[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-9-2006 by L.L. No. 9-2006]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Town
of Clarkstown through the regulation of nonstormwater discharges to
the municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and New York State law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the SPDES General
Permit for municipal separate storm sewer systems. The objectives
of this article are:
A.Â
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended
or revised;
B.Â
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
C.Â
To prohibit illicit connections, activities and discharges
to the MS4;
D.Â
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article; and
E.Â
To promote public awareness of the hazards involved
in the improper storage and/or discharge of trash, yard waste, lawn
chemicals, pet waste, wastewater, grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment, snow
and ice control materials, and other pollutants into the MS4.
Whenever used in this article, unless a different
meaning is stated in a definition applicable to only a portion of
this article, the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good-housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities requiring authorization under the SPDES General
Permit for Stormwater Discharges from Construction Activity, GP-02-01,
as amended or revised, and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances that allow any nonstormwater
discharge, including treated or untreated sewage, process wastewater,
and wash water, to enter the MS4 and any connections to the storm
drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 249A-5 of this article.
A facility, including septics, cesspools and similar facilities,
serving one or more parcels of land or residential households, or
a private, commercial or institutional facility, that treats sewage
or other liquid wastes for discharge into the groundwaters of New
York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activity requiring the SPDES permit for discharges from industrial
activities except construction. GP-98-03, as amended or revised.
Municipal separate storm sewer system.
The Town of Clarkstown.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, soil and industrial, municipal,
or agricultural waste and ballast discharged into water or any substance
that may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips
and all chattel.
An employee, the municipal engineer or other public official(s)
designated by the Town of Clarkstown to enforce this article. The
SMO may also be 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 and designate
certain responsibilities pursuant to this article to other employees
or agents of the municipality.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to operators of small municipal separate storm
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit No. GP-02-02.
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 issued by the NYS DEC that authorizes the discharge
of pollutants to waters of the state.
Discharge compliance with water quality standards.
The condition that applies where a municipality has been notified
by the NYS DEC that the discharge of stormwater authorized under its
MS4 permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the municipality must take all necessary actions
to ensure future discharges do not cause or contribute to a violation
of water quality standards.
Section 303(d)-listed water. The condition in
the municipality's MS4 permit that applies where the MS4 discharges
to a 303(d)-listed water. Under this condition, the stormwater management
program must ensure no increase of the listed pollutant of concern
to the 303(d) listed water.
TMDL (total maximum daily load) strategy. The
condition in the municipality's MS4 permit where a TMDL including
requirements for control of stormwater discharges has been approved
by the EPA for a water body or watershed into which the MS4 discharges.
If the discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality was required to modify
its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which an MS4 discharges. Under this condition
the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the NYS
DEC as required by Section 303(d) of the Clean Water Act. Section
303(d)-listed waters are estuaries, lakes and streams that fall short
of state surface water quality standards and are not expected to improve
within the next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a waterbody so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
The Stormwater Management Officer(s) [SMO(s)]
shall administer, implement, and enforce the provisions of this article.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this article.
A.Â
Prohibition of illegal discharges; exemptions. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge
prohibitions established by this article, unless the NYS DEC or the
municipality has determined them to be contributors of pollutants
that could negatively impact water quality: water line flushing or
other potable water sources; landscape irrigation or lawn watering;
existing diverted stream flows; rising groundwater; groundwater infiltration
to storm drains; pumped groundwater, foundation or footing drains;
crawl space or basement sump pumps; air conditioning condensate; irrigation
water; springs; water from individual residential car washing; natural
riparian habitat or wetland flows; dechlorinated/debrominated swimming
pool, spa and pond discharges; residential street, driveway, home
or deck wash water; water from fire-fighting activities; and any other
water source not containing pollutants. Such exempt discharges shall
be allowed only if uncontaminated.
(2)Â
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)Â
Dye testing in compliance with applicable state and
local laws is an allowable discharge but requires a written notification
to the SMO prior to the time of the test.
