[Added 8-23-2007 by L.L. No. 4-2007]
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land
development has a significant impact upon the health, safety and welfare
of the community.
B.
Eroded soil endangers water resources by reducing
water quality and causing the silting of streams, lakes and other
water bodies adversely affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants
such as heavy metals, hydrocarbons, nutrients and bacteria to water
resources, degrading water quality.
D.
Eroded soil necessitates repair and accelerates the
maintenance needs of stormwater management facilities.
E.
Clearing, grading and altering natural topography
during construction tends to increase erosion.
F.
Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing stream bank
erosion and sedimentation.
G.
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.
H.
Improperly managed stormwater runoff can increase
the incidence of flooding and the severity of floods that occur, endangering
property and human life.
I.
Substantial economic losses can result from these
adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
land development activities.
The purpose of this article is to safeguard
persons, protect property, and prevent damage to the environment in
the Town of Schodack, New York. This article will also promote the
public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any land development activity
as it relates to erosion and sedimentation control and stormwater
management. This article seeks to meet these purposes by achieving
the following objectives:
A.
Meet the requirements of minimum control measures
four (construction site stormwater runoff control) and five (postconstruction
stormwater management) of the State Pollution Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit GP-02-02, or as amended
or revised.
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation (SPDES) General Permit for Construction Activities GP-02-01,
or as amended or revised.
C.
Minimize soil erosion and sedimentation impacts on
streams, water bodies, and neighboring properties.
D.
Avoid excessive and/or unnecessary tree and vegetation
removal.
E.
Minimize windblown soil associated with properties
being cleared and graded for development.
F.
Maintain the integrity of watercourses and sustain
their hydrologic functions.
G.
Minimize increases in the magnitude and frequency
of stormwater runoff to prevent an increase in flood flows and the
hazards and costs associated with flooding.
H.
Minimize decreases in groundwater recharge and stream
base flow to maintain aquatic life, assimilative capacity, and water
supplies.
I.
Facilitate the removal of pollutants in stormwater
runoff to perpetuate the natural biological function of water bodies.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the governing board of the
Town of Schodack has the authority to enact local laws and amend local
laws for the purpose of promoting the health, safety or general welfare
of the Town of Schodack and for the protection and enhancement of
its physical environment. The Town Board may include in any such local
law provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer and enforce such
local law.
A.
Except as otherwise provided herein, no person shall
commence or perform any land development activity, as defined herein,
without the approval of a stormwater pollution prevention plan (SWPPP).
B.
Applicants shall also obtain all other permits required
by state, federal, and local laws. Whenever the particular circumstances
of proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the Town of Schodack,
the responsible board shall integrate the requirements prescribed
herein as appropriate and determine the adequacy of the SWPPP.
C.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary
for the protection of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted
principal or accessory use, including the construction of structures
where the land disturbance is less than one acre.
(3)
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.
(4)
Mining as defined herein.
(5)
The renovation/replacement of a septic system
serving an existing dwelling or structure.
(6)
Normal lawn and landscaping activities/maintenance.
(7)
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.
(8)
Selective cutting of trees as defined herein,
except log haul roads and landing areas are subject to this article.
("Landing areas" are cleared areas to which trees are hauled for their
storage before being transferred off site).
(9)
Repairs and maintenance of any stormwater management
practice or facility.
A.
No application for a land development activity shall
be approved until the responsible board and/or department has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications contained herein.
B.
For land development activity not subject to special
permit, site plan, or subdivision requirements, the Town Engineer,
or designated agent, shall review the SWPPP to determine its completeness
and conformance with the provisions herein. Within 30 days of receipt
of a SWPPP, the Town Engineer, or designated agent, shall make a determination
as to whether it is complete. If it is deemed incomplete, the applicant
shall be notified in writing as to the deficiencies in the plan and
the requirements for completeness. Within 30 days after receiving
a complete plan, the Town Engineer, or designated agent shall, in
writing:
(1)
Approve the permit application;
(2)
Approve the permit application subject to such
reasonable conditions as may be necessary to secure substantially
the objectives of this regulation, and issue the permit subject to
these conditions; or
(3)
Disapprove the permit application, indicating
the reason(s) and procedure for submitting a revised application and/or
submission.
C.
