Pine Plains Town City Zoning Code
ARTICLE VIII
Environmental Controls and Site Design Standards
§ 275-35 General performance standards.
In addition to all relevant provisions of other local, state and federal laws, no use shall be established, maintained, altered, moved, expanded or continued unless said use complies to the maximum extent practicable with the following standards:
Noise. No noise shall exceed intensity, as measured from the boundaries of the lot on which such use is situated, which exceeds levels normally associated with activities allowed within the applicable zoning district. In determining acceptable noise levels, the Planning Board shall rely on local and county regulation, as well as criteria established by the U.S. Federal Highway Administration, the U.S. Environmental Protection Agency and the U.S. Department of Housing and Urban Development.
Atmospheric effluence. No unreasonable dust, dirt, smoke, noxious odor or noxious gases shall be disseminated beyond the boundaries of the lot on which such use is located.
Heat. No unreasonable heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, stream, or on or into the ground, unless in strict accordance with the standards approved by the Dutchess County Department of Health or other duly empowered agency.
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices standard in the industry. All burning of such waste materials in open fires is prohibited.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot line; nor shall any vibration produced exceed 0.002 g peak at up to 50 cps frequency, measured at or beyond the lot line using either seismic or electronic vibration-measuring equipment. Vibrations associated with construction activities may exceed these measurements only where the Planning Board has authorized said exceedances in conjunction with special use, site plan and/or subdivision plan approval and only in accordance with a blasting protocol approved by same.
Underground storage tanks. The installation, construction, or placement of new underground storage tanks or containers of 1,100 gallons or less for petroleum products, including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses, including home fuel storage tanks for residential purposes. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 613, which regulates storage tanks holding 1,100 gallons or more.[2]
Mining material restriction. The importation, processing and/or stockpiling of materials from off-site sources, including but not limited to other mining operations within or outside of the Town of Pine Plains, shall be prohibited unless said activities are associated with bona fide construction activities on site conducted in accordance with an approved building permit, site plan, subdivision plan or special use permit.
§ 275-36 Greenway compact. [1]
The Town of Pine Plains is a designated Greenway Compact Community. During review of any subdivision, site plan, special permit, zone amendment or petition or use variance application, the reviewing agency shall consider an application's consistency with the principles set forth in "Greenway Connections" in its decisionmaking process.
§ 275-37 Landscaping and screening.
General. All areas of a lot not left in a natural state and not developed with buildings, driveways, or other impervious surfaces shall be maintained continuously in a dust-free condition by installing suitable landscaping, including trees, shrubs, grass or other ground cover, or by providing a stable pervious surface such as gravel, crushed rock or similar material. Yards shall be landscaped and maintained in a manner consistent with the general character of the neighborhood in which the property is situated. Landscape treatments shall minimize soil erosion and stormwater runoff, and provide necessary screening as set forth herein.
Landscaping standards. The Planning Board may require submission of a landscape plan in conjunction with any site plan or special use permit application. The following standards shall be met:
Landscaping shall be appropriate to the project and the natural vegetative cover shall be preserved to the maximum extent practicable. All landscaping plans shall be prepared by a landscape architect or other NYS-licensed qualified professional.
A landscape plan shall include plant selection suitable to the conditions of the site. Plant specimens native to the region are to be used wherever possible.
Within the area of proposed disturbance, the location of trees with a diameter of 12 inches or greater measured at chest height (dbh) shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees of twelve-inch dbh shall be preserved to the maximum extent practicable.
Construction practice and planting specifications should follow ANSI Z60.1, American Standards for Nursery Stock.
Natural vegetation shall be preserved by appropriate construction practices and site layout.
All planting shown on an approved plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the specifications of the approved plan.
Screening.
[Amended 5-21-2015 by L.L. No. 2-2015]
As a condition of site plan or special use permit approval, the Planning Board may require that a screen be established to minimize views of facilities, buildings, and parking areas associated with nonresidential uses from adjoining residences or the public right-of-way.
Method of screening.
Plant materials shall be no less than four feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Plant materials shall be spaced at distances no greater than 10 feet on center. Screening surrounding dumpsters shall be in accordance with § 275-19H of this chapter.[2]
A wall, fence (finished side out), or earthen berm may be substituted for, or required in conjunction with, planting materials. The Planning Board shall establish conditions on the location, height, and design of same.
Modifications. Where existing topography or vegetation warrant exceptions to the strict application of standards in this section, the Planning Board may modify the planting or screening requirements set forth in this section.
§ 275-38 Lighting.
Purpose and applicability.
