[HISTORY: Adopted by the Town Board of the
Town of Perinton 8-9-1979 by L.L. No. 6-1979 (Ch. 113 of the 1976
Code); amended in its entirety 7-28-2010 by L.L. No. 5-2010.
Amendments noted where applicable.]
A.Â
This chapter shall hereafter be known and cited as the "Sediment
Control Law of the Town of Perinton."
It is the purpose of this chapter to protect public health,
safety and welfare in the Town of Perinton by regulating site preparation
and construction activities, including excavation, filling, grading
and stripping, so as to prevent problems related to erosion, silt,
sediment, drainage, and flooding. The objective of this chapter is
to prevent the adverse effects of site preparation, construction and
development and thereby:
A.Â
Protect the quality of the natural environment from pollution of
water areas and watercourses; unnecessary destruction of trees and
other vegetation; excessive exposure of soil to erosion; unnecessary
modification of natural topography or unique geological features;
and failure to restore sites to an attractive natural condition.
B.Â
Protect people and properties from increased runoff, erosion and
sediment; increased threat to life and property from flooding or stormwater;
increased slope instability and hazards from landslides; and modifications
to the groundwater adversely affecting water wells and surface water
levels.
C.Â
Protect the Town and other governmental bodies from undertaking programs,
at public expense, of repairing roads and other public facilities
damaged by erosion or runoff; providing flood protection facilities;
stabilizing slopes; and dredging, cleaning or widening watercourses.
D.Â
Ensure that site preparation, construction and development of any
parcel of land is consistent with and in sequence with a planned program
for erosion and sediment control.
In accordance with Article 9 of the Town Law of the State of
New York, the Perinton Town Board has the authority to enact laws
for the purpose of promoting the health, safety or general welfare
of the Town of Perinton, including the protection and preservation
of the property of its inhabitants. By the same authority, the Perinton
Town Board may include in any such law provisions for the appointment
of any municipal officers or employees to effectuate and administer
such law.
This chapter is broken into three main sections: Construction stormwater pollution prevention and erosion and sediment control (§ 119-6); Design and management of postconstruction stormwater pollution prevention measures (§ 119-7); and Illicit discharges and connections to storm sewer (§ 119-8).
The following definitions shall apply to this chapter:
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 property owner or agent of a property owner who has filed
an application for a land disturbance activity.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities subject to SPDES construction permits. Currently,
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Town of Perinton to conduct
site inspections and/or perform other municipal duties.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this section.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
Excavation or fill of material, including the resulting conditions
thereof.
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.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 119-6D(3) of this chapter and any stormwater discharges to the sanitary sewer except as permitted by the Town of Perinton.
An illicit connection is defined as one of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge including sewage, process wastewater and wash water to enter
the storm drain system and any connection 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 a
government agency;
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the Town of Perinton;
or
Any stormwater discharge to a sanitary sewer unless approved
by the Town of Perinton.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
Activities subject to SPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired byproduct waste resulting from any process of
industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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."
A construction activity or land disturbance activity including
clearing, grading, excavating, soil disturbance or placement of fill.
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 document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
The most recent version of this publication, which is commonly
known as the "Blue Book."
Any discharge to the storm drain system that is not composed
entirely of stormwater.
A stormwater management measure located outside the subject
property boundary.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordinances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility 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.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
A sewer which transports sewage and to which storm, surface
and groundwaters are not intentionally admitted.
Measures that prevent eroded sediment from leaving the site.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface and stormwater as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
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.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their municipal separate storm sewer
(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 Town of Perinton must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
303(d)-listed waters: the condition in the Town of Perinton's
MS4 permit that applies where the Town of Perinton 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.
Total maximum daily load (TMDL) strategy: the condition in the
Town of Perinton 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 Town of Perinton discharges.
If the discharge from the Town of Perinton did not meet the TMDL stormwater
allocation prior to September 10, 2003, the Town of Perinton 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 Town of Perinton's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which the Town of Perinton discharges. Under
this condition, the Town of Perinton must review the applicable TMDL
to see if it includes requirements for control of stormwater discharges.
If the Town of Perinton is not meeting the TMDL stormwater allocations,
the Town of Perinton 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.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
An order issued which requires that all construction activity
on a site be stopped.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (e.g., ditches) reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
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.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
The 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 were
neither originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
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 Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 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.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Surface watercourse and water bodies as defined at 40 CFR
§ 122.2, including all natural waterways and definite channels
and depressions in the earth that may carry water, even though such
waterways may only carry water during rains and storms and may not
carry stormwater at and during all times and seasons.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
Waters of the United States as defined at 40 CFR § 122.2.
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
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
Applicability. The provisions of this section shall be applicable to all land disturbance activities that will disturb greater than or equal to one acre (43,560 square feet) of land unless exempted under § 119-6D(3) of this section. The ordinance also applies to land disturbance activities that are less than one acre (43,560 square feet) disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to one acre (43,560 square feet), even though multiple separate and distinct land disturbance activities may take place at different times on different schedules. For any land development that increases parking spaces by 6,000 square feet and/or increases the amount of impervious surface on a property by 15,000 square feet, but is not required to obtain coverage under the NYSDEC SPDES General Permit for Construction Activities, the provisions of the most recent Irondequoit Creek Watershed Collaborative "Packet for Developers" shall be applicable.
B.Â
Compatibility with other permits and section requirements.
(1)Â
Compliance with this section does not relieve the applicant of the
obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES General Permit for Construction Activities if required.
For projects also applying for coverage under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, the applicant
shall submit a copy of the stormwater pollution prevention plan (SWPPP),
a notice of intent (NOI) with a certification statement including
the date demonstrating submission to the NYSDEC, a letter of permission
from the NYSDEC granting approval to disturb five acres or greater
of land at one time (if applicable) and any related documents to the
Town of Perinton for review and approval.
(2)Â
The requirements of this section should be considered minimum requirements
and where any provision of this section imposes restrictions different
from those imposed by any other federal, state, or local law, rule
or regulation, or other provision of law, the provisions that are
more restrictive or impose more stringent requirements shall take
precedence.
(3)Â
Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or ordinances such as §§ 119-7 and 119-8; Design and management of postconstruction stormwater pollution prevention measures and Illicit discharges and connections to storm sewer, respectively.
C.Â
Standards for construction activities covered under this section.