Failure of the Town Engineer, or designated agent,
to act on a complete original or revised application within 30 days
of receipt shall authorize the applicant to proceed in accordance
with the plans as filed unless such time is extended by agreement
between the applicant and the Town. Pending preparation and approval
of a revised plan, land development activities shall not be allowed
to proceed. Nothing herein shall relieve an applicant's need to obtain
a building permit as required by Town Code or file an NOI with the
NYS Department of Environmental Conservation.
D.
For land development activity subject to special permit,
site plan, or subdivision requirements, the responsible board shall
incorporate the required SWPPP into the review process, allowing for
public review and comment on the SWPPP. The responsible board, in
consultation with the Town Engineer, or designated agent, shall determine
the adequacy of the SWPPP. For projects subject to subdivision requirements,
preliminary plat approval shall not be granted until the Planning
Board has received a SWPPP prepared in accordance with the specifications
contained herein.
E.
In its review of the plan, the responsible board or municipal official may consult with the Town Engineer, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 219-131 herein.
A.
The SWPPP shall include the following:
(1)
A written narrative identifying the project's
scope including the location, type, and size of the project.
(2)
A 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; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of stormwater
discharge(s). The specific location(s), size(s), and length(s) of
each erosion and sediment control practice shall also be shown. Site
maps/construction drawings shall be at a scale no smaller than one
inch equals 100 feet.
(3)
A natural resources map identifying existing
vegetation; on-site and adjacent off-site surface water(s), wetlands,
and drainage patterns that could be affected by the construction activity;
and existing and final slopes.
(4)
A description of soil(s) present at the site
along with any existing data that describes the stormwater runoff
characteristics at the site.
(5)
A 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. Phasing
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation. Consistent with the New York
Standards and Specifications for Erosion and Sediment Control, there
shall not be more than five acres of disturbed soil at any one time
without prior written approval from the Department of Environmental
Conservation.
(6)
A description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges
and runoff.
(7)
A 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.
(8)
A description of the temporary and permanent
structural and vegetative measures to be used for soil stabilization,
runoff control and sediment control for each stage of the project,
from initial land clearing and grubbing to project closeout. Depending
upon the complexity of the project, the drafting of intermediate plans
may be required at the close of each season.
(9)
The dimensions, material specifications (e.g.,
seeding mixtures and rates, types of sod, kind and quantity of mulching)
and installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment basins.
Temporary practices that will be converted to permanent control measures
shall be shown.
(10)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and the duration that each practice should remain in place.
(11)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practices,
including estimates of the cost of maintenance.
(12)
Name(s) of the receiving water(s) and any existing
data that describes the stormwater runoff at the site.
(13)
Identification of the person or entities responsible
for implementation of the SWPPP for each part of the site.
(14)
A description of structural practices 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.
(15)
A site map/construction drawing(s) of each postconstruction
stormwater practice, including a description of each postconstruction
stormwater control practice including specific location(s) and size(s),
dimensions, material specifications and installation details. The
New York State Stormwater Management Design Manual shall serve as
the technical design standard. Deviations from this Design Manual
are permitted subject to review and approval by the New York State
Department of Environmental Conservation within 60 business days of
receipt of a completed notice of intent (NOI).
B.
For major projects, the following shall also be provided:
(1)
A hydrologic and hydraulic analysis for all
structural components of the stormwater control system for the applicable
design storms.
(2)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(3)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater control practice.
(4)
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.
The SWPPP shall be prepared by a licensed/certified
professional. The SWPPP must be signed by the professional preparing
the plan and shall make the following certification:
|
I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that false statements made herein are punishable
as a class A misdemeanor pursuant to § 210.45 of the Penal
Law.
|
A.
The SWPPP must clearly identify each contractor(s)
and subcontractor(s) involved in soil disturbance that will implement
each stormwater and erosion control measure. Each contractor and subcontractor
identified in the SWPPP shall sign a copy of the following certification
statement before undertaking any land development activity:
[Amended 6-25-2009 by L.L. No. 1-2009]
|
I hereby certify that I understand and agree
to comply with the terms and conditions of the SWPPP and agree to
implement any corrective actions identified by the qualified inspector
during a site inspection. I also understand that the owner or operator
must comply with the terms and conditions of the New York State Pollutant
Discharge Elimination System (SPDES) general permit for stormwater
discharges from construction activities and that it is unlawful for
any person to cause or contribute to a violation of water quality
standards. Furthermore, I understand that certifying false, incorrect
or inaccurate information is a violation of the referenced permit
and the laws of the State of New York and could subject me to criminal,
civil and/or administrative proceedings.
|
B.