(4)Â
Any discharge permitted under an SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of the NYS DEC, provided that the discharger is
in full compliance with all requirements of the permit, waiver, or
order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the MS4. The
discharger shall be required to file a copy of said written approval
with the MS4 prior to the discharge.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence
of any illicit connections to the MS4 is prohibited.
(2)Â
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
No persons shall operate a failing individual
sewage treatment system in areas tributary to the municipality's MS4.
A failing individual sewage treatment system is a system that has
one or more of the following conditions:
A.Â
The backup of sewage into a structure.
B.Â
Discharges of treated or untreated sewage onto the
ground surface.
C.Â
A connection or connections to a separate stormwater
sewer system.
D.Â
Liquid level in the septic tank above the outlet invert.
E.Â
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure
conditions as noted in this section.
F.Â
Contamination of off-site groundwater that can reasonably
be attributed to the individual sewage treatment system.
B.Â
Such activities include failing individual sewage treatment systems as defined in § 249A-6, improper management of pet waste, or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.Â
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES permit
authorization.
A.Â
Best management practices. Where the SMO has identified illicit discharges as defined in § 249A-2 or activities contaminating stormwater as defined in § 249A-7 the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)Â
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs and shall keep and maintain records and logs of the inspection
and maintenance of the BMPs and make them available for inspection
by the MS4 for a period of three years.
(2)Â
Any person responsible for a property that is, or may be, the source of an illicit discharge or an activity contaminating stormwater as defined in § 249A-7, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4, including the recordkeeping requirements described in Subsection A(1).
(3)Â
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliant
with the provisions of this section.
B.Â
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 249A-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)Â
Maintain and operate individual sewage treatment systems
as follows:
(a)Â
Inspect the septic tank annually to determine
scum and sludge accumulation. Septic tanks must be pumped out whenever
the bottom of the scum layer is within three inches of the bottom
of the outlet baffle or sanitary tee or the top of the sludge is within
10 inches of the bottom of the outlet baffle or sanitary tee.
(b)Â
Avoid the use of septic tank additives.
(c)Â
Avoid the disposal of excessive quantities of
detergents, kitchen wastes (including oil and grease), laundry wastes,
and household chemicals; and
(d)Â
Prohibit the disposal of cigarette butts, disposable
diapers, sanitary napkins, trash and other such items.
(e)Â
Most tanks should be pumped out every two to
three years. However, pumping may be more or less frequent depending
on use. Inspection of the tank for cracks, leaks and blockages should
be done by the septage hauler at the time of pumping of the tank contents.
(2)Â
Repair or replace individual sewage treatment systems
as follows:
(a)Â
In accordance with 10 NYCRR Appendix 75A and
Article IV of the Rockland County Sanitary Code.
(b)Â
A professional engineer licensed to practice
in New York State shall prepare design plans for any type of absorption
field that involves:
(c)Â
A written certificate of compliance shall be
submitted by the design professional to the municipality at the completion
of construction of the repair or replacement system. A written certificate
of approval shall be issued by the Rockland County Health Department
after inspection of the construction of the repair or replacement
system.
A.Â
If it is necessary for the SMO to take action, the
SMO may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened
discharge that presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4. The SMO shall notify the person of such suspension within a reasonable
time thereafter in writing of the reasons for the suspension. If the
person fails to comply with a suspension order issued in an emergency,
the SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons. All costs and
expenses incurred by the SMO to remedy the situation, including proper
disposal, shall be assessed to the owner of the property. If the property
owner fails to pay same, it may become a lien against the property,
subject to a hearing a minimum of 10 days prior to the imposition
of the tax lien.
B.Â
Suspension due to the detection of illicit discharge.
