(a)

Unless the context shall otherwise require, the terms, phrases, words and their derivatives used in this article shall have the same meanings as those defined in section 8-0105 of the Environmental Conservation Law and part 617 of title 6 of the NYCRR.

(b)

In this article "state environmental quality regulations" or "S.E.Q.R." means part 617 of title 6 of the NYCRR.

(Code 1966, § 8A-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following actions are exempt from this article, provided that all requirements contained in this article have otherwise been met:

(1)

Where there has been prepared under the national environmental policy act of 1969 both a draft environmental impact statement and a final environmental impact statement.

(2)

Enforcement of any and all criminal proceeding matters.

(3)

All ministerial actions.

(4)

Maintenance or repair involving no substantial changes in existing structure or facility.

(5)

Actions requiring a certificate of environmental compatibility and public need under article VII [§ 120 et seq.] or article VIII [§ 140 et seq.] of the Public Service Law and consideration, grant or denial of any such certificate.

(6)

Actions undertaken or approved prior to June 1, 1977, for local agencies and September 1, 1977, for applicants, but in the event that the S.E.Q.R. is amended so as to extend the effective date for the filing of local agencies or applicants, any such action taken prior to the date of extension by the state shall be an exempt action.

(7)

Actions which are immediately necessary on an emergency basis for the protection or preservation of life, health, property or natural resources.

(8)

Actions of the state legislature, any court of the state and the town, except as specifically provided in this article to the contrary.

(9)

All actions set forth in section 6-28 and designated as type II actions.

(Code 1966, § 8A-2)

If an action is not exempt as defined in section 6-22, determination will be made by the town as to whether the action may have a significant effect upon the environment in accordance with the rules and standards set forth in section 617.9 of the state environmental quality regulations.

(Code 1966, § 8A-3)

(a)

All actions which are not exempt actions and are processed in accordance with subsection (b) of this section shall be processed, received and filed in accordance with the procedures for filing and publishing of notices of completion as set forth in sections 617.2 and 617.7 of S.E.Q.R. and environmental impact statements shall contain the information as set forth in section 617.6 of S.E.Q.R.

(b)

The town review procedures shall consist of the following:

(1)

All applicants filing for permits for actions which are not exempt actions which may have a significant effect upon the environment shall file an application in a form as approved by the town attorney in accordance with subsection (a) of this section. If the town determines that the proposed action will not have a significant effect upon the environment, the determination shall be filed, and the proposed action may be processed without further regard to this article.

(2)

In the event that the town determines that the action may have a significant impact, the applicant shall file a draft environmental impact statement. If the town determines that, after review of the draft environmental impact statement, the action will not have a significant effect on the environment, the determination shall be filed and the application may be processed without further regard to this article.

(3)

In the event that the town determines that the action may still have a significant effect on the environment, a final environmental impact statement shall be filed and processed in accordance with this section.

(Code 1966, § 8A-4)

(a)

No decision to carry out or approve an action which may have a significant effect on the environment shall be made until the filing and consideration of the final environmental impact statement. The town's decision whether or not to approve an action which has been the subject matter of the environmental impact statement shall be made within thirty (30) calendar days of the filing of the final environmental impact statement, unless the time for approval is extended by mutual consent.

(b)

When the town decides to carry out or approve an action which may have significant effect upon the environment, it shall make the following findings:

(1)

Consistent with social, economic and other essential considerations of public policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement.

(2)

Consistent with social, economic and other essential considerations of public policy, all practicable means will be taken in carrying out or improving the action to minimize or avoid adverse environmental effects.

(Code 1966, § 8A-5)

Every application for a determination under this article which shall require a draft environmental impact statement shall be accompanied by a fee of fifty dollars ($50.00) to defray the expenses incurred in rendering such determination.

(Code 1966, § 8A-6)

Where more than one (1) agency of the state is involved in an action, the procedures of sections 617.4 and 617.8 of S.E.Q.R. shall be followed.

(Code 1966, § 8A-7)

(a)

In this section, "type I actions" means those actions set forth in section 617.2 of S.E.Q.R. and shall always require environmental assessment but shall not necessarily require an environmental impact statement.

(b)

Type II activities have been determined by the town not to require environmental assessment and may be processed without regard to this article. Type II activities shall include but not necessarily be limited to:

(1)

Construction or alteration of a single-family or two-family residence and appurtenant uses of structures or a multiple residence with less than thirty (30) units or a subdivision with less than forty (40) houses which have been developed in accordance with chapter 24 and the construction of utility services to same.

(2)

All permits for signs under chapter 5, article V.

(3)

Upon completion of an environmental impact statement, construction or alteration of property which is zoned C-1, C-2 or CD not requiring approval of the town board or zoning board of appeals and not otherwise specifically falling within a designation in type I.

(4)

Actions involving individual setback and lot line variances and the like.

(5)

Agricultural farm management practices, including construction, maintenance and repairs of farm buildings and structures, and land use changes consistent with generally accepted principles of farming.

(6)

Operation, repair, maintenance or minor alteration (not exceeding fifty (50) percent of original size of building) of existing structures, land uses and equipment.

(7)

Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than fifty (50) percent of its existing size, square footage or usage.

(8)

Reconditioning, preservation and repaving of existing highways not involving the addition of new travel lanes. These projects are essentially maintenance-type work with improvement to correct substandard features. They include pavement and shoulder widenings, drainage improvements, resurfacing and repair of deteriorated roadway and structural elements. Additional right-of-way may be purchased and new roads or extensions in connection with an approved subdivision.

(9)

Reconstruction of an existing highway, including such work as: shoulder widening, adding auxiliary lanes for local utility such as climbing, weaving, turning and speed change, the addition of not more than one (1) travel lane and the correction of substandard curves, grades and sight distances. These projects shall qualify as type II only if the projects require:

a.

