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UntitledPLEASE 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 May 21st, 1984 at 7:45 P.M. EDT to hear all persons concerning an Ordinance on Soil Erosion and Sediment Control. The following Ordinance was introduced by Councilwoman Paino: ARTICLE I TITLE AND PURPOSE A. TITLE This Ordinance will be known as the "Town of Wappinger Soil Erosion and Sediment Control Ordinance_" B. PURPOSE Excessive quantities of soil are eroding 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 costly repairs to gullies, 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 interpretation and enforcement of this Ordinance, unless otherwise specifically stated: 1. APPLICANT: Any individual,corporation, or entity who is required under the Zoning Ordinance to obtain a site plan or subdivision approval. 2. CERTIFICATION: A signed, written statement by the Zoning Administrator that specific constructions, a inspections or tests, where required, have been C �N performed and that such comply with the applicable requirements of this article or regulations adopted. 3. EROSION: The wearing away of the land surface by the action of wind, water or gravity. 4. 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. 5. 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. 6. DEVELOPMENT PLAN: The official master plan of the Town of Wappinger which is used as a guide for the appropriate development of various areas of the Town. 7. DIVERSION: A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope. 8. EMBANKMENT OR FILL: A man-made deposit of soil, rock or other materials. 9. EXISTING GRADE: The vertical location of the existing ground surface prior to cutting or filling. 10. FEE - PERMIT: The payment required from an applicant for the issuance of a permit under the provisions of this Ordinance. 11. FEE - INSPECTION: The payment required from the permittee for inspections required under the provisions of this Ordinance. 12. FINISHED GRADE: The final grade or elevation of the -2- .44 ground surface conforming to the proposed design. 13. GRADING: Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition. 14. GRADING PERMIT: A permit issued to authorize work to be performed under this Ordinance. 15. GRASSED WATERWAY: A natural or constructed waterway, usually broad and shallow, covered with erosion -resistant grasses, used to conduct surface water from a field, diversion or other site feature. 16. MULCHING: The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. 17. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. 18. 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 frequency. 19. PERMITTEE: Any person to whom a permit is issued in accordance with this ordinance. 20. PROFESSIONAL ENGINEER: An engineer duly registered or otherwise authorized by the State of New York to practice in the field of civil engineering. 21. REGULATED GRADING: Any grading performed with the approval of and in accordance with criteria established by the Zoning Administrator. 22. SEDIMENT: Solid material, both mineral and organic, -3- 0 that is in suspension, is being transported, or has been mcved from its site or origin by air, water or gravity as a product of erosion. 23. SEDIMENT BASIN: See Debris Basin. 24. SEDIMENT POOL: The reservoir space allotted to the accumulation of submerged sediment during the life of 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 material of whatever origin that overlies bedrock which can be readily excavated. 27. SOIL ENGINEER: A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. 28. SITE: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted. 29. STANDARDS AND SPECIFICATIONS: The manual entitled, "Erosion and Sediment Control Standards and Specifications" published by the Town of Wappinger 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. -4- G 30. STRIPPING: Any activity which removes or significantly disturbs the vegetative surface cover,including clearing and grubbing operations. 31. STRUCTURAL ROCK FILLS: Fills constructed predominantly of rock materials for the purpose of supporting structures. 32. TEMPORARY PROTECTION: Stabilizations of erosive or sediment producing areas. 33. VEGETATIVE PROTECTION: Stabilization of erosive or sediment producing areas by covering the soil with: a. Permanent seeding, producing long-term vegetative cover b. Short-term seeding producing temporary vegetative cover, or C. Sodding, producing areas covered with a turf of perennial sod -forming grass. 34. WATERCOURSE: Any natural or artificial watercourse, 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. 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- •. he submits a preliminary plat for review. He should also become acquainted with the zoning ordinance erosion and sediment control standards and specifications, this ordinance, and other ordinances which regulate the development of land in the Town. B. COMPLIANCE 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 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 applicant 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 development. 3. Description of general topographic and general soil -6- conditions and contours 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 development. 5. Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Town of Wappinger. 6. A reasonable 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 Paragraph 2 of this section, no person shall do any grading, stripping, cutting, filling, or other site preparation, without a valid grading permit issued by the Zoning Administrator. 2. APPLICATION: 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 professional engineer or by an architect, 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 -7- professional engineer or architect when the work entails no reasonable hazard to the adjacent property. ARTICLE IV PRINCIPLES AND STANDARDS A. IMPLE14ENTATION Since considerable soil erosion can take place during construction, plans shall contain proposed erosion and sediment control measures. These measures shall be incorpor- ated into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications 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 various stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principles will provide effective sediment control when properly planned and applied: 1. The subdivision and site plan shall be fitted to the topography and soils so as to create the least erosion potential. 2. Grading of land within the one hundred (100) year flood plain or watercourses designated and delineated as being subject to flood hazard will not be permitted of 1979 unless Local Law No. 4/is complied with regarding flood WZ damage prevention. 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 extend 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 exposed at any one time during development. 7. When land is exposed during development, the exposure shall be kept to the shortest practical period of time. 8. Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching. 9. Sediment basins (debris basin, desilting basins, or silt 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 development. C. DEVELOPMENT STANDARDS All development, plus specifications and timing schedules, U including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with standards and specifications established by the Town of Wappinger. 1. Technical standards for the design and installation of erosion and sediment control measures are available from the office of the Zoning Administrator, at an appropriate fee. D. MAINTENANCE Applicants carrying out soil erosion and sediment control measures under this article shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition until a final certificate of occupancy is granted. ARTICLE V 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. 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. B. VIOLATIONS Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is -10- 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 of the Zoning Administrator, shall be fined on conviction not less than fifty ($50) 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, 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. E. FEES A fee schedule for permits and inspections based upon relevant criteria, shall be established by the Town Board 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 holdings shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared. The -11- 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. Seconded by : Councilwoman Ballard Roll Call Vote: 3 Ayes Mr. McCluskey--NAy Adopted: May 21, 1984 -12- 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. "OWN OF WAPPINGER TOWN CLERK'S OFFICE MILL STREET P. O. BOX 324 WAPPINGERS FALLS. N. Y. 12590-0324 ELAINE H. SNOWDEN TOWN CLERK TOWN COUNCIL RENATA BALLARD JOSEPHINCORONATO GERARD J.McCLUSKEY IRENE PAINO May 21, 1984 to attend the May 21, 1984 Town Board meeting that the following statement be read at and as of the Public Hearing regarding the proposed _ ---.,,ent Control Ordinance: After a thorough review of both the proposed Soil Erosion and Sediment Control Ordinance and the current provisions under the town Land Subdivision Regulations, I strongly support the adoption of the proposed Soil Erosion and Sediment Control Ordinance. As sub-c1_air-:,a.n o-� tfaa_ Drainage Committee I am all too familiar with the damage caused by poorly executed soil and sediment control measures. Runnff from some construction sites has covered homeowners lawns with mud, flooded their property and basements as well as washed out roads and