(1)Â
The Town of Perinton requires the use of technical standards for
erosion and sediment controls. These are detailed in the Town of Perinton's
Design Criteria and the New York State Department of Environmental
Conservation's Standards and Specifications for Erosion and Sediment
Control. For the design of water quality and water quantity controls
(postconstruction stormwater runoff control practices), the NYSDEC's
technical standards are detailed in the New York State Stormwater
Management Design Manual.
(2)Â
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a licensed/certified professional.
D.Â
Land disturbance activity approval process.
(1)Â
Requirements of application.
(a)Â
Any applicant requesting site plan/subdivision approval or a
permit for land disturbance activity which would require the disturbance
of greater than or equal to one acre (43,560 square feet) of land
shall also include with a submission a SWPPP that shall be reviewed
and approved by the Town of Perinton prior to issuance of the final
site plan approval or a permit.
(b)Â
No applicant shall be granted site plan/subdivision approval
or a permit which would require the disturbance of greater than or
equal to one acre (43,560 square feet) of land without the review
and approval of a SWPPP by the Town of Perinton.
(c)Â
Furthermore, prior to the issuance of a permit or site plan/subdivision approval, all projects that would result in the disturbance of greater than or equal to one acre (43,560 square feet) of land will be required to comply with all applicable provisions of the Ordinance for Design and Management of Postconstruction Stormwater Pollution Prevention Measures. As part of the SWPPP the applicant shall include a signed statement that all applicable requirements of § 119-7, Design and management of postconstruction stormwater pollution prevention measures, have been met to the satisfaction of the Town of Perinton.
(d)Â
Each application shall bear the name(s) and address(es) of the
owner or developer of the site, and of any consulting firm retained
by the applicant, together with the name of the applicant's principal
contact at such firm, and shall be accompanied by a filing fee as
set by the Town Board.
(e)Â
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 119-6D(5) of this section.
(f)Â
Each application shall include a statement that any land clearing,
construction, or development involving the movement of land shall
be in accordance with the submitted SWPPP.
(g)Â
All land disturbance activities, as defined in § 119-5 of this section, not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Perinton who shall approve the SWPPP if it complies with the requirements of this section.
(2)Â
Review and approval of application. Plans submitted for approval under these regulations must obtain site plan approval consistent with § 208-53 of the Town Code.
(3)Â
Exemptions from this section. The following activities are exempt
from review under this section:
(a)Â
Any emergency activity which is immediately necessary for the
protection of public health, property or natural resources.
(b)Â
Agricultural activity as defined in this section.
(c)Â
Silvicultural activity, except that landing areas and log haul
roads are subject to this section.
(d)Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(e)Â
Repairs to any stormwater treatment practice deemed necessary
by Town of Perinton.
(4)Â
Financial guarantees. The Town of Perinton may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Perinton prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall contain an automatic renewal clause unless it is determined by the Town of Perinton that it will not be required. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 119-6G of this section. At its discretion, the Town of Perinton may allow for a partial release of the financial guarantee based on the completion of various development stages.
(5)Â
Stormwater pollution prevention plan requirements.
(a)Â
The Town of Perinton shall designate a Stormwater Management
Officer who shall accept and review all SWPPPs and forward such plans
to the applicable municipal board. A consultant cannot be appointed
as a Stormwater Management Officer. The Stormwater Management Officer
may:
[1]Â
Review the plans;
[2]Â
Upon approval by the Town Board, engage the services of a New-York-State-licensed
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]Â
Accept the certification of a licensed/certified professional
that the plans conform to the requirements of this section.
(b)Â
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Perinton and submitted to the Stormwater Management Officer designated by the Town of Perinton for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 119-5 of this chapter. The final plan must be signed by a New-York-State-licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Town of Perinton design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Town of Perinton.
(c)Â
The requirements to have a SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New-York-State-licensed
professional engineer (PE) are not applicable to land disturbance
activities that meet technical standards and are five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development, or an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
(d)Â
Minimum requirements. 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 and contact information that includes
the name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number
of the subject property or properties.
[2]Â
Site map/construction drawing(s) for the project, including
a general location map and a topographic base map of the site at a
scale of one inch equals 40 feet which extends a minimum of 100 feet
beyond the limits of the proposed development. 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) including receiving waters (name
of the water), streams, ponds, culverts, ditches, and wetlands as
well as drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of utilities, roads,
soils types, forest cover, and significant natural and man-made features
not otherwise shown; locations of off-site material, waste, borrow
or equipment storage areas, proposed concrete cleanout basin(s) and
construction entrance; location(s) of the stormwater discharges(s);
and resources protected under other chapters of this Code or by easements.
[3]Â
Description of the soil(s) present at the site.
[4]Â
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation, final grading
and landscaping, and any other activity at the site that results in
soil disturbance. Sequencing shall identify the expected date on which
clearing will begin and the estimated duration of exposure of cleared
areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
[5]Â
A description of the pollution prevention measures that will
be used to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on site with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
[6]Â
A description of the 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
disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
[7]Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
[8]Â
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins and
the dimensions, material specifications and installation details for
each throughout all phases of construction and completion of development
of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
[9]Â
Identification of all temporary practices that will be converted
to permanent control measures.
[10]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.
[11]Â
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
[12]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.
[13]Â
Any existing data that describes the stormwater runoff at the
site.
[14]Â
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Town
of Perinton.
[15]Â
Assurance that the applicant or his or her "responsible individual"
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices.
[16]Â
Contractors and subcontractors.
[a]Â
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land disturbance activity at the
site:
|
"I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards."
|
[17]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. The certification statement
must be included in the SWPPP.
E.Â
Modifications to the plan after approval.
(1)Â
Major amendments of the SWPPP shall be submitted to the Town of Perinton
and shall be approved or disapproved.
(2)Â
The applicant shall amend the SWPPP whenever:
(a)Â
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
(b)Â
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this section. Amendments to the SWPPP may be reviewed by the Town
of Perinton. A copy of the newly amended SWPPP must be provided to
the Town of Perinton within five business days. Additionally, the
SWPPP shall be amended to identify any new contractor or subcontractor
that will implement any measure of the SWPPP. The Town of Perinton
may request copies of signed contractor certification statements from
new contractors/subcontractors working on the site. Field modifications
of a minor nature may be authorized by Town of Perinton by written
authorization to the applicant.
F.Â
Inspections.
(1)Â
Town of Perinton inspections. The Town of Perinton or designated agent, as defined in § 119-5, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town of Perinton reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his or her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization.
(a)Â
To obtain inspections, the applicant shall notify Town of Perinton
at least 48 hours before the following activities occur:
[1]Â
Start of construction.