Less than three (3) additional acres of right-of-way per mile; and

b.

No significant effect on unusual or unique areas, including federal- or state-registered historic sites, wetlands, parklands and floodplains.

(10)

Spot correction of deteriorated or substandard elements of existing highway. These projects include work to accomplish a specific objective such as rehabilitation, demolition or replacement of deteriorated bridges or culverts, correction of a substandard feature. Additional right-of-way may be required.

(11)

Installation of new or upgrading of existing roadside appurtenances. The projects are designed to maintain the operational standards of existing highways and include installation of impact attenuators, intersection signals, noise barriers, traffic-control devices, traffic-surveillance systems, pavement markings, at-grade railroad protective devices, fencing, telecommunications systems and landscaping.

(12)

The expansion of an existing highway maintenance site which will not increase its size or usage by more than fifty (50) percent.

(13)

Snow and ice control, including plowing, the application of salt, sand, cinders, gravel, dirt or similar substances, or any combination thereof, to paved or other road surfaces.

(14)

Street openings for the purpose of repair or maintenance of existing utility facilities.

(15)

All waterway maintenance activities, including, but not limited to:

a.

Repair and replacement of riprap, concrete and bank protection.

b.

Shoreline maintenance.

c.

Excavation of silt refill to restore channels to design dimensions.

d.

Repair, maintenance and reconstruction of bridges.

(16)

Mapping of existing roads, streets, highways, uses, ownership patterns and the like.

a.

Regulatory activities, not involving changes in construction in land use relating to one (1) individual, business, institution or facility, such as inspection, testing, operating certification or licensing and the like.

(17)

Sales of surplus government property other than parcels of land exceeding twenty-five (25) acres, radioactive material, pesticides, herbicides or other hazardous materials.

(18)

Collective bargaining activities.

(19)

Operating, expense or executive budget planning, preparation and adoption and all other actions by the town, except as either specifically set forth in type I activities or unless the town board shall determine by resolution that the activity may have a significant impact on the environment.

(20)

Investments by or on behalf of agencies or pension or retirement systems.

(21)

Actions which are immediately necessary for the protection of or preservation of life, health, property or natural resources.

(22)

Routine administration and management of agency functions.

(23)

Routine license and permit renewals.

(24)

Routine activities of educational institutions which do not include capital construction.

(Code 1966, § 8A-8)

Nothing in this Code or the local law adopting this Code shall affect Local Law No. 13 of 1976, as amended, being chapter 43 of the Code of the Town of Vestal (adopted by Local Law No. 1 of 1966) and such provisions are recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application:

Appeal means a request for a review of the local administrator's interpretation of any provision of this article or a request for a variance.

Area of shallow flooding means a designated AO or VO zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. This area may be designated as zone A, AE, AH, AO, A1-99, V, VO, VE, or VI-30. It is also commonly referred to as the base floodplain or one-hundred-year floodplain.

Areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the Town of Vestal, New York, Broome County," dated March 2, 1998, with flood insurance rate maps enumerated on Map Index No. 360057 0001-0030, dated March 2, 1998, and with accompanying flood boundary and floodway maps enumerated on Map Index No. 360057 0001-0006, dated March 2, 1998.

Base flood means the flood having a one (1) percent chance of being equalled or exceeded in any given year.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Breakaway wall means a wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building means any structure built for support, shelter, or enclosure for occupancy or storage.

Cellar has the same meaning as "basement."

Coastal high hazard area means the area subject to high-velocity waters, including, but not limited to, hurricane wave wash. The area is designated on a FIRM as zone VI-30, VE, VO or V.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter wall, pilings, columns (posts and piers), or shear walls.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood boundary-floodway map (FBFM) means an official map of the community published by the Federal Emergency Management Agency as part of a riverline community's flood insurance study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the flood insurance study.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary-floodway map and the water surface elevations of the base flood.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway has the same meaning as regulatory floodway.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for ship repair. The term does not include long-term storage, manufacture, sales or service facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction, next to the proposed walls of a structure.

Lowest floor means lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this article.

Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be an improved property.

Mean sea level means the national geodetic vertical datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's flood insurance rate map are referenced.

Mobile home has the same meaning as "manufactured home."

National geodetic vertical datum (NGVD), as corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means structures for which the start of construction commenced on or after the effective date of the legislation from which this article is derived.

One-hundred-year flood has the same meaning as "base flood."

Principally aboveground means at least fifty-one (51) percent of the actual cash value of the structure, excluding land value, is aboveground.

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a flood insurance study or by other agencies as provided in section 6-121, paragraph (b)(5).

Sand dune means a naturally occurring accumulation of sand in a ridge or mound landward of the beach.

Start of construction means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials. For manufactured homes, the "actual start" means affixing of the manufactured home to its permanent site.

Structure means a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

For the purposes of this definition, "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(1)

Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(2)

Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a state inventory of historic places.

Variance means a grant of relief from the requirements of this article which permits construction or use in a manner that would otherwise be prohibited by this article.

(L.L. No. 2 of 1987, § 1.3; L.L. No. 13 of 1989, § 1; L.L. No. 5 of 1998, § 1)

Cross reference— Definitions and rules of construction generally, § 1-2.

The town board finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the town and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this article is adopted.

(L.L. No. 2 of 1987, § 1.1)

It is the purpose of this article to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

(2)

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters.

(4)

Control filling, grading, dredging and other development which may increase erosion or flood damages.

(5)

Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(6)

Qualify and maintain for participation in the national flood insurance program.

(L.L. No. 2 of 1987, § 1.2)

The objectives of this article are:

(1)

To protect human life and health.