It is the purpose of this section to minimize light pollution in the Town of Pine Plains by:
Using fixtures with optical controls that distribute light in the most effective and efficient manner;
Using shielded outdoor light fixtures where required and wherever feasible;
Assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section; and
Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.
This section shall not apply to single-family detached dwellings.
Lighting plan. The Planning Board may require submission of a lighting plan and supporting data as part of any site plan, special use permit or subdivision plan application. Said plan and data shall illustrate proposed fixture locations, lighting levels measured in footcandles, illustrations of proposed fixtures, glare-control devices, lamps, mounting heights, and a description of hours of operation and proposed maintenance. The Planning Board may require illumination intensities to be plotted on a ten-foot-by-ten-foot grid.
Standards. Lighting shall conform to the following standards:
All lighting, including sign lighting, shall be designed and arranged so as to minimize glare and reflection on adjacent properties.
The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings.
Pole-mounted lighting located within any existing or proposed public right-of-way within a Hamlet District shall be Halophane Granville Series Postlite, with rib and band hinged lunar optic top and cross finial, mounted on a Wadsworth series tapered fluted post or approved equal.
The maximum height of a light fixture shall not exceed 20 feet.
The source of the light shall be fully shielded with full ninety-degree cut-off luminaires or located such that it shall not be visible beyond the property boundary on which it is situated.
All outdoor lighting shall be of such type and location to provide a minimum illumination of one footcandle in publicly accessible areas and shall be shielded so as prevent the source of the light from being a visual nuisance to any adjoining residential property.
Illumination from light fixtures shall not exceed 0.1 footcandle on adjacent residential property, or 0.5 footcandle on adjacent business property, as measured along the shared property boundary.
The Planning Board, as a condition of any approval, may impose limits on the hours of operation. To effectuate this objective, the Planning Board may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of operation.
Light control shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board.
Mercury vapor lights and quartz lamps are prohibited light sources.
Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity.
§ 275-39 Flood hazard areas.
All requirements, procedures, and standards of Chapter 160, Flood Damage Prevention, of the Town Code shall be met for all areas identified by the Federal Emergency Management Agency on Flood Insurance Rate Maps.
§ 275-40 Freshwater wetlands. [1]
Any building permit application that proposes activities that would disturb any area regulated by the U.S. Army Corps of Engineers or the New York State Department of Environmental Conservation (NYSDEC) as freshwater wetlands shall comply with Article 24 and Title 23 of Article 71 of the Environmental Conservation Law and/or the federal Section 404 law. Freshwater wetland boundaries shall be flagged and verified by the NYSDEC or the U.S. Army Corps of Engineers.
Any wetland boundary, and in the case of NYSDEC wetlands, a one-hundred-foot regulated area, shall be illustrated on any site plan or subdivision plan. For NYSDEC-regulated wetlands, the plan showing the wetland boundary shall bear the signature of a DEC officer who has approved such field flagging.
No building permit shall be issued for any disturbance requiring a permit prior to issuance of said permit by the NYSDEC or the U.S. Army Corps of Engineers.
§ 275-41 Local protection of streams.
Any activity requiring site plan, special use permit, or subdivision plan approval that is proposed within 100 feet of a stream or its banks shall be reviewed and approved by the Planning Board. No alteration, whether by excavation, filling, grading, clearing, draining or similar disturbance, shall be made that will negatively impact a stream. The Planning Board, in its discretion, and based on a consideration of the extent and type of disturbance to the stream and/or the adjoining one-hundred-foot regulated area, may require submission of analyses to determine how said disturbances affect the water level and flow, recharge, drainage patterns, water quality, and aquatic ecosystems associated with said stream. The Planning Board shall ensure that any activity is conducted in a manner that minimizes potential environmental impacts to the stream. Where the applicant must obtain a stream disturbance or discharge permit from the NYSDEC, Planning Board approval shall be conditioned on the agency's approval.
§ 275-42 Stormwater management.
Findings.
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
Stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
Clearing and grading during construction may increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse impacts of erosion and sedimentation from development.
Purposes. The purpose of this section is to establish minimum stormwater management practices to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction, to protect water quality, maintain habitat, and prevent stream bank and lakeshore erosion in the Town's water resources, and to address the findings of Subsection A hereof. This section seeks to meet those purposes by achieving the following objectives:
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-08-001 or as amended or revised;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
Applicability.
This section shall be applicable to all commercial development projects proposing equal to or greater than one acre of disturbance and all residential development projects proposing equal to or greater than five acres of disturbance. This section shall also be applicable to all projects that are proposed to be constructed in phases.
