North Greenbush City Zoning Code
ARTICLE XIX
Snyders Lake Watershed Overlay District
§ 197-94 District boundaries.
The boundaries of the Snyders Lake Watershed Overlay District shall be generally as shown on the Official Zoning Map[1] of the Town of North Greenbush, as amended. The district shall include all of the area encompassed by the natural watershed of Snyders Lake and any additional area from which surface water runoff is directed into the watershed.
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk.
§ 197-95 District regulations.
Development within the boundaries of the Snyders Lake Watershed Overlay District shall be in accordance with rules and regulations as outlined below:
A.
A permit shall be required for the control of erosion and sedimentation related to land clearing, grading and construction activities associated with the development of any use permitted by right, any use permitted by special permit and any permitted accessory use within any zoning district underlying the Watershed Overlay District.
B.
Application for a permit shall be made in writing to the Planning Board where proposed development involves a site plan or subdivision approval or to the Zoning Board of Appeals where proposed development involves a variance or special permit. In all other cases, application shall be made in writing to the Building Director or his designee where proposed development involves a building permit or such other permit as may be deemed appropriate.
§ 197-96 Erosion and sediment control guidelines.
These guidelines shall be followed by the permittee in preparing and implementing an erosion and sediment control plan (ESCP) for a project site:
A.
Sediment control practices/measures shall be designed to protect the natural character of streams, lakes or other waterbodies on site and minimize erosion and sedimentation off site from the start of land disturbance activities to establishment of permanent stabilization. The off-site impacts of erosion and sedimentation related to land clearing, grading and construction activities shall not be any greater during and following land disturbance activities than under predevelopment conditions.
(1)
Turbidity. Stream reaches on site and downstream of construction areas shall always remain as clear as the reaches upstream of the construction area.
(2)
Sedimentation. Sediment-laden runoff shall not be allowed to enter streams either directly or indirectly in such quantity as would result in deposition on stream bottoms.
B.
The permittee shall construct all erosion and sediment control measures in accordance with an approved ESCP, shall have them inspected by the Town of North Greenbush prior to beginning any other land disturbances, shall ensure that all runoff from disturbed areas is directed to the sediment control devices and shall not remove any erosion or sediment control measures without approval from the Town of North Greenbush.
(1)
Land grading.
(a)
No permanent cut or fill slope with a gradient steeper than 4:1 will be permitted in lawn maintenance areas. A slope gradient of up to 3:1 will be permitted in low-maintenance areas, provided that those areas are indicated on the ESCP showing intended uses with low-maintenance ground cover specified. Slope gradients steeper than 3:1 shall have a combination of vegetative and structural control measures. There shall be no channelized flow of stormwater runoff on gradients steeper than 3:1 without properly designed conveyance structures.
(b)
The permittee shall ensure that perimeter grading blends with adjoining property. The permittee shall not create new grades below or above the ground level of adjoining property at or before the boundary line, except where a retaining wall is properly designed and constructed entirely on the property of the owner who creates the grading or where the owner has a letter of authorization from the adjoining property owner to extend the slope onto the adjoining property.
(c)
Where protection of trees and/or other vegetation is required, the location shall be shown on the ESCP. The method of protection should be described.
(2)
Drainage control.
(a)
The permittee shall not create a fill which causes water to pond on off-site or adjacent property unless such fill is associated with an approved temporary sediment control structure, permanent stormwater management structure or planned landscape structure and without first having obtained ownership or easement for such use from the owner of the off-site or adjacent property.
(b)
Runoff from any land-disturbing activity shall not be discharged or have the potential to be discharged onto adjacent property not owned by the permittee (or his/her client) or into storm drains or watercourses unless such discharge is directed through an accepted, properly designed, installed and maintained structure to retain sediment on site.
(c)
For the finished grading, the permittee shall provide adequate gradients so as to:
(d)
Permanent swales or other points of concentrated water flow shall be stabilized with sod or seed with an approved erosion control matting as protective covering.
(e)
Surface flows over cut and fill slopes shall be controlled either by redirecting flows from traversing the slopes or by installing mechanical devices to lower the water downslope without causing erosion. Dikes shall be installed and maintained at the top of cut or fill slopes until the slope and drainage area to it are fully stabilized.
(3)
Timing.
(a)
Except as noted below, the permittee shall apply sod, seed, mulch or other approved stabilization measures to all disturbed areas within 15 calendar days after stripping and grading activities have ceased on that area. Maintenance shall be performed as necessary to ensure continued stabilization.
[1]
Active construction areas such as borrow or stockpile areas, roadway improvements and areas within 50 feet of a building under construction may be exempted from this requirement, provided that erosion and sediment control measures are installed and maintained to protect those areas.
[2]
On cut sides of roads, ditches must be stabilized immediately with rock riprap or other nonerodible liners or, where appropriate, vegetative measures such as sod. Where seeding is approved, an anchor mulch must be used and soil must be limed and fertilized in accord with soil test recommendations.
[3]
During the months of October 15 through March 15, when seeding and sodding are found to be impractical, an approved mulch shall be applied. In such cases, seeding shall be completed prior to the following May 20.
[4]
All slopes steeper than 3:1, basin or trap embankments and perimeter dikes shall be stabilized with sod, seed and anchored straw mulch or other approved stabilization measures within seven calendar days of establishment Areas disturbed outside of the perimeter sediment control system shall be minimized and immediately stabilized with approved measures. Maintenance shall be performed as necessary to ensure continued stabilization.
(b)
Temporary sediment trapping devices shall be removed within 30 calendar days following establishment of permanent stabilization in all contributory drainage areas. Stormwater management structures used temporarily for sediment control shall be converted to the permanent configuration within this time period as well.
(c)
The ESCP shall include a construction sequence which states that clearing for and installation of required sediment control measures shall be completed and inspected prior to commencing any other land-disturbing activities. Installation of storm drainage, utility construction, installation/conversion of stormwater management structures, temporary and permanent stabilization shall be included in the sequence with other construction activities. The sequence shall include removal of temporary sediment control measures with prior inspection and permission by the Town of North Greenbush.
(4)
Stream protection.
(a)
The permittee shall protect the bed and banks of all on-site and off-site streams that may be impacted by on-site land clearing, grading and construction activities to prevent stream bank erosion, stream enlargement and degradation or loss of fisheries habitat.
(b)
Stormwater control and mitigation measures shall be required where increased flow rates from land clearing, grading and construction activities may cause accelerated erosion in a natural stream channel or drainage course. When in-stream measures are required, a DEC fisheries habitat technician should be involved with the planning and design of such measures.
(c)
Where work roads or haul roads cross stream channels, temporary crossings maintaining adequate waterway openings must be constructed using spans, culverts, clean methods that will ensure that road construction and use does not result in turbidity and sediment downstream.
(5)
Maintenance.
(a)
The permittee shall inspect periodically and maintain continually in effective operating condition all erosion and sediment control measures until such times as they are removed by permission from the permit-issuing authority.
(b)
The permittee shall protect all points of construction ingress and egress to prevent the deposition of materials onto traversed public thoroughfare(s) either by installing and maintaining a stabilized construction entrance or by washing all vehicle wheels in a safe disposal area. All materials deposited onto public thoroughfare(s) shall be removed immediately.
(6)
Design specifications. The following design standards and specifications are acceptable for use and shall be identified and shown in the ESCP to be approved by the Town of North Greenbush: