A.
Development of real property and associated increases in site impervious
surfaces often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat. Improper clearing of vegetation and burial of
vegetative and other wastes can result in unstable soil conditions
and the production of noxious gases through decomposition of said
wastes.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation.
E.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
F.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development activities.
G.
The regulation of stormwater runoff discharges from real property
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
H.
Regulation of development activities by means of performance standards
governing stormwater management and site design will produce development
compatible with the natural functions of a particular site or an entire
watershed and thereby mitigate the adverse effects of erosion and
sedimentation from development.
The purpose of this article is to establish minimum stormwater
management requirements and controls to protect and safeguard the
general health, safety, and welfare of the public residing within
this jurisdiction and to address the findings of fact above. This
article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 (Construction runoff)
and 5 (Post-construction maintenance) of the SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B.
Require work on real property to conform to the substantive requirements
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-02-01, or as amended or revised;
C.
Minimize increases in stormwater runoff from activities on real property
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize or decrease pollution caused by stormwater runoff from activities
on real property which would otherwise degrade local water quality;
E.
Minimize or decrease the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable;
F.
Reduce or decrease stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety. Specific
consideration of stormwater runoff shall be provided to critical watersheds;
and
G.
Eliminate unstable soil conditions and the production of noxious
gases which result from improper stormwater practices, improper grading
practices, improper clearing of vegetation and the burial of vegetative
and other wastes.
The terms used in this article or in documents prepared or reviewed under this article shall have the meanings as set forth in this section. If a term is not defined in this section, then the definition provided in Article I or Article XVI of this chapter shall apply. Any conflict between a definition provided in Article I or Article XVI and this article shall be resolved in favor of the definition provided below.
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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as
amended. This manual serves as the official guide for stormwater management
principles, methods and practices.
The New York Standards and Specifications for Erosion and
Sediment Control Manual, as amended. This is commonly known as the
"Blue Book."
The use of vegetation, soils and other natural elements and
practices to manage stormwater.
Surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
An activity, including clearing, grading, excavating, soil
disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or an activity disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules. The legal or beneficial owner of land, including those
holding the right to purchase or lease the land, or any other person
holding proprietary rights in the land.
A document which provides for long-term maintenance of stormwater
management practices. It is anticipated this document will be recorded
in the Albany County Clerk's office and will act as a property
deed restriction or encumbrance.
Pollution from any source other than from any discernible,
confined, and discrete conveyances and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Any construction or development activity upon real property.
The replenishment of underground water reserves.
Measures that prevent sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
See "stormwater management practices."
The New York State Pollutant Discharge Elimination System.
An SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
An SPDES permit issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The Zoning Officer of the City of Cohoes as designated in
this chapter shall act as the Stormwater Management Officer, and as
such, and together with the City Engineer and Code Enforcement Officer,
shall accept and review stormwater pollution prevention plans, forward
the plans to the applicable department, inspect stormwater management
practices, and enforce this article.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
See "stormwater pollution prevention plan."
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
This article shall be applicable to all real property within the
City of Cohoes.
B.
All land development activities subject to subdivision and/or site
plan review and approval under this chapter shall be reviewed subject
to the standards contained in this article. In this instance, the
SWPPP shall be submitted along with the subdivision and/or site plan
application.
C.
All land development activities not subject to subdivision and/or
site plan review shall be required to submit a SWPPP to the Stormwater
Management Officer who shall review the SWPPP for compliance with
the requirements of this article. Regardless of the size of the land
development activity at a minimum an erosion and sediment control
plan must be filed (and approved), if fill is deposited within 100
feet of a stream, surface water or wetland. A plan is also needed
if fill is going to be deposited on a slope of 15° or more; or
if filling in excess of 30 cubic yards at any one time on a parcel.
The following activities are exempt from the permit requirements
under this article. However, even those projects which are exempt
from the permit requirements must meet the standards set forth in
this article.
A.
Agricultural activity as defined in this article.
B.
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 stormwater management facility.
C.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
D.
Cemetery graves.
E.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
F.
Emergency activities immediately necessary to protect life, property
or natural resources.
G.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
H.
Landscaping and horticultural activities in connection with an existing
structure that does not change the drainage patterns.
I.
Creation or restoration of wetlands pursuant to a state or federal
wetlands permit.
