Article IV Stormwater Management

A subdivision of land.

The approval of a site plan.

Issuance of a building permit where greater than one acre of property will be impacted.

Construction or extension of an existing City street or property, or private roadway.

Alteration of an existing drainage system or watercourse.

§ 248-61 Prohibitions of illegal discharges.

Redevelopment of existing sites.

(7)

Such other project undertaken within the boundaries of the City or on or adjacent to property in which the City has an interest which poses an impact upon such property and which, in the opinion of the City Engineer, requires the creation and implementation of such plan or plans as necessary to satisfy the purpose and objectives of this article.

§ 248-60 Exemptions.

[Amended 6-18-2012 by L.L. No. 3-2012]

The following development activities are exempt from the stormwater pollution prevention plan requirements:

Developments which disturb less than one acre of land and which, in the professional opinion of the Stormwater Management Officer, will nor cause or may be reasonably anticipated to not cause stormwater accumulation, discharges, or flows equivalent to or greater than such as are regulated under and restricted or prohibited hereunder, or which will not cause or may be reasonably anticipated to not cause prohibited discharges, pollution, erosion, sedimentation, flooding or other impacts intended to be regulated, restricted or prohibited by this article, regardless of the size of the parcel of land being developed or redeveloped.

Agricultural land management activities.

Maintenance or improvement of an existing structure which will not have an impact on the quantity and/or quality of surface water discharge from the site and which are performed in such manner as to maintain preexisting grade, facilities, boundaries, hydraulic capacity and/or function and purpose.

Repairs to any stormwater management practice or facility deemed required by the Stormwater Management Officer.

Cemeteries, graves, and plots therein which existed prior to the enactment of this article and/or which are exempt under state law, rule or regulation.

Emergency activities undertaken to protect the life, health and safety of any person(s), or property or natural resources, as same may be deemed an emergency by the City Manager or by the Stormwater Management Officer.

Home gardening undertaken for the personal benefit of the owner which does not generate the impacts intended to be regulated hereby.

[Amended 6-18-2012 by L.L. No. 3-2012]

No private or corporate person, owner, developer, contractor, site operator or other party or entity or agent shall discharge or cause to be discharged into any stormwater collection or conveyance system, natural watercourse or water body within the City of Newburgh or the MS4 any materials other than stormwater, except as provided in Subsection A hereinbelow. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the municipality has determined them to be substantial contributors of pollutants or the cause of impacts prohibited hereunder: water line flushing or flushing of other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street washwater, water from firefighting activities, and any other water source not containing pollutants or causing impacts prohibited hereunder. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants or mitigating or eliminating prohibited impacts. With the exception of the discharges identified herein, no discharge piping from any floor drain, sanitary drains, process piping or other similar source shall be connected to any City-owned or -maintained stormwater collection and conveyance system. The Building Inspector and/or Code Enforcement Officer shall be authorized to enforce the provisions of this section.

Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.

Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the SMO prior to the time of the test.

This prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

Violations of this section shall be punishable by the penalties set forth in § 248-76 herein. Every new day, measured from 12:00 midnight, during all or part of which a violation is found to exist, shall constitute a separate violation hereof. In addition to such penalty, the City may bring a separate civil action in any court of competent jurisdiction to recover from any violator(s) the cost of any damages caused by such violation, plus the cost of remediating such damage, plus any legal and attorneys' fees and costs associated with such action, including the right of the City to compel compliance or to restrain by injunction any such violations of this section. This shall be in addition to any other penalties or remedies provided by any other law, regulation, or rule or section hereof.

§ 248-62 Illicit and/or illegal connections prohibited.

The construction, use, maintenance or continued existence of illicit or illegal connections to the MS4 is prohibited and shall be considered a violation of this article. Each day that such violation continues shall be considered a separate violation. This shall be in addition to and not instead of any violation under any other law, code, rule or regulation.

This prohibition expressly includes, without limitation, illicit or illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

A person is considered to be in violation of this article if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue, or owns or controls any property upon or from or to which such connection exists.

§ 248-63 Failing individual sewage treatment systems prohibited.

No person(s) shall operate or allow to exist upon property which they own or control a failing individual sewage treatment system in any areas tributary to the municipality's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:

The backup of sewage into a structure.

Discharges of treated or untreated sewage onto the ground surface.

A connection or connections to a separate stormwater sewer system.

Liquid level in the septic tank above the outlet invert.

Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.

Contamination of off-site groundwater.

Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 248-58 of this article, the owner or operator of such individual sewage treatment systems shall be required to:

Maintain and operate individual sewage treatment systems as follows:

Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee;

Avoid the use of septic tank additives;

Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and

Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items.

Tanks shall be pumped out no less frequently than every three years. More frequent pumping may be required by the SMO depending on use. Inspection of the tank for cracks, leaks and blockages shall be done by the septage hauler as required by the property owner or person responsible therefor at the time of pumping of the tank contents.

As required, repair or replace individual sewage treatment systems as follows:

In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.

A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves:

[1]

Relocating or extending an absorption area to a location not previously approved for such.

[2]

Installation of a new subsurface treatment system at the same location.

[3]

Use of alternate system or innovative system design or technology.

§ 248-64 Activities contaminating stormwater prohibited.

A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system.

Activities that are subject to the requirements of and which are prohibited by this section are those types of activities that:

Cause or contribute to a violation of the municipality's MS4 SPDES permit; or

Cause or contribute to the municipality being subject to the special conditions as defined in § 248-58, Definitions, of this article; or

Include failing individual sewage treatment systems as defined in § 248-63 or improper management of pet waste or fertilizer or other organic or inorganic materials or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.

§ 248-65 Use of best management practices to prevent, control, and reduce stormwater pollutants.

Best management practices. Where the SMO has identified illicit and/or illegal discharges as defined in §§ 248-62 and/or 248-63 or activities contaminating stormwater as defined in § 248-64, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.

The owner or operator of a commercial or industrial establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.

§ 248-66 Suspension of access to MS4; illicit discharges in emergency situations.

Any person responsible for a property or premises which is, or may be, the source of an illicit or illegal discharge as defined in § 248-58 or an activity contaminating stormwater as defined in § 248-63 or 248-64 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. In the event the City gives notice of an illicit or illegal discharge as described in this section and such person fails to implement at his own expense such additional and nonstructural BMPs to reduce or eliminate the source(s) of pollutant(s) to the MS4 in a prompt and effective manner as required by the City SMO(s), the City shall have the authority to undertake any and all appropriate actions, including but not limited to legal action, engineering, practical and physical intervention and other remedial and preventative measures, both on site and off site or both, to cure and prevent all such illicit or illegal discharges. In such event, the City shall have the right to recover any and all of its costs and expenses incurred in connection with such actions, including but not limited to legal and attorneys' fees and expenses, materials and equipment, labor, consultants, agents and employees costs and expenses, fines and penalties, insurance liability and all others, from the person or persons responsible for such illicit or illegal discharges, individually and collectively. In the event such person(s) fail to fully compensate the City for all such costs and expenses, the City shall have the right to use all legal means and methods to collect same, including but not limited to adding such costs and expenses to the tax bill chargeable against such property and enforcing same in the same manner as is authorized by law for the enforcement and collection of taxes.

Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this § 248-65.

The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial harm, damage and/or danger to the environment, to the health or welfare of any persons, or to the MS4, which is defined herein as an "emergency." The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the City and/or SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to any persons or to the environment. In the event the violator fails to comply with a suspension order and/or fails to promptly and effectively abate an actual or threatened discharge which presents or may present imminent and substantial harm, damage and/or danger to the environment, to the health or welfare of any persons or to the MS4 and the City and/or the SMO take such steps to minimize such harm, damage or danger, then the City shall have the right to recover any and all of its costs and expenses incurred in taking such steps, including all costs relating to such matters as described in § 248-65A(2) hereinabove, and the City shall have the right to enforce collection of any and all such costs and expenses in any lawful manner, including as described in § 248-65A(2) hereinabove.

Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have his MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the City Manager and SMO for a reconsideration and hearing. Access may be granted by the City Manager and SMO if they find that the illicit discharge has ceased and the discharger has taken sufficient and proper steps to prevent its recurrence. Access may be denied if the City Manager and/or SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the City Manager or SMO. Such offense may be prosecuted by the City in the City Court of the City of Newburgh as a violation of the City Code or in any court of competent jurisdiction. A conviction of such offense shall be considered a Class A misdemeanor punishable as set forth in § C4.32, Subsection A(1), of the City Charter.

§ 248-67 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.

§ 248-68 Access to facilities; monitoring of discharges.

[Amended 6-18-2012 by Ord. No. 3-2012]

Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.

Access to facilities.

