[HISTORY: Adopted by the Town Board of the
Town of Plattekill 12-19-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
It is hereby determined 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, thereby
increasing stream bank erosion and sedimentation;
E.
Proper design, construction and maintenance of stormwater
management practices can greatly increase their effectiveness in water
quality treatment and water quantity control;
F.
Evidence suggests that stormwater management practices
involving infiltration recharge the groundwater table and provide
a high degree of water quality treatment;
G.
Evidence suggests that stormwater practices involving
bioretention provide a high degree of water quality treatment;
H.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
I.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
J.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
K.
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;
L.
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 the Town of Plattekill and to address the findings of fact in § 89-1 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 SPDES General Permit for Stormwater Discharges from Municipal
Separate 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 NYS 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 stream bank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which 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.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, Town Board of Plattekill 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
Plattekill and for the protection and enhancement of its physical
environment. The Town Board of Plattekill 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.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans (SWPPPs) and forward such plans to the applicable municipal
board. The Stormwater Management Officer shall engage the services
of the Town Engineer to review the plans, specifications and related
documents at a cost not to exceed a fee established within this chapter.
C.
All land development activities subject to review
and approval by the Planning Board of the Town of Plattekill under
subdivision and site plan regulations shall be reviewed subject to
the standards contained in this chapter.
D.
All land development activities not subject to review as stated in Subsection C and not included as an exempt activity as listed in § 89-5 herein shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer. The Stormwater Management Officer shall then engage the services of the Town Engineer to review SWPPP. Per the recommendation of the Town Engineer, the Stormwater Management Officer shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from
review under this chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that logging under Town of Plattekill Code Chapter 65 and landing areas on log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part if a subdivision of a plat for the subdivision
has received final approval by the Town of Plattekill and construction
has commenced on or before the effective date of this chapter. However,
subdivisions, or any part thereof, that have received final approval
by the Town of Plattekill and construction has commenced on or before
the effective date of this chapter shall comply to the maximum extent
practicable to the conditions of this chapter, as directed by the
Stormwater Management Officer and the Town Engineer.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activities deemed immediately necessary
by the Town Board to protect life, property or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection
with an existing structure and/or existing site improvements.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meaning as
set forth in this section.
All agricultural operations and activities related to the
growing or raising of crops, livestock or livestock products, and
agricultural products, as such terms are defined in or governed by
the Agriculture and Markets Law of the State of New York on lands
qualified under Ulster County and NYS law for an agricultural exemption
by the Assessor of the Town of Plattekill.
A person (as defined herein) who files an application for
a permit under this chapter, including the owner of the property on
which the proposed regulated activity would be located, and any contract
vendee, lessee of the land, person who would actually control and
direct the proposed regulated activity, and/or the authorized agent
of such person.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Destruction and removal of areas of vegetation by manual,
mechanical, biological or chemical methods.
The deliberate appropriation of property by its owner.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
document for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Measures that prevent the soil from eroding.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual.
The alteration of surface or subsurface conditions of land,
lakes, ponds, or watercourses.
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 which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale totaling equal to or greater than one acre
of land disturbance, even though multiple separate and distinct land
development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which 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 agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The New York State Department of Environmental Conservation.
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.
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.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board or Town Engineer and inspect
stormwater management practices.
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 as further detailed
in this chapter.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A river, creek, stream, ditch, or channel in which water
flows as listed (classified or unclassified) by the NYS Department
of Environmental Conservation.
The quantity of stormwater that is captured and receives
water quality treatment with the utilization of a stormwater management
practice. The water quality volume represents 90% of the average annual
stormwater runoff volume and its quantity is directly related to the
impervious cover in the drainage basin. The volume is calculated in
accordance with the Design Manual.