blocked storm sewers. Right now approximately 300 homes are in some stage of develop- ment in the Town of Wappinger. At least 100 more are under consid- eration. It is imperitive that the town have a strong soil erosion and sediment control program to minimize the impact these and future developments have upon homeowners properties as well as our land and streams. The portion of the town Land Subdivision Regulations dealing with soil erosion and sedimentation, while a step in the right direction, clearly is not enough. It lacks depth and detail. The ordinance proposed tonight incorporates a booklet of standards and specifications that details the best design practices which minimize the impact of construction. The proposed ordinance also provides for the enforcement of these practices. I commend Conservation Advisory Council Chairman Ed Hawksley for compiling the information and fine-tuning the proposed ordinance. Norm Benson, district manager of the Dutchess County Soil and Water Conservation District, told me recently that he fullysupports the adoption of the proposed ordinance. He also indicated that a number of our neighboring municipalities are working on similar ordinances. re Let the Town of Wappinger be a leader tonightlfyou, Mr. Supervisor, and my fellow board members to adopt the proposed Soil Erosion and Sediment Control Ordinance. III I OFFICE OF THE ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, N. Y. 12590 Tm6 257.6256 May 18, 1984 TO: Town Board FROM: Zoning Administrator & Engineer to the Town RE: FEES - Soil Erosion and Sediment Control / The proposed Local law known as "Town of Wappinger Soil Erosion and Sediment Control Ordinance" refers to two fees: one for a permit and one for inspection. As proposed, this section would be in Article V, Inspection and Enforcement, part E. The purpose of the permit fee is to take care of the administration, review, and verification of compliance on the part of the Zoning Administrator or agent acting on said administrator's behalf. For projects 3acres - 50 acres, the proposed fee is $115.00, and for projects exceeding 50 acres the fee is $250'.00, which will cover the bulk of the costs of time for the Zoning Administration Office to administer the "Soil Erosion and Sediment Control Ordinance". * For projects of 3 acres or less, a nominal fee of $45.00 is proposed. The cost of the printing 100 copies of the 179 page "Standards and Specifica- tions for Erosion and Sediment Control" is $877.00 (as of 5/18/84). It is recommended that the Town charge $10.00 for each copy of the Standards & Specifications Document to cover printing and handling. (If fewer copies are printed, the cost could go up to $12-$15 a copy). Currently, the price is $8.00. The purpose of the inspection fee is to provide for some of the costs of the Engineer to the Town. As we discussed, the engineer's responsibilities are to assess the adequacy of the propsed control plan and to verify that the proposed protection measures have, in fact, been set in place. For smaller projects of 3 acres or less, the inspection fee should be $100.00. A formula will be used to determine the cost of engineer inspection on projects greater than 3 acres. This formula includes the greatest slope from highest to lowest point within the project area and total acreage. The slope will have the greater weighting in determining the fee. As proposed, the project engineer will provide slope and area data. For example, if the slope is 15% and the area is 10 acres and the multiplier (a constant) for the slope is 20 and the multiplier (a constant) for the area is 5, the cost would be: r 3 OFFICE OF THE ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. N. Y. 12590 Ts6. ZO7•o2se May 18, 1984 RE: FEES - Soil Erosion & Sediment Control page 2 20(.15) x 5(10) = $150.00 Another example: 50% slope 10 acres Third example: 15% 'slope 50 acres or 20M x 5A M = slope A = area in acres or 20(.5) x 5(10) = $500.00 (note:this example increases the slope.) or 20(.15) x 5(50) = $750.00 (note: this example increased the acreage) PMF/fh cc: Ed Hawksley,Chairman Cons. Adv. Council Ron Evangelista, Eng. to Town BERNARD KESSLER ATTORNEY AND COUNSELOR AT LAW ¢"...