Article I Stormwater Management and Erosion and Sediment Control in Areas Outside the Regulated MS4 Overlay District
[Adopted 11-28-2001 by L.L. No. 9-2001]
This article shall known as the "Stormwater Management and Erosion Control Law" of the Town of Eden.
The Town of Eden (herein after referred to as the "the Town") finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety and welfare of the community. Specifically:
Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality;
The increase of nutrients in stormwater runoff such as phosphorus and nitrogen accelerates eutrophication of receiving waters;
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation;
Construction requiring land clearing and the alteration of natural topography tends to increase erosion;
Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation, and harms flora and fauna;
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life;
Substantial economic losses can result from these adverse impacts on community waters;
Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices.
In order to protect, maintain and enhance both the immediate and the long-term health, safety and general welfare of the citizens of the Town, this article has the following objectives:
Prevent increases in the magnitude and frequency of stormwater runoff so as to prevent an increase in flood flows and in the hazards and costs associated with the flooding;
Prevent decreases in groundwater recharge and stream base flow so as to maintain aquatic life, assimilative capacity, and potential water supplies;
Maintain the integrity of stream geometry so as to sustain the hydrologic functions of streams;
Control erosion and sedimentation so as to prevent its deposition in streams and other receiving water bodies;
Facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological functions of streams; and
To the extent practical, secure multiple community benefits such as groundwater replenishment, open space protection and increased recreational opportunity through integrated land use-stormwater management planning.
In accordance with Article 9 and/or Article 10 of the Municipal Home Rule Law of the Town Law of the State of New York, the Town has the authority to enact local laws for the purpose of promoting the health, safety or general welfare of the Town, including the protection of the property of its inhabitants. The Town may include in any such local law provisions for the appointment of any municipal officer or employees to effectuate and administer such local law.
Upon approval of this article by the Town, all site preparation and construction activities requiring approval under this article shall be in conformance with the provisions set forth therein.
Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
- CRITICAL ENVIRONMENTAL AREA
- A specific geographic area designated by a state or local agency having exceptional or unique characteristics that make the area environmentally important.
- To make a site area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, and sewage disposal systems, altering landforms, or construction of a structure on the land.
- DRY WELL
- Similar to an infiltration trench but smaller with inflow from pipe; commonly covered with soil and used for drainage areas of less than one acre, such as roadside inlets and rooftop runoff.
- The removal of soil particles by the action of water, wind, ice or other geological agents.
- The downward movement of runoff through the bottom of an infiltration system into the soil.
- EXTENDED DETENTION
- A practice to store stormwater runoff by collection as a temporary pool of water and provide for its gradual (attenuated) release over 24 hours or more. A practice used to control peak discharge rates, and which provides gravity settling of pollutants.
- FIRST FLUSH
- The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush in these guidelines is defined as the runoff generated from a one-year twenty-four-hour storm event from land which has been made more impervious from predevelopment conditions through land grading and construction/development activities.
- For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.
- An extra large storage area or treatment area such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or extended detention pond.
- IMPERVIOUS AREA
- Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
- A practice designed to promote the recharge of groundwater by containment and concentration of stormwater in porous soils.
- INFILTRATION BASIN
- An impoundment made by excavation or embankment construction to contain and exfiltrate runoff into the soil layer.
- The terminus of a storm drain where the contents are released.
- PEAK FLOW
- The maximum rate of flow of water at a given point and time resulting from a storm event.
- PEAK FLOW ATTENUATION
- The reduction of the peak discharge of storm runoff by storage and the gradual release of that storage.
- Any man-made body of water (other than a store-bought, pre-fab type of decorated reservoir or basin) with a surface area greater than 100 square feet and/or a depth of more than 18 inches.
- A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool.
- A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks or reduce runoff velocities.
- A vertical pipe that is used to control the discharge rate from a pond for a specified design storm.
- STREAM CORRIDOR
- The landscape features on both sides of a stream, including soils, slope and vegetation, whose alteration can directly impact the streams physical characteristics and biological properties.
- The division of a lot of record into two or more parcels. When a parcel of land is being divided into two smaller parcels and one of the smaller parcels is to merge with another lot, it will not be considered subdivision for subdivision review. "Lots of record" shall mean a parcel of land, whether improved or unimproved, as shown on the land records as of the effective date of this article.
- A natural depression or wide shallow ditch used to temporarily route, or filter, runoff.