(2)

To minimize expenditure of public money for costly flood-control projects.

(3)

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(4)

To minimize prolonged business interruptions.

(5)

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard.

(6)

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

(7)

To provide that developers are notified that property is in an area of special flood hazard.

(8)

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(L.L. No. 2 of 1987, § 1.3)

The provisions of this article shall apply to all areas of special flood hazard within the jurisdiction of the town.

(L.L. No. 2 of 1987, § 3.1)

No structure shall be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this article and any other applicable regulations. Any infraction of the provisions of this article, by failure to comply with any of its requirements, including infractions or conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in section 1-8. Nothing herein contained shall prevent the town from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this article for which the developer and/or owner has not applied for and received an approved variance under section 6-126 will be declared noncompliant and notification sent to the Federal Emergency Management Agency.

(L.L. No. 2 of 1987, § 3.5)

The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Vestal, Broome County, New York," dated with accompanying flood insurance rate maps and flood boundary-floodway maps are hereby adopted and declared to be a part of this article. The flood insurance study and maps are on file in the town clerk's office.

(L.L. No. 2 of 1987, § 3.2)

(a)

This article is adopted in response to revisions to the national flood insurance program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.

(b)

In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

(L.L. No. 2 of 1987, § 3.3)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the town, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(L.L. No. 2 of 1987, § 3.6)

(a)

The code enforcement officer is hereby appointed local administrator to administer and implement this article by granting or denying development permit applications in accordance with its provisions.

(b)

Duties of the local administrator shall include, but not be limited to:

(1)

Reviewing all development permit applications to determine that the requirements of this article have been satisfied.

(2)

Reviewing all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3)

Reviewing all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this article, "adversely affects" means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose. If there is no adverse effect, then the permit shall be granted consistent with the provisions of this article. If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.

(4)

Reviewing all development permits for compliance with the provisions of section 6-136, subsection (f).

(5)

When base flood elevation data has not been provided in accordance with section 6-107, obtaining, reviewing and reasonably using any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to section 6-136, paragraph (e)(4) in order to administer sections 6-137 and 6-138.

(6)

Obtaining and recording the actual elevation, in relation to mean sea level of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar.

(7)

For all new or substantially improved floodproofed structures:

a.

Obtaining and recording the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.

b.

Maintaining the floodproofing certifications required in sections 6-136 and 6-137.

(8)

Maintaining for public inspection all records pertaining to the provisions of this article, including variances when granted and certificates of compliance.

(9)

Notifying adjacent communities and the state department of environmental conservation prior to any alteration or relocation of a watercourse, and submitting evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, NY 10278.

(10)

Requiring that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.

(c)

The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to section 6-107 and/or paragraph (b)(5) of this section, when available, shall be used to accurately delineate the area of special flood hazard. The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazard when base flood elevations are not available.

(L.L. No. 2 of 1987, §§ 4.1, 4.3.1-4.3.5)

(a)

Establishment. A development permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in section 6-107. Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.

(b)

Application stage. The following information is required where applicable:

(1)

Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.

(2)

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

(3)

When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in section 6-136, paragraph (d)(1).

(4)

A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in section 6-137.

(5)

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(c)

Construction stage. Upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected.

(L.L. No. 2 of 1987, § 4.2)

(a)

All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop work order by the local administrator. Disregard of a stop work order shall be unlawful.

(b)

All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order by the local administrator. Disregard of a stop work order shall be unlawful.

(L.L. No. 2 of 1987, § 4.3-6)

The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.

(L.L. No. 2 of 1987, § 4.3-7)

(a)

It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this article.

(b)

All other development occurring within the designated flood hazard area will have upon completion a certificate of compliance issued by the local administrator.

(c)

All certifications shall be based upon the inspections conducted subject to section 6-124 and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.

(L.L. No. 2 of 1987, § 4.3-8)

(a)

The planning board as established by the town shall hear and decide appeals and requests for variances from the requirements of this article. The planning board shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this article. Those aggrieved by the decision of the planning board may appeal such decision to the supreme court pursuant to article 78 [§ 7801 et seq.] of the Civil Practice Law and Rules. In passing upon such applications, the planning board shall consider all technical evaluations, all relevant factors, standards specified elsewhere in this article and:

(1)

The danger that materials may be swept onto other lands to the injury of others.

(2)

The danger to life and property due to flooding or erosion damage.

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4)

The importance of the services provided by the proposed facility to the community.

(5)

The necessity to the facility of a waterfront location, when applicable.

(6)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(7)

The compatibility of the proposed use with existing and anticipated development.

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10)

The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.

(11)

The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(b)

Upon consideration of the factors of subsection (a) and the purposes of this article, the planning board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(c)

The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.

(d)

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the provisions of subsection (a) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(e)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the contributing structures procedures set forth in the remainder of this section.

(f)

Variances may be issued by a community for the new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(1)

The criteria in subsections (d), (g), (h) and (i) of this section are met.

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(g)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(h)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(i)

Variances shall only be issued upon receiving written justification:

(1)

A showing of good and sufficient cause;

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(j)

Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.

(L.L. No. 2 of 1987, § 6)

(a)

Generally. In all areas of special flood hazard, the standards in this section are required.

(b)

Anchoring.

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(2)

All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two (2) feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(c)

Construction materials and methods.

(1)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2)

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(d)

Utilities.

(1)

Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.

(2)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(3)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

(4)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(e)

Subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4)

Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and susbdivisions) greater than either fifty (50) lots or five (5) acres.

(f)

Encroachment.

(1)

All proposed development in riverine situations where no flood elevation data is available (unnumbered A zones) shall be analyzed to determine the effects on the flood-carrying capacity of the area of special flood hazard set forth in section 6-121, paragraphs (b)(1) through (b)(4). This may require the submission of additional technical data to assist in the determination.