*'_ VALENTINO T. SAMMARCO /14 ( 914) 229 - 8888 ( 914) 299 - 5700 SUPERVISOR'S OFFICE April 27, 1984 Honorable Frank J. Versace, Supervisor Town. of Wappinger Town Hall, Mill Street Wappingers Falls, New York 12590 Re: Soil Erosion and Sediment Control Ordinance Dear Mr. Versace: (koufe 9 & (Kssler .'Drive '. o2 Enclosed please find new proposed soil erosion ordinance which I have amended after conference with Mr. Hawksley and Mrs. Farnsworth. You will note that the applicant has been defined as any individual, corporation or entity who is required under the Zoning; Ordinance to obtain a site plan or subdivision approval. Please also note that with respect to maintenance on Page 10, the words, "and all subsequent owners of property on which such measures have been installed" has been deleted and we added, "until a final certificate of occupancy is granted". The Town Clerk should be requested to publicize a Notice of Hearing in time for the next meeting. The form for the Notice of Hearing should be similar to the prior notice used by the said Town Clerk. Very truly yours BERNARD KESSLE R BK/res enc 1. ARTICLE I TITLE AND PURPOSE A. TITLE This Ordinance will be known as the "Town of Wappinger Soil Erosion and Sediment Control Ordinance." B. PURPOSE Excessive quantities of soil are eroding 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 costly repairs to gullies, 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 interpretation and enforcement of this Ordinance, unless otherwise specifically stated: 1. APPLICANT: Any individual,corporation, or entity who is required under the Zoning Ordinance to obtain a site plan or subdivision approval. 2. CERTIFICATION: A signed, written statement by the Zoning Administrator that specific constructions, inspections or tests, where required, have been performed and that such comply with the applicable requirements of this article or regulations adopted. 3. EROSION: The wearing away of the land surface by the action of wind, water or gravity. 4. 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. 5. 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. 6. DEVELOPMENT PLAN: The official master plan of the Town of Wappinger which is used as a guide for the appropriate development of various areas of the Town. 7. DIVERSION: A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope. 8. EMBANKMENT OR FILL: or other materials. A man-made deposit of soil, rock 9. EXISTING GRADE: The vertical location of the existing ground surface prior to cutting or filling. 10. FEE - PERMIT: The payment required from an applicant for the issuance of a permit under the provisions of this Ordinance. 11. FEE - INSPECTION: The payment required from the permittee for inspections required under the provisions of this Ordinance. 12. FINISHED GRADE: The final grade or elevation of the -2- ground surface conforming to the proposed design. 13. GRADING: Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition. 14. GRADING PERMIT: A permit issued to authorize work to be performed under this Ordinance. 15. GRASSED WATERWAY: A natural or constructed waterway, usually broad and shallow, covered with erosion -resistant grasses, used to conduct surface water from a field, diversion or other site feature. 16. MULCHING: The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover. 17. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. 18. 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 frequency. 19. PERMITTEE: Any person to whom a permit is issued in accordance with this ordinance. 20. PROFESSIONAL ENGINEER: An engineer duly registered or otherwise authorized by the State of New York to practice in the field of civil engineering. 21. REGULATED GRADING: Any grading performed with the approval of and in accordance with criteria established by the Zoning Administrator. 22. SEDIMENT: Solid material, both mineral and organic, -3- that is in suspension, is being transported, or has been mcved from its site or origin by air, water or gravity as a product of erosion. 23. SEDIMENT BASIN: See Debris Basin. 24. SEDIMENT POOL: The reservoir space allotted to the accumulation of submerged sediment during the life of 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 material of whatever origin that overlies bedrock which can be readily excavated. 27. SOIL ENGINEER: A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. 28. SITE: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted. 29. STANDARDS AND SPECIFICATIONS: The manual entitled, "Erosion and Sediment Control Standards and Specifications" published by the Town of Wappinger 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. -4- 30. STRIPPING: Any activity which removes or significantly disturbs the vegetative surface cover,including clearing and grubbing operations. 31. STRUCTURAL ROCK FILLS: Fills constructed predominantly of rock materials for the purpose of supporting structures. 32. TEMPORARY PROTECTION: Stabilizations of erosive or sediment producing areas. It 33. VEGETATIVE PROTECTION: Stabilization of erosive or sediment producing areas by covering the soil with: a. Permanent seeding, producing long-term vegetative cover b. Short-term seeding producing temporary vegetative cover, or C. Sodding, producing areas covered with a turf of perennial sod -forming grass. 34. WATERCOURSE Any natural or artificial watercourse, 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. 