§ A361-21. Grading; retention basins.

A. 

No final slope on the property shall exceed the normal angle of repose of the soil of said slope as determined by the City Engineer, except where said slope consists of a natural rock formation, or is supported by a retaining wall or equivalent, of a design acceptable to the City Engineer.

B. 

All existing wetlands having a total area of 1/4 acre or more individually or cumulatively on the same parcel shall be considered as having local environmental significance as authorized by the State Environmental Quality Review Act (SEQRA). Impacts to such wetlands shall be avoided or, where avoidance is not practical, minimized to the fullest practical extent. Applications shall demonstrate to the satisfaction of the Planning Board that impacts have been avoided and/or minimized to the fullest practical extent. Sudden drops or sharp changes in grade shall be minimized or, where unavoidable, protected by means of fences or such other protection as may be specified by the Planning Board, after consultation with other City officials having jurisdiction, in each particular case.

C. 

A subdivision which includes five or more lots shall incorporate plans for the construction of a retention basin capable of retaining and treating the first 1/2 inch of runoff or runoff resulting from a one-year, twenty-four-hour storm event, whichever is greater, from the runoff of the total anticipated impervious areas, including impervious areas that may exist on future platted lots within the subdivision. If it can be demonstrated to the satisfaction of the Planning Board that retention basins or extended detention facilities are not practical alternatives, other methods recommended in the current NYSDEC Stormwater Management Guidelines, such as reducing the impacts of stormwater runoff from new development, may be used as substitutes. Substitutes may also include the use of dry wells, swales, grit and/or oil separators and filter strips. The basin and all of the necessary appurtenances shall be as per the Department of Public Works requirements. Where the Board determines that an oil/grit separator is an acceptable alternative, said separator shall be constructed to permit access for inspection and maintenance and the applicant shall submit maintenance reports together with a signed and notarized certification on a form supplied by the Building Official twice per year; once between April 15 and May 30 and once between October 15 and November 30, certifying that the oil/grit separator was inspected and cleaned out during the above-described time periods and that said separators are in working order. The applicant shall be further required to post a long-term maintenance bond with respect to the performance of the maintenance required herein. If the maintenance bond expires or is used by the City in order to conduct the required inspection and cleaning in the event of default by the applicant, then the City may serve an abatement notice for further expenses incurred by or on behalf of the City pursuant to the procedures set forth in § 200 of the City Charter. In addition, the application shall utilize the Westchester County Best Management Practices Manual for Erosion and Sediment Control to prepare a Sediment Control Plan acceptable to the Building Official.

[Added 2-23-1982; amended 12-10-1996 by Ord. No. 260-1996; 6-16-1998 by Ord. No. 171-1998]

Amended 12-10-1996 by Ord. No. 260-1996; 6-16-1998 by Ord. No. 171-1998