(2)

In all areas of special flood hazard in which base elevation data is available pursuant to section 6-121, paragraph (b)(5) or subsection (e) of this section and no floodway has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increased the water surface elevation of the base flood more than one (1) foot at any point.

(3)

In all areas of special flood hazard where floodway data is provided or available pursuant to section 6-121, paragraph (b)(5) the requirements of section 6-138 shall apply.

(L.L. No. 2 of 1987, § 5.1)

(a)

Generally. In all areas of special flood hazard where base flood elevation data has been provided as set forth in sections 6-107 and 6-121, paragraph (b)(5), the standards in this section are required.

(b)

Residential construction. New construction and substantial improvements of any resident structure shall:

(1)

Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.

(2)

Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed all of the following minimum criteria:

a.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.

b.

The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade.

c.

Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

(c)

Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. In addition:

(1)

If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

a.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.

b.

The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade.

c.

Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

(2)

If the structure is to be floodproofed:

a.

A licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural hydrostatic and hydrodynamic loads and effects of buoyancy.

b.

A licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed.

The local administrator shall maintain on record a copy of all such certificates noted in this subsection.

(d)

Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in section 6-121, paragraph (b)(5) or two (2) feet above the highest adjacent grade where no elevation data is available. In addition:

(1)

New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor (including basement) elevated at least two (2) feet above the highest adjacent grade next to the proposed foundation of the structure.

(2)

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:

a.

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.

b.

The bottom of all such openings shall be no higher than one (1) foot above the lowest adjacent finished grade.

c.

Openings may be equipped with louvers, valves, screens or other coverings or openings provided they permit the automatic entry and exit of floodwaters.

(L.L. No. 2 of 1987, § 5.2)

Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by sections 6-107 and 6-121, paragraph (b)(5), all encroachments, including fill, new construction, substantial improvement and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the basic flood discharge.

(L.L. No. 2 of 1987, § 5.3)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board foot means a measure of lumber twelve (12) inches by one (1) inch by twelve (12) inches.

Clear-cutting means a method of harvesting where all trees two (2) inches and over on a site are removed.

Commercial timber harvesting means timber-harvesting activity that fells standing trees and/or removes down trees, stems, tops or branches within any twelve-month period whose volume is greater than twenty (20) standard cords of wood or two thousand five hundred sixty (2,560) cubic feet of wood or ten thousand (10,000) board feet of timber as measured by International Quarter-Inch Log Rule.

Haul road means a constructed road of dirt and/or gravel utilized for moving cut trees from the point where they were loaded on a truck to an exit from the site.

Landings means an open or cleared area used for loading logs onto trucks or used for any general purpose such as for storing logs or for servicing equipment.

Logging slash and debris means any residue of trees or of the associated cutting left on the site after harvesting operation, including, but not limited to, undesirable tree trunks, tree tops and litter.

Minimum stump diameter means the designated diameter of the stumps of trees to be cut, measured at a point twelve (12) inches above the high ground level, which diameter of the remaining stumps can be checked after the tree is cut.

Professional forester means a graduate forester from the Society of American Foresters' accredited forestry curriculum who has at least two (2) years of experience in the field of forest management or timber product harvesting.

Resource management areas means environmentally unique or sensitive areas which warrant special development consideration and protection. The definition of the two (2) different resource management areas are as follows:

(1)

Stream corridor area: The area as mapped on each side of a stream or shore necessary to protect the banks and maintain or improve water quality.

(2)

Critical slopes: A slope that shows signs of severe erosion or creep.

Selection cutting means a method of harvesting where trees to be cut are selected and marked via some specified criteria before harvesting begins.

Skid trail means a trail or rough road used to move a tree from the place where it was cut to a pile or landing where it is loaded onto a truck.

Standard cord means a cut pile of wood measuring four (4) feet by four (4) feet by eight (8) feet.

Stream means a body of running water flowing continuously in a channel on the surface of the ground, except a body of running water which the town board or the town enforcement officer determines to be too insignificant in size to justify such classification.

Stream, intermittent means a channel on the surface of the ground in which water flows intermittently, except a channel which the town board or the town enforcement officer determines to be too insignificant in size to justify such classification.

Thinning means a selective cutting or deadening of trees in an immature stand of trees for the purpose of upgrading the quality and/or growth of the trees left.

Town enforcement officer means the building inspector and the deputy building inspector of the town, which enforcement officers may utilize the services of a professional forester as needed.

Water bars means small humps or diversions for the purpose of erosion and sediment control built up across roads and landings which catch and divert runoff into adjacent vegetated areas and release the runoff in a nonerosive manner.

(Code 1966, § 44-VI-6(B))

Cross reference— Definitions and rules of construction generally, § 1-2.

The purpose of this article is to promote the health and safety of the residents of the town by protecting the natural environment as affected by timber harvesting. The town recognizes that the timber resource is of significant value to the landowner and society in general and like any crop can be harvested. The town also recognizes that if timber harvesting practices are improperly carried out, they can result in significant damage to the forest environment, as well as to adjacent lands and waters. This article is intended to regulate those harvesting activities that can cause environmental damage, such as stream crossings, the location of landings, haul roads and skid trails; to require reclamation efforts that can limit subsequent environmental damage such as soil erosion and sediment-laden runoff; and to utilize professional forest management expertise in the preparation and evaluation of timber harvest planning.

(Code 1966, § 44-VI-6(A))

It shall be the duty of the enforcement officers to investigate all complaints made under this article and to take or recommend to the town attorney or town board appropriate legal action on all violations of this article.