A.
No approval of a land development activity shall be issued until
a stormwater pollution prevention plan (SWPPP) has been accepted in
accordance with the specifications in this article.
B.
All SWPPPs shall, at a minimum, have a sediment and erosion control
plan which shall provide the following background information and
erosion and sediment controls. Development within impaired watersheds
or where a five-acre variance request is submitted to DEC may require
additional data.
(1)
Background information about the scope of the project, including
location, type and size of project, and preconstruction photographs
of the site and immediate downstream conditions (digital preferred).
(2)
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale no smaller
than one inch equals 100 feet (e.g., one inch equals 500 feet is smaller
than one inch equals 100 feet). At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s).
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
DEC variance approval.
(5)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials expected to
be stored on site with updates as appropriate, and a description of
controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
(7)
Information regarding the location of disposal of any material
to be removed from the site. Off-site disposal areas may not be within
regulated wetlands, buffer zones, protected watercourse areas, or
other environmentally sensitive areas unless applicable permits are
obtained. The proposed method of any on-site processing and reuse
of organic materials shall be specified and may require certification
by a New York State registered professional engineer or landscape
architect as a safe and effective means of disposal.
(8)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out.
(9)
A site map/construction drawing specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(10)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(11)
Temporary practices that will be converted to permanent control
measures.
(12)
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.
(13)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(14)
Name(s) of the receiving water(s).
(15)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(16)
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.
(17)
Any existing data that describes the stormwater runoff at the
site.
(18)
A slope stability analysis, if requested by the City Engineer,
where grading is proposed on steep or slippage-prone slopes.
(19)
A stormwater management report in accordance with the "Standard
Format for Stormwater Management Plans and Reports" which is available
at the office of the Stormwater Management Officer.
(20)
A stormwater maintenance escrow agreement if the stormwater
facilities are being conveyed to the City once they are installed
and approved, or a stormwater control facility maintenance agreement
if the stormwater facilities will remain privately owned. Either of
these agreements can be obtained from the Stormwater Management Officer.
C.
In addition to the SWPPP described above, land development activities
meeting any of the three conditions below shall also be required to
provide a report as to water quantity and water quality controls (post-construction
stormwater runoff controls):
(1)
Stormwater runoff from project activity disturbing between one
and five acres of land during the course of the project, exclusive
of the construction of single-family residences and construction activities
at agricultural properties; or
(2)
Stormwater runoff from land development activities disturbing
five or more acres; or
(3)
Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department'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.
D.
The additional report to be provided for post-construction stormwater
controls shall include:
(1)
Description of each post-construction stormwater management
practice.
(2)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(3)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(4)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions.
(5)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(6)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(7)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(8)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with this article.
E.
If the land development activity meets either of the conditions described in Subsection C(2) or (3) of this section (activity disturbs five acres or more, or runoff discharges a pollutant of concern to either an impaired water or a TMDL designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist, or professional engineer, and must be signed by the professional preparing the plan who shall certify that the design of all stormwater management practices meet the requirements in this article.
F.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
G.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP
for the land development activity.
(4)
A copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
Every soil disturbance shall meet the criteria set forth in
the New York Standards for Erosion and Sediment Control (also known
as the "Blue Book"). Also, all land development activities shall be
subject to all of the following performance and design criteria:
A.
Technical standards. For the purpose of this article, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this article:
(1)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the Erosion Control Manual or the Blue Book);
(2)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual");
(3)
The City of Cohoes Standard Format for Stormwater Management
Plans and Reports.
[Note: The New York State technical guidance documents may be
ordered from DEC. An order form as well as downloadable versions of
the Manuals are available at http://www.dec.state.ny.us.]
|
B.
Equivalence to technical standards. Where stormwater management practices
are not in accordance with technical standards, the applicant or developer
must demonstrate equivalence to the technical standards set forth
in the Design Manual and the SWPPP shall be prepared by a landscape
architect, certified professional in erosion and sediment control
(CPESC), soil scientist or professional engineer.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
D.
Permitting process; additional standards.
(1)
Applications shall be made on forms prescribed by the City therefor,
which shall be accompanied by the required fee, if any, established
by the Board of Managers.
(2)
The Stormwater Management Officer shall review the application
and act to approve, approve with modification, or deny the requested
SWPPP.