The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a person who is the owner or is in control of or is responsible for such premises or who is a discharger has security measures in force which require proper identification and clearance before entry into its premises, such person(s) shall make the necessary arrangements to allow access to the SMO.

Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.

The municipality shall have the right to set up on any facility subject to this article such devices as are necessary, in the opinion of the SMO, to conduct monitoring and/or sampling of the facility's stormwater discharge.

The municipality has the right to require the facilities subject to this article to install monitoring equipment, at the expense of the owner, operator or responsible person(s) or discharge(s), as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by such person(s) at their own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the owner, operator, person responsible for or discharger of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this article. Such offense shall be considered a Class A misdemeanor and may be prosecuted as set forth in § 248-76.

§ 248-70 Contents of a stormwater pollution prevention plan.

If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction in addition to all other remedies as set forth in this article.

§ 248-69 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a property, facility or operation, or responsible for emergency response for a property, facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, reporting, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies, including but not limited to the City of Newburgh and the DEC, of the occurrence via any effective means, including in person, by telephone, by facsimile or other means. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of or person responsible for such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least six years and shall be subject to the review and audit of the City or by the DEC at any and all reasonable times.

[Amended 6-18-2012 by L.L. No. 3-2012]

The stormwater pollution prevention plan shall fully document compliance with the requirements of the NYSDEC construction SPDES permit and New York State Stormwater Management Design Manual. All sites requiring a stormwater pollution prevention plan to be implemented must document a zero increase in peak discharge from the predevelopment conditions as compared to postdevelopment conditions.

§ 248-71 Components of a stormwater pollution prevention plan.

[Amended 6-18-2012 by L.L. No. 3-2012]

Stormwater pollution prevention plans shall be prepared by a professional licensed by the State of New York to prepare such documents. Plans shall consist of an analysis of the predevelopment runoff rates, versus postdevelopment runoff rates, with engineering controls implemented to assure that predevelopment peak discharges at property lines, streams or watercourses are not exceeded in the postdevelopment conditions for each design storm event and return frequency. Each stormwater management report shall take into account existing soils, vegetation and cover types, and topography in the analysis. Reports shall identify engineering computations and variables utilized in all calculations. Any assumptions utilized in the calculations shall be clearly identified. Stormwater management reports shall comply with the requirements of the New York State Stormwater Management Design Manual, (year of latest revision) and appropriate regulatory guidelines and standards. Additional information shall be provided as requested by the Planning Board, Building Inspector, or Stormwater Management Officer. Stormwater management reports will address both water quantity control as well as water quality control, including storage requirements for water quality and/or volume, stream, brook and other water and watercourse protection, ten-year peak runoff control and a one-hundred-year flood control. Detention ponds shall be analyzed for a twenty-five-year return frequency storm event for pre- and postdevelopment runoff analysis. This article by reference will utilize the New York State Stormwater Management Design Manual (year of latest revision) as a basis for stormwater management and design guidelines for stormwater management practices and shall include such other and further provisions as the Stormwater Management Officer may reasonably require as being in the best interests of the City and as are required or defined in all applicable laws, rules and regulations.

Such plans shall include but not be limited to the following:

Background information and erosion and sediment controls:

Background information about the scope of the project, including location, type and size of project.

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges. The site map should be at a scale no smaller than one inch equals 100 feet.

Description of the soil(s) present at the site.

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 stormwater pollution prevention plan.

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.

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.

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.

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.

(i)

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.

(j)

Temporary practices that will be converted to permanent control measures.

(k)

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.

(l)

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.

(m)

Name(s) of the receiving water(s).

(n)

Delineation plan implementation responsibilities for each part of the site.

(o)

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.

(p)

Any existing data that describes the stormwater runoff at the site.

Conditions A, B and C. In addition to the foregoing, land development activities as defined in this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth below as applicable and as may be required by the Stormwater Management Officer.

Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

Condition B: stormwater runoff from land development activities disturbing five or more acres.

Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

SWPPP requirements for Conditions A, B and C:

All information in § 248-71B(1)(a) through (p) of this article.

Description of each postconstruction stromwater management practice.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.

Dimensions, material specifications and installation details for each postconstruction stormwater management practice.

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.

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.

(i)

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with the provisions of this article.

Plan certification.

The stormwater pollution prevention plan shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article.

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." The certification must include the name and title of the person providing the signature, the address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

§ 248-72 Technical and design standards.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Other environmental permits. The applicant shall assure that all other applicable environmental or legal permits and other approvals have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Design standards.

Stormwater management facilities shall be provided with the appropriate easements encompassing the stormwater management facilities and a reasonable area surrounding them for operation and maintenance of the stormwater management devices. Stormwater management appurtenances shall not be located within state- or federally designated wetlands.

Closed pipe systems and swales shall be designed to convey the calculated hydraulic flow rate from a twenty-five-year return frequency storm event in the turbidity area. Swales for water quality treatment shall be designed according to the New York State Stormwater Management Design Manual, and as same shall be amended from time to time.

Detention/Retention ponds shall have a maximum interior slope of 4:1 or flatter with 10 to 15 benches as the City Engineer may require to provide a safe zone in compliance with the New York State Stormwater Management Design Manual and as same shall be amended from time to time.

Sediment forebays shall be provided to protect stormwater management facilities as specified in the New York State Stormwater Management Design Manual and as same shall be amended from time to time.

Technical standards. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article and such other requirements as may be imposed by the Stormwater Management Officer and/or City Engineer.

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

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").

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.

§ 248-73 Maintenance.

[Amended 6-18-2012 by L.L. No. 3-2012]

The applicant or developer.

Stormwater pollution prevention plans shall address maintenance of all stormwater-related improvements on subdivisions and site plans. Maintenance activity shall be the responsibility of the owner and/or responsible party, as defined herein, of the site. Erosion control plans, in compliance with NYSDEC standards and as approved by the Planning Board, Zoning Board of Appeals, Building Department, Office of Code Compliance, or Stormwater Management Officer, or any office, department, agency or officer charged with enforcement of law, codes or regulations, shall be implemented prior to construction activities commencing on a site. Soil erosion control methods and techniques shown on the approved plans; and any additional controls required by the Code Compliance Supervisor, Building Inspector, and/or Stormwater Management Officer shall be implemented and maintained throughout the project construction phase. Erosion and sediment control devices shall remain properly maintained on the site until the site has been stabilized. Maintenance of stormwater management appurtenances on site plans shall continue to be the responsibility of the site owner and/or responsible party, as defined herein. Periodic maintenance of stormwater management control is required to assure its their functions. Maintenance shall be performed in accordance with the stormwater pollution prevention plan and sound environmental practices and as may be reasonably required by the Stormwater Management Officer. Maintenance activities shall include, but are not limited to, mowing of vegetation, removal of debris, removal of sediment, cleaning of catch basins and pipes, and repair and replacement of defective structures, equipment, or devices. During construction, sediment shall be removed from sediment traps, sediment ponds and other sediment collection facilities and points as soon as and whenever their total design capacity has been reduced for any reason or cause by 50%.

Postdevelopment maintenance of stormwater management facilities designed and constructed on a residential subdivision shall be performed by a homeowners' association, or other individual, partnership, association, corporation, owner or other legally responsible party, or a drainage district established by the City Council in order to provide for required maintenance activities. Appropriate easements shall be provided to the City and to other parties as necessary for access to and maintenance of all stormwater management facilities. Costs for maintenance shall be borne either by a homeowners' association, or other individual, partnership, association, corporation, owner or other legally responsible party, or a drainage district. Costs associated with maintenance within a district shall be assessed to each individual property annually on an ad valorem basis, as same is approved by the State Comptroller and as is assessed and administered under law.

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 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.

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 all reasonable times for periodic inspection by the City of Newburgh 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 Corporation Counsel for the City of Newburgh.

Stormwater management and maintenance after construction.

Owners and/or other responsible parties are hereby made responsible for the continued operation and maintenance of all stormwater management facilities on properties, construction sites and subdivisions. The policy of the City of Newburgh is to reduce negative impacts associated with construction activities, including reducing impacts to receiving water quality, as well as to maintain appropriate erosion, runoff and flood control from developed sites. All temporary soil erosion and sediment control devices and appurtenances required during the construction phase shall be maintained until sites become stabilized either through the provision of impervious surfaces or the establishment of vigorous vegetative growth, or the permanent establishment of such facilities and controls as the Stormwater Management Officer may reasonably require. All areas disturbed during construction shall be revegetated sufficiently to control erosion from all disturbed areas. Prior to issuance of a certificate of occupancy for a site plan or the first residential structure on a subdivision, the involved engineer shall certify to the Stormwater Management Officer that all stormwater management facilities have been constructed in conformance with the applicable stormwater pollution prevention plan. All appropriate and necessary elements of the stormwater pollution prevention plan shall become part of the approved site plan/subdivision and shall be enforceable by the City Code Enforcement Officer. The City of Newburgh hereby recognizes that the stormwater pollution prevention and soil erosion sediment control plans are an important part of site development plans and therefore require enforcement of the implementation of said plans as part of the site development building permit process, as well as of such other and further legal procedures as may be proper under applicable law, rules and regulations. All site plans and subdivisions which are subject to this stormwater management article shall contain appropriate notes under seal of the authorized and licensed professional responsible therefor requiring ongoing maintenance of all stormwater management facilities and devices during construction. Annual review and inspection of the stormwater management facilities by the owner, homeowners' association, or other responsible party, or district, as may be applicable, shall be required; and such other further and more-frequent reviews, inspections and reports thereupon shall be performed as the Stormwater Management Officer may reasonably require.

