[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington 11-15-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
It is hereby determined that:
A.
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.
B.
This stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter 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 legislative findings in § 132A-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
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.
B.
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.
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels.
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
F.
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.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Board of Trustees has the authority
to enact local laws and amend local laws for the purpose of promoting
the health, safety or general welfare of the Village and for the protection
and enhancement of its physical environment. The Board of Trustees
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.
A.
This chapter shall be applicable to all land development activities
as defined in § 132-A5.
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 Board of Trustees, 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 chapter.
C.
All land development activities subject to review and approval by
the Architectural Review Board, Board of Appeals and Board of Trustees
under subdivision, site plan, and/or special permit regulations shall
be reviewed subject to the standards contained in this chapter.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section.
A property owner who has filed an application for a land
development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
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."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance.
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.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from construction, subsurface disposal and
urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York 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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries and marshes.
Village of Kensington.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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
section.
B.
To review the proposed land development activities, the Stormwater
Management Officer may require the SWPPP to include any or all of
the following at a level of detail sufficient to properly evaluate
the potential impacts of the activities:
(1)
Background information about the scope of the project, including
location, type and size of project.
(2)
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).
(3)
Description of the soil(s) present at the site;
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice.
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent control
measures.
(11)
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.
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(15)
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.
(16)
Any existing data that describes the stormwater runoff at the
site.
(17)
Post-construction stormwater runoff controls.
(a)
Description of each post-construction stormwater management
practice.
(b)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(c)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(d)
Comparison of post-development stormwater runoff conditions
with pre-development conditions.
(e)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(f)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(g)
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.
(h)
Inspection and maintenance agreement binding on all subsequent
landowners.
(18)
Any additional information that the Stormwater Management Officer
deems appropriate.
C.
Plan certification. The SWPPP shall be prepared by a landscape architect,
certified professional or 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 chapter.
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 identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity:
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"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."
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(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.
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.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this section, 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 section:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
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 of New
York.
A.
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 chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
B.
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
days and within 24 hours of any storm event producing 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.
A.
Erosion and sediment control inspection.
(1)
The Stormwater Management Officer may require such inspections as
necessary to determine compliance with this chapter 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 chapter
and the stormwater pollution prevention plan (SWPPP), as approved.
To obtain inspections, the applicant shall notify the Village enforcement
official at least 48 hours before any of the following, as required
by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
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 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.
D.
Submission of reports. The Stormwater Management Officer may require
monitoring and reporting from landowners subject to this chapter as
are necessary to determine compliance with this chapter.
E.
Right-of-entry for inspection. The landowner shall grant to the Stormwater
Management Officer the right to enter the property at reasonable times
and in a reasonable manner for the purpose of inspection.
In order to ensure the full and faithful completion of all land
development activities related to compliance with all conditions set
forth by the Village in its approval of the Stormwater Pollution Prevention
Plan, the Village 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 Village as the beneficiary. The security shall be in an amount
to be determined by the Village 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 Village, provided that such period
shall not be less than one-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 Village. Per annum interest on cash
escrow deposits shall be reinvested in the account until the surety
is released from liability.
A.
Notice of violation. When the Village determines that a land development
activity is not being carried out in accordance with the requirements
of this chapter, 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 chapter 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.
B.
Stop-work orders. The Village may issue a stop-work order for violations
of this chapter. 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 Village 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 chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties. Any person who shall violate any provision of this chapter
shall be guilty of an offense punishable for each day said violation
continues by a fine not more than $1,000 or imprisonment for a period
not to exceed six months, or both such fine and imprisonment.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, 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 in addition to any
other remedies, the Village may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
The Village may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Village or performed by a third party for the Village.