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- he submits a preliminary plat for review. He should also become acquainted with the zoning ordinance erosion and sediment control standards and specifications, this ordinance, and other ordinances which regulate the development of land in the Town. B. COMPLIANCE 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 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 applicant 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 development. 3. Description of general topographic and general soil -6- conditions and contours 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 development. 5. Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifications of the Town of Wappinger. 6. A reasonable 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 Paragraph 2 of this section, no person shall do any grading, stripping, cutting, filling, or other site preparation, without a valid grading permit issued by the Zoning Administrator. 2. APPLICATION: 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 professional engineer or by an architect, 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 -7- professional engineer or architect when the work entails no reasonable hazard to the adjacent property. 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 incorpor- ated into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications 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 various stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general principles will provide effective sediment control when properly planned and applied: 1. The subdivision and site plan shall be fitted to the topography and soils so as to create the least erosion potential. 2. Grading of land within the one hundred (100) year flood plain or watercourses designated and delineated as being subject to flood hazard will not be permitted unless Local Law No. 4 is complied with regarding flood damage prevention. 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 extend 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 exposed at any one time during development. 7. When land is exposed during development, the exposure shall be kept to the shortest practical period of time. 8. Critical areas exposed during construction shall be protected with temporary vegetation and/or mulching. 9. Sediment basins (debris basin, desilting basins, or silt 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 development. C. DEVELOPMENT STANDARDS All development, plus specifications and timing schedules, -9- including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with standards and specifications established by the Town of Wappinger. 1. Technical standards for the design and installation of erosion and sediment control measures are available from the office of the Zoning Administrator, at an appropriate fee. D. MAINTENANCE Applicants carrying out soil erosion and sediment control measures under this article shall adequately maintain all permanent erosion control measures, devices and plantings in effective working condition until a final certificate of occupancy is granted. ARTICLE V 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. 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. B. VIOLATIONS Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is -10- 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 of the Zoning Administrator, shall be fined on conviction not less than fifty ($50) 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, 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. E. FEES A fee schedule for permits and inspections based upon relevant criteria, shall be established by the Town Board 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 holdings shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared. The -11- 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. 0 -12- PLANNING BOARD TQWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 September 9, 19$8 TOWN BOARD 20 Middlebush Road Wappinger Falls, NY 12590 Dear Board Members, A few years ago the Town of Wappinger adopted a Soil Erosion Control Ordinance and Standards. In the meantime Dutchess County has .developed almost identical standards which are more inclusive and Up -To -Date. I wish to recommend that the Town of Wappinger adopt the Dutchess County standards and revise the Erosion Control Ordinance accordingly. This revision negatewould Town of Wappinger a source for obtianie cost of ng copies, and the preprinting standards docume tandwould vid I would like to remind the board members that the Town of Wappinger was the first town in Dutchess County to adopt a Soil Erosion Control Ordinance, followed by several other towns which have adopted similar ordinances. If I can be of assistance, do not hesitate to call upon me. Sincerely, _ Edward S. Hawksley Planning Board Chairman copy: Zoning Administrator Conservation Advisory Council Architectural Review Board Town Attorney, Tom Wood Town Engineer, Jay Paggi Planning Consultant, Ray Arnold Planning Board BERNARD KESSLER ATTORNEY AND COUNSELOR AT LAW VALENTINO T. SAMMARCO ( 914) 229 - 8888 ( 914) 229 - 5700 February 19, 1985 Hon. Frank J. Versace Town Supervisor Town of Wappinger Town Hall Mill Street Wappingers Falls, NY 12590 (koufe 9 \(less(er lC/riUe %�. v. (80x 681 Vtyde ark. / L . 