[HISTORY: Adopted by the Board of Trustees
of the Village of Pelham 1-8-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Stormwater Management and Erosion and Sediment Control Local
Law of the Village of Pelham."
The Village of Pelham finds that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitats
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 habitats;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff and thus
increase streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil and in that way decrease groundwater recharge and stream
base flow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the Village;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 83-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the State Pollutant Discharge Elimination System (SPDES) General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
Require land development activities 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 land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities that would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
that flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution wherever possible through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
A.
All land development activities, including but not
limited to land development activities subject to review and approval
by the Planning Board, shall be reviewed subject to the standards
contained in this chapter.
C.
The Stormwater Management Officer shall be the approving authority for all stormwater pollution prevention plans except when the plan is for a property that is also the subject of a pending site plan. The Board of Trustees shall be the approving authority for any application for a property that pursuant to Chapter 79 is the subject of site plan review and approval.
For the purposes of this chapter, the following
activities are exempt from review under this chapter:
A.
Routine maintenance activities to an existing stormwater
management facility that disturb less than 2,000 square feet and are
performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
B.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
C.
Any part of a subdivision if a plat for the subdivision
was approved by the Village on or before the effective date of this
chapter.
D.
Land development activities for which a building permit
was approved on or before the effective date of this chapter.
E.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
F.
Emergency activity immediately necessary to protect
life, property or natural resources, as determined by the Village
Building Inspector.
G.
Activities of an individual engaging in home gardening,
such as 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.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings set
forth in this section.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, 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 that regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of 2,000 square feet or more or that creates more than 1,000 square
feet of new impervious area.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and provides for long-term maintenance of stormwater management
practices.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to pollutants from agriculture, 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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
A order issued which requires that all construction activity
on a site to be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxic materials 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 in order to control stormwater runoff.
The Building Inspector or his representative as designated
by the Mayor and the Village Board of Trustees to accept and review
stormwater pollution prevention plans to determine whether the plans
comply with all applicable law, to approve plans or forward the plans
to the appropriate Village boards, and conduct inspections to ensure
that stormwater pollution prevention plans are followed.
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 that
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.
A permanent or intermittent stream or other body of water,
either natural or fabricated, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
No application for approval of a land development
activity shall be reviewed until the appropriate approving authority
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications of this chapter.
A.
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of the project;
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area, all improvements, areas of disturbance,
areas that will not be disturbed, existing vegetation, on-site and
adjacent off-site surface water(s), wetlands and drainage patterns
that could be affected by the construction activity, existing and
final slopes, locations of off-site material, waste, borrow or equipment
storage areas, and the location(s) of stormwater discharges(s). The
site map should be at a scale no smaller than one inch equals 100
feet;
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance;
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater and
spill prevention and response;
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project closeout;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
measure;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary measures that will be converted to permanent
control measures;
(11)
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
Description of structural practices designed to divert
flows from exposed soils, store flows, or otherwise limit runoff and
the discharge of pollutants from exposed areas of the site to the
degree attainable;
(16)
Any existing data that describes the stormwater runoff
at the site; and
(17)
An acknowledgement by the landowner granting the Village
of Pelham and other agencies having jurisdiction the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
B.
In addition to the information requirements of § 83-8A, SWPPPs for land development activities that disturb 2,000 square feet or more or that create more than 1,000 square feet of new impervious area, whether or not those land developments activities involve discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or to a total maximum daily load (TDML) designated watershed for which pollutants in stormwater have been identified as a source of the impairment, must provide the following quantity and/or quality controls (post-stormwater construction controls):
(1)
Description of each postconstruction stormwater management
practice;
(2)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction 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 postdevelopment stormwater runoff conditions
with predevelopment conditions;
(5)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(6)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction 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 run with
the land, remaining in effect with transfer of title to the property.
The SWPPP shall be prepared by a licensed landscape
architect or certified professional in erosion and sedimentation control
or in stormwater quality or professional engineer or other professional
deemed qualified by the Department and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this chapter.
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.
A.
Each contractor and subcontractor identified in the
SWPPP and/or successor or substituted contractor or subcontractor
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."
B.
The certification must include the name and title
of the person providing the signature, the address and telephone number
of the contracting firm, the address (or other identifying description)
of the site and the date the certification is made.
C.
The certification statement(s) shall become part of
the SWPPP for the land development activity.
A copy of the approved 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.
A.
For the purpose of this chapter, 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 chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual");
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, or most current version or its successor, hereafter
referred to as the "Erosion Control Manual").
B.
Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
A.
The applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%, and placed in an acceptable location and properly
stabilized.
B.
The applicant or developer or their representatives
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. Inspections shall be conducted
and reports of those inspections shall be completed by a professional
engineer or certified professional in erosion and sediment control
or in stormwater quality or other professional deemed qualified by
the Department every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer and copies shall be
maintained in a site logbook.
C.
The owner or operator of permanent stormwater management
practices installed in accordance with this chapter shall operate
and maintain the practices to achieve the goals of this chapter. Proper
operation and maintenance includes, at a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) that are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
A.
The Stormwater Management Officer may require such
inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this chapter and the stormwater pollution prevention plan (SWPPP)
as approved.
(1)
To obtain inspections, the applicant shall notify
the Stormwater Management Officer 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)
Installation of constructed stormwater improvements;
(d)
Completion of final grading;
(e)
Interruption of construction for more than 30
consecutive days;
(f)
Completion of final landscaping;
(g)
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 required
corrective actions. No further work shall be conducted except for
site stabilization until violations are corrected and all work previously
completed has received approval by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a licensed professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
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
that 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.
D.
Submission of reports. The Stormwater Management Officer
shall require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
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 Stormwater Management Officer shall have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
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 Village
of Pelham in its approval of a stormwater pollution prevention plan,
the Village may require the applicant or developer to provide, prior
to construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the Village
of Pelham as the beneficiary. The security shall be in an amount to
be determined by the Village based on submission of final design plans,
with reference to actual construction and landscaping costs. The performance
guarantee shall remain in force until the surety is released from
liability by the Village, provided that such period shall not be less
than one year from the date of final acceptance or such other certification
that the facility or facilities have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facility or facilities have been found
to be acceptable to the Village of Pelham. Per-annum interest, if
any, on cash escrow deposits shall be reinvested in the account until
the surety is released from liability.
B.
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 Village of Pelham 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 Village, upon written
notice to the developer or landowner, may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
C.
Recordkeeping. Entities subject to this chapter shall
maintain records demonstrating compliance with this chapter.
A.
Notice of violation. When the Village of Pelham determines
that a land development activity is violating the requirements of
this chapter, it may issue a written notice of violation to the landowner.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a deadline for their completion;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6)
A statement that the determination of violation may
be appealed to the Village Board of Trustees by filing a written notice
of appeal within 15 days of service of notice of violation.
B.
Stop-work orders. The Village may issue a stop-work
order for violations of this chapter. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Stormwater
Management Officer confirms that the land development activity is
in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this chapter.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both for conviction for a first offense; for conviction
for a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both; and upon conviction for a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine not less than $700 nor more than $1,000 or imprisonment for
a period not to exceed six months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter shall be deemed misdemeanors and, for such
purpose only, all provisions of law relating to misdemeanors shall
apply to such violations. Each week's continued violation shall constitute
a separate additional violation.
E.
Withholding a certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prohibit the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
of Pelham may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
In accordance with Chapter 70, the Village of Pelham may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village or performed by a third party for the Village.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