[2]Â
Erosion and sediment control measures have been installed and
stabilized.
[3]Â
Site clearing has been completed.
[4]Â
Rough grading has been completed.
[5]Â
Final grading has been completed.
[6]Â
Close of the construction season.
[7]Â
Final landscaping.
[8]Â
Closeout inspection.
(b)Â
The above inspection timetable does not relieve the owner of
the obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(c)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 earthwork shall be conducted on the
site, except for site stabilization, until the violations are corrected
and approved by the Town of Perinton.
(2)Â
Property owner/developer inspections.
(a)Â
The applicant shall employ a responsible individual, as defined in § 119-5 of this chapter, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town of Perinton within five days after the month's end.
(b)Â
The requirement to employ a qualified professional to inspect
and document the effectiveness of all erosion and sediment control
practices is not applicable to land disturbance activities five acres
or less occurring on a single-family residence, which is not part
of a larger common plan of development or on an agricultural property.
In addition, these land disturbance activities must not discharge
directly to a 303(d) impaired water body or must not be located in
a total maximum daily load (TMDL) watershed.
G.Â
Duration, maintenance and closeout.
(1)Â
Duration.
(a)Â
For a project that requires a NYSDEC SPDES Permit, the SWPPP
approved by the Town of Perinton shall be in effect until:
(b)Â
For projects that do not require a NYSDEC NOT, the SWPPP is
in effect until a final inspection is conducted and the Town of Perinton
has issued the applicant written approval.
(2)Â
Maintenance.
(a)Â
The applicant shall at all times properly operate and maintain
all stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this section. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%. The land disturbance 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.
(b)Â
At the end of the construction season, when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
(3)Â
Closeout. The applicant must satisfy the following project closeout
requirements:
(a)Â
Reestablish grade of all permanent stormwater facilities;
(b)Â
Inspect grading of all drainage structures and provide elevation
as-built to the Town of Perinton;
(c)Â
Establish perennial vegetative cover to a density of 80% over
100% of the site;
(d)Â
Removal of all debris and temporary erosion and sediment control
practices;
(e)Â
Provide a written certification by a New-York-State-licensed/certified professional that the site has undergone final stabilization (as defined in § 119-5) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(f)Â
Complete any other measure deemed appropriate and necessary
by the Town of Perinton to stabilize the project site.
H.Â
Enforcement and penalties.
(1)Â
Stop-work order.
(a)Â
The Town of Perinton may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall halt all land disturbance activities except those activities that address the violations leading to the stop-work order, provided approval to proceed with these corrections had been granted by the Town. The stop-work order shall be in effect until the Town of Perinton confirms that the land disturbance 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 Chapter 115 of this Code.
(b)Â
The Town of Perinton may restrict any and all activity on a
site in violation of this section.
A.Â
Introduction, purpose.
(1)Â
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
(2)Â
The purpose of this section is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in the watersheds within
the Town of Perinton. Therefore, the Town of Perinton establishes
this set of water quality and quantity policies to provide reasonable
guidance for the regulation of stormwater runoff and, in addition
to the above, to safeguard persons, protect property, prevent damage
to the environment in the Town of Perinton, and comply with the NYSDEC
State Pollutant Discharge Elimination System (SPDES) General Permit
for Stormwater Discharges from Municipal Separate Storm Sewer Systems
(MS4s), for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff discharges
from land development projects and other construction 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 prevent threats to public health and safety.
(3)Â
No new development project or proposed redevelopment project shall
discharge stormwater into adjacent culverts, channels, or waterbodies
at a rate greater than what occurs under natural undeveloped conditions.
B.Â
Applicability.
(1)Â
This section shall be applicable to land disturbance activities as defined in § 119-5 of this chapter, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 119-7H as applicable, unless eligible for an exemption or granted a waiver by the Town of Perinton in accordance with § 119-7F of this section:
(a)Â
Condition A: Stormwater runoff from land disturbance activities
discharging a pollutant of concern to either an impaired water identified
on the NYSDEC's 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.
(b)Â
Condition B: Stormwater runoff from land disturbance activities
disturbing one or more acres of land during the course of the project,
inclusive of residential subdivision projects, but exclusive of the
construction of a single-family home and construction activities at
agricultural properties.
(c)Â
Condition C: Stormwater runoff from land disturbance activity
that are smaller than one acre (43,560 square feet) of disturbance
if such activities are part of a larger common plan of development,
even though multiple separate and distinct land disturbance activities
may take place at different times on different schedules.
(d)Â
Condition D: For any land development that increases parking
spaces by 6,000 square feet and/or increases the amount of impervious
surface on a property by 15,000 square feet, but is not required to
obtain coverage under the NYSDEC SPDES General Pennit for Construction
Activities, the provisions of the most recent Irondequoit Creek Watershed
Collaborative, "Packet for Developers," shall be applicable.
(2)Â
All plans, documents and information required by this section must
be reviewed by the Town of Perinton to ensure that established water
quality standards will be maintained during and after development
of the site and that postconstruction runoff levels are consistent
with any local and regional watershed plans.
(3)Â
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 119-5 of this chapter, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by Town of Perinton.
(4)Â
This applies to all redevelopment projects that are greater than
or equal to one acre (43,560 square feet).
(5)Â
The following activities may be exempt from the requirements of this
section:
(a)Â
Any emergency activity which is immediately necessary for the
protection of life, property or natural resources.
(b)Â
Agricultural activity as defined in this section.
(c)Â
Silvicultural activity, except that landing areas and log haul
roads are subject to this section.
(d)Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(e)Â
Repairs to any stormwater treatment practice deemed necessary
by the Town of Perinton.
C.Â
Compatibility with other permits and section requirements.
(1)Â
This section is not intended to interfere with, abrogate, or annul
any other ordinance, rule or regulation, statute, or other provision
of law. The requirements of this section should be considered minimum
requirements, and where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence.
(2)Â
Construction activities that involve land disturbance may also require
additional compliance measures detailed in other regulations and/or
ordinances found in this Code.
D.Â
Compliance.
(1)Â
Person(s) shall not receive any of the building, grading or other
land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this section
to the satisfaction of the Town of Perinton.
(2)Â
Unless specifically excluded by this section, any landowner or operator
desiring approval or a permit for a land disturbance activity shall
comply with all applicable provisions of this section and shall submit
all required plans, documentation and information as required under
this section to the Town of Perinton for review and approval.