12588 Re: Soil Erosion and Sediment Control Ordinance Dear Supervisor Versace: Enclosed please find copy of proposed Soil Erosion and Sediment Control Ordinance. Very truly VR BERNARD KES BK/njk Enc. BERNARD KESSLER ATTORNEY AND COUNSELOR AT LAW VALENTINO T. SAMMARCO ( 914'. 229 8888 ( 91 1 i 229 - 3700 February 19, 1985 Hon. Frank J. Versace Town Supervisor Town of Wappinger Town Hall Mill Street Wappingers Falls, NY 12590 (Poul- 9 6 (Kss(er Bnve 'Jlyde `l ark," l.Qj 12538 Re: Soil Erosion and Sediment Control Ordinance Dear Supervisor Versace: P'EQ -7 441#198Y* 5 NN Enclosed please find copy of proposed Soil Erosion and Sediment Control Ordinance. Very truly yours, BERNARD KESS R BK/nj k Enc. i tt � -4u Ltr5 Hi -J4-1'14c4'9ei' ' 04A .Gtr 14-kt�, 1 j,,eA )6,4, tie, i- (iced' i c IQ� _ * 1 a. 1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town of Wappinger Town Board on the day of March, 1985 at 7:45 p.m. at the Town Hall, located on Mill Street, Wappingers Falls, County of Dutchess and State of New York, concerning the proposed Town of Wappinger Soil Erosion and Sediment Control Ordinance, as follows: BE IT ENACTED AS FOLLOWS: That the Town of Wappinger hereby enacts an ordinance to be known as the "Town of Wappinger Soil Erosion and Sediment Control Ordinance," which reads as follows: (see attached) PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 February 8th, 1982 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, New York 12590 RE: Proposed "Town of Wappinger Soil Erosion & Sediment Control Ordinance". Dear Board Members: The Planning Board of the Town of Wappinger would like to take this opportunity to advise you that they recommend the adoption of the proposed "Town of Wappinger Soil Erosion and Sediment Control Ordinance". Thank you for your consideration. Very truly yours, (Mrs.) etty-Ann Russ, Secretary Town of Wappinger Planning Board br cc: Edward Hawksley, Conservation dvisory Council Elaine H. Snowden, Town Clerk Home: 274 ALL ANGELS HILL ROAD WAPPINGERS FALLS, N.Y. 12590 Phone: 297-3935 RUDOLPH E. LAPAR, P.E.,P.C. Consulting Engineers August 11, 1981 Main Office: 90 EAST MAIN STREET WAPPINGERS FALLS, N.Y. 12590 Phone: 297-6272 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Town of Wappinger Soil Erosion and Sediment Control Ordinance Dear Board Members: R1; C cIVED AUG 12 1981 ELAINE H. SNOWOEN I have reviewed the proposed ordinance in accordance with your letter of July 29, 1981. It is our belief that some provision should be made for the prevention of soil erosion. However, this Ordinance is too much too soon for the following reasons: 1. There presently exists a N.Y. State Soil Conservation Handbook and it has been used in policy formation on various criteri.as for projects in the Town. 2. Implementation: The cost of inspection and enforce -m-1 of this ordinance would be astronomical and certainly should not be forced upon the Zoning Administrator. 3. Maintenance: How does one enforce such measures if not by Civic Associations or a tax against the properties. If the proposed filter strips, sedimentation basins, grassed waterways, energy dissipators and all other structures do not effect the property owner on which it lays. How is one expected to have them maintain it. The maintenance will eventually become the concern of the Town and they will have to maintain structures that normally operate efficiently only during 20 to 25 year storms. Without getting into the technical detailed problems, it is our opinion that the Erosion & Sediment Control Standards & Specifications of the Town of Wappi.nger be used as a reference without force of law (as in a legal ordinance) and that the Planning Board use it as required on specific projects with the object of solv- ing individual problems without burdening the tax- payers of the Town of Wappinger. Very truly yours, Zudolph E. Lapar, P`.E. REL/lr cc: Jon Adams, Esq. Wm. Horton, Supt. Hyws. Ed Hawksley refer it to the Planning Board for their review and re( and then sent back to the Town Board for approval. MR. JOHNSON moved to accept the Environmental Asses Michael Busi on his application for a Special Use Pe mining and refer it to the Planning Board for their recommendation. Seconded by Mr. McCluskey Motion Unanimously? Mr. Johnson then brought up a report