(3)
In the event that the submittal is denied, the applicant may
have the decision reviewed by the Zoning Board of Appeals.
(4)
The smallest practical area of land shall be exposed at any
one time during the project.
(5)
When land is exposed during development, the exposure shall
be kept to the shortest practical period of time.
(6)
To protect areas in excess of one acre exposed for a period
over two weeks during development, the following controls shall be
applied:
(a)
Temporary vegetation, mulch, geotextiles, and/or emulsion shall
be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment.
(b)
On areas that will be exposed for short periods of time (daily),
where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO.
(c)
On areas such as temporary roadways, when dry conditions prevail,
the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7)
Sediment basins, debris basins, silting basins, silt fencing,
or silt traps shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(8)
Permanent final vegetation and structures shall be installed
as soon as practical in the development.
(9)
The development plan should be fitted to the type of topography
and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should be retained and
protected.
(11)
In areas of proposed fill, all existing vegetation and other
organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate
off-site facility, or processed for reuse on site in a manner that
will not be conducive to adverse effects of decomposition, such as
the production of odors or of concentrations of noxious or explosive
gases, or the creation of unstable subsurface conditions. The proposed
method of on-site processing and reuse shall be specified in the permit
application and may require certification by a licensed professional
engineer as a safe and effective means of disposal.
(12)
No vegetation or other waste materials shall be buried on the
site.
(13)
All fill placed on the site shall be as free of organic material
as is practicable.
E.
Deposit, performance of site work; inspection.
(1)
To ensure that the site work is performed in accordance with
the controls of this article, before obtaining approval the applicant
shall deposit with the Treasurer of the City of Cohoes a cash escrow
as set forth in the fee schedule promulgated by the Board of Managers
by resolution.
(2)
Said site work shall be performed and completed in accordance
with the approved plan and schedule of vegetation removal and disposal,
grading, construction operation and erosion control methods on file
with the Stormwater Management Officer at the time of issuance of
the approval.
(3)
Upon completion of the site work set forth in the plan, the applicant will request the City Engineer or his designee to inspect the work; upon approval of the site work, the Engineer will direct the Treasurer to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4)
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the City of Cohoes and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Treasurer pursuant to Subsection E(1) above, and the Treasurer shall be authorized to pay any charge or charges approved by the City Engineer without further approval of the applicant. If the City should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Treasurer after completion of said site work shall be returned to the applicant.
A.
Maintenance and inspection during construction.
(1)
The City Engineer or his designee shall have the power to make
necessary inspections. The Engineer may employ, at his discretion,
a construction inspector to act as its agent for the purpose of assuring
satisfactory completion of permit requirements. The inspection provided
may include, but not necessarily be limited to, all grading, drainage,
stormwater management systems and erosion control measures, and may
include soil testing as necessary to determine compliance with the
provisions of this article and the conditions of the approval.
(2)
The City Engineer will determine an amount sufficient to defray
the costs of such inspection. The applicant shall deposit said amount
of moneys with the Treasurer in an escrow account prior to the issuance
of the approval. The City Engineer shall be authorized to pay the
costs of inspection by its construction inspector from the moneys
on deposit in said account and shall return to the applicant any such
moneys, including interest, on balance in the account at the time
of completion of the permitted site work, provided that all inspection
costs have been paid. If the moneys on deposit prove to be insufficient
for the costs of required inspections, the City Engineer shall require
that the applicant deposit additional moneys in an amount sufficient
to satisfy the costs of such additional inspections as may be required.
If applicant fails to deposit additional moneys in a timely manner,
any costs incurred by the City shall be charged to the applicant.
(3)
The applicant or developer of the land development activity
or his or her representative shall at all times properly operate and
maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(4)
For land development activities meeting any of the conditions set forth in § 285-141C (project activity of between one and five acres of land during course of job, exclusive of single-family residences and construction activities at agricultural properties, or stormwater runoff from land development activities disturbing five or more acres, or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL designated watershed), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
Maintenance easement. Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the City of
Cohoes to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded in the office of the
Albany County Clerk after approval by the Corporation Counsel.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes
as a minimum, the following:
(1)
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 article.
(2)
Written procedures for operation and maintenance and training
new maintenance personnel.
D.