(Code 1966, § 44-VI-6(H))

Upon determination by the enforcement officer that there may be a violation of any of the provisions of this article, he may do the following:

(1)

Direct that the act which is in violation or apparent violation cease immediately; and/or direct immediate action to comply with the license and/or this article and any other laws, codes, rules and regulations.

(2)

Issue a stop-work order suspending the licensee's operation for a period up to fifteen (15) days.

(3)

Notify the licensee to appear before the town board to explain why the license should not be suspended for a period in excess of fifteen (15) days or terminated.

(4)

Notify the licensee to appear before the town justice for violating this article, and the violator shall be subject to remedies as provided by section 24-5.

(Code 1966, § 44-VI-6(I))

The town hereby adopts a stream corridor map, a copy of which is attached to the legislation from which this section is derived as "Exhibit A," and which shall be kept on file in the office of the town clerk.

(Code 1966, § 44-VI-6(M))

Town officials, in performance of their official duties, shall be authorized to enter upon the property for purposes of reviewing an application made pursuant to this article, and to determine compliance with the application as approved. Such entrance and inspection shall be initiated at reasonable times and in emergencies whenever necessary to protect the public interest. Owners, agents or operators on a property being harvested shall be responsible for allowing access to all parts of the premises within their control to town officials acting in accordance with the requirements of this provision.

(Code 1966, § 44-VI-6(N))

(a)

A timber harvesting license shall be obtained from the town by a landowner desiring to conduct a commercial timber harvesting in the town on any one (1) parcel or series of contiguous parcels in the same ownership.

(b)

The application of this section shall not be construed in any way to prohibit or to require a license for:

(1)

The clearing of land for rights-of-way for utilities, except that the clearing shall comply with accepted forest management practices and shall be approved by a professional forester.

(2)

The harvesting of Christmas trees.

(3)

The harvesting of trees for personal use by the landowner and his immediate family.

(4)

Trees removed for site preparation for construction or land development which has been approved by the planning board.

(5)

Commercial timber harvesting under permit or supervision of the state department of environmental conservation.

(Code 1966, § 44-VI-6(C), (D))

An application for a timber harvesting license shall be submitted on a form which is supplied by the code enforcement office of the Town of Vestal titled "Town of Vestal Timber Harvesting Application" and including the following:

(1)

Permit fee of one hundred dollars ($100.00).

(2)

The required insurance certificate naming the town as an additional insured.

(3)

The required performance bond.

(4)

A site plan at a minimum scale of 1" = 500 ft. (a copy of the USGS map enlarged one hundred (100) percent two (2) times) or a larger plan detailing the following:

a.

The entire parcel or parcels including boundaries of the parcel and the proposed harvest area.

b.

Land contours at intervals of ten (10) feet or less.

c.

Any property zoned RA-1 or RA-2 or RC within three hundred (300) feet of the harvest area.

d.

The landing area.

e.

The haul road from the landing area to the public road.

f.

Location of all easements or rights-of-ways for any public or private utility lines (including any petroleum or gas lines, water or sewer lines, electric lines, communication lines, etc.)

g.

All major skid trails existing and proposed.

h.

Location of all streams, intermittent streams, ponds, swamps and wetlands.

i.

Location of all areas that contain critical slopes.

j.

Location of all buffer strips.

k.

Location of all slopes within the stream corridors as identified on the Town of Vestal Stream Corridor Map.

(Code 1966, § 44-VI-6(C), (E); L.L. No. 2 of 1999, § 1)

(a)

Within sixty (60) days after receipt of a complete application pursuant to this division or upon completion of the environmental assessment review in accordance with article II of this chapter and article 8 [§ 8-0101 et seq.] of the Environmental Conservation Law, whichever is later, unless the time is extended by the mutual consent of the applicant and the town, the application shall be approved, approved with stated conditions or denied in writing. In event that the town fails to take action within the time period prescribed therefor, the application shall be deemed approved.

(b)

The town enforcement officer shall review all applications and shall submit a copy of the decision to the town board. If review by the town board is required by subsection (c) of this section, he shall refer the application to the town board.

(c)

The town board shall review the application:

(1)

When the applicant has been cited for a violation of this article within three (3) years prior to the date of the requested license.

(2)

When a waiver of any of the provisions of this article has been requested, except when the town enforcement officer determines that the waiver is insignificant.

(3)

When the proposed timber-harvesting plan is within three hundred (300) feet of any property zoned RA-1, RA-2 or RC.

(4)

When an applicant has been denied a license and takes an appeal to the town board.

(5)

When an applicant or the town seeks an interpretation of this article.

(d)

The town board, after review of the application, shall submit a copy of the decision to the town enforcement officer. In granting any license, the town board may waive any provisions of this article and may attach such conditions as necessary to prevent creation of a nuisance, minimize impact on the environment, damage to public or private property and assure compliance with this article.

(Code 1966, § 44-VI-6(G))

The term of the license required by this division shall commence upon issuance and shall terminate thirty-six (36) months after issuance unless a shorter period is specified in the license.

(Code 1966, § 44-VI-6(G))

(a)

The applicant shall provide the town with an insurance policy naming the town as an additional insured with minimal limits of five hundred thousand dollars ($500,000) property damage and five hundred thousand dollars ($500,000) personal injury.

(b)

The applicant shall also provide a surety for performance in a form satisfactory to the town by the logger in the amount of five thousand dollars ($5,000.00) in order to assure compliance with the provisions of this article. Upon completion of harvesting activities, and compliance with all the provisions of this article, as certified by a written statement from the town code enforcement officer attesting to such compliance, the security shall be returned. In the case of noncompliance with this article, the town board shall utilize the security or such portion thereof as may be necessary to ameliorate such noncompliance.