The owner or operator of permanent stormwater management practices installed in accordance with this article shall be operated and maintained to achieve the goals of this article. Proper operation and maintenance shall include, as a minimum, the following:

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.

Written procedures for operation and maintenance and training and qualification of new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.

Maintenance agreements. The City of Newburgh may 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 this article and all applicable provisions of local or state codes, rules and regulations. The City of Newburgh, 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.

Maintenance bonds; required documents and filing.

Construction completion guaranty. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the City in its approval of the stormwater pollution prevention plan, the City may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the City of Newburgh as the beneficiary. The security shall be in an amount to be determined by the City based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guaranty shall remain in force until the surety is released from liability by the City, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) has (have) been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the City. Per-annum interest on cash escrow deposits, if any, shall be reinvested in the account until the surety is released from liability.

§ 248-74 Administrative authority; inspections; reports; recordkeeping.

Maintenance guaranty. 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, in the City's discretion, to provide the City with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the City may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. Owners, developers and/or their authorized agents shall execute necessary agreements, documents, deed restrictions, covenants or easements, and any and all other required documents required to comply with this and other provisions of this article and shall be responsible for satisfying all filing and certification requirements prior to final approval of a residential subdivision by the City Planning Board.

The Stormwater Management Officer (SMO), the City Engineer, the Director of Code Compliance and any City officer designated as such by the City Manager, including the City Manager, shall have the authority to administer, implement and enforce the provisions of this article.

Construction inspection.

Whenever a project subject to the provisions of this article is undertaken, whenever any stormwater management facility is installed on public or private property, or whenever any new connection is made between private property and the City stormwater system, the City of Newburgh City Engineer, Code Compliance Supervisor and/or Stormwater Management Officer 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 any stormwater pollution prevention plans (SWPPPs) as approved. The owner or responsible party shall grant to the City the right to enter upon the property at any and at all reasonable times for the purpose of performing any or all of the inspections referenced herein. To obtain inspections, the applicant shall notify the City of Newburgh Code Compliance Office at least 72 hours before any of the following, as required by the City:

Start of construction.

Installation of sediment and erosion control measures.

Completion of site clearing.

Completion of rough grading.

Completion of final grading.

Close of the construction season.

Completion of final landscaping.

Successful establishment of landscaping in public areas.

§ 248-76 Enforcement; penalties for offenses; civil action and other remedies.

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 City.

Stormwater management practice inspections. The City Engineer and/or Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, as may be required by the City Engineer and/or Stormwater Management Officer, 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 discharge 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 not be 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. A report of such inspection shall be prepared following each such inspection and shall be kept on file for ready access at all reasonable times by the City official responsible therefor.

Submission of reports. The City Engineer and/or Stormwater Management Officer, in their discretion, may require monitoring and reporting, in writing, from entities subject to this article as are necessary to determine compliance with this article at any and all times.

Recordkeeping. The City Engineer and/or Stormwater Management Officer may require entities subject to this article to maintain records demonstrating compliance with this article. Such records shall be maintained in a current and audit-ready condition at all times and shall be made available for City inspection at the City's request at all reasonable times.

§ 248-75 Fees for services. [1]

[Amended 6-18-2012 by L.L. No. 3-2012]

The City of Newburgh may require any person undertaking land development or other activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SWP maintenance performed by the City or performed by a third party for or on behalf of the City. The City may require the payment of such fees and/or the establishment of an escrow account in an amount to be determined by the City upon the recommendation of the Stormwater Management Officer to provide a fund sufficient to pay the reasonably anticipated costs thereof.