Maintenance agreements. The City of Cohoes shall promulgate a formal
maintenance agreement for stormwater management facilities which are
going to be privately owned after construction. The agreement shall
be binding on all subsequent landowners and recorded in the office
of the Albany County Clerk as a deed restriction on the property prior
to final plan approval. The standard maintenance agreement shall be
on file in the office of the Stormwater Management Officer. The City
of Cohoes Common Council, in lieu of a maintenance agreement, at its
sole discretion may accept dedication of any existing or future stormwater
management facility, provided that such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
A.
Inspection.
(1)
In addition to the DEC inspections required to be performed by the
applicant, the City of Cohoes Stormwater Management Officer, or her
designee, may require such inspections as necessary to determine compliance
with this article and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply
with the requirements of this article and the stormwater pollution
prevention plan (SWPPP) as approved. In addition, a preconstruction
meeting is necessary and shall be held as directed by the Stormwater
Management Officer. To obtain inspections, the applicant shall notify
the City Engineer at least 48 hours before any of the following, as
required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
B.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
C.
Submission of reports and record plans. The City of Cohoes Stormwater
Management Officer may require monitoring and reporting from entities
subject to this article as are necessary to determine compliance with
this article. All applicants are required to submit record 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 licensed
professional.
D.
Right-of-entry for inspection. When any new stormwater management
facility is installed on private property or when any new connection
is made between private property and the public stormwater system,
the landowner shall grant to the City of Cohoes the right, and it
shall be the right of the Stormwater Management Officer or her designee,
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
E.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the City of Cohoes in
its approval of the stormwater pollution prevention plan, the City
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow, or irrevocable letter of credit from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the City of Cohoes as the beneficiary.
The security shall be in an amount to be determined by the City based
on submission of final design plans, with reference to actual construction
and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the City of Cohoes,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the City. Per annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
F.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the City of Cohoes 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 facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Cohoes may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
G.
Recordkeeping. The City of Cohoes may require entities subject to
this article to maintain records demonstrating compliance with this
portion of the City Code. Upon request, such records shall be made
available to the Stormwater Management Officer for inspection or copying.
H.
Notice of violation.
(1)
When the City of Cohoes determines that a project is not being
carried out in accordance with the requirements of this article, it
may issue a written notice of violation to the landowner. The notice
of violation shall contain:
(a)
The name and address of the landowner, developer, and/or applicant.
(b)
The address when available or a description of the building,
structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary to bring the
project into compliance with this article and a time schedule for
the completion of such remedial action.
(e)
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)
A statement that the determination of violation may be appealed
to the City Zoning Board of Appeals by filing a written notice of
appeal within 10 days of service of notice of violation by personal
delivery or by certified mail to the last known address of the landowner,
developer, and/or applicant.
(2)
If it is certified by the Stormwater Management Officer that
a bona fide emergency exists, the City shall have the right to cause
any necessary remediation or repairs to be made to protect the public
interests, and the costs assessed to the landowner, developer, and/or
applicant pursuant to this article, upon notice and an opportunity
to be heard. Where access to the property is denied by the landowner,
a warrant shall be obtained from a court of competent jurisdiction.
I.
Stop-work orders. The City of Cohoes may issue a stop-work order
for violations of this article. Persons receiving a stop-work order
shall be required to halt all work of any nature on the site, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the City of Cohoes
confirms that the project is in compliance and the violation has been
satisfactorily addressed. Failure to address a stop-work order in
a timely manner may result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this article
or otherwise pursuant to law.
J.
Violations. Any land development activity that is commenced or is
conducted contrary to this article, may be restrained by injunction
or otherwise abated in a manner provided by law.
K.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$250 or imprisonment for a period not to exceed 15 days, or both,
for a first offense; upon a conviction of a second or subsequent violation
of this article within five years, a person shall be guilty of a misdemeanor
punishable by a fine not less than $350 nor more than $5,000 or imprisonment
for a period not to exceed six months, or both. Each five-day period
of a continued violation shall constitute a separate violation and
may be charged as such.
L.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
article, the Stormwater Management Officer may prevent the occupancy
of said building or land.
M.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Cohoes
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The City of Cohoes may require any person undertaking activities
regulated by this article to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections, or SMP maintenance performed by
City personnel or performed by a third party for the City of Cohoes.