Regulated areas that comprise hydric soils and/or are inundated
or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions and are regulated under federal, state, and/or Town
law. Wetlands generally include marshes, bogs, vernal pools, wet meadows,
fens and similar areas.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter. The applicant shall also provide a copy of the stormwater
pollution prevention plan prepared in accordance with the specifications
of this chapter to the County of Ulster. The applicant shall also
provide GPS (global positioning system) reference data in a form suitable
to the Stormwater Management Officer for stormwater outfalls and permanent
structures constructed in accordance with the New York State Stormwater
Management Design Manual.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following information:
(a)
Background information about the scope of the
project, including location, type and size of project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site plan shall
be drawn at a scale no smaller than one inch equals 100 feet and shall
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; description of ground cover/vegetation along watercourses;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP. All
silt fences and other applicable erosion and sediment control measures
shall be removed from the site after the site has been stabilized;
(e)
Description of the ground cover conditions throughout
the site, as well as any changes to ground cover that have occurred
in the previous five years;
(f)
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;
(g)
For all land development activities that require
site plan approval under Town Code, a description of salt usage for
control of snow and ice shall be included. The frequency, type, quantity,
etc. of salt usage as well as measures to reduce salt usage shall
be included;
(h)
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;
(i)
The percent of impervious ground cover should
be clearly noted for pre-construction and postconstruction conditions;
(j)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project close-out;
(k)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
(l)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(m)
Temporary practices that will be converted to
permanent control measures;
(n)
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;
(o)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(p)
Name(s) of the receiving water(s);
(q)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(r)
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; and
(s)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities as defined in § 89-6 and meeting Condition A, B, and/or C below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) and (4).
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Departments 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activity disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences.
(3)
General SWPPP requirements for land development activities
that meet Conditions A, B and/or C:
(b)
Description of each postconstruction stormwater
management practice.
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(f)
Increases in stormwater runoff volume as a result
of the land development activity shall be presented. Potential downstream
impacts due to increased volume and proposed methods to lessen the
volume shall be discussed.
(g)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(h)
Infiltration practices for water quality treatment
are preferred if soils and other physical characteristics are suitable
and if the project does not involve a stormwater hotspot (see Section
4.9 of the Design Manual). If infiltration practices are not used,
a detailed description as to why this cannot be achieved must be provided.
(i)
Bioretention practices for water quality treatment
are preferred if physical characteristics are suitable. If bioretention
practices are not used, a detailed description as to why this cannot
be achieved must be provided.
(j)
The method of soil compaction should be discussed.
During construction, compaction of landscaped or pervious areas should
be avoided to allow infiltration of stormwater into the subsoil.
(k)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice.
(l)
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.
(4)
Requirements for postconstruction runoff controls
for land development activities that meet Conditions A, B and/or C:
(a)
Pond practices.
[1]
The maximum bottom area of any individual stormwater
management pond or series of stormwater management ponds, including
the forebay area, shall not exceed 0.5 acre, unless specifically accepted
by the Towns reviewing engineer upon an investigation of the specific
site conditions that could justify an increase in stormwater management
pond area.
[2]
The minimum length-to-width ratio for the pond
shall be 2:1, or the pond must be designed so that the flow path within
the pond is equal to two times the pond width. The pond inlet and
outlet shall be located on the opposite sides of the pond.
[3]
Maintain a long flow path through the system
to the greatest extent possible, and design ponds with irregular shape.
[4]
The pond shoreline shall be planted with barrier
riparian vegetation in accordance with the Design Manual.
[5]
A legally binding maintenance agreement shall
be developed to ensure pond maintenance.
[6]
Sediment removal from the forebay shall occur
every three years or when it becomes thirty-percent full.
[7]
Sediment removal from the main basin shall occur
every five years or when it becomes thirty-percent full (30% of the
permanent pool depth).
[8]
A maintenance easement and access right-of-way
shall be provided.
[9]
All low-flow orifices (six-inch diameter or
less) shall be adequately designed to prevent clogging.
[10]
Pond side slopes shall be 3H:1V to allow regular
maintenance (e.g., mowing).
[11]
The principal spillway and large culverts shall
not permit access by small children.
[12]
Pond practices shall meet all requirements set
forth in the Design Manual.
(b)
Infiltration practices.
[1]
The infiltration practice shall operate as an
off-line treatment system, with a bypass overflow to a detention basin
or other stable downstream receptacle.
[2]
A legally binding maintenance agreement should
be provided if appropriate.
[3]
Remove sediment/gross solids from the infiltration
surface annually, to ensure the maximum surface area for treatment.
[4]
Rehabilitate/replace at least the top six inches
of filter media when flow-through rate reduces to less than 60% design
treatment flow rate (replace greater than six inches as necessary
to restore design treatment flow rate).
[5]
Infiltration practices shall meet all requirements
set forth in the Design Manual.
(c)
Bioretention practices.