(a)

Whenever an application for a license required by this division is denied or is restricted or conditioned or suspended under section 6-172, the town shall serve a notice upon the applicant/licensee, which shall state that "The applicant/licensee may request an appeal hearing before the town board by delivering a written request therefor to the town clerk within seven (7) days of personal service or ten (10) days after service by registered or certified mail." The suspension, restriction or condition will go into effect automatically upon expiration of the time to appeal, unless a notice of appeal is timely delivered to the town clerk for a request for a hearing. A request for a hearing shall be signed by the licensee or applicant and shall state his address, that a hearing is requested and the facts and law relied upon by the licensee or applicant.

(b)

Whenever the town directs a licensee to show cause why his license should not be suspended for more than fifteen (15) days or terminated, or whenever a licensee or applicant delivers to the town clerk a timely request for an appeal hearing, the town shall give the appealing party at least five (5) days' written notice of the time and place of such hearing, but the appealing party may waive the notice provision by filing a written waiver thereof with the town clerk.

(Code 1966, § 44-VI-6(K))

It shall be grounds for suspension, restricting, conditioning, or terminating a license or denying an application for a license under this division that any licensee, his agent or employee, or any person connected or associated with the licensee as a partner, director, officer, stockholder, general manager or person who is exercising managerial authority of, or in behalf of the licensee or acting under the authority of such licensee:

(1)

Violated any provisions of this article or any other applicable statutes, codes, rules or regulations pertaining to the harvesting of trees for commercial use, or a violation of any of the provisions of the license issued to the applicant.

(2)

Made any false, misleading or fraudulent statement of a material fact in the application for the license or any report or record required to be kept or filed with the town.

(3)

Operated the tree harvesting in a manner so as to be detrimental to the health, welfare, safety and comfort of the residents of the town or so to be a nuisance, hardship or burden upon nearby property.

(Code 1966, § 44-VI-6(J))

All commercial timber harvesting pursuant to this article shall comply with the provisions of this division.

(Code 1966, § 44-VI-6(F))

Harvesting under the provisions of this division shall be conducted in a manner consistent with the objectives of the Timber Harvesting Guidelines developed by the New York Society of American Foresters or this division, whichever is stricter.

(Code 1966, § 44-VI-6(F)(10))

No forest haul road or skid trail shall be constructed to exceed a slope of twenty-five (25) percent for a distance or more than two hundred (200) feet; the applicant shall take appropriate measures to divert running water from the roads at intervals in order to minimize erosion.

(Code 1966, § 44-VI-6(F)(1))

All work performed under the provisions of this article shall be conducted during daylight hours, and no operations shall be permitted on Sunday.

(Code 1966, § 44-VI-6(F)(12))

No open burning of brush or felled trees shall occur without a permit from the county health department and fire marshal.

(Code 1966, § 44-VI-6(F)(13))

Slopes that are designated on the stream corridor map adopted with this article may be harvested if a license is issued, but shall have no haul roads or constructed skid trails located on them. One (1) haul road may be constructed across a critical slope solely for the purpose of connecting a noncritical harvestable area to a town road if no other access is reasonably available and upon such conditions as may be imposed by the town board. Random individual tree skidding will be allowed.

(Code 1966, § 44-VI-6(F)(2))

All streams shall be crossed in accordance with the provisions contained in the Water Resources Law [§ 15-0101 et seq. of the Environmental Conservation Law] and sections 204 and 208 of the Public Law 92-500 of the Federal Water Pollution Control Act.

(Code 1966, § 44-VI-6(F)(3))

There shall be no skidding in any stream channel or intermittent stream channel, except for crossing, and all logging slash and debris shall be promptly removed from any stream channel, intermittent stream channel and any other areas as requested by the town enforcement officer.

(Code 1966, § 44-VI-6(F)(4))

Haul roads and skid trails shall be maintained and abandoned in a manner that will prevent erosion.

(Code 1966, § 44-VI-6(F)(5))

Except as otherwise provided by the town board, buffer strips shall be retained at least fifty (50) feet wide along streams and public roads and buffer strips shall be kept within one hundred (100) feet of a property line within an RA-1, RA-2, or RC district, or within one hundred (100) feet of a residential dwelling in an RR district. Within such buffer strips, no trees of less than twelve-inch stump diameter shall be harvested unless marked by a professional forester. No landings shall be located within buffer strips. Landings shall be properly graded and waterbarred to prevent sediment from washing into the draining ditches along the public road.

(Code 1966, § 44-VI-6(F)(6))

Except for good reason shown:

(1)

Access roads onto town roads shall be kept to a minimum.

(2)

Adequate site distances and protection of drainage systems must be provided.

(3)

Landings shall be at least one hundred fifty (150) feet from any public right-of-way.

(Code 1966, § 44-VI-6(F)(7))

(a)

Upon completion of the harvesting activity, reclamation of the site shall be performed by the applicant. Haul roads shall have waterbars placed at the following intervals:

(b)

Haul roads and skid trails shall be smoothed, sloped, ditched and seeded as needed to perennial grasses. Landings shall be smoothed, seeded and protected with waterbars, as needed. At stream crossings, temporary stream culverts and bridges shall be removed, and stream banks shall be restabilized and protected with waterbars.

(c)

All reclamation efforts shall be subject to inspection by the town enforcement officer to assure compliance with this section.

(Code 1966, § 44-VI-6(F)(8))

The licensee under this article shall clean up any deposits of any kind on public thoroughfares and shall repair or pay the cost of repair of any damage done to streets, curbs, utility lines and other property resulting from the logging operation.

(Code 1966, § 44-VI-6(F)(9))

No processing of felled trees other than limbing, chipping and cutting to convenient lengths shall be permitted.

(Code 1966, § 44-VI-6(F)(11))

The town may limit the permit by restricting:

(1)

Date of logging;

(2)

Date of hauling on town and county or town roads;

(3)

Such other limitations as shall reasonably effectuate the intent and purpose of this local law and are in the public interest for the safety and welfare of the town.