(3)Â
Unless otherwise accepted by this section, the following items shall
be submitted prior to the issuance of a permit or site plan approval:
(5)Â
The SWPPP and all other documents required by this section must be
reviewed by the Town of Perinton to ensure that established water
quality standards will be maintained after development of the site
and that postconstruction runoff levels are consistent with any local
and regional watershed plans. Information shall be submitted as a
single, logical package, with all information bound together.
E.Â
Waivers and mitigation requirements. All person(s) shall comply with
the requirements of this section, unless a written request is filed
to waive the requirements in part or whole for land disturbance activities
that disturb less than one acre of land. Requests to waive any requirements
of this section shall be submitted to the Town of Perinton for approval.
(1)Â
The minimum requirements for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(a)Â
It can be demonstrated that the proposed development is not
likely to impair attainment of the objectives of this section.
(b)Â
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater pollution prevention
plan that has been approved by the Town of Perinton and the implementation
of the plan is required by local law. These practices are encouraged
in order to minimize the reliance on structural practices. Credit
in the form of reductions in the amount of stormwater that must be
managed can be earned through the use of nonstructural practices that
reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual, Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(c)Â
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is
equal to or greater than that which would be afforded by on-site practices,
and to have a legally obligated entity responsible for long-term operation
and maintenance of the stormwater practice.
(d)Â
The Town of Perinton finds that meeting the minimum on-site
management requirements are not feasible due to the natural or existing
physical characteristics of a site.
(2)Â
In instances where one of the conditions above applies, the Town
of Perinton may grant a waiver from strict compliance with these stormwater
management provisions, as long as acceptable mitigation measures are
provided. However, to be eligible for a variance, the applicant must
demonstrate to the satisfaction of the Town of Perinton that the variance
will not result in the following impacts to downstream waterways:
(3)Â
Furthermore, where compliance with minimum requirements for stormwater
management is waived, the applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Town of
Perinton. Mitigation measures may include, but are not limited to,
the following:
(a)Â
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (see Subsection F(2), Dedication or easement of land). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
(b)Â
The creation of a stormwater management facility or other drainage
improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and
constructed in accordance with the purposes and standards of this
section;
(4)Â
No waivers or mitigation plans will be considered for land disturbance
activities that disturb one acre or greater of land, do not discharge
to a 303(d) water body or are located in a total maximum daily load
(TMDL) watershed.
F.Â
Fee in lieu-of and dedication or easement of land.
(1)Â
Fee in lieu-of. Where the Town of Perinton waives all or part of
the minimum stormwater management requirements, or where the waiver
is based on the provision of adequate stormwater facilities provided
downstream of the proposed development, the applicant shall be required
to pay a fee in an amount determined by the Town of Perinton. All
monetary contributions shall be made to a dedicated fund for stormwater
management activities. The fee structure shall be based on the cubic
feet of storage required for stormwater management of the development
in question. All of the monetary contributions shall be made by the
applicant prior to the issuance of any permit or approval for the
development.
(2)Â
Dedication or easement of land. In lieu of a monetary contribution,
an applicant may obtain a waiver of the required stormwater management
by entering into an agreement with the Town of Perinton for the granting
of an easement or the dedication of land by the applicant, to be used
for the construction of an off-site stormwater management facility.
The agreement shall be entered into by the applicant and the Town
of Perinton prior to the recording of plats or, if no record plat
is required, prior to the issuance of the permit.
(3)Â
No waivers or mitigation plans will be considered for land disturbance
activities that disturb one acre or greater of land, do not discharge
to a 303(d) water body or are located in a total maximum daily load
(TMDL) watershed.
G.Â
General design and performance criteria for stormwater management. The applicant shall consult the Town of Perinton's Design Criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. 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. If there is a conflict between any of the standards, the more stringent standard shall apply. 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 this section and Subsection I of this section, and the SWPPP shall be prepared by a licensed/certified professional. The following design and performance criteria shall be addressed for stormwater management at all sites:
(1)Â
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)Â
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed,
the impact of the proposal on wetland functional values shall be assessed
using a method acceptable to the Town of Perinton. In no case shall
the impact on functional values be any greater than that allowed by
the Army Corp of Engineers (C.O.E) or the NYSDEC responsible for natural
resources.
(3)Â
An attempt shall be made to maintain annual groundwater recharge
rates by promoting infiltration through the use of structural and
nonstructural methods. At a minimum, an attempt shall be made for
annual recharge from the post-development site to mimic the annual
recharge from predevelopment site conditions.
(4)Â
In order to protect stream channels from degradation, a specific
channel protection criteria shall be provided as prescribed in the
Town of Perinton's Design Criteria and/or the New York State
Stormwater Management Design Manual.
(5)Â
Stormwater discharges to critical areas with sensitive resources
may be subject to additional performance criteria, or may need to
utilize or restrict certain stormwater management practices.
(6)Â
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots," may require the use of specific
structural stormwater treatment practices and pollution prevention
practices.
(7)Â
Prior to design, applicants are required to consult with the Town
of Perinton to determine if they are subject to additional stormwater
design requirements.
(8)Â
The calculations for determining peak flows (WQv, CPv, Qp and Qf)
as found in the New York State Stormwater Management Design Manual
shall be used for sizing all stormwater management practices. When
determining WQv, the run-off event number "p" shall be 1.0 inch based
on the recommendations of the Irondequoit Creek Watershed Collaborative.
H.Â
Stormwater pollution prevention plan requirements. A SWPPP is required
as part of the compliance with this section. This plan must be prepared
by a qualified professional and must indicate whether stormwater will
be managed on site or off site and, if on site, the general location
and type of practices and shall also include sufficient information
(e.g., maps, hydrologic calculations, etc.) to evaluate the environmental
characteristics of the project site, the potential impacts of all
proposed development of the site, both present and future, on the
water resources, and the effectiveness and acceptability of the measures
proposed for managing stormwater generated at the project site. The
plan must be signed by a New-York-State-licensed professional engineer
(PE), who will verify that the design of all stormwater management
practices meets the submittal requirements outlined in the New York
State Stormwater Management Design Manual. No building or grading
permit or site plan approval shall be issued until a satisfactory
stormwater pollution prevention plan, or a waiver thereof, has undergone
a review and been approved by the Town of Perinton after determining
that the plan or waiver is consistent with the requirements of this
section.