as a member of the Committee ---they met with the Planning Board and the Advisory Council last week and discussed the Soil Eros which had previously been submitted by Mr. Hawksley, Cha the Conservation Advisory Council and had the support o Planning Board. It was decided that the Ordinance needed tion to eliminate some problems it might cause with it should go back to the Planning Board for these changes MR. JOHNSON moved that the Soil Erosion Ordinance be re the Planning Board for their consideration of inclusion Subdivision Regulations. Seconded by Mr. Diehl Motion Unanimously A late request was received from Jack and Ann Armstrong rezoning on their property on Old Hopewell Road, and the Clerk asked the Board if they wished to consider it at Mr. Johnson recommended that this matter be tabled until June Agenda. Mr. Versace had two questions for Mr. Lapar---the first regard to the blacktopping on two roads in the Pondview and the estimated date of completion; Mr. Lapar did not ha information. Mr. Versace asked that a letter be directed Highway Superintendent asking for that information. question was in regard to the pump station at Russet Lane, Mr. Lapar had been in touch with Camo Pollution Control on subject. Mr. Lapar had no knowledge of this matter since submitted alternates to the Board on solving the problem. that time, Mr. Versace added that Camo had suggested a to CHARLES J. CORBALLY ( 1966) JOHN J. GARTLAND, JR. ALLAN E.RAPPLEYEA DANIEL F. CURTIN+ FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL O. SULLIVAN + MILTON M. HAVEN JOSEPH F. HAWKINS COUNSEL +MEMBER N.Y.AND FLORIDA BAR CORBALLY, GARTLAND AND RAPPLEYEA Aftarngo aub �mtt doro at walz BARDAVON BUILDING 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 914-454-1110 Town Board Town of Wappinger Wappinger Falls, New York 12590 August 5, 1981 Re: Town of Wappinger Soil Erosion and Sediment Control Ordinance Dear Members of the Town Board: FLORIDA OFFICE 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461-3144 BRANCH OFFICE- BANK OF MILLBROOK BUILDING FRANKLIN AVE. MILLBROOK, NEW YORK 12545 914-677-5539 RECE{ VE t. AUG 6 1981 ELAINE H. skoiwm I have reviewed, in response to your letter of July 29, 1981, the form and content of the above proposed ordinance. I have a number of questions relative to it which I believe should be reviewed with Ed Hawksley before the matter is formally intro- duced as I feel that there are certain questions as to procedure which need to be clarified and I feel that certain changes need to be made in the language of the ordinance to enhance its appli- cation. Among these are as follows: 1. The application procedures under Article 3 need to be better articulated. 2. The ordinance contains phrases "standards and practices" and "standards and specifications" of the Town of Wappinger. I'm not sure whether such exist and whether those phrases are intended to be synonomous. 3. Should bonding requirements be considered comparable to those for highway to assure erosion control? If so, this may have to be integrated with the subdivision regulations. 4. Subdivision plats normally do not contemplate construction by the developer as they only contemplate the creation and sale of lots. There needs to be better articulation of the responsibi- lity of subsequent purchasers under the provisions of this contem- plated ordinance. 5. The permit requirements of Article 3 need to be better stated. As written, for example, it applies to any grading whereas I suspect that there are certain grading projects undertaken by CORBALLY, GARTLAND AND RAPPLEYEA Town Board Page - 2 - August 5, 1981 homeowners of a limited scale to which the ordinance need not apply nor need the person seek an exemption or variance from the requirements of the ordinance. 6. The reference to measures to be taken under Article IV should be prescribed rather than left to articulation by others. 7. What is meant by the scheduling of insulation of permanent vegetation under Article IV, B-3. 8. I am advised by the Zoning Administrator that no technical standards for design and insulation of erosion and sediment control measures are on file in his office. 9. Consideration should be given to revocation of a permit under Article VI -A. 10. What is the ralationship of corrections under Article VI to violations? Do we have to give the person thirty days' grace period before we can charge them with a violation? Is thirty days too lengthy for this type of correction? Should we use the procedure comparable to the zoning ordinance (order to remedy)? I will be happy to review this with Ed because I believe that while the intentions are appropriate, the ordinance requires certain revisions in order to enhance its application. Very truly yours, CORBALLY GARFLAf & RAPPLEYEA l_ Jon Holden Adams JHA/lh CC: Ed Hawksley