Any person discharging to the municipality's MS4 in violation of this
article may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMO will notify such person
in writing of the proposed termination of his/her or its MS4 access
and the reasons therefor. The person may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the person has taken steps to
prevent its recurrence. Access may be denied if the SMO determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits a violation if the person reinstates MS4
access to property terminated pursuant to this section without the
prior approval of the SMO.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit shall be required
by the municipality in a form acceptable to the NYS DEC prior to the
allowing of discharges to the MS4.
A.Â
Access to properties.
(1)Â
The SMO or his/her designee shall be permitted to
enter and inspect all properties subject to regulation under this
article as often as may be necessary to determine compliance with
this article. If a person has security measures in force that require
proper identification and clearance before entry into its premises,
the person shall make the necessary arrangements to allow access to
the SMO.
(2)Â
All persons shall allow the SMO ready access to all
parts of the property for the purposes of inspection, sampling, examination
and the copying of records as may be required to implement this article.
B.Â
The municipality shall have the right to set up on
any property subject to this article such devices as are necessary
in the opinion of the SMO to conduct monitoring and/or sampling of
the property's stormwater discharge,
C.Â
The municipality has the right to require the properties
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The property's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the person at his/her
or its own expense. All devices used to measure stormwater flow and
quality shall be calibrated to ensure their accuracy.
D.Â
Unreasonable delays in allowing the municipality access
to a property subject to this article is a violation of this article.
A person who is the operator of a property subject to this article
commits an offense if the person denies the municipality reasonable
access to the property for the purpose of conducting any activity
authorized or required by this article.
E.Â
If the SMO has been refused access to any part of
the property from which stormwater is discharged and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a property or operation, or responsible
for the emergency response for a property or operation, has information
of any known or suspected release of materials that are resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies, the municipality, and the responsible
MS4 of the occurrence via emergency dispatch services. In the event
of a release of nonhazardous materials, said person shall notify the
municipality and the responsible MS4 in person or by telephone or
facsimile no later than the next business day. Notifications in person
or by telephone shall be confirmed by written notice addressed and
mailed to the municipality within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.Â
Notice of violation.
(1)Â
When the municipality's SMO finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the SMO may order compliance by written notice of violation by certified
mail and/or posting of the property to the responsible person. Such
notice may require without limitation:
(a)Â
The elimination of illicit connections or discharges;
(b)Â
That violating discharges, practices, or operations
shall cease and desist;
(c)Â
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)Â
The performance of monitoring, analyses, and
reporting;
(e)Â
Payment of a fine and reimbursement of any costs
and/or expenses incurred by the municipality relating to the violation,
and
(f)Â
The implementation of source control or treatment
BMPs. If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
(2)Â
The municipality shall also have the right to issue
an appearance ticket for said violation.
B.Â
Penalties for offenses. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense both of which were committed within a period of
five years, punishable by a fine not less than $1,000 nor more than
$2,500 or imprisonment for a period not to exceed 15 days, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $2,500 nor more than $5,000 or imprisonment for a period
not to exceed 15 days, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Town within 15 days of
its issuance, which shall hear the appeal within 30 days after the
filing of the appeal and, within five days of making its decision,
file its decision in the office of the Municipal Clerk and mail a
copy of its decision by certified mail to said person.
A.Â
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation or, in the event
of an appeal, within five business days of the decision of the municipal
authority upholding the decision of the SMO, then the SMO may request
the person's permission for access to the subject property to take
any and all measures reasonably necessary to abate the violation and/or
restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the person.
B.Â
If refused access to the subject property, the SMO
may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole
responsibility of the person.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the SMO may petition for a preliminary or permanent
injunction restraining the person from activities that would create
further violations or compelling the person to perform abatement or
remediation of the violation.