(1)Â
The applicant shall employ a responsible individual, as defined in § 119-5 of this chapter, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed following the guidelines and frequency identified in the most current version of NYSDEC SPDES General Permit for Stormwater Discharges from a Construction Activity. All inspection reports will be sent (faxed, mailed or e-mailed) to the Town of Perinton: Department of Public Works (attention: Town Engineer) within three days of the date of inspection.
(2)Â
All SWPPPs shall provide the following information:
(a)Â
All information listed in Subsection H of this section for construction site stormwater pollution prevention and erosion and sediment control;
(b)Â
Description of each postconstruction stormwater management practice;
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
The map(s) will also clearly show proposed land use with tabulation
of the percentage of surface area to be adapted to various uses. A
written description of the site plan and justification of proposed
changes in natural conditions may also be required;
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms
including calculations such as a description of the design storm frequency,
intensity and duration; time of concentration; soil curve numbers
or runoff coefficients; peak runoff rates and total runoff volumes
for each watershed area; infiltration rates, where applicable; culvert
capacities; flow velocities; data on the increase in rate and volume
of runoff for the design storms referenced in the New York State Stormwater
Management Design Manual, and documentation of sources for all computation
methods and field test results;
(e)Â
Comparison of-postdevelopment stormwater runoff conditions with
predevelopment conditions;
(f)Â
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice;
(g)Â
The design and planning of all stormwater management facilities
shall include detailed maintenance and repair procedures including
a schedule to ensure their continued function. These plans will identify
the parts or components of a stormwater management facility that need
to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness
of the maintenance program and the need for revisions or additional
maintenance procedures shall be included in the plan;
(h)Â
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by providing property dedication or securing all the access easements needed for private stormwater management facilities on a permanent basis. Any property dedications or easements will be recorded with the plan and will remain in effect even with transfer of title to the property (Refer to § 119-7J of this chapter for additional information.);
(i)Â
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this section (see Subsection J of this section for additional information);
(j)Â
The SWPPP shall be prepared by a qualified professional and
the final plan must be signed by a New-York-State-licensed professional
engineer, who shall certify that the design of all stormwater management
practices meets the requirements in this section;
(k)Â
A written or graphic inventory of the natural resources at the
site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to
the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands, and other native
vegetative areas on the site. Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development;
(l)Â
The Town of Perinton may also require a concept plan to consider
the maximum development potential of a site under existing zoning,
regardless of whether the applicant presently intends to develop the
site to its maximum potential;
(m)Â
The applicant must present a detailed plan for management of
vegetation at the site after construction is finished, including who
will be responsible for the maintenance of vegetation at the site
and what practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be prepared by a registered landscape
architect or by the soil and water conservation district and in compliance
with landscaping specifications outlined in the New York State Stormwater
Management Design Manual;
(n)Â
The applicant shall assure that all other applicable environmental
permits have been acquired for the site prior to approval of the final
stormwater design plan.
I.Â
Maintenance of stormwater management facilities (both public and
private).
(1)Â
Maintenance of a public stormwater management facility. The Town
of Perinton may accept ownership and maintenance responsibility of
any stormwater management facility as long as it provides stormwater
quantity and quality controls for multiple residential properties
and the facility meets all the requirements of this chapter and includes
sufficient area for inspection and regular maintenance as well as
property dedication.
(2)Â
Maintenance of a private stormwater management facility. The Town of Perinton will not accept dedication of any stormwater management facility that provides stormwater quantity and quality controls for commercial properties. These facilities will be privately owned, but must still meet the requirements of this chapter and include adequate area for maintenance as well as perpetual access to the Town of Perinton for inspection purposes. The Town of Perinton will require that owners of all private stormwater management facilities enter into a maintenance agreement with the Town in accordance with § 119-7I(3) through (7).
(3)Â
Access easement. For privately owned stormwater management facilities,
the applicant or owner of the site must execute an easement agreement
that shall be binding on all subsequent owners of land served by the
stormwater management facility. The agreement shall provide for access
to the facility at reasonable times for periodic inspection by the
Town of Perinton, or their contractor or agent, to ensure that the
facility is maintained in proper working condition to meet design
standards and any other provisions established by this section and,
if necessary, to implement emergency repairs to protect the health,
safety and welfare of the public. The easement dimensions shall be
as directed by the Town of Perinton and the easement agreement shall
be recorded in the office of the County Clerk, with a copy provided
to the Town of Perinton.
(4)Â
Maintenance after construction. The owner or operator of a private
and permanent stormwater management practices installed in accordance
with this section shall ensure they are operated and maintained to
achieve the goals of this section. Proper operation and maintenance
also includes, as a minimum, the following:
(a)Â
A preventive/corrective maintenance program for all critical
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 section.
(b)Â
Written procedures for operation and maintenance and training
new maintenance personnel.
(5)Â
Maintenance agreements.
(a)Â
The maintenance and proper operation of all privately owned
stormwater management facilities, including nonstructural practices,
shall be ensured through the creation of a formal and enforceable
maintenance agreement that is approved by the Town of Perinton. This
legal document must be recorded in the office of the County Clerk
as a deed restriction on the property prior to final plan approval.
This agreement will include any and all maintenance easements required
to access and inspect the stormwater management practices, and will
outline the procedures and schedule to be followed to perform routine
maintenance as necessary to ensure proper functioning of the stormwater
management practice. In addition, the legally binding agreement shall
identify the parties responsible for the proper maintenance of all
stormwater treatment practices and include plans for periodic inspections
by the owners, or their designated agent, to ensure proper performance
of the facility. The maintenance agreement shall be consistent with
the terms and conditions of the Stormwater Control Facility Maintenance
Agreement.
(6)Â
Requirements of maintenance agreements. All stormwater management
facilities must undergo, at the minimum, an annual inspection to document
maintenance and repair needs to ensure compliance with the requirements
of this section and accomplishment of its purposes. These needs may
include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation. Any maintenance needs
found must be identified in writing, along with the schedule and methods
to be employed to complete the maintenance. The maintenance repairs
and restoration schedule are to be approved by the Town of Perinton
prior to commencing the work and the Town of Perinton shall inspect
the facility upon completion of the work. The inspection and maintenance
requirement may be increased by the Town of Perinton as deemed necessary
to ensure proper functioning of the stormwater management facility.
(7)Â
Records of installation and maintenance activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least five years. These
records shall be made available to the Town of Perinton during inspection
of the facility and at other reasonable times upon request.