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.
C.
The certification statement(s) shall become part of
the SWPPP for the land development activity.
A.
The permittee shall amend the SWPPP whenever there
is a significant change in design, construction, operation, or maintenance
which may have a significant effect on the potential for the discharge
of pollutants to the waters of the United States and which has not
otherwise been addressed in the SWPPP; or
C.
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP.
A.
Grading, erosion, and sediment control practices and
waterway crossings shall meet the design criteria set forth in the
most recent version of the New York Standards and Specifications for
Erosion and Sediment Control published by the Empire State Chapter
of the Soil and Water Conservation Society. For the design of post-construction
structures, the technical standards are currently detailed in the
publication New York State Stormwater Management Design Manual published
by the Department of Environmental Conservation. When stormwater management
practices are not in accordance with technical standards, the applicant
or developer must demonstrate equivalence to the technical standards
set forth in Article C, Section 3.1,[1] and the SWPPP shall be prepared by a licensed professional.
[Amended 6-25-2009 by L.L. No. 1-2009]
[1]
Editor's Note: See the August, 2003 edition of the New York
State Department of Environmental Conservation Stormwater Design Manual.
B.
Cut and fill slopes shall be no greater than 2:1,
except where retaining walls, structural stabilization or other methods
acceptable to the Town-designated licensed/certified professional
are used. Disturbed areas shall be restored as natural appearing landforms,
and shall blend in with the terrain of adjacent undisturbed land.
Abrupt, angular transitions shall be avoided.
C.
Clearing and grading shall be substantially confined
to designated building envelopes, utility easements, driveways, and
parking footprint. Clearing and grading techniques that retain natural
vegetation and drainage patterns, as described in the most recent
version of Standards and Specifications for Erosion and Sediment Control
referenced above shall be used to the satisfaction of the responsible
board. No clearing or grading shall take place within the established
fifty-foot watercourse buffer area except to provide road crossings
where permitted.
D.
Clearing, except that necessary to establish sediment
control devices shall not begin until all sediment control devices
have been installed and have been stabilized.
E.
Phasing shall be required on all sites disturbing
greater than 30 acres, with the size of each phase to be established
at plan review and as approved by the responsible board. There shall
not be more than five acres of disturbed soil at any one time without
prior written approval from the NYS Department of Environmental Conservation.
F.
The permittee shall initiate stabilization measures
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than 14 days after the construction activity in that portion
of the site has temporarily or permanently ceased. This requirement
does not apply in the following instances:
(1)
Where the initiation of stabilization measures
by the 14th day after construction activity
temporarily or permanently ceased is precluded by snow cover or frozen
ground conditions, stabilization measures shall be initiated as soon
as practicable;
(2)
Where construction activity on a portion of
the site is temporarily ceased, and earth-disturbing activities will
be resumed within 21 days, temporary stabilization measures need not
be initiated on that portion of the site.
G.
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Town Code Enforcement Officer or designated agent, he/she may issue a notice of violation (see § 219-133A) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
H.
If seeding or another vegetative erosion control method
is used, it shall become established within 14 days or the applicant
may be required to reseed the site or use a nonvegetative option.
I.
Special techniques that meet the design criteria outlined
in the most recent version of Standards and Specifications for Erosion
and Sediment Control shall be used to ensure stabilization on steep
slopes or in drainageways.
J.
Soil stockpiles must be stabilized or covered at the
end of each workday.
K.
The entire site must be stabilized, using a heavy
mulch layer or another method that does not require germination to
control erosion, at the close of the construction season.
L.
Techniques shall be employed to prevent the blowing
of dust or sediment from the site.
M.
Techniques that divert upland runoff past disturbed
slopes shall be employed.
N.
Adjacent properties shall be protected by the use
of a vegetated buffer strip in combination with perimeter controls.
O.
In general, wetlands and watercourses should not be
filled, graded or altered. The crossing of watercourses should be
avoided to the maximum extent practicable. When protection of wetlands,
watercourses, trees, steep slopes or other environmentally sensitive
area is required, the location shall be shown on the erosion control
plan and the method of protection during construction identified (e.g.,
silt fence, construction fence, stakes, etc.). [A vegetative buffer
(twenty-five-foot minimum) shall be maintained between disturbed areas
and protected federal wetlands that are not proposed to be filled
as part of an Army Corps of Engineers wetlands permit. In the case
of state designated wetlands, the one-hundred-foot adjacent area shall
not be disturbed without a NYS Department of Environmental Conservation
permit.]