(L.L. No. 4 of 1993 § 2)

The applicant shall provide appropriate erosion control during operation of the timber harvesting. When the site is idle for more than thirty (30) days, additional erosion control measures shall be implemented as approved by the town engineer.

(L.L. No. 2 of 1999, § 1)

It is hereby determined that:

(1)

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.

(2)

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species.

(3)

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.

(4)

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation.

(5)

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.

(6)

Substantial economic losses can result from these adverse impacts on the waters of the municipality.

(7)

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.

(8)

The regulation of stormwater runoff discharges from land development activities is in the public interest and will minimize threats to public health and safety.

(9)

Regulation of land development activities by means of performance standards governing stormwater management and site design will mitigate the adverse effects of erosion and sedimentation from development.

(L.L. No. 3 of 2007)

The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in section 6-215 hereof. This local law seeks to meet those purposes by achieving the following objectives:

(1)

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised;

(2)

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-02-01 or as amended or revised;

(3)

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;

(4)

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

(5)

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(6)

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.

(L.L. No. 3 of 2007)

In accordance with Article 10 of the Municipal Home Rule Law of the state, the town board has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the town and for the protection and enhancement of its physical environment. The town board may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

(L.L. No. 3 of 2007)

(a)

This local law shall be applicable to all land development activities as defined in this local law.

(b)

The municipality shall designate a stormwater management officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The stormwater management officer may

(1)

Review the plans;

(2)

Upon approval by the town board, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or

(3)

Accept the certification of a licensed professional that the plans conform to the requirements of this law.

(c)

All land development activities subject to review and approval by the planning department, planning board, zoning board of appeals or town board under (subdivision, zoning, site plan, and/or special permit) regulations shall be reviewed subject to the standards contained in this local law.

(d)

All land development activities not subject to review as stated in subsection (c) shall be required to submit a stormwater pollution prevention plan (SWPPP) to the stormwater management officer who shall approve the SWPPP if it complies with the requirements of this law.

(L.L. No. 3 of 2007)

(a)

Agricultural activity as defined in this local law;

(b)

Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the county soil and water conservation district or the state department of environmental conservation, except that landing areas and log haul roads are subject to this law;

(c)

Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;

(d)

Repairs to any stormwater management practice or facility deemed necessary by the stormwater management officer;

(e)

Any part of a subdivision if a plat for a subdivision that has been approved by the town and construction activities have started on or before the effective date of this law;

(f)

Land development activities for which a building permit has been approved on or before the effective date of this law;

(g)

Cemetery graves;

(h)

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

(i)

Emergency activity immediately necessary to protect life, property or natural resources;

(j)

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family;

(k)

Landscaping and horticultural activities in connection with an existing structure.

(L.L. No. 3 of 2007)

The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth.

Agricultural activity means the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the construction of new structures associated with agricultural activities.

Applicant means a property owner or agent of a property owner who has filed an application for a land development activity.

Building means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than one hundred (100) square feet of area.

Catch basin (drain inlet) means a structure which allows the entry of surface runoff into a stormsewer by connection to the storm sewer.

Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clearing means any activity that removes the vegetative surface cover.

Dedication means the deliberate appropriation of property by its owner for general public use.

Detention structure means a permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff. A detention structure may be dry during non-storm events or may have a permanent pool of water.

Department means the state department of environmental conservation.

Design manual means the state stormwater design manual, most recent version including applicable updates that serves as the official guide for stormwater management principles, methods and practices.

Developer means a person who undertakes land development activities.

Erosion control manual means the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book".

First flush means the delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first one-half-inch of runoff from the entire site from land which has been made less pervious than the pre-development conditions though land grading and/or construction/development activities.

Grading means excavation or fill of material, including the resulting conditions thereof.

Impervious cover means those surfaces, improvements and structures that prevent the percolation of water into the soil (e.g., building rooftops, pavement, sidewalks, driveways, etc).

Industrial stormwater permit means a state pollutant discharge elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration means the process of percolating water into the subsoil.

Jurisdictional wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Land development activity means construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one (1) acre, or activities disturbing less than one (1) acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

Landowner means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

Maintenance agreement means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

Nonpoint source pollution means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Phasing means developing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the development of the next.

Pollutant of concern means sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

Project means land development activity.

Retention means a practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volumes exceed the storage capacity of the pool.

Recharge means the replenishment of underground water reserves.

Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by erosion.

Sediment control means measures that prevent eroded sediment from leaving the site.

Sensitive areas means cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species, critical environmental area designated by the municipality.

SPDES general permit for construction activities GP-02-01 means a permit under the state pollutant discharge elimination system (SPDES) issued to developers of construction activities to regulate disturbance of one (1) or more acres of land.

SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems GP-02-02 means a permit under the state pollutant discharge elimination system (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

Stabilization means the use of practices that prevent exposed soil from eroding.

Stop work order means an order issued which requires that all construction activity on a site be stopped.

Stormwater means the discharge of water from the surface of land resulting from precipitation or snow or ice melt, including surface runoff, groundwater flows, percolation and seepage.

Stormwater hotspot means a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

Stormwater management means the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

Stormwater management facility means one (1) or a series of stormwater management practices installed, stabilized and operated for the purpose of controlling stormwater runoff.

Stormwater management officer means an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

Stormwater management practices (SMPs) means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

Stormwater pollution prevention plan (SWPPP) means a plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

Stormwater runoff means flow on the surface of the ground, resulting from precipitation.

Stripping means any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation.

Surface waters of the state means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

Swale means a natural depression or wide shallow ditch used to route or filter runoff.