[1]

Editor's Note: Former § 248-75, Prohibited discharges; penalties; civil action and other remedies, was repealed 6-18-2012 by L.L. No. 3-2012, which local law also provided for the renumbering of the remaining sections of this article.

[Amended 6-18-2012 by L.L. No. 3-2012]

Notice of violation.

The City shall have the right to gain access to and to inspect any stormwater sewer or other collection system or conduit, whether man-made or natural or a combination of both, in the same manner and with the same authority as provided by this article or by any law, code, rule or regulation which provides the City with the authority to gain access to and inspect property and structures to ensure and enforce compliance with all state and local building, fire, safety and health codes, rules and regulations, including but not limited to this article. When the City determines that a land development activity is not being carried out in accordance with the requirements of this article or that a person has violated a provision hereof, it may issue a written notice of violation to the landowner, operator, person responsible for same or the discharger. The notice of violation shall contain:

The name and address of the landowner, developer, applicant, operator, discharger and/or responsible party.

The address, when 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 measures required of the owner, operator, person responsible or discharger necessary to bring the land development activity and/or to eliminate any illicit or illegal connections or discharges and to bring such premises and persons into compliance with this article, and a time schedule for the completion of such remedial action.

A statement of the penalty or penalties that are, shall be or may be assessed against the person to whom the notice of violation is directed.

A statement and description of any monitoring, analysis and reporting requirements to be imposed.

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 with the Code Compliance Office.

The description of the required implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Cease-and-desist/stop-work orders. The City may issue a cease-and-desist and/or a stop-work order for violations of this article. Persons receiving a cease-and-desist or stop-work order shall be required to halt all land development activities except those activities that address the violations leading to the order as the City may allow. The order shall be in effect until the City confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to obey an order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.

Injunctions. Any land development or other activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law. The City may recover from the violator(s) any and all of its costs and expenses, including attorneys' fees incurred in securing injunctive relief, fines or other relief or remedies.

Withholding of certificate of occupancy or other approval or permit. If any building or land development or other activity is installed or conducted in violation of this article, the Stormwater Management Officer and/or Code Enforcement Officer may prevent the occupancy of said building or land by withholding, suspending or rescinding a certificate of occupancy or other permit issued by any City agency or official.

Restoration of lands. Any violator may be required to restore land and related facilities to their undisturbed condition and to remove or to require corrections of defective or noncompliant or illegal connections to any storm sewer system or other system or conduit, whether man-made or natural or any combination thereof. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid. If said cost remains unpaid, it shall become a tax upon the premises and may be enforceable by the City in the same manner as provided by law for the enforcement of unpaid taxes, as provided for and as described in § 248-65A(2) hereinabove.

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the SMO to the City Manager within 15 days of its issuance, who shall hear the appeal within 30 days after the filing of the appeal and, within five days of making a decision, shall file such decision in the office of the Municipal Clerk and mail a copy of the decision by certified mail to the violator(s).

Alternative remedies.

Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the City Manager and/or SMO and/or Director of Code Compliance, where:

The violation was unintentional.

The violator has no history of previous violations of this article.

Environmental damage was minimal.

The violator acted quickly to remedy the violation.

The violator cooperated in investigation and resolution.

Other significant mitigating factors exist.

Alternative remedies may consist of one or more of the following:

Attendance at compliance workshops.

Storm drain stenciling or storm drain making.

River, stream or creek cleanup activities.

Any other activity deemed by the City to be a significant contribution to the health, safety and welfare of the City of Newburgh, its citizens and/or the environment.

Penalties. Any person who commits any act in violation of any provision of this article shall be deemed to have committed an offense and shall be liable for penalties imposed herein for such violation. Each act committed in violation of any provision of this article shall constitute a separate offense. Each day a violation continues shall be deemed a separate act.

Except as otherwise provided in this article, for every violation of every provision of this article, a person shall be subject to a fine of not less than $200 but not more than $1,000 or imprisonment not exceeding 15 days, or both.

Any person violating this article shall be subject to a civil penalty enforceable and collectable by the City in the amount of $500 for each such offense.

In addition to the above-provided penalties, the City also may bring an action or proceeding in the name of the City in the City Court of the City of Newburgh, or other court of competent jurisdiction, to compel compliance with, or to restrain by injunction or otherwise, the violation of this article, or of the New York State Department of Environmental Conservation Rules and Regulations, notwithstanding that a penalty or other enforcement measure for such violation has otherwise been provided or imposed.