(8)Â
Maintenance guarantees for privately owned stormwater facilities.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the applicant or by a corporation
that owns or manages a commercial or industrial facility, the applicant,
prior to construction, may be required to provide the Town of Perinton
with an irrevocable letter of credit from an approved financial institution
or surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction,
and until the Town of Perinton acknowledges compliance with all details
of approved site plan. If the applicant or landowner fails to properly
operate and maintain stormwater management and erosion and sediment
control facilities, the Town of Perinton may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs, until the Town of Perinton acknowledges
compliance with all details of approved site plan.
J.Â
Inspection and right of entry.
(1)Â
The Town of Perinton or designated agent shall make inspections at
any reasonable time for purposes of inspecting the construction of
the stormwater management facilities. Inspections may include, but
are 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 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.
The applicant must notify the Town of Perinton in advance before the
commencement of construction. If any violations are found, the property
owner shall be notified of the nature of the violation and the required
corrective actions. No added work shall proceed until any violations
are corrected and all work previously completed has received approval
by the Town of Perinton.
(2)Â
Furthermore, when any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system or combined sewer, the
property owner shall grant to the Town of Perinton the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter a property
when it has a reasonable basis to believe that a violation of this
section is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this section.
K.Â
As-built plans and project closeout. All applicants are required
to submit actual 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 New-York-State-licensed professional
engineer. A final inspection by the Town of Perinton is required before
the release of any performance securities can occur.
L.Â
Landscape alterations. All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
as-built plans. Any postconstruction alterations to the landscape
shall receive prior approval from the Town of Perinton. Temporary
landscape alterations, such as those associated with utility excavations
and landscaping activities, must be restored to conditions that are
consistent with the certified as-built plans.
M.Â
Enforcement and penalties.
(1)Â
Failure to maintain practices. If a responsible party fails or refuses
to meet the requirements of the maintenance agreement, the Town of
Perinton, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition.
(a)Â
In the event that the stormwater management facility becomes
a danger to public safety or public health, the Town of Perinton shall
notify the party responsible for maintenance of the stormwater management
facility in writing. Upon receipt of that notice, the responsible
person shall have five days to effect maintenance and repair of the
facility in an approved manner. After proper notice, the Town of Perinton
may assess the owner(s) of the facility for the cost of repair work
and any penalties; and the cost of the work shall be a lien on the
property, or prorated against the beneficial users of the property,
and may be placed on the tax bill and collected as ordinary taxes
by the county.
(b)Â
In the event that the stormwater management facility becomes
an imminent danger to public safety or public health, the Town of
Perinton shall have the ability to enter the property to perform all
necessary work to place the facility in proper working condition.
The Town of Perinton may assess the owner(s) of the facility for the
cost of repair work and any penalties; and the cost of the work shall
be a lien on the property, or prorated against the beneficial users
of the property, and may be placed on the tax bill and collected as
ordinary taxes by the county.
(2)Â
Violations. Any development activity that is commenced or is conducted contrary to this section may be restrained by injunction or otherwise enforced in accordance with Chapter 115 of the Town of Perinton Code.
(3)Â
Notice of violation. When the Town of Perinton determines that an
activity is not being carried out in accordance with the requirements
of this section, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(a)Â
The name and address of the owner or applicant;
(b)Â
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
(c)Â
A statement specifying the nature of the violation;
(d)Â
A description of the remedial measures necessary to bring the
development activity into compliance with this section and a time
schedule for the completion of such remedial action;
(e)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;
(f)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 notice of violation.
(4)Â
Stop-work orders. Persons receiving a notice of violation will be
required to halt all construction and/or maintenance activities. This
stop-work order will be in effect until the Town of Perinton confirms
in writing that the activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this section.
(5)Â
Civil and criminal penalties. Violations of these provisions shall be enforced pursuant to Chapter 115, Enforcement Procedures, of the Town Code.
(6)Â
Holds on occupation permits. Occupation permits may not be granted
until corrections to all stormwater management practices have been
made and accepted by the Town of Perinton.
(7)Â
Letter of credit/financial security. The Town of Perinton may, at
its discretion, require the submittal of a performance letter of credit
or other financial security (cash: savings account or trust and agency
account) prior to approval in order to insure that the stormwater
practices are installed as required by the approved stormwater pollution
prevention plan. The amount of the letter of credit security shall
be the total estimated construction cost of the stormwater management
practices approved by the Town of Perinton, plus 25%. The letter of
credit security shall contain forfeiture provisions for failure to
complete work specified in the stormwater pollution prevention plan.
The letter of credit security shall be released in full only upon
submission of as-built plans and written certification by a New-York-State-licensed
professional engineer that the stormwater practice has been installed
in accordance with the approved plan and other applicable provisions
of this section. The Town of Perinton will make a final inspection
of the stormwater practice to ensure that it is in compliance with
the approved plan and the provisions of this section. Provisions for
a partial pro-rata release of the letter of credit security based
on the completion of various development stages can be done at the
discretion of the Town of Perinton.
A.Â
Purpose; intent. The purpose and intent of this section is to ensure
the health, safety and general welfare of citizens, and protect and
enhance the water quality of watercourses and water bodies in a manner
pursuant to and consistent with the Federal Clean Water Act (33 U.S.C.
§ 1251 et seq.) by:
B.Â
Applicability. This section shall apply to all water entering the
storm drain system generated on any developed and undeveloped lands
unless explicitly exempted by the Town of Perinton. The ordinance
also applies to stormwater entering the sanitary sewers.
C.Â
Responsibility for administration. The Town of Perinton shall administer,
implement and enforce the provisions of this section. Any powers granted
or duties imposed upon the Town of Perinton may be delegated in writing
by the Commissioner of Public Works to persons or entities acting
in the beneficial interest of or in the employ of the agency.
D.Â
Ultimate responsibility. The standards set forth herein and promulgated
pursuant to this section are minimum standards; therefore, this section
does not intend or imply that compliance by any person will ensure
that there will not be contamination, pollution nor unauthorized discharge
of pollutants.
E.Â
Powers and authority of inspectors. The Town of Perinton, bearing
proper credentials and identification, shall be permitted to enter
all properties for the purposes of inspection, records examination
and copying, observation, measurements, sampling, and testing pertinent
to discharge or potential to discharge, and for repair and maintenance
to the municipal storm sewer system.
(1)Â
Information and data on a nondomestic source obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction, unless the nondomestic source specifically
requests and is able to demonstrate to the satisfaction of the Town
of Perinton that the release of such information would divulge information,
processes or methods of production entitled to protection as confidential
information according to the criteria set forth in 40 CFR §§ 2.208
and 2.302, as may be amended from time to time.