The municipality shall designate the Zoning Enforcement Officer to accept all erosion and sediment control plans (E&SC) and stormwater pollution prevention plans (SWPPP) and shall forward such plans to the Town Engineer. The Town Engineer may review the plans, specifications and related documents at a cost not to exceed a fee schedule established by the Town Board, and may accept the certification of a licensed professional that the plans conform to the requirements of this section.
Any site plan, subdivision, or special use permit application resulting in a disturbance of greater than one acre shall be reviewed and approved by the Planning Board subject to the standards set forth in this section.
Activities not subject to review as stated in section C(3) shall be required to submit a SWPPP to the Zoning Enforcement Officer, who shall approve the SWPPP if it complies with the requirements of this section.
Exemptions. The following activities are exempt from review under this section:
Agricultural uses.
Forestry activity, except that landing areas and log haul roads are subject to this section.
Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management practice or facility deemed necessary by the Zoning Enforcement Officer and/or the Town Engineer.
Cemetery graves.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.
Landscaping and horticultural activities in connection with an existing structure.
Stormwater pollution prevention plan.
Stormwater pollution prevention plan required. No application shall be deemed complete until the Planning Board or Zoning Enforcement Officer has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications below.
Contents of stormwater pollution prevention plan. All SWPPPs shall provide the following, unless waived by the Planning Board or Zoning Enforcement Officer:
Information regarding the scope of the project, including location, type and size;
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; location(s) of the stormwater discharge(s) at a scale no smaller than one inch equals 100 feet;
Description of the soil(s) present at the site;
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
Description of the measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project close-out;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name and water quality classification of any receiving water;
Delineation of SWPPP implementation responsibilities for each part of the site;
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
Any existing data that describes the stormwater runoff at the site.
Additional requirements.
Activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as part of the SWPPP submission and as set forth below:
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water body identified on the New York State Department of Environmental Conservation's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
Condition B: stormwater runoff from land development activities disturbing five or more acres.
Condition C: stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of a single-family residence.
Additional material to be submitted:
Description of each post-construction stormwater management practice;
Site map/construction drawings showing the specific location(s) and size(s) of each post-construction stormwater management practice;
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
Comparison of post-development stormwater runoff conditions with pre-development conditions;
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures as per the requirements of this section.
Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the preparer, who shall certify that the design of all stormwater management practices meets the requirements of this section.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
Contractor certification.
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
The certification statement(s) shall become part of the SWPPP for the land development activity.
Copies of SWPPP. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final site stabilization.
Performance and design criteria. Stormwater management practices that are designed and constructed in accordance with the following documents and specifications shall be presumed to meet the standards imposed by this section:
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor).
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor).
The Instruction Manual for Stormwater Construction Permit (New York State Department of Environmental Conservation, most current version or its successor).
No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
Maintenance and repair of stormwater facilities.
Maintenance during construction.
The applicant or developer shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the conditions of the SWPPP. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
The applicant or developer or a designated representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Zoning Enforcement Officer and also copied to the site log book.
Maintenance easement. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer shall execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Pine Plains to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the County Clerk after review and approval by the Town Attorney.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall operate and maintain the stormwater management practices (SMPs) to achieve the objectives of this section. Proper operation and maintenance also includes, as a minimum, the following:
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the objectives set forth herein.
Written procedures for operation and maintenance and training new maintenance personnel.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations as set forth in this section.
Maintenance agreements. Where a maintenance agreement is required, the Town of Pine Plains shall approve same, which shall be binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to any final approval. The maintenance agreement shall be in a form acceptable to the Town Attorney. The Town of Pine Plains, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. The agreement shall incorporate the following requirements:
The agreement will bind the Town of Pine Plains and the facility owner, its successors and assigns to the maintenance provisions depicted in the approved plans, which shall be attached to the agreement.
The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures as necessary to ensure performance of the measures to design specifications. Stormwater control measures may include, but are not limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds.
The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities.
The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five-year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a professional engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town Engineer, within 30 days of the inspection, a written report of the findings, including recommendations for those actions necessary for the continuation of the stormwater control measures.
The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town Engineer.
The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town Engineer.
The facility owner shall provide to the Town, within 30 days of the date of the agreement, a security for the maintenance and continuation of the stormwater control measures in the form of a bond, letter of credit or escrow account, based on the recommendations of the Town Engineer and in a form acceptable to the Town Attorney.
The agreement shall be recorded in the office of the County Clerk, County of Dutchess, together with the deed for the common property and shall be included in the offering plan and/or prospectus approved.