P.
Stabilization shall be adequate to prevent erosion
located at the outlets of all pipes and paved/riprap channels.
Q.
Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
R.
Development should relate to site conditions and disturbance
of steep slopes avoided. Grading should be minimized by utilizing
existing topography whenever possible. Roads and driveways shall follow
the natural topography to the greatest extent possible.
S.
In areas of severe slopes (exceeding 25%), land-disturbing
activities are not permitted. A twenty-five-foot buffer must be maintained
between any disturbed area and the top of slopes 25% and greater.
T.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement 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 Town of Schodack 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
by the grantor in the office of the County Clerk after approval by
the counsel for the Town of Schodack.
U.
Maintenance agreements. The Town of Schodack shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of Schedule B of this article, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[2] The Town of Schodack, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[2]
Editor's Note: Said schedule is on file in
the Town Offices.
Any land development activity shall not result
in the following:
A.
An increase in turbidity that will cause a substantial
visible contrast to natural conditions in surface waters of New York
State;
B.
An increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
uses; or
C.
Residue from oil and floating substances, nor visible
oil film, or globules of grease.
The applicant or developer of the land development
activity or their 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%.
A.
The Stormwater Management Officer or designated agent
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 SWPPP as approved. To
obtain inspections, the applicant shall notify the Stormwater Management
Officer or designated agent at least 48 hours before the following
as required by the SWPPP:
[Amended 6-25-2009 by L.L. No. 1-2009]
(1)
Start of construction and initial installation
of sediment and erosion controls.
(2)
Installation of sediment and erosion measures
as site clearing and grading progresses.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the seasonal land development activity.
(7)
Completion of final landscaping.
B.
Successful establishment of landscaping in public
areas.
[Amended 6-25-2009 by L.L. No. 1-2009]
(1)
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. Corrective actions may include
the repair/restoration of off-site impacts. 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 or designated agent.
(2)
For land development activities, the applicant
shall have a qualified inspector conduct an assessment of the site
prior to the commencement of construction and certify in an inspection
report that the appropriate erosion and sediment controls described
in the SWPPP have been adequately installed or implemented to ensure
overall preparedness of the site. Following the commencement of construction,
site inspections shall be conducted by a qualified professional at
least every seven calendar days. The purpose of such inspections will
be to determine the overall effectiveness of the plan and the need
for additional control measures. During each inspection, the qualified
inspector shall record the following information:
(a)
On a site map, indicate the extent of all disturbed
site areas and drainage pathways. Indicate site areas that are expected
to undergo initial disturbance or significant site work within the
next fourteen-day period;
(b)
Indicate on a site map all areas of the site
that have undergone temporary or permanent stabilization;
(c)
Indicate all disturbed site areas that have
not undergone active site work during the previous fourteen-day period;
(d)
Inspect all sediment control practices and record
the approximate degree of sediment accumulation as a percentage of
the sediment storage volume;
(e)
Inspect all erosion and sediment control practices
and record all maintenance requirements, such as verifying the integrity
of barrier or diversion systems and containment systems. Identify
any evidence of rill or gully erosion occurring on slopes and any
loss of stabilizing vegetation or seeding/mulching. Document any excessive
deposition of sediment or ponding water along barrier or diversion
systems. Record the depth of sediment within containment structures,
any erosion near outlet and overflow structures, and verify the ability
of rock filters around perforated riser pipes to pass water; and
(f)
All deficiencies that are identified with the
implementation of the SWPPP.
C.
A copy of the NOI and a copy of the SWPPP shall be
retained at the site of the land development activity during construction
from the beginning of construction activities to the date of final
stabilization. The SWPPP and inspection reports are public documents
that the operator must make available for inspection, review and copying
by any person within five business days of the operator receiving
a written request by such person to review the SWPPP and/or the inspection
reports. Copying of documents will be done at the requester's expense.
[Amended 6-25-2009 by L.L. No. 1-2009]
D.
The operator shall maintain a record of all inspection
reports in a site logbook. The site logbook shall be maintained on-site
and be made available to the Town upon request.
[Amended 6-25-2009 by L.L. No. 1-2009]
E.
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
A.
Inspections of stormwater management practices (SMPs).