(2)Â
When requested by the person furnishing a report, the portions of
a report which might disclose confidential information shall not be
made available for inspection by the public. Stormwater constituents
and characteristics will not be recognized as confidential information.
(3)Â
Information accepted by the Town of Perinton as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Clean Water Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Clean Water Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.
(4)Â
While performing the necessary work on private properties referred to in Subsection E(1), the Town of Perinton shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the authorized representative(s), and the Town of Perinton shall indemnify the company against loss or damage to its property by Town of Perinton employees and against liability claims and demands for personal injury or property damage asserted against the company by Town of Perinton employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(5)Â
Unreasonable delays in allowing the Town of Perinton access to the
premises or other interference with the activities of the Town of
Perinton shall be a violation of this section. Access to property
and/or records of a nondomestic source may not be refused on the basis
that the Town of Perinton refuses to sign any waiver, access agreement,
or similar document.
(6)Â
If the Town of Perinton has been refused access to a building, structure
or property or any part thereof, and if the Town of Perinton has demonstrated
probable cause to believe that there may be a violation of this section
or that there is a need to inspect as part of a routine inspection
program of the Town of Perinton to verify compliance with this section
or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, then the Town
of Perinton will make an application to a court of competent jurisdiction
for a search and/or seizure warrant describing therein the specific
location subject to the warrant. The warrant application shall specify
what, if anything, may be searched and/or seized on the property described.
If granted by the court, such warrant shall be served at reasonable
hours by the Town of Perinton in the company of a uniformed officer
of the law enforcement agency with jurisdiction over the property.
In the event of an emergency affecting public health and safety, inspections
may be made without the issuance of a warrant.
F.Â
Prohibition of illegal discharges.
(1)Â
No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in Subsection I, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
(2)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.
(3)Â
Prohibition exceptions. The commencement, conduct or continuance
of any illegal discharge to the storm drain system is prohibited except
as described as follows:
(a)Â
The following discharges are exempt from discharge prohibitions
established by this section: water line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising groundwater, groundwater infiltration to storm drains,
uncontaminated and non-sediment-laden pumped groundwater, foundation
or footing drains (not including active groundwater dewatering systems),
crawl space pumps, air-conditioning condensation, springs, noncommercial
washing of vehicles, natural riparian habitat or wetland flows, swimming
pools (if dechlorinated, typically less than one PPM chlorine), fire-fighting
activities and any other water source not containing pollutants. Regardless
of exemption, best management practices should be implemented to reduce
impacts from the above activities.
(b)Â
Discharges specified in writing by the Town of Perinton as being
necessary to protect public health and safety.
(c)Â
Dye testing is an allowable discharge, but requires a verbal
notification to the Town of Perinton prior to the time of the test.
(d)Â
The prohibition shall not apply to any nonstormwater discharge
permitted under SPDES permit, waiver or waste discharge order issued
to the discharger and administered under the authority of the New
York State Department of Environmental Conservation, 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 storm drain system by the Town of Perinton.
G.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system 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.
(3)Â
A person is considered to be in violation of this section if the
person connects a pipe or line conveying sewage to the municipal separate
storm sewer system (MS4) or allows such a connection to continue.
H.Â
Waste disposal prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left, or maintained,
in or upon any public or private property, driveway, parking area,
street, alley, sidewalk, component of the storm drainage system, or
water of the U.S., any refuse, rubbish, yard/lawn waste, garbage,
litter, or other discarded or abandoned objects, articles, and accumulations,
so that the same may cause or contribute to pollution. Wastes deposited
in streets in proper waste receptacles for the purposes of collection
are exempted from this prohibition.
I.Â
Prohibition against failing private sewage disposal systems. No person
shall construct or maintain any cesspool, sewage disposal system,
pipe or drain so as to expose or discharge the sewage contents or
other deleterious liquids or matter therefrom to the atmosphere or
on the ground surface or into any storm sewer or drain or as to endanger
any watercourse or body of water unless a permit for such discharge
shall have been issued therefore by the Monroe County Department of
Health or by the State Department of Health or the State Department
of Environmental Conservation, and such discharge shall be made in
accordance with the requirements thereof. Owners or operators of private
sewage disposal systems shall operate, maintain and inspect such systems
in accordance with the Monroe Sanitary Code.
J.Â
Prohibition of stormwater discharge to sanitary sewer. Stormwater
shall not be discharged into the sanitary sewer without written permission
to do so from the Town of Perinton.
K.Â
Suspension due to illicit discharges in emergency situations. The
Town of Perinton may, without prior notice, suspend discharge access
into the MS4 to a person when such a suspension is necessary to stop
an actual or threatened discharge which presents or may present imminent
and substantial danger to the environment; to the health or welfare
of persons; to the storm drainage system, including but not limited
to pipes, manholes, outfall structures and storm laterals; or the
waters of the United States. If the violator fails to comply with
a suspension order, the Town of Perinton may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
United States or to minimize danger to persons.
L.Â
Suspension due to the detection of illicit discharge.
(1)Â
Any person discharging to the MS4 in violation of this section may
have his or her MS4 access suspended or terminated if such action
would abate or reduce an illicit discharge. The Town of Perinton will
notify a violator of the proposed suspension or termination of its
MS4 access. The violator may petition the Town of Perinton to reconsider
the suspension or termination of MS4 access by requesting a hearing.
(2)Â
It shall be unlawful for any person to reinstate MS4 access to premises
suspended or terminated pursuant to this section without the prior
approval of the Town of Perinton.
M.Â
Industrial or construction activity discharges. 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 may be required in a form acceptable to the Town
of Perinton prior to discharge or as a condition of a subdivision
map, site plan, building permit, or development or improvement plan;
upon inspection of the facility; during any enforcement proceeding
or action; or for any other reasonable cause.
N.Â
Monitoring of discharges.
(1)Â
Applicability. This section applies to all facilities that the Town
of Perinton must inspect to enforce any provision of this section,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this section.
(2)Â
Access to facilities.
(a)Â
The Town of Perinton shall be permitted to enter and inspect,
at any time, facilities subject to regulation under this section as
often as may be necessary to determine compliance with this section.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Town of Perinton.
(b)Â
Facility operators shall allow the Town of Perinton ready access
to all parts of the premises for the purpose of inspection, sampling
and examination of the private storm drainage system. Persons or facility
operators must supply copies, if requested by Town of Perinton, of
all records kept under the conditions of the SPDES stormwater discharge
permit. Persons or facility operators must also identify the performance
of any additional duties as defined by state and federal law.
