A
MODEL ORDINANCE for
EROSION
& SEDIMENT
CONTROL
Prepared
and Published by
The
Westchester County Soil & Water Conservation District August 1986
(Revised 2007)
The Westchester County Soil and Water Conservation
District, created in 1967, is charged with providing for the prevention of
soil erosion, and for the prevention of flood-water and sediment damages and
for furthering the conservation, development, utilization, and disposal of
water and thereby to preserve natural resources, assist in the control of
floods, assist in the drainage and irrigation of agricultural lands, prevent
impairment of dams and reservoirs, assist in the drainage and irrigation of
agricultural lands, prevent impairment of dams and reservoirs, assist in
maintaining the navigability of rivers and harbors, preserve wildlife, protect
the tax base, protect public lands, and protect and promote the health, safety
and general welfare of the people of the state.
Over the past several years,
May
1986
ARTICLE I TITLE
This local law shall be
known and cited as the Erosion and Sediment Control Law of the (municipality).
ARTICLE II STATUTORY
AUTHORITY
This local law
is enacted pursuant to the authority of the (municipality) to promote the public health, safety, and general welfare of its
citizenry under New York State Municipal Home Rule Law, Section 10, and New
York Environmental Conservation Law, Article 36, and other applicable
provisions of State and Federal law.
ARTICLE III FINDINGS
AND PURPOSE
A. FINDINGS
The (Board of Trustees) of the (municipality)
hereby finds that:
1. excessive quantities of soil may erode
from areas undergoing development for certain uses, including, but not limited
to, the construction of dwelling units, commercial buildings, and industrial
plants, the building of roads and highways, and the creation of recreation
facilities;
2. the washing, blowing, and deposition of
eroded soil across and upon roadways endangers the health and safety of users
thereof by decreasing visibility and reducing traction of road vehicles;
3. soil erosion necessitates the costly
repair of gullies, washed-out fills, and embankments;
4. sediment from soil erosion clogs sewers
and ditches and pollutes and silts rivers, streams, lakes, harbors, and
reservoirs;
5. sediment limits the use of water and
watercourses for beneficial purposes, promotes the growth of undesirable
aquatic weeds, destroys fish and other desirable aquatic life, and is costly
and difficult to remove; and
6. sediment reduced the channel capacity of
water courses and increases the likelihood of flooding.
B. PURPOSE
The (Board of Trustees) therefore declares that the purpose of this
local law is to safeguard persons, protect property, prevent damage to the
environment, and promote the public welfare by guiding, regulating, and
controlling the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results in the
movement of earth on land situated in the (municipality).
ARTICLE IV DEFINITIONS
Unless
specifically defined below, words and phrases used in this local law shall be
interpreted to have the meaning they have in common English usage, to give
effect to the purpose set forth in Article IIIB, and to provide reasonable
application of this local law.
Addition means any work on an existing structure which changes the
external dimensions of such structure.
Agent means the (municipal
officer) who is designated to administer this local law.
Appeal means a request for a review of the Agents interpretation
of any provision of this local law or a request for a variance.
Best Management Practices are procedures and measures pertaining
to construction activities, which are intended to minimize water pollution,
retain valuable topsoil, and prevent erosion and sedimentation, and include,
but are not limited to, those practices contained in the New York State
Standards and Specifications for Erosion and Sediment Control (2005).
Best Management Practices Manual (BMP) is a series of manuals, prepared, published, and occasionally
amended by the County of Westchester and State of New York, consisting of
various volumes on best management practices for certain described activities,
and, specifically, the volume for New York State Standards and Specifications
for Erosion and Sediment Control,
Building Permit means a permit issued by the municipality for the
construction, erection, and alteration of a structure or building.
Certification means formal attestation that the specific
inspections and tests, where required, have been performed, and that such tests
comply with the applicable requirements of this local law.
Cubic Yards means the amount of material in excavation and/or fill
measured by the method of average and areas.
Development means any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, removal of vegetation, excavation,
blasting, or drilling operations.
Development Permit means any permits, grants, or licenses issued
by the municipality including, but not limited to, building grading, clearing,
demolition, wetlands, and excavation permits, and subdivision and site plan
approvals.
Erosion & Sediment Control Plan means a set of plans prepared
by a
Excavation means any act by which organic matter, earth, sand,
gravel, rock, or any other similar material is cut into, dug, quarried,
uncovered, removed, displaced, or bulldozed, and shall include the conditions resulting
therefrom.
Existing Grade means the vertical location of the existing ground
surface prior to excavation or filling.
