards and specifications of the
Town of Wappinger.
C. DATA REQUIRED
The developer must submit the following information for the
entire tract of land, whether or not the tract will be developed
in stages:
1. A boundary line survey of the site on which the work is
to be performed.
2. Description of the features, existing and proposed,
surrounding the site of importance to the proposed develop-
ment.
3. Description of general topographic and general soil
conditions on the site (available from the Dutchess County
Soil Conservation District).
4. Location and description of existing and future man-made
features of importance to the proposed developement.
5. Plans and specifications of soil erosion and sedimentation
control measures in accordance with standards and specifica-
tions of the Town of Wappinger.
6. A timing schedule indicating the anticipated starting
and completion dates of the development sequence and the
time of exposure of each area prior to the completion of
effective erosion and sediment control measures.
D. PERMITS
1. REQUIREMENT: Except as exempted by Article V, no
person shall do any grading, stripping, cutting or
filling without a valid grading permit issued by the
Zoning Administrator .
2. APPLICATION: A separate application shall be re-
quired for each grading permit. Plans, specifica-
tions 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 or by an architect. The Zoning
Administrator may waive the preparation or approval
and signature by the professional engineer or arch -1 -
when the work entails no hazard to the adjacent
property.
ARTICLE IV
PRINCIPLES' AND STANDAR-D._�
A. IMPLEMENTATION
Since considerable soil erosion can take place during
construction, development plans shall contain proposed
erosion and sediment control measures. These measures
shall be incorporated into the final plat and the final
construction drawings. Erosion and sediment control
measures shall conform to the standards and specifica-
tions established by the Town of Wappinger. The measure
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 the various stages of development.
B. GENERAL DESIGN PRINCIPLES
Practical combinations of the following general prin-
ciples will provide effective sediment control when prop-
erly planned and applied:
1. The development plan shall be fitted to the topog-
raphy and soils so as to create the least erosion
potential.
2. Grading of land within the one hundred (100) year
flood plain of watercourses designated and delirn-
eated as being subject tc flood hazard will not be
permitted unless sufficient topographic, and hydro-
logic data is presented to the Zoning '-d:;inistrator
to indicate that such alteration will have no detri-
mental influence on the flow character -1 --tics o'' the
stream.
3. Permanent vegetation and improvements such as
streets, storm sewers or other features of the
development, capable of carrying storm run-off in
a safe manner, shall be scheduled for installation
to the greatest extent possible before removing the
vegetation cover from an area.
4. Wherever feasible,.natural vegetation shall be
retained and protected.
5. Where inadequate vegetation exists, temporary or
permanent vegetation shall be established.
6. The smallest practical area of land shall be ex-
posed a� any one time during development.
7. When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
S. Critical areas exposed during construction shall be
protected with temporary vegetation and/or mulching.
9. Sediment basins (debris basin, desalting basins, or
silt traps) shall be installed and maintained to remove
sediment from run-off waters from land undergoing de-
velopment.
10. Provisions shall be made to effectively accomodate
the increased run-off caused by changed soil and surface
conaition-c during and after development.
11. The permanent final vegetation anca structures shc.il
be installed as soon as practical ir, the development.
DEVELOPMENT STANDARD"
All development, plus specifications and timing schedules,
including extensionti of previously approved plans, shall
include provisions for erosion and sediment control in
accordance with stanaards and specifications established
by the Town of Wappinger.
1. Technical standards for the design and installation:
of erosion and sediment control measures are on file at
the office of the Zoning Administrator.
D. MAINTENANCE
Individuals or developers carrying out soil erosion and
sediment control measures under this article, and all sub-
sequent owners of property on which such measures have been
installed, shall adequately maintain all permanent erosion
control measures, devices and plantings in effective work-
ing condition.
ARTICLE V
VARIANCES AND EXCEPTIONS
The Town of Wappinger Planning Board shall have the authority to
interpret this Ordinance and may in specific cases grant variances
and exceptions to these requirements providing such variance or
exception is in harmony with the general purpose and intent of
the requirements.
ARTICLE VI
INSPECTION AND ENFORCEMENT
A. INSPECTION
The requirements of this article shall be enforced by the Zoning
Administrator who shall inspect or require adequate inspection
of the work. A fee schedule shall be provided by the Zoning
Administrator and shall be paid by the applicant, which shall,
if necessary, include engineers fees. If the Zoning Adminstrator
finds any existing conditions not as stated in any application,
grading permit, or approved plan, he may refuse to approve
further work.
B. VIOLATIONS
Whenever, by the provisions of this Ordinance, the performance of
any act is required, or the performance of any act is prohibited,
a failure to comply with such provisions shall constitute a
violation of this ordinance.
C. CORRECTION
All violations shall be corrected within thirty (30) days following
date of issuance of written notice to correct.
D. PENALTIES
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
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of the Zoning Administrator, shall be fined on conviction not
less than five (5) dollars nor more than one hundred (100)
dollars, together with the cost of prosecution. To promote
compliance with the provisions of this Ordinance, each day that
a violation maintains 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.
ARTICLE VII
SEVERANCE PROVISIONS
All parts of this Ordinance shall be deemed severable.
Should any section, paragraph, or provision be declared invalid
or unconstitutional by the courts, such holdings shall not
affect the validity of the Ordinance as a whole or any part
thereof, other than the part so declared. The Town Board hereby
declares that it would have enacted this ordinance and each part
thereof irrespective of the fact that any one or more parts,
section, subsection, phrase, sentence or clauses be declared
invalid.
This ordinance shall take effect immediately upon
adoption by the Town Board of the Town of Wappinger, and shall
be applicable to all pending applications, subdivisions and
site plans.
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