Stormwater management and erosion control central plans should be prepared and reviewed for all land development projects and construction activities when it is determined that stormwater runoff and/or erosion will have a significant effect on the environment.
It has been established that land clearing, land grading, earth moving or development activities can have a significant effect on the environment; therefore, no person, corporation, organization, or public agency shall, on or after the effective date of the law:
Initiate any land clearing, land grading, earth moving or development activities without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town; or
Alter any drainage system without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town, or;
Develop a parcel of land that was created by subdivision without first preparing a stormwater management and erosion control plan and obtaining approval of said plan horn the Town.
Exemptions. The following activities are exempt from the stormwater management and erosion control plan requirements:
Agricultural activities, including household gardening and timber harvesting that is not part of a development project;
Development of single-family or duplex residential dwelling units and their accessory structures such as garages and storage sheds in an existing subdivision;
Development of one single-family or duplex residential structure and its accessory structures such as garages and storage sheds on lots of record as of the effective date of this article;
Industrial and/or commercial development projects which result in an impervious surface less than 5,000 square feet;
Any maintenance, alteration, use or improvement to an existing structure, which will not significantly and adversely change the quality, rate, volume or location of surface water discharge or contribute to erosion and sedimentation.
It is the responsibility of an applicant to prepare a stormwater management and erosion control plan so that the Town can evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing and mitigating adverse impacts.
The stormwater management and erosion control plan shall be prepared by a New York State licensed professional with expertise in the required discipline and shall contain the name, address, and telephone number of the owner and the developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as major water bodies, adjoining roads, railroads, subdivisions, or towns shall be clearly identified on a map.
The requirements for the contents of the stormwater management and erosion control plan will be broken into two categories. If the project exceeds the thresholds requiring a stormwater SPDES permit (per the State Pollution Discharge Elimination System General Permit for Stormwater Discharge From Construction Activities - requiring a notice of intent), it shall be deemed a Type A action. If the project (work) does not exceed the threshold requiring a state SPDES permit and is not an exempt activity per this article, it shall be deemed a Type B action. The Planning Board will review the contents of these plans during the site plan or subdivision review process. For projects requiring a stormwater management and erosion control plan but not requiring a site plan or subdivision approval, the Code Enforcement Officer shall refer the plan to the Planning Board for review and comment.
For a Type A action, the stormwater management and erosion control plan shall follow the requirements set forth in the most current edition of the New York State Department of Environmental Conservation's publication, "Reducing the Impacts of Stormwater Runoff from New Development."
For a Type B action, the content of the stormwater management and erosion control plan shall be determined by the Town Planning Board. The contents of this plan shall be based on the most current edition of the NYSDEC publication referred to for Type A action but will only include those items that the Town Planning Board believes are necessary for the type of project proposed.
The Minor Subdivision Review Committee will have authority to review, determine and approve the stormwater management and erosion control plan on projects eligible for minor subdivision review.
The structure and content of the stormwater management and erosion control plan shall be as outlined in Chapter 4 of the most current edition of the NYSDEC manual, "Reducing the Impacts of Stormwater Runoff from New Development."
Provisions for stormwater management and erosion control should be considered in a three-stage process:
Presubmission Phase, which provides an opportunity for the community to learn of the developer's intent and for the developer to learn of the community's requirements and standards for development.
Preliminary Site Development Plan Phase, which includes the submission of an application for preliminary site development plan approved for a developer. The application shall be accompanied by information about the proposal as set forth in § 177-8 of this article. Because it is a preliminary action and not final, action on the proposal shall be given as tentative approval, tentative approval with modification, or disapproval.
Final Site Development Plan Phase, if approval or approval with modification is tentatively given in the preliminary site development phase, the next step can be submission of a final application, including the necessary documentation for final approval. It is in this phase that any requested modifications be satisfied as part of final application submission.
Inspections. No stormwater management and erosion control plan will be approved without adequate provision for inspection of the property before development activity commences.
The applicant shall arrange with the Town Code Enforcement Officer for scheduling the following inspections:
Initial inspection: prior to approval of the stormwater management and erosion control plan;
Erosion control inspection: to ensure erosion control practices are in accord with the plan;
Bury inspection: prior to backfilling of any underground drainage or stormwater conveyance structures;
Final inspection: when all work, including construction of stormwater management facilities, has been completed.