Fill means any act by which earth, sand, gravel, rock, or any
other material is deposited, placed, replaced, pushed, dumped, pulled,
transported, or moved by man to a new location and shall include the conditions
resulting therefrom.
Final Grade means the vertical location of the ground or pavement
surface after the grading work is completed and in accordance with the site development
plan.
Grading means excavation or fill or any combination thereof and
shall include the conditions resulting from any excavation or fill.
Land-Disturbing Activity means any land change which may result in
soil erosion from water or wind and the movement of soil into waters or onto
lands, or increased runoff of waters including, but not limited to, clearing,
grading, excavating, transporting, and filling of land.
Natural Drainage means channels formed in the existing surface
topography of the earth prior to changes made by unnatural causes.
Parcel means all contiguous land under one ownership.
Permanent Vegetation means ground cover mature enough to control
soil erosion satisfactorily and to survive severe weather conditions.
Permittee means any person to whom a site development permit is
issued.
Person means any individual, firm, or corporation, public or
private, the State of
Removal means cutting vegetation to the ground or leaving it as
stumpage, complete extraction, or killing by spraying.
Site means a lot or parcel of lank or a contiguous combination
thereof, where grading work is performed as a single unified operation.
Site Development means altering terrain and/or vegetation and
constructing improvements.
Site Plan means the map or drawn representation of a proposed development,
which is submitted to the municipal Planning Board of consideration and
approval.
Site Development Permit means a permit issued by the municipality
for the construction or alteration of ground improvements and structures for
the control of erosion, turnoff, and grading.
Soil Stabilization means measures which protect soil from the
erosive forces of raindrop impact and flowing water and include, but are not
limited to, vegetative establishment, mulching, and the early application of
gravel base on areas to be paved.
Start of Construction means the first land-disturbing activity
associated with a development, including land preparation such as clearing,
grading, and filling; installation of streets and walkways; excavation for
basements, footings, piers, or foundations; erection of temporary forms; and
installation of accessory buildings such as garages.
Stripping means any activity which removes the vegetative surface
cover including tree removal, clearing, and storage or removal of topsoil.
Subdivision means any tract of land which is divided into two or
more habitable building sites, or parcels on any site along an existing or
proposed street, highway, easement, or right-of-way, or other means or proposed
means of access, road, or street, for sale, lease, or rent, regardless of
whether the sites are to be sold or offered for sale or leased for any period
of time, are described by metes and bounds, or by reference to a map or survey
of the property or by any other method of description. Subdivision also has any meaning it presently
has under the laws of the (municipality).
Temporary Stream Crossing means a temporary structural span
installed across a flowing watercourse for use by construction traffic. Structures may include bridges, round pipes,
or pipe arches.
Variance means a grant of relief from the requirements of this
local law, which permits a person to undertake construction in a manner
otherwise prohibited by this local law where specific enforcement would result
in unnecessary hardship.
Watercourse means any body of water, including, but not limited
to, lakes, ponds, rivers, streams, intermittent streams, and bodies of water
which are classified by the New York State Department of Environmental
Conservation under Part 6 of the New York Code of Rules and Regulations, and/or
delineated on the Hydrologic Features Map of the Westchester County
Environmental Planning Atlas, and/or delineated on the USGS 7.5-Minute
Quadrangle Sheet(s) for the (municipality).
ARTICLE V GENERAL PRINCIPLES
The
objective of this local law is to control soil erosion and sedimentation caused
by development activities in the (municipality). Measures taken to control erosion and
sedimentation shall be adequate to ensure that sediment is not transported from
the site by a storm event of ten-year frequency or less. The following principles shall apply to all
development activities within the (municipality)
and to the preparation of the submissions required under Article VI of this
local law:
1. Selection
of Control Measures
The selection
of erosion and sedimentation control measures shall be based on assessment of
the probably frequency of climatic and other events likely to contribute to
erosion, and on an evaluation of the
risks, costs, and benefits involved.
2. Protection
of Adjacent Properties
Properties
adjacent to the site of a land disturbance shall be protected from sediment
deposition. This may be accomplished by
preserving a well-vegetated buffer strip around the lower perimeter of the land
disturbance, by installing perimeter controls such as sediment barriers,
filters, dikes, or sediment basins, or by a combination of such measures.
Vegetated
buffer strips may be used alone only where runoff in sheet flow is
expected. Buffer strips should be at
least 20 feet in width. If, at any time,
it is found that a vegetated buffer strip alone is ineffective in preventing
sediment movement onto adjacent property, additional perimeter controls must be
provided.
