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UntitledPLEASE TAKE NOTICE that the following Ordinance on Soil ontrol was adopted by the Town Board of Erosion and Sediment C held May 21st, wn of Wappinger at their regular meeting the To 1984. The following Ordinance was offered by SUPERVISOR VERSACL: who moved its adoption: I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger do hereby certify that the foregoing Ordinance was duly adopt: at'the Regular Meeting of the Town Board of the Town of Wappi:., held May 21st, 1984, at which time a quorum was present and participated throughout and that the same is still in force effect and is duly entered in the minutes of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Town ofWappinger this 22nd day of May, 1984- Date: May 22, 1984 Date of Publication: May 23, 1984 Elaine H. Snowden Town Clerk Town of Wappinger Q i 1 ' ARTICLE I TITLE AND PURPOSE A. TITLE This Ordinance will be known as the "Town of Wappingc,, Soil Erosion and Sediment Control Ordinance." B. PURPOSE Excessive quantities of soil are eroding within areas r are undergoing development for non-agricultural uses ?, as housing developments, industrial sites, roads, and recreation areas in the Town of Wappinger. This soil erosion makes necessary costly repairs to gullies, wa:l.r out fills, roads and embankments. The resulting sedi::;, clogs storm sewers, muddies streams and silts lakes. i:nent is expensive to remove and limits the use of water for r.; t beneficial purposes. Sediment choked streams can resu a �n flooding and associated damages, including the threat public health and safety. ARTICLE II DEFINITIONS The following definitions shall apply in the interpret,,.,,1 and enforcement of this Ordinance, unless otherwise specifically stated: 1. APPLICANT: Any individual, corporation, or entity is required under the Zoning Ordinance to obtain ce plan or subdivision approval. 2. CERTIFICATION: A signed, written statement by tt:4 Zoning Administrator that specific constructions, inspections or tests, where required, have been •I. performed and that such comply with the applicab : requirements of this article or regulations adopt,,,i, 3. EROSION: The wearing away of the land surface [j the action of wind, water or gravity. 4. EXCAVATION OR CUT: Portion of land surface or ar,•,i from which earth has been removed or will be remc,r. , <: by excavation; the depth below original ground su- e to excavated surface. 5. DEBRIS BASIN: A barrier or dam built across a u,. � t_ :! way or at other suitable locations to retain rock, s<ir gravel, or silt or other material. 6. DEVELOPMENT PLAN: The official master plan of r_ Town of 5:appinger which is used as a guide for the appropriate development of various areas of the T:;;- 7. DIVERSION: A channel with or without a supporter ridge on the lower side constructed across or at t' bottom of a slope. 8. EMBANKMENT OR FILL: A man-made deposit of soil, or other materials. 9. EXISTING GRADE: The vertical location of the exi:;;;,g ground surface prior to cutting or filling. 10. FEE - PERMIT: The payment required from an appli,.;: for the issuance of a permit under the provisions r± chis Ordinance. 11. FEE - INSPECTION: The payment required from the permittee for inspections required under the provi:.;i of this Ordinance. 12. FINISHED GRADE: The final grade or elevation of t,, -2- ground surface conforming to the proposed design. 13. GRADING: Any stripping, cutting, filling, stoc!<-.ung, or any combination thereof and shall include the iia in its cut or filled condition. 14. GRADING PERMIT: A permit issued to authorize wc, i =.o be performed under this Ordinance. 15. GRASSED WATERWAY: A natural or constructed water - '4# usually broad and shallow, covered with erosion-tf:i;tant grasses, used to conduct surface water from a fie,', diversion or other site feature. 16. MULCHING: The application of plant or other su_!:.; e materials on the soil surface to conserve moistu-,. '.old soil in place, and aid in establishing plant cove, 17. NATURAL GROUND SURFACE: The ground surface in i!_ original state before any grading, excavation or 18. ONE HUNDRED YEAR FLOOD PLAIN: That area which be inundated by storm runoff or flood water equivalc;.r co that which would occur with a rainfall or flood cit ;e hundred (100) year recurrence frequency. 19. PERMITTEE: Any person to whom a permit is issue(i accordance with this ordinance. 20. PROFESSIONAL ENGINEER: An engineer duly register, or otherwise authorized by the State of New York t practice in the field of civil engineering. 21. REGULATED GRADING: .Any grading performed with the approval of and in accordance with criteria estabi .t,�3d by the Zoning Administrator. 22. SEDIMENT: Solid material, both mineral and organ: -3- that is in suspension, is being transported, or h.:; been moved from its site or origin by air, water t;: gravity as a product of erosion. 23. SEDIMENT BASIN: See Debris Basin. 24. SEDIMENT POOL: The reservoir space allotted to r!,, accumulation of submerged sediment during the lift the structure. 