The applicant's engineer shall certify to the Town that the completed work is in accordance with the approved plan.
The Town shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved stormwater management and erosion control plan. The applicant shall promptly correct any portion of the work that does not comply or the applicant will be subject to the bonding provisions of § 177-13 and the penalty provisions of § 177-14. The Town may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
Stormwater management and erosion control plans shall be prepared in accordance with performance standards that have been structured to achieve the purposes and objectives of this article as well as to ensure that the quality of runoff after development is not substantially altered from predevelopment conditions. The performance standards in Chapter V of the NYSDEC manual "Reducing the Impacts of Stormwater Runoff from New Development " will be used.
The Town may allow stormwater runoff that is of unacceptable quality or which would be discharged in volumes or rates in excess of those otherwise allowed by this article to be discharged into stormwater management facilities off the site of development if all of the following conditions are met:
It is not practicable to completely manage runoff on-site in a manner that meets the performance standards in § 177-10.
The off site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this article.
Adverse environmental impacts on the site of the development will be minimized;
Adequate provision is made for the sharing of construction and operating costs of the off-site facilities. The developer may be required to pay a portion of the cost of constructing the facilities as a condition to receiving approval of the drainage plan.
Use of regional off-site stormwater management facilities does not eliminate the requirement that the first flush be captured and treated on-site pursuant to the § 177-10 performance standards.
A request to use off-site stormwater management facilities and all information related to the proposed off-site facilities shall be made a part of the developer's stormwater management plan.
The Town shall determine whether stormwater management facilities are to be maintained by the developer/owner, a homeowners' association, or by the Town.
If maintenance is to be performed by a homeowners' association, the homeowners' association must be registered pursuant to § 352-E of the New York State General Business Law.
If maintained by an owner or homeowners' association, the developer, owner and/or homeowners' association shall prepare a maintenance plan containing a maintenance schedule for approval by the Town (see § 177-8C).
Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town to inspect and, if necessary, to take the corrective action; the Town shall give the owner or homeowners' association written notice of the nature of the existing defects. If the owner or homeowners' association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Town, the Town may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to § 177-13 of this article or by the homeowners' association. If the homeowners' association fails to pay for required corrective action, the Town shall have a lien placed on the real property of members of the homeowners' association until payment is made.
Stormwater management facilities may be dedicated to the Town for purposes of maintenance by mutual consent and agreement of the developer/owner and the Town.
In order to ensure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town in its approval of the stormwater management and erosion control plan, the Town of Eden may require the developer to provide, prior to construction, a performance bond, escrow account certification, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as beneficiary. The security shall be in an amount to be determined by the Town Engineer based on submission of final design plans, with reference to actual construction costs.
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or owner of a development (and not a homeowners' association or the Town) or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an appropriate financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities for the life of the project.
The letter of credit shall remain in force until the surety is released from liability by the Town.
Per-annum interest on the letter of credit will be reinvested in the account until the surety is released from liability.
The operation and maintenance letter of credit shall remain in force for the life of the project.
If the developer or owner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Eden may draw upon the account to cover the costs of proper operation and maintenance.
Enforcement of this article shall be the responsibility of the Town Code Enforcement Officer.
Any development activity that is commenced without prior approval of a stormwater management and erosion control plan or is conducted contrary to an approved stormwater management and erosion control plan as required by this article may be restrained by injunction or must otherwise be abated in a manner provided by law.
Civil and criminal 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 punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for a period not to exceed 60 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
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 Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
Notice of violation. When the Town determines that development activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property.
The notice of violation shall contain:
The name and address of the owner or applicant;
The street address where available or a description of the building, structure, or land upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial actions necessary to bring the development activity into compliance with this article and a time schedule for completion of such remedial action;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
A statement that the determination of violation may be appealed to the Town Board by filing a written notice of appeal within 15 days of service of notice of violation.
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal services of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.
A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Town Board.
Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a stormwater management and erosion control plan, issuance of a written notice of violation, or an alleged failure to properly enforce the law in regard to a specific application, shall lave the right to appeal the action to the Town Board. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall include such other information as the Town Board may require. The Town Board shall hold a public hearing on the appeal within 30 days of the appeal and shall render its decision within 30 days after holding the public hearing.
The Town Planning Board may grant a written variance from any requirement of this article using the following criteria:
There are special circumstances applicable to the subject property or its intended use; and