3. Cut
and Fill Slopes
Development
shall reflect the topography and soils of the site so as to create the least
potential for erosion. Areas of steep
slopes were high cuts and fills may be required shall be avoided wherever
possible, and natural contours shall be followed as closely as possible.
4. Vegetation
Natural
vegetation shall be retained and protected wherever possible. A permanent vegetative cover shall be
established on denuded areas not otherwise permanently stabilized. Permanent vegetation and related structures
shall be installed as soon as practical, or within the time specified in the
permit. Permanent vegetation shall not
be considered established until a groundcover is achieved which, in the opinion
of the (permitting authority) or
designated agent, is mature enough to control soil erosion satisfactorily and
to survive severe weather conditions.
5. Stabilization of Denuded Areas and Soil
Stockpiles
Permanent or
temporary soil stabilization must be applied to denuded areas within 15 days
after final grade is reached on any portion of the site. Soil stabilization must also be applied
within 15 days to denuded areas which may not be at final grade but will remain
dormant (undisturbed) for longer than 60 days.
Soil
stabilization refers to measures which protect soil from the erosive forces of
raindrop impact and flowing water.
Applicable practices include vegetative establishment, mulching, and the
early application of gravel base on areas to be paved.
6. Sediment Basins
Sediment
basins, debris basins, silt traps or filters shall be installed and maintained
to remove sediment from runoff waters from land undergoing development.
7. Timing
and Stabilization of Sediment Trapping Measures
Sediment
basins and traps, perimeter dikes, sediment barriers and other measures
intended to trap sediment on-site must be constructed as a first step in
grading and must be made functional before upslope land disturbance takes
place. Earthen structures such as dams,
dikes, and diversions must be seeded and mulched within 15 days of
installation.
8. Stabilization
of Waterways and Outlets
All on-site
stormwater conveyance channels shall be designed and constructed to withstand
the expected velocity of flow from a 10-year frequency storm without
erosion. Stabilization adequate to
prevent erosion must also be provided at the outlets of all pipes and paved
channel.
9. Storm
Sewer Inlet Protection
All storm
sewer inlets which are made operable during construction shall be protected so
that sediment-laden water will not enter the conveyance system without first
being filtered or otherwise treated to remove sediment.
10. Working In or Crossing Watercourses
Construction
vehicles should be kept out of watercourses to the greatest extent
possible. Where in-channel work is
necessary, precautions must be taken to stabilize the work area during
construction to minimize erosion. The
channel (including bed and banks) must be restabilized immediately after
in-channel work is completed.
Where a live
(wet) watercourse must be crossed by construction vehicles regularly during
construction, a TEMPORARY STREAM CROSSING must be provided.
11. Stormwater
Management Criteria for Controlling Off-Site Erosion
Provision
shall be made to accommodate the increased runoff caused by changed soil and
surface conditions during and after development. Drainageways shall be designed so that the
final gradients and the resultant velocities of discharges will not create
additional erosion.
Stormwater
management design will follow the procedures and methodology set forth in the Westchester County Best Management Practices
Manual for Stormwater Runoff unless a comprehensive stormwater management
plan and model has been adopted by the municipalities which compose the
watershed in which the development is located.
12. Underground Utility Construction
The
construction of underground utility lines involving installation, maintenance
or repair which disturbs more than 10,000 square feet shall be subject to the
following criteria:
a. No more than 500 feet of trench are to be
opened at one time.
b. Where consistent with safety and space
considerations, excavated material is to be placed on the uphill side of
trenches.
c. Trench dewatering devices shall discharge
in a manner which will not adversely affect flowing streams, drainage systems,
or off-site property.
Individual
service connections, telephone and electric lines, and underground public
utility lines under existing hard-surfaced roads, streets, or sidewalks, provided
such land-disturbing activity is confined to the area which is hard-surfaced,
are exempt from the above requirements.
13. Construction Access Routes
Wherever
construction vehicle access routes intersect paved public roads, provisions
must be made to minimize the transport of sediment (mud) by runoff or vehicle
tracking onto the paved surface. Where
sediment is transported onto a public road surface, the roads shall be cleaned
thoroughly at the end of each day.
Sediment shall be removed form roads by shoveling or sweeping and
transported to a sediment control area.
Street washing shall be allowed only after sediment is removed in this
manner.
14. Disposition
of Temporary Measures
All temporary
erosion and sediment control measures shall be disposed of within 30 days after
final site stabilization is achieved or after the temporary measures are no
longer needed, unless otherwise authorized by the (permitting authority).
Trapped sediment and other disturbed soil areas resulting from the
disposition of temporary measures shall e permanently stabilized to prevent
further erosion and sedimentation.