A.Â
Where a person has violated a provision of this article,
he/she may be eligible for alternative remedies in lieu of a penalty,
upon recommendation of the Town of Clarkstown Attorney and concurrence
of the SMO, where:
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the Violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
[Adopted 6-19-2007 by L.L. No. 17-2007]
A.Â
It is hereby determined that 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 and that this stormwater runoff contributes to increased
quantities of water-borne pollutants, including siltation of aquatic
habitat for fish and other desirable species. Further, the clearing
and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and
aquatic habitat. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation. Impervious surfaces
allow less water to percolate into the soil, thereby decreasing groundwater
recharge and stream baseflow. Substantial economic losses can result
from these adverse impacts on the waters of the Town. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from land development
and is in the public interest and will minimize threats to public
health and safety. This regulation of land development through performance
standards will mitigate the adverse effects of erosion and sedimentation.
B.Â
The following objectives are sought by this article:
(1)Â
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)Â
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)Â
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.
(4)Â
Minimize increases in pollution caused by stormwater
runoff from land development activities, which would otherwise degrade
local water quality.
(5)Â
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable.
(6)Â
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and enforced to eliminate threats to public safety.
This article is adopted pursuant to the authority
granted by Article 10 of the Municipal Home Rule Law of the State
of New York.
This article shall be applicable to all land development activities as defined in § 249A-25 (Definitions) herein.
[Amended 12-13-2018 by L.L. No. 9-2018]
The Town Board has designated the Director of
the Department of Engineering and Facilities Management as the Stormwater
Management Officer, whose duties are to 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 or Planning 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 the Town Board, or (3) accept the certification
of a licensed professional that the plans conform to the requirements
of this article. All land development activities subject to review
and approval by the Town Board, Planning Board or Zoning Board of
Appeals under subdivision, site plan, or special permit regulations
shall be reviewed subject to the standards contained in this article.
All land development activities not subject to review as stated herein
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 article.
The following activities may be exempt from
review under this article:
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C.Â
Routine maintenance activities that disturb fewer
than five acres and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
D.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.Â
Any part of a subdivision if a plat for the subdivision
has been approved by the Planning Board on or before the effective
date of this article.
F.Â
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.Â
Cemetery graves.
H.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.Â
Emergency activity immediately necessary to protect
life, property or natural resources.
J.Â
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.Â
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meaning as
set forth in this section.
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 operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
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.
Activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 10,000 square feet of land area; or
Activities disturbing an aggregate total equal
to or greater than 10,000 square feet of 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.
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 conveyance, and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The New York State Department of Environmental Conservation.
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.
A certified professional in erosion and sediment control
(CPESC), professional engineer (PE), registered landscape architect
(RLA) and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
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.
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. The Town Board has designated the Director of the Department
of Engineering and Facilities Management as the Stormwater Management
Officer for the Town of Clarkstown.
[Amended 12-13-2018 by L.L. No. 9-2018]
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.
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 of New
York 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 man-made 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.]
The Town of Clarkstown.
Any permanent or intermittent natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully, or ravine, in and including any area adjacent thereto, in which
water normally flows.
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."
A.Â
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 article.
B.Â
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)Â
Background information about the scope of the project,
including location, type and size of project;
(2)Â
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 with dimensions; 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).
The site map should be at a scale no smaller than one inch equals
100 feet (e.g., one inch equals 500 feet is smaller than one inch
equals 100 feet);
(3)Â
Description of the soil(s) present at the site;
(4)Â
Construction phasing plans 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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)Â
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)Â
Description of all 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)Â
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)Â
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)Â
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to
permanent control measures;
(11)Â
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)Â
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)Â
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
(16)Â
Any existing data that describes the stormwater
runoff at the site.
C.Â
Land development activities as defined in § 249A-25 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below as applicable:
(1)Â
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the NYSDEC 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.
(2)Â
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(3)Â
Condition C: stormwater runoff from land development
activity disturbing between 10,000 square feet and five acres of land
during the course of the project, excluding agricultural activities
on agricultural properties.
[Amended 8-20-2013 by L.L. No. 6-2013]
D.Â
SWPPP requirements for Conditions A, B and C:
(2)Â
Description of each postconstruction stormwater management
practice.