25. SLOPE: Degree of deviation of surface from the horizontal usually expressed in percent or degree. 26. SOIL: All unconsolidated mineral and organic mar,! : l of whatever origin that overlies bedrock which ca:.! readily excavated. 27. SOIL ENGI;.EER: A professional engineer who is q!: 1 : ` ied by education and experience to practice applied s;i. mechanics and foundation engineering. 28. SITE: Any plot or parcel of land or combination contiguous lots or parcels of land where grading i. performed or permitted. 29. STANDARDS AND SPECIFICATIONS: The manual entity -- "Erosion and Sediment Control Standards and Specifications" published by the Town of Wappinge-- Advisory Council, printed January 1981, which is compilation of best design practices for construct:. related activities intended to minimize impact upt>;; water quality from soil erosion and sedimentation, which may, from time to time, be updated and/or rt -,,1_ d on an annual basis no later, however, than March I i,,i each year. -4- 30. STRIPPING: Any activity which removes or signifi:_.r:,ly disturbs the vegetative surface cover,including cic.,r:.ng and grubbing operations. 31. STRUCTURAL ROCK FILLS: Fills constructed predomirr..r:cy of rock materials for the purpose of supporting st±i, -.ires. 32. TEMPORARY PROTECTION: Stabilizations of erosive 1, sediment producing areas. 33. VEGETATIVE PROTECTION: Stabilization of erosive sediment producing areas by covering the soil with a. Permanent seeding, producing long-term vegetate.. over b. Short-term seeding producing temporary vegetati { cover, or C. Sodding, producing areas covered with a turf or perennial sod -forming grass. 34. WATERCOURSE: Any natural or artificial watercour_�, stream, river, creek, ditch, channel, canal, condui..;, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which h�,, definite channel, bed and banks, and shall include _r area adjacent thereto subject to inundation by reas, of overflow or flood water. ARTICLE III APPLICATION PROCEDURE A. INITIAL It is suggested that the applicant consult the Town of Wappinger Development Plan regarding its effect upon the tract to be developed and the area surrounding it before -5- w� he submits a preliminary plat for review. He should also become acquainted with the zoning; ordinance erosion and sediment control standards and specifications, this ordi ince, and other ordinances which regulate the development of L,2::, in the Town. B. COMPLIANCE No site plan or plat shall be approved unless it includr,,; soil erosion and sediment control measures in accordance with the standards and specifications of the Town of Wapr:.er. No approval for a certificate of occupancy for any buil,'.::.., will be granted unless all needed erosion control measure have been completed or substantially provided for in acc—:: nce with this ordinance and the standards and specificatior.s the Town of Wappinger. The applicant shall bear the fir.. responsibility for the installation and construction of required erosion control measures according to the provi,.—'s of this ordinance and to the standards and specification: the Town of Wappinger. C. DATA REQUIRED The applicant must submit the following information for ri- 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 wort is to be performed. 2. Description of the features, existing and proposed, surrounding the site of importance to the proposed development. 3. Description of general topographic and general soil U conditions and contours on the site (available frc:: ,',e Dutchess County Soil Conservation District). 4. Location and description of existing and future mgr made features of i.•nportance to the proposed develo::r:f,:;t. 5. Plans and specifications of soil erosion and sedi::;- -tion control measures in accordance with standards and specifications of the Town of Wappinger. 6. A reasonable timing schedule indicating the antici;,:t,d starting and completion dates of the development si nce and the time of exposure of each area prior to the completion of effective erosion and sediment conte . measures. D. PERMITS 1. REQUIREMENT: Except as exempted by Paragraph 2 of this section, person shall do any grading, stripping, cutting, fiis, or other site preparation, without a valid grading issued by the Zoning Administrator. 2. APPLICATION: A separate application shall be required for each permit. Plans, specifications and timing schedules 11..11 be submitted with each application for a grading per,,:. The plans shall be prepared or approved and signed t.> A professional engineer or by an architect, and shall reviewed and approved, disapproved, or modified by r; engineer to the Town. The Zoning Administrator may e the preparation or approval and signature by the app i ,.lint's -7- professional engineer or architect when the work entails no reasonable hazard to the adjacent propel - ARTICLE IV PRINCIPLES AND STANDARDS A . IMPLEMENTATION Since considerable soil erosion can take place during construction, plans shall contain proposed erosion and sediment control measures. These measures shall be ince r,r.