15. Maintenance
All temporary
and permanent erosion and sediment control practices must be maintained and
repaired as needed to assure continued performance of their intended function.
16. Aesthetics
In the design
of erosion control facilities and practices, aesthetics and the requirements of
continuing maintenance shall be considered.
17. Review
by the Westchester County Soil & Water Conservation District
The
Westchester County Soil and Water Conservation District shall be consulted for
review and recommendations for all erosion and sediment control plans for
proposed developments submitted to the (municipality).
ARTICLE VI SITE DEVELOPMENT PERMIT
A. PERMIT REQUIRED
1. Except as otherwise provided in this local
law, no person shall commence or perform any land-disturbing activity,
including, but not limited to, grading stripping, excavating, or filling,
without first obtaining a site development permit from the (permitting authority) upon approval by
the Municipal Engineer in consultation with the Westchester County Soil and
Water Conservation District, all other necessary local, state, and federal
permits, and thereafter comply with the requirements of this local law.
2. An application for a site development
permit shall be made in the same manner as prescribed for a building permit
except that such application shall be made to the Municipal Engineer.
B. EXCEPTIONS
A permit shall not be required for
any of the following activities:
1. Normal
lawn and landscaping maintenance.
2. Existing nursery and agricultural
operations conducted as either a permitted main, or accessory, use.
3. Grading of land in a uniform manner,
provided the elevation of land is not altered by more than three (3) inches,
the normal flow of surface water at the property lines is not altered and, upon
completion of the grading, the exposed surfaces are permanently stabilized with
vegetation.
4. Alteration of the exterior of a building
and alteration of the exterior of a building, provided such exterior alteration
does not increase land coverage.
5. Installation, renovation, or replacement
of a septic system to serve an existing dwelling or structure.
6. Any emergency activity which is
immediately necessary to the protection of life, property, or natural
resources.
C. APPLICATION FOR PERMIT
An application for a site
development permit shall be made by the owner of the property or his authorized
agent to the (permitting authority)
on a form furnished for that purpose.
Each application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant
together with the name of the applicants principal contact at such firm, and
shall be accompanied by a filing fee of $ .
Each application shall include a certification that any land clearing,
construction, or development involving the movement of earth shall be in
accordance with the plans approved upon issuance of the permit.
D. SUBMISSIONS
Each application for a site development permit shall be accompanied by the following information:
1. A vicinity map in sufficient detail to
easily locate, in the field, the site for which the permit is sought, including
the boundary line and approximate acreage for the site, existing zoning, and a
legend and scale.
2. A
development plan of the site showing:
a. Existing topography of the site and
adjacent land within approximately 100 feet of the boundaries, drawn at no
greater than two-foot contour intervals and clearly portraying the conformation
and drainage pattern of the area.
b. The location of existing buildings,
structures, utilities, waterbodies, floodplains, drainage facilities,
vegetative cover, paved areas, watershed divides, and other significant natural
or man-made features on the site, and adjacent land within approximately 100
feet of the boundary.
c. A description of the predominant soil
types on the site, their location, and their limitations for the proposed use.
d. Proposed use of the site, including both
present development and planned utilization; areas of excavation, grading, and
filling; proposed contours, finished grades, and street profiles; provisions
for storm drainage, including the control of accelerated runoff, with a
drainage area map and computations; kinds and locations of utilities; and areas
and acreages proposed to be paved, covered, sodded or seeded, vegetatively
stabilized, or left undisturbed.
3. An
erosion and sediment control plan, or plans, showing:
a. All erosion and sediment control measures
necessary to meet the objectives of this local law throughout all phases of
construction and permanently, after completion of development of the site. Depending upon the complexity of the project,
the drafting of intermediate erosion and sediment control plans also may be
required.
b. Seeding mixtures and rates, types of sod,
method of seedbed preparation, expected seeding dates, type and rate of lime
and fertilizer application, and kind and quantity of mulching for both
temporary and permanent vegetative control measures.
c. Provisions for maintenance of control
facilities, including easements and estimates of the cost of maintenance.
d. Identification of the person(s) or entity
which will have legal responsibility for maintenance of erosion control
structures and measures after development is completed.
4. The proposed phasing of development of the
site, including stripping and clearing, rough grading and construction, and
final grading and landscaping. Phasing
shall identify the expected date on which clearing will begin, the estimated
duration of exposure of cleared areas, and the sequence of clearing, installation
of temporary sediment control measures, installation of storm drainage, paving
of streets and parking areas, and establishment of permanent vegetative cover.