(3)Â
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice.
(4)Â
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(5)Â
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)Â
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)Â
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)Â
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.
(9)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 249A-28 of this article.
(10)Â
For Condition A, the SWPPP shall be prepared
by a landscape architect, a certified professional in erosion and
sediment control (CPESC) 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 article.
E.Â
Other permits. The applicant shall assure that all
other applicable permits have been or will be acquired for the land
development activity prior to approval of the final stormwater design
plan.
F.Â
Contractor certification.
(1)Â
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:
"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)Â
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)Â
The certification statement(s) shall become part of
the SWPPP for the land development activity.
G.Â
Inspection reports. A copy of the SWPPP and all inspection
reports 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.Â
Technical standards. For the purpose of this article, 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 article:
[Amended 2-5-2019 by L.L.
No. 2-2019]
(1)Â
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") with
amendments:
(a)Â
Manual Section 4.5 — Overbank Flood Control Criteria (Qp) shall be revised to state "Overbank Control requires
storage to reduce the post-development ten-year, twenty-four-hour
peak discharge rate (Qp) to 10% less than predevelopment
rates."
(b)Â
Manual Section 4.6 — Extreme Flood Control Criteria (Qr) shall be revised to state "100-Year Control requires
storage to reduce the post-development 100-year, twenty-four-hour
peak discharge rate (Qr) to 10% less than predevelopment
rates."
(2)Â
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.Â
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
C.Â
Water quality standards. No land development activity
shall cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York (6 NYCRR Part 703.2).
A.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development
activity or his or its representative 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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)Â
For land development activities as defined in § 249A-25 of this article and meeting Condition A, B or C in § 249A-26D, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the SMO and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)Â
The applicant or developer or his or its 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.
B.Â
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 that shall be binding on all subsequent landowners served
by the stormwater management facility. The easement shall provide
for access to the facility 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
article. The grantor shall record the easement in the office of the
County Clerk after approval by the Town Attorney. This easement shall
not impose any obligation on the Town to maintain or repair the stormwater
management facility.
C.Â
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, at a minimum, the following:
(1)Â
A preventive/corrective maintenance program for all
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 article.
(2)Â
Written procedures for operation and maintenance and
training of maintenance personnel.
D.Â
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 final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B or Schedule C of this article, entitled "Sample Stormwater Control Facility Maintenance Agreement".[1] The Town, in lieu of a maintenance agreement, at the sole
discretion of the Stormwater Management Officer, subject to the approval
of the Town Attorney, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[Amended 8-20-2013 by L.L. No. 6-2013]
[1]
Editor's Note: Schedule B and Schedule C are included at the end of this chapter.
A.Â
Construction inspections.
(1)Â
Erosion and sediment control inspection.
(a)Â
The Town Stormwater Management Officer may require
such inspections as necessary to determine compliance with this article
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 article and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Town Stormwater Management Officer at least 48 hours before any of
the following:
[1]Â
Start and/or resumption of construction.
[2]Â
Installation of sediment and erosion control
measures.
[3]Â
Completion of site clearing.
[4]Â
Completion of rough grading.
[5]Â
Completion of final grading.
[6]Â
Close of the construction season.
[7]Â
Completion of final landscaping.
[8]Â
Successful establishment of landscaping in public
areas.
(b)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
Submission of reports. The Town Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
(5)Â
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 stormwater 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 § 249A-29:A(3).
B.Â
Performance guarantee.
(1)Â
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 year from the date of
final acceptance or such other certification that the facility(ies)
has (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.
(2)Â
Maintenance guarantee.
[Amended 8-20-2013 by L.L. No. 6-2013]
(a)Â
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 residential (i.e., homeowners’ associations,
condominium or townhouse developments), commercial or industrial facility
(including, but not limited to, commercial condominiums), the developer,
prior to construction, may be required to provide the Town with a
bank check or cash deposit as security 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 these funds to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
(b)Â
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by an individual owner of a single
residential property, said owner shall execute a maintenance agreement
with the Town to insure the long-term inspection and maintenance of
those facilities.