Watercourse means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

Watershed means a region or area contributing stormwater ultimately to a particular watercourse or body of water.

Waterway means a channel that directs surface runoff to a watercourse or to the public storm drain.

(L.L. No. 3 of 2007)

(a)

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this local law.

(b)

Contents of stormwater pollution prevention plans.

(1)

All SWPPPs shall provide the following background information and erosion and sediment controls:

a.

Background information about the scope of the project, including location, type and size of project.

b.

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; and location(s) of the stormwater discharges(s); Site map should be at a scale no smaller than 1"=100'.

c.

Description of the soil(s) present at the site;

d.

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 state standards and specifications for erosion and sediment control (erosion control manual), not more than five (5) acres shall be disturbed at any one (1) time unless pursuant to an approved SWPPP.

e.

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

f.

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;

g.

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;

h.

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

i.

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

j.

Temporary practices that will be converted to permanent control measures;

k.

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;

l.

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

m.

Name(s) of the receiving water(s);

n.

Delineation of SWPPP implementation responsibilities for each part of the site;

o.

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

p.

Any existing data that describes the stormwater runoff at the site.

(2)

Land development activities meeting condition "A", "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in subsection (3) below as applicable:

a.

Condition A. Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the department'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.

b.

Condition B. Stormwater runoff from land development activities disturbing five (5) or more acres.

c.

Condition C. Stormwater runoff from construction activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties.

(3)

SWPPP requirements for conditions A, B and C.

a.

All information in subsection (1) of this local law.

b.

Description of each post-construction stormwater management practice.

c.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

d.

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

e.

Comparison of post-development stormwater runoff conditions with pre-development conditions.

f.

Dimensions, material specifications and installation details for each post-construction stormwater management practice.

g.

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

h.

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.

i.

Inspection and maintenance agreement binding on all subsequent landowners served by the onsite stormwater management measures in accordance with section 6-234.

(c)

Plan certification. The SWPPP shall be prepared by a state licensed landscape architect, certified professional in stormwater erosion and sediment control or state licensed professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law.

(d)

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.

(e)

Contractor certification.

(1)

Each contractor and subcontractor 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."

(2)

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.

(3)

The certification statement(s) shall become part of the SWPPP for the land development activity.

(f)

[Copy retained.] 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 stabilization.

(L.L. No. 3 of 2007)

All land development activities shall be subject to the following performance and design criteria:

(1)

Technical standards. For the purpose of this local law, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law:

a.

The state stormwater management design manual (state department of environmental conservation, most current version or its successor, hereafter referred to as the design manual).

b.

State 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, hereafter referred to as the erosion control manual).

(2)

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state.

(L.L. No. 3 of 2007)

(a)

Maintenance during construction.

(1)

The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent.

(2)

The applicant or developer or their 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 (7) days and within twenty-four (24) hours of any storm event producing one-half (0.5) inches of precipitation or more. The reports shall be delivered to the stormwater management officer and also copied to the site log book.

(b)

Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must 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 to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the county clerk after approval by the counsel for the town.

(c)

Maintenance after construction. The owner or operator of permanent stormwater management practices (SMPs) installed in accordance with this law shall be responsible for the operation and maintenance of such facilities to achieve the goals of this law. Proper operation and maintenance also includes as a minimum, the following:

(1)

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 goals of this law.

(2)

Written procedures for training personnel in the operation and maintenance of the facilities.

(3)

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with subsection 6-233(2).

(d)

Maintenance agreements. The town shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the county clerk as a deed restriction on the property prior to issuance of any permits from the municipality or the filing of the final subdivision plat. The maintenance agreement shall be consistent with the terms and conditions of schedule C of this local law entitled sample stormwater control facility maintenance agreement. The town, 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 local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

(L.L. No. 3 of 2007)

Editor's note— Schedule C as referenced in this section may be found in the office of the town clerk.

(a)

Erosion and sediment control inspection. The town stormwater management officer may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the town enforcement official at least forty-eight (48) hours before any of the following as required by the stormwater management officer:

(1)

Start of construction;

(2)

Installation of sediment and erosion control measures;

(3)

Completion of site clearing;

(4)

Completion of rough grading;

(5)

Completion of final grading;

(6)

Close of the construction season;

(7)

Completion of final landscaping;

(8)

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 stormwater management officer.

(b)

Stormwater management practice inspections. The town stormwater management officer, is responsible for conducting inspections of stormwater management practices (SMPs). 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.

(c)

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.

(d)

Submission of reports. The town stormwater management officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law.

(e)

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in subsection (c).

(L.L. No. 3 of 2007)

(a)

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the town in its approval of the stormwater pollution prevention plan, the town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the town as the beneficiary. The security shall be in an amount to be determined by the town 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 (1) year from the date of final acceptance or such other certification that the facility(ies) have 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 town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

(b)

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 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 may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(c)

Recordkeeping. The town may require entities subject to this law to maintain records demonstrating compliance with this law.

(L.L. No. 3 of 2007)

(a)

Notice of violation. When the town determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(1)

The name and address of the landowner, developer or applicant;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) calendar days of service of notice of violation.

(b)

Stop work orders. The town may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.

(c)

Violations. Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law.

(d)

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six (6) months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five (5) years, punishable by a fine not less than three hundred fifty dollars ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed six (6) months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five (5) years, punishable by a fine not less than seven hundred dollars ($700.00) nor more than one thousand dollars ($1,000.00) or imprisonment for a period not to exceed six (6) months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(e)

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this local law the stormwater management officer may prevent the occupancy of said building or land.

(f)

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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(L.L. No. 3 of 2007)

The town may require any person undertaking land development activities regulated by this law to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the town or performed by a third party for the town.

(L.L. No. 3 of 2007)