These
submissions shall be prepared in accordance with the standards and requirements
contained in the
The (permitting authority) may waive
specific requirements for the content of submissions upon finding that the
information submitted is sufficient to show that the work will comply with the
objectives and principles of this local law.
E. BONDS
The application may be
required to file with the (municipality)
a faithful performance bond or bonds, letter of credit, or other improvement
security satisfactory to the Municipal Attorney in an amount deemed sufficient
by the (permitting authority) to
cover all costs of improvements, landscaping, maintenance of improvements, and
landscaping for such period as specified by the (municipality), and engineering and inspection costs to cover the
cost of failure or repair of improvements installed on the site.
F. REVIEW AND APPROVAL
Each application for a site
development permit shall be reviewed and acted upon according to the following
procedures:
1. The (permitting
authority) will review each application for a site development permit to
determine its conformance with the provisions of this local law. The (permitting
authority) will also refer any application to the Westchester County Soil
and Water Conservation District and/or any other local government or public
agency within whose jurisdiction the site is located, for review and
comment. Within thirty (30 days after
receiving an application, the (permitting
authority) shall, in writing,
(a) approve the permit application if it is
found to be in conformance with the provisions of this local law, and issue the
permit;
(b) approve the permit application subject to
such reasonable conditions as may be necessary to secure substantially the
objectives of this local law, and issue the permit subject to these conditions;
or
(c)
disapprove the permit application, indicating the deficiencies and the
procedure for submitting a revised application an/or submission.
2. No
site development permit shall be issued for an intended development site
unless:
a. The development has been approved by the (municipality) where applicable, or
b. Such permit is accompanied by or combined
with a valid building permit issued by the (municipality), or
c. The proposed earth moving is coordinated
with any overall development program previously approved by the (municipality) for the area in which the
site is situated.
3. Failure of the (permitting authority) to act on original or revised applications
within thirty (30) days of receipt shall authorize the applicant to proceed in
accordance with the plans as filed unless such time is extended by agreement
between the applicant and the (permitting
authority). Pending preparation and
approval of a revised plan, development activities shall be allowed to proceed
in accordance with conditions established by the (permitting authority).
G. APPEALS
The applicant, or any
person or agency which received notice of the filing of the application, may
appeal the decision of the (permitting
authority) as provided in paragraph F(3) of this Article VI, to the (Board of Appeals). Upon receipt of an appeal, the (Board) shall schedule and hold a public
hearing, after giving 15 days notice thereof.
The (Board) shall render a
decision within thirty (30) days after the hearing. Factors to be considered on review shall
include, but not be limited to, the effects of the proposed development
activities on the surface water flow to tributaries and downstream lands; any
comprehensive watershed management plans, or the use of any retention
facilities; possible saturation of fill and unsupported cuts by water, both
natural and domestic; runoff surface waters that produce erosion and silting of
drainageways; nature and type of soil or rock which, when disturbed by the
proposed development activities, may create earth movement and produce slopes
that cannot be landscaped; and excessive and unnecessary scarring of the
natural landscape through grading or removal of vegetation.
H. RETENTION OF PLANS
Plans, specifications,
and reports of all site developments shall be retained in original form or on
microfilm by the (permitting authority).
ARTICLE VII OPERATION STANDARDS AND REQUIREMENTS
A. APPLICABILITY
All grading,
stripping, excavating, and filling which is subject to the permit requirements
of this ordinance, and any grading, stripping, excavating, and filling which is
exempted from the permit requirements by paragraph B of Article VI, shall be subject
to the applicable standards and requirements set forth in this Article VII.
B. RESPONSIBILITY
The permittee shall
not be relieved of responsibility for damage to persons or property otherwise
imposed by law, and the (municipality)
or its officers will not be made liable for such damage, by (1) the issuance of
a permit under this local law, (2) compliance with the provisions of that
permit or with conditions attached to it, (3) failure of municipal officials to
observe or recognize hazardous or unsightly conditions, (4) failure of
municipal officials to recommend denial of, or to deny a permit, or (5)
exemptions from the permit requirements of this local law.
C. MANUAL ADOPTED BY REFERENCE
The standards and
specifications contained in the Westchester
County Best Management Practices Manuals cited in paragraph D of Article
VI, are hereby incorporated into this Article VII and made a part thereof by
reference for the purpose of delineating procedures and methods of operation
under site development and erosion and sedimentation control plans approved
under Article VI. In the event of
conflict between provisions of said manual and local law, the local law shall
govern.
D. INSPECTION
1. The (permitting authority) or designated agent shall make inspections as hereinafter required and shall