The agreement shall include a condition that where the Town Engineer determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with approved plan or has failed to undertake any corrective action, the Town Engineer is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property.
The agreement shall include a requirement that the landowner grant to the Town of Pine Plains the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
Administration and enforcement.
Erosion and sediment control inspection.
The Zoning Enforcement Officer may require such inspections as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of the SWPPP. The applicant shall notify the Zoning Enforcement officer at least two working days before any of the following:
Start of construction.
Installation of sediment and erosion control measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Town Engineer.
Stormwater management practice inspections. The Town Engineer and/or Zoning Enforcement Officer is responsible for conducting inspections of stormwater management practices (SMPs). The Town may retain the services of a registered professional engineer to conduct inspections, and prepare related inspection reports at a cost not to exceed a fee schedule established by the Town Board. All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including, but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
Submission of reports. The Town of Pine Plains Zoning Enforcement Officer may require the submission of monitoring reports to ensure compliance with this section.
Performance guarantee.
Construction completion guarantee. In order to ensure the full and faithful completion of all activities related to compliance with all conditions set forth by the Town of Pine Plains in its approval of the SWPPP, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit, in a form acceptable to the Town Attorney, from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Pine Plains as the beneficiary. The security shall be in an amount to be determined by the Town Board based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility has been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Zoning Enforcement Officer.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Pine Plains with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Pine Plains may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Recordkeeping. The Town of Pine Plains may require entities subject to this section to maintain records demonstrating compliance with this section.
Enforcement and penalties.
Notice of violation. When the Zoning Enforcement Officer determines that an activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation, a stop-work order, and abate the violation with fines, penalties, and by withholding a certificate of occupancy pursuant to Article XIV of this Zoning Law.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Pine Plains may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
Fees for services. The Town of Pine Plains may require any person undertaking activities regulated by this section to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Pine Plains or performed by a third party for the Town of Pine Plains.
§ 275-43 Solid waste disposal.
§ 275-44 District design standards.
Applicability. The design standards for Hamlet Districts shall apply in the H-BUS, H-MS, H-CR, H-R, H-PC and H-B Districts as further described in Appendix A, Subsection D, included as an attachment to this Zoning Law. Design standards applicable to the R and WP Districts are described in Appendix A, Subsection E, included as an attachment to this Zoning Law. The regulations established herein are not intended as a substitute for other district provisions but are additional standards to be met by the applicant or developer for actions described in Subsection B below. If there should be a conflict between the provisions of this section and other provisions of this Zoning Law, the more restrictive shall apply.
Regulated actions. The actions that shall be subject to the design standards in Appendix A are those that require site plan, subdivision plan, or special use permit approval by the Town of Pine Plains Planning Board.
Review procedures.
No separate application for approval under this section is required.
In addition to data and plans required to be submitted for subdivision, site plan approval or special use permit approval, every applicant shall also submit the additional data or plans necessary to comply with the guidelines set forth in Appendix A.
Prior to any approval, the Planning Board shall make a determination that the proposed action complies with the design standards set forth in Appendix A to this Zoning Law and set forth such finding in its resolution of approval. Where the Planning Board determines to waive any design standards, the Planning Board shall note the reason for said waiver in written findings.
Findings by the Planning Board.
During its review of an application for site plan, subdivision plan or special use permit approval, the Planning Board shall consider the design standards in addition to other applicable standards and requirements of this Chapter 275, Zoning.
To assist in the review of applications subject to these design standards, the Planning Board may solicit assistance from design professionals, including but not limited to the services of a professional architect, landscape architect or planner, at the applicant's expense.
Following complete and thorough review of all documentation, the Planning Board shall, in addition to all other required actions, make a determination that the proposed action complies, subject to certain modifications, or does not comply with these design standards. If it is determined that a proposed action does not comply with the design standards, the Planning Board shall set forth the basis for such determination and shall deny the application.
The Planning Board is authorized to consider and approve additional variations to the design standards, at the request of the applicant, if it determines that the proposed variations are due to specific unique circumstances of the applicant's property, are particularly innovative and of extremely high-quality design, will contribute to the aesthetic character of the surrounding area and will further the objectives of the design standards.
If the Planning Board finds that one or more alternatives subject to special conditions are appropriate for approval, it shall set forth the basis for such a determination, including the specific measures which shall be required as a condition of approval.
Approvals, determinations and conditions rendered under this section shall have the same effect and shall be administered and enforced in the same manner as any other approvals, determinations or conditions rendered by the Planning Board regarding the site plan, subdivision, or special use permit for which approval has been sought.