The Stormwater Management Officer or designated agent is responsible
for conducting inspections of stormwater management practices (permanent
water quantity/quality improvement structures). All operators are
required to submit as-built plans certified by a professional engineer
for any permanent stormwater management practices located on-site
after final stabilization. The plan must show the final design specifications
for all stormwater management facilities and must be certified by
a professional engineer. Operators shall also provide the owner(s)
of such structure(s) with a manual describing the operation and maintenance
practices that will be necessary in order for the structure to function
as designed. The operator must also certify that the permanent structure(s)
have been constructed as described in the SWPPP. This certification
can be accomplished by providing to the Town a copy of the notice
of termination (NOT) filed with the NYSDEC.
[Amended 6-25-2009 by L.L. No. 1-2009]
B.
All certified as-built plans, lands, structures, and/or
appurtenances, to be dedicated to the Town shall be reviewed, inspected
and approved by the Town Engineer or designated agent prior to Town
acceptance.
C.
Notice of termination (NOT). Upon certification by the operators licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as proscribed by the NYSDEC and file a copy with the Town to notify them that they have complied with § 219-128B and that the project is complete. [NOTE: "Final stabilization" means that all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches, or geotextile mats) have been employed on all unpaved areas and areas not covered by permanent structures.]
A.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, at a minimum, the following:
(1)
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.
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
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
C.
Submission of reports. The Town of Schodack Stormwater
Management Officer may require monitoring and reporting from entities
subject to this article as are necessary to determine compliance with
this article.
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 Town of Schodack the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 219-130B.
A.
Construction completion guarantee. The applicant or
developer may be required to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Town of Schodack as the beneficiary.
The security shall be in an amount determined by the Town of Schodack
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Town of Schodack, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Town. Per
annum interest on cash escrow deposits shall be reinvested in the
account until the surety is released from liability.
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 Town of Schodack 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 control facilities, the Town may, upon notification, draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Town of Schodack may require entities
subject to this article to maintain records demonstrating compliance
with this article.
A.
The responsible board or municipal official is hereby
authorized to retain licensed /certified professionals as are determined
to be necessary to carry out the review of a SWPPP or to make regular
or final inspections of all control measures, lands, structures, and/or
appurtenances, to be dedicated to the Town in accordance with the
approved plan.
B.
Payment for the services of such professionals is
to be made from funds deposited by the applicant with the Town in
escrow accounts for such purposes.
C.
It shall be the responsibility of the applicant to
submit to the Town certified check(s) in amounts equal to the estimate
of the licensed/certified professional for the cost of services to
be rendered. Estimates shall reflect reasonable costs at prevailing
rates. The Town shall make payments to said professional for services
rendered to it upon acceptance by the Town of said service.
A.
Notice of violation. The operator and all contractors
and subcontractors must comply with all conditions of a SWPPP submitted
pursuant to this article. In the event that the Town determines that
a land development activity is not being carried out in accordance
with the requirements of this article, the Stormwater Management Officer
may issue written notice of violation to the operator/landowner, applicant
and all contractors/subcontractors subject to the provisions of this
article. The notice of violation shall contain the following information:
[Amended 6-25-2009 by L.L. No. 1-2009]
(1)
The name and address of the operator/landowner,
developer, or applicant;
(2)
The address of the site 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 article
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that
can be assessed against the person to whom the notice of violation
is directed;
(6)
Within 15 days of notification of violation
(or as otherwise provided by the Town) the violator shall take the
remedial measures necessary to bring the land development activity
into compliance with this article.
B.
Stop-work order. The Stormwater Management Officer
may issue a stop-work order for violation of this article. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those activities that address the violation(s)
identified in the stop-work order. The stop-work order shall be in
effect until the Town 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, and/or monetary penalties in accordance with this
article.
[Amended 6-25-2009 by L.L. No. 1-2009]
C.
Violations. The Town of Schodack may require entities
subject to this article to maintain records demonstrating compliance
with this article.
D.
Penalties. Any person violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and each day
during which any violation of any of the provisions of this article
is committed, continued, or permitted, shall constitute a separate
offense. Upon conviction of any such violation, such person, partnership,
or corporation shall be punished by a fine of not more than $250 for
each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this article shall be required to bear the
expense of such restoration. To the extent that the noncompliance
with this article constitutes a violation of the Clean Water Act and
the Environmental Conservation Law, there may be substantial criminal,
civil, and administrative penalties, depending upon the nature and
degree of the offense.
E.
Withholding 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.
[Amended 6-25-2009 by L.L. No. 1-2009]
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 Town
of Schodack may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