[2]
A landscaping plan is required for each bioretention
practice.
[3]
A legally binding maintenance agreement should
be provided as appropriate.
[4]
Remove sediment/gross solids from the bioretention
surface annually or when depth exceeds three inches.
[5]
Rehabilitate/replace mulch and bioretention
media (top six inches minimum) when flow-through rate reduces to less
than 60% design treatment flow rate.
[6]
Bioretention practices shall meet all requirements
set forth in the Design Manual.
C.
Plan certification. The SWPPP shall be prepared by
a New York State registered landscape architect, an international
erosion control association certified professional in erosion and
sediment control (CPESC), and international erosion control association
certified professional in stormwater quality (CPSWQ), or a New York
State licensed professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meet the requirements in this chapter.
D.
Other permits. The applicant shall assure that all
other applicable permits have been or will be acquired for the land
development activity prior to approval of the final stormwater design
plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature; address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
F.
A copy of the SWPPP shall be retained at the site
of the land development activity in a prominent place for public viewing
during construction from the date of initiation of construction activities
to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official standards and
specifications for stormwater management. Stormwater management practices
that are designed and constructed in accordance with these technical
documents as well as other requirements included in this chapter 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).
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant or developer or other representative
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%.
(2)
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. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inches of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer and also copied to
the site log book.
B.
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 Plattekill to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded
by the developer in the office of the County Clerk within 15 days
after approval by the attorney for the Town of Plattekill. The developer
shall also execute Form TP-584 and such other documents as may be
required by the Ulster County Clerk in order to record said easement.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall operate and maintain the stormwater management
practices to achieve the goals of this chapter. Proper operation and
maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Plattekill 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 chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Plattekill, 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 chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Inspection schedule.
(1)
The Town of Plattekill 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. To obtain inspections, the applicant
shall notify the Town of Plattekill enforcement official at least
48 hours before any of the following as required by the Stormwater
Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(i)
Dewatering activities involving the pumping
of water.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization until any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
(3)
The Stormwater Management Officer may also conduct
random inspections during construction. The Stormwater Management
Officer may inspect the site in response to complaints associated
with turbid water, flooding, or other potential violations of the
stormwater pollution prevention plan.
B.
Stormwater management practice inspections and as-built
survey. The Town of Plattekill Stormwater Management Officer, or at
the Town Boards discretion a New York State licensed professional
engineer or certified professional in erosion and sediment control,
shall be 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 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
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include but are
not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
D.
Submission of reports. The Town of Plattekill Stormwater
Management Officer may 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 landowner shall grant to the Town of Plattekill the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 Town of
Plattekill in its approval of the stormwater pollution prevention
plan, the Town of Plattekill may require the applicant or developer
to provide, prior to construction, a cash escrow, or irrevocable letter
of credit from an appropriate financial institution which guarantees
satisfactory completion and maintenance of the project and names the
Town of Plattekill as the beneficiary. Security shall be in an amount
and in a form to be determined by the Town of Plattekill 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 Plattekill,
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 of Plattekill. 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 Plattekill with an irrevocable
letter of credit from an approved financial institution in an amount
and in a form satisfactory to the Town 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, Town of Plattekill may draw upon the account to cover
the costs of proper operation and maintenance, including engineering
and inspection costs.
C.
Recordkeeping. The Town of Plattekill may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Town of Plattekill determines
that a land development activity is not being carried out in accordance
with 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 time schedule for the completion of such remedial action;
(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 municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
B.
Stop-work orders. The Town of Plattekill 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
Town of Plattekill 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 of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine 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 weeks continued violation shall constitute a
separate additional violation. The Town Board may amend the amount
of such fines by resolution. In addition, in the event that the Town
of Plattekill incurs any monetary fines or penalties due to acts or
omissions of the persons or entities who violated this chapter, said
individual or entity shall be liable to the Town of Plattekill for
payment of all such fines or penalties imposed upon or paid by the
Town of Plattekill.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter the Stormwater Management Officer may prevent 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 Town
of Plattekill may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Town of Plattekill may require any person
undertaking land development activities regulated by this chapter
to pay reasonable costs at prevailing qualified professional fee rates
for review of SWPPPs, inspections, or SMP maintenance performed by
the Town of Plattekill or performed by a third party for the Town
of Plattekill.
