ruble being dumped along Ellicott Creek
Developers are trucking in debris and soil in the area off Stony Rd - its being put where they recently bulldozed for a "sewer" line - at Ellicott Creek.
Do they have a permit to dump in a "protected wetlands?"
If so , who issued those "permits"
What materials are allowed to be dumped , where does it come from ?
By the way , the Creek has and is still over running its bank , the hay bales and stones.
I guess the Lancaster building inspectors office will be handling this issue - OH! I forgot - Its the D.E.C. - or is it the Army Corp of Engineers ?
We cant expect our Planning Board or Town Board to do anything , or except any responsibility - because they won't !
:confused:
-
Welcome to Lancaster NY
Do they have a permit from FEMA & Town floodplain permit
Here is Lancasters code for floodplains and requirements designated by the town in addition there is the National flood Insurance Program. There is also a dumping permit for anything more then 10 loads. I don't think they know of half these rules and regulations or how to follow them. http://www.e-codes.generalcode.com/c...%2Ehtm&cn=1&n=[1]
[QUOTE]Chapter 21: FLOODPLAINS
[HISTORY: Adopted by the Town Board of the Town of Lancaster 2-26-2001by L.L. No. 2-2001. Editor's Note: This local law also repealed former Ch. 21, Floodplains, adopted 4-6-1987 by L.L. No. 1-1987, as amended. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch
ARTICLE I Statutory Authorization and Purpose
§ 21-1. Findings.
The Town Board of the Town of Lancaster finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Lancaster 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 chapter is adopted.
§ 21-2. Purpose.
It is the purpose of this chapter 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: A. 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.
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. Control filling, grading, dredging and other development which may increase erosion or flood damages.
E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain participation in the National Flood Insurance Program.
§ 21-3. Objectives.
The objectives of this chapter are to: A. Protect human life and health.
B. Minimize expenditure of public money for costly flood-control projects.
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. Minimize prolonged business interruptions.
E. Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.
F. 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.
G. Provide that developers are notified that property is in an area of special flood hazard.
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
ARTICLE III General Provisions
§ 21-5. Applicability.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Lancaster.
§ 21-6. Basis for establishing areas of special flood hazard. A. The areas of special flood hazard are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map (multiple panels) Index No. 360249 0001-0012, whose effective date is February 23, 2001.
(2) A scientific and engineering report-entitled "Flood Insurance Study, Town of Lancaster, New York, Erie County," dated February 23, 2001.
(3) LOMR, effective May 17, 2005, FEMA Case Number 04-02-019P, revising FIRM panels 0007C, 0008C. [Added 1-3-2005 by L.L. No. 1-2005]
B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at: Town of Lancaster Building and Zoning Department.
§ 21-7. Interpretation and conflict with other laws. A. This chapter includes all revisions to the National Flood Insurance Program through November 1, 1989, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.
ARTICLE IV Administration
§ 21-11. Designation of local administrator.
The Town of Lancaster Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions.
§ 21-12. Floodplain development permit; fees and costs. A. Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 21-6, without a valid floodplain development permit. Application for a 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. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Lancaster for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of not more than $500 to cover these additional costs.
§ 21-13. Permit application.
The applicant shall provide the following information as appropriate; additional information may be required on the permit application form: A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1-A30, AE or AH or Zone A if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
B. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
C. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 21-16C, Utilities.
D. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 21-18, Nonresidential structures.
E. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 21-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
F. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
G. In Zone A, when no base flood elevation data is available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
§ 21-14. Powers and duties of local administrator.
Duties of the local administrator shall include but not be limited to the following: A. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of subsection with the provisions and standards of this chapter.
(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Article V, Construction Standards and, in particular, § 21-15A, Subdivision proposals.
(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Article V, Construction Standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
B. Use of other flood data. (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 21-13G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter.
(2) When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter.
C. Alteration of watercourses. (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
D. Construction stage. (1) The local administrator shall, in Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(2) 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.
E. Inspections. 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, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
F. Stop-work orders. (1) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 21-9 of this chapter.
(2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 21-9 of this chapter.
G. Certificate of compliance. (1) In areas of special flood hazard, as determined by documents enumerated in § 21-6, it shall be unlawful to 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 chapter.
(2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in § 21-14E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
H. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) Floodplain development permits and certificates of compliance.
(2) Certificates of as-built lowest floor elevations of structures, required pursuant to § 21-14D(1) and (2), and whether or not the structures contain a basement;
(3) Floodproofing certificates required pursuant to § 21-14D(1) and whether or not the structures contain a basement;
(4) Variances issued pursuant to Article VI, Variance Procedures; and
(5) Notices required under § 21-14C, Alteration of watercourses.
Spelling is important - who cares about the Creek!
Quote:
Originally Posted by Harry Applesack
C'mon, give the guy a break. English is obviously his second language. Haven't you read any his other posts?
Your correct - its rubble - not ruble. - Thats the important fact. So I won't bother posting photo's or wasting your time with this issue.
Thanks for your concern !
:rolleyes:
-