(c)Â
The Town of Perinton shall have the right to place or position
on any permitted facility such devices as are necessary in the opinion
of the Town of Perinton to conduct monitoring and/or sampling of the
facility's discharge to the storm sewer system.
(d)Â
The Town of Perinton has the right to require the discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated as necessary and recommended by the manufacturer
to ensure their accuracy.
(e)Â
Any temporary or permanent obstruction to the facility which
allows for unsafe access or difficulty in monitoring, inspecting or
sampling of the storm drainage system shall be promptly removed by
the discharger at the written or verbal request of the Town of Perinton
and shall not be replaced. All costs associated with clearing such
access restrictions shall be borne by the discharger in full.
(f)Â
Unreasonable delays, as determined by the Town of Perinton,
in allowing the Town of Perinton access to a facility, which is permitted
under the New York State Department of Environmental Conservation
SPDES Program for the purposes of conducting any activity authorized
or required by the permit, is considered a violation of said program
and of this section.
(g)Â
If the Town of Perinton has been refused access to any part
of the premises from which a discharge or conveyance to the storm
sewer system exists, and the Town of Perinton is able to demonstrate
probable cause to believe that there may be a violation of this section,
or that there is a need to further inspect and/or sample the private
stormwater system to verify compliance with this section or any order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the Town of Perinton may seek issuance
of a search warrant from any court of competent jurisdiction.
O.Â
Requirement to prevent, control and reduce stormwater pollutants
by the use of best management practices.
(1)Â
Best management practices. The Town of Perinton will adopt requirements
identifying best management practices (BMPs) for any activity, operation
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drain system or waters of the United States.
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 municipal storm drain system or watercourses through the use of
structural and nonstructural BMPs. Further, any person responsible
for a property or premises which is, or may be, the source of an illicit
discharge may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further
discharge of pollutants to the municipal separate storm sewer system.
Compliance with all terms and conditions of a valid SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to
the maximum extent practicable, shall be deemed compliant with the
provisions of this section. Appropriately designed structural/nonstructural
BMPs shall be included as part of a stormwater pollution prevention
plan (SWPPP) as necessary for compliance with requirements of the
SPDES permit.
(2)Â
Private sewage disposal systems. Where individual sewage treatment systems are contributing to the Town of Perinton being subject to the special conditions, as defined in § 119-5 of this chapter, the owner or operator of such individual sewage treatment system shall be required to maintain and operate the system as follows:
P.Â
Watercourse protection.
(1)Â
No person shall alter a stormwater conveyance system on private or
publicly owned land such that it alters the stormwater conveyance
system from its intended use.
(2)Â
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property in a manner which prevents illicit
discharges, and keeps the watercourse free of trash, debris, yard/lawn
waste, excessive vegetation and other obstacles that would pollute,
contaminate or significantly retard the flow of water through the
watercourse. In addition; the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function
or physical integrity of the watercourse.
Q.Â
Notification of spills. Notwithstanding other requirements of law,
as soon as any person responsible for a facility or operation or responsible
for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting
or may result in the illegal discharges of pollutants into stormwater,
the public or private storm drain system or waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of any such release. In the event a release
of hazardous materials occurs, said person shall immediately notify
911, the NYSDEC Region 8 Spill Response Team and/or call the NYS Spill
Hotline at 1-800-457-7362 within the time frame established by law,
as well as notify the Town of Perinton of the occurrence. In the event
of a release of nonhazardous materials, said person shall notify the
Town of Perinton in person or by phone or facsimile no later than
the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Town of Perinton
at 1350 Turk Hill Road, Fairport, NY 14450, postmarked within three
business days of the date of the in-person or phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also
retain as on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for
at least five years.
A.Â
After the approval of the application and before the issuance of
any permit, the applicant and each owner of record of the premises
other than the applicant shall jointly make, execute and file with
the Town Clerk a letter of credit or other financial security (cash:
savings account or trust and agency account) to cover the cost and
maintenance of such improvements, together with security acceptable
to the Town Board. At the option of the applicant, the security may
be separate or combined with the general security required for developmental
work on the site. The Town Planning Board may grant a waiver of such
security if it deems the proposed activities to be of minor scope
and to the consistent with the provisions of this chapter.
B.Â
The party or parties filing the security guarantee that either upon
termination of the permit or the operation, whichever may come first,
the project shall be in conformity with both the approved specific
requirements of the permit and the provisions of this chapter. In
the event of default of such or violation of this chapter, such credit
shall be forfeited to the Town. The Town shall return to the applicant
any amount that is not needed to cover the costs of restoration, maintenance,
administration and any other expenses incurred by the Town as a result
of the applicant's default. Such credit shall continue in full
force and effect until a certificate of compliance shall have been
issued by the Commissioner of Public Works after such consultation
with any agencies or individuals as he deems necessary to ensure that
all provisions of this chapter and of the permit have been met.
No developmental work on the site may commence until the following
is satisfied:
A.Â
The sequence of site preparation has been followed and the phase
permitting development has been reached.
B.Â
A certificate of compliance has been issued verifying that the work
and sequence has been performed in accordance with the approved sediment
control plan and in conformity with this chapter.
Any person found guilty of a violation of the provisions of this chapter shall be punishable pursuant to Chapter 115, Enforcement Procedures.
All existing obstructions, dams, diversions, deposits of debris,
including vegetation, soil or other solid material, as well as erosion,
or other diversions that impact the natural flow of water or the intensity
or quantity of flow through, across or to any stream, ditch, culvert,
watercourse or other drainage system which will, in the opinion of
the Commissioner of Public Works, constitute an undue burden upon
the drainage system must be removed or corrected within 30 days after
written notice from the Commissioner of Public Works. The Commissioner
of Public Works will render an opinion based on a present or future
(as reasonably foreseeable) hazard to the safety and general welfare
of the residents of the Town, the environment or any property. In
the case of wild growth of natural vegetation or brush, the Commissioner
of Public Works will evaluate and render an opinion as to whether
the obstruction may cause flooding, inundation or diversion of water
upon other premises or properties. Work associated with the removal
or correction of an existing watercourse condition must be completed
in a manner that will not cause a violation of NYSDEC water quality
standards. Compliance with this section does not relieve the applicant
of the obligation and responsibility to obtain permit coverage from
either the NYSDEC or USACOE, if necessary for work within a bed or
bank of a stream or watercourse.