(3)Â
Recordkeeping. The Town may require entities subject
to this article to maintain records demonstrating compliance with
this article.
A.Â
Notice of violation. When the Town determines that
a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or
applicant;
(2)Â
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to
bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action;
(5)Â
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)Â
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of the notice of violation.
B.Â
Stop-work orders. The Stormwater Management Officer
(SMO) or his designee may issue a stop-work order for violations of
this article. 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 SMO 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 or criminal penalties or judicial injunctions
in accordance with the enforcement measures authorized in this article.
C.Â
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
D.Â
Penalties.
(1)Â
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine
not exceeding $1,000 for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $1,000 nor more
than $2,500 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction for a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine not less than $2,500 nor more than $5,000 or imprisonment for
a period not to exceed 15 days, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations, of this article shall be deemed offenses. Each week's
continued violation shall constitute a separate additional offense.
(2)Â
In addition to any other penalties provided for herein,
any person who violates any provision of this article shall be liable
for a civil penalty not to exceed $3,000 for each such violation.
No such penalty shall be imposed until the Board of Trustees/Town
Council has held a public hearing, upon due notice, and has made a
determination that such violation has occurred and has made findings
of fact relating to said determination. The alleged violator shall
have a right to specification of the charges and to be represented
by counsel at such hearing. Each day said violation continues shall
be deemed to be a separate, distinct and additional offense. Any civil
penalty or order issued by the Town Board shall be reviewable pursuant
to Article 78 of the Civil Practice Law and Rules within 30 days after
filing of such penalty or order in the office of the Town Clerk and
mailing a copy thereof to the violator.
E.Â
Certificate of occupancy. No certificate of occupancy
(C/O) shall be issued for any building or structure in connection
with any land development activity that is subject to this article
unless the SMO has certified that the work has been installed or conducted
in compliance with this article.
F.Â
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within the time stated in the notice, the Town may
take necessary corrective action, the cost of which shall become a
lien in the nature of a tax lien upon the property until paid. In
addition, any fees, penalties or other costs imposed by the Town against
the violator in order to obtain compliance with this article shall
be assessed against the property in the nature of a tax lien until
paid. No such lien shall take effect until the Town Board has held
a public hearing upon 10 days' notice to the violator, advising him/her
that a lien will be imposed upon the affected property and the amount
thereof. The violator shall have an opportunity to appear and give
evidence at the public hearing and to be represented by counsel. Any
person aggrieved by a decision of the Town Board may appeal such decision
to the New York State Supreme Court in an Article 78 proceeding pursuant
to the Civil Practice Law and Rules within thirty days after such
decision has been filed in the office of the Town Clerk and a copy
mailed by regular mail to the violator.
G.Â
Enforcement. Enforcement of the provisions of this
article is vested in the Town Stormwater Management Officer, his designees,
inspectors of the Department of Engineering and Facilities Management,
and code enforcement personnel of the Town.
[Amended 12-13-2018 by L.L. No. 9-2018]
The Town may require any person undertaking
land development activities regulated by this article 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. The municipality shall determine the amount to be paid by
said person into an escrow account to be held by the Town. The costs
incurred by the Town shall be reimbursed from the escrow account.
The person undertaking the land development activity shall replenish
the escrow account on an as-needed basis.
The SMO may, without prior notice, suspend MS4
discharge access to a person when such suspension is necessary to
stop an action which presents or may present imminent and substantial
danger to the environment, to the health or welfare of persons, or
to the MS4. The SMO shall notify the person of such suspension within
a reasonable time thereafter, in writing, including the reasons for
the suspension. If the violator fails to comply with a suspension
order issued in an emergency, the SMO may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or to minimize
danger to persons.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this article.