- ated into the final plat and the final construction Erosion and sediment control measures shall conform to standards and specifications established by the Town of Wappinger. The measure shall apply to all features of construction site, including street and utility install.:; : ,,;is as well as to the protection of individual lots. Measur shall also be instituted to prevent or control erosion ,4i�l sedimentation during various stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principi�- will provide effective sediment control when properly planned and applied: 1. The subdivision and site plan shall be fitted to tfi� topography and soils so as to create the least erosi,— potential. 2. Grading of land within the one hundred (100) year flood plain or watercourses designated and delineat!,i as being subject to flood hazard will not be permits- of 1979 unless Local Law No. 4/is complied with regarding fl -.",i 10 damage prevention. 3. Permanent vegetation and improvements such as streer 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 extend possible before removing the vegetation cove, from an area. ~ 4. Wherever feasible, natural vegetation shall be regi::;! 1 and protected. 5. Where inadequate vegetation exists, temporary or pc,r ent vegetation shall be established. 6. The smallest practical area of land shall be expos(-: any one time during development. 7. When land is exposed during development, the exposu:, shall be kept to the shortest practical period of r..., 8. Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching. 9. Sediment basins (debris basin, desilting basins, or t traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development. 10. Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development. 11. The permanent final vegetation and structures shall be installed as soon as practical in the developmen C. DEVELOPMENT STANDARDS All development, plus specifications and timing schedules M EJ including extensions of previously approved plans, shai include provisions for erosion and sediment control in accordance with standards and specifications establish(,t,i by the Town of Wappinger. 1. Technical standards for the design and installati,;;; of erosion and sediment control measures are avai?.,'.� from the office of the Zoning Administrator, at an appropriate fee. D. MAINTENANCE Applicants carrying out soil erosion and sediment contr measures under this article shall adequately maintain permanent erosion control measures, devices and planti- in effective working condition until a final certificat.� occupancy is granted. ARTICLE V INSPECTION AND ENFORCEMENT A. INSPECTION The requirements of this article shall be enforced by ti;, Zoning Administrator who shall inspect or require adequ.,: inspection of the work. If the Zoning Administrator fir:., any existing conditions not as stated in any applicatior.. grading permit, or approved plan, said Zoning Administrl,r - may refuse to approve further work and issue a cease ank desist order. B. VIOLATIONS Whenever, by the provisions of this Ordinance, the perf,- ----ice of any act is required, or the performance of any act i:, -10- prohibited, a failure to comply with such provisions sh., constitute a violation of this Ordinance. C. CORRECTION All violations shall be corrected within thirty (30) d�i�',. following date of issuance of written notice to correct D. PENALTIES Any person, firm or corporation who violates, neglects, _..ts or refuses to comply with any provision of this Ordinan, or any permit or exception granted hereunder, or any lawful. requirement of the Zoning Administrator, shall be fined conviction not less than fifty ($50) dollars nor more t::: one hundred ($100) dollars together with the cost of pr-ltion. To promote compliance with the provisions of this Ordin:: , each day that a violation maintains, following notificat shall be deemed a separate offense. The imposition of fine shall not exempt the offender from further compliar, s with the provisions of the Ordinance. E. FEES A fee schedule for permits and inspections based upon relevant criteria, shall be established by the Town Boat of the Town of Wappinger. ARTICLE VI 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 holding!; shall not affect the validity of the Ordinance as a who14_ or any part thereof, other than the part so declared. -11- 0 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 adopti,,-: by the Town Board of the Town of Wappinger, and shall be applic ible to all pending applications, subdivisions and site plans. Seconded by : Councilwoman Ballard Roll Call Vote: 3 Ayes Mr. McCluskey--NAy -12- Y I d' I PERMIT FEE SCHEDULE FOR SOIL EROSION AND SEDIMENT CONTROL For projects of 3 acres or less - $ 45.00 For projects exceeding 3 acres - 50 acres - 115.00 For projects exceeding 50 acres - 250.00 INSPECTION FEE SCHEDULE FOR SOIL EROSION AND SEDIMENT CONTROL, For projects of 3 acres or less - $100.00 For projects exceeding 3 acres, the following formula will be used: 20 (slope) x 5 (total area in acres) or 20M x 5A Slope is defined as the slope from the highest to lowest point within the project area. Cost of Standards & Specs for Erosion and Sediment Control will be $10.00 each.