[HISTORY: Adopted by the Town Board of the Town of Guilderland as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-2007 by L.L. No. 1-2007]
The purpose of this article of the Town Code is to provide for the health,
safety, and general welfare of the citizens of the Town through the regulation
of nonstormwater discharges, hereinafter defined, to the MS4 to the maximum
extent practicable as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the MS4, hereinafter
defined, in order to comply with requirements of the SPDES, hereinafter defined,
general permit for MS4s. The objectives of this article are:
A.
To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02 or as amended or
revised;
B.
To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, hereinafter defined,
activities and discharges to the MS4;
D.
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this article; and
E.
To promote public awareness of the hazards involved in
the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater
(as hereinafter defined), grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is stated
in a definition applicable to only a portion of this article, the following
terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity, GP-02-01, as amended or revised, a
copy of which is annexed hereto as Appendix A.[1] These activities include construction projects resulting in land
disturbance of one or more acres. Such activities include but are not limited
to clearing and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
Any conveyances which allow any nonstormwater discharge, including treated
or untreated sewage, process wastewater, and wash water, to enter the MS4
and any connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed,
permitted, or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land
use to the MS4 which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 241-5 of this article.
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
A conveyance or system of conveyances, including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains:
Any discharge to the MS4 that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, agricultural waste and ballast discharged
into water which may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards: the condition that
applies where the Town has been notified that the discharge of stormwater
authorized under its MS4 permit may have caused or has the reasonable potential
to cause or contribute to the violation of an applicable water quality standard.
Under this condition the Town must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality standards.
303(d)-listed waters: the condition in the Town's MS4 permit that applies
where the MS4 discharges to a surface water listed in Section 303(d) of the
Clean Water Act as amended by the Water Quality Act of 1987, Public Law 100-4.
Under this condition the stormwater management program must ensure no increase
of the listed pollutants of concern to the 303(d)-listed water.
Total maximum daily load (TMDL) strategy:
The condition in the Town's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for a water
body or watershed into which the MS4 discharges.
The condition in the Town's MS4 permit that applies if a TMDL is approved
in the future by the EPA for any water body or watershed into which an MS4
discharges. Under this condition the Town must review the applicable TMDL
to see if it includes requirements for control of stormwater discharges. If
an MS4 is not meeting the TMDL stormwater allocations, the Town must, within
six months of the TMDL's approval, modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in the TMDL
is achieved.
State Pollutant Discharge Elimination System.
A permit issued by the DEC that authorizes the discharge of pollutants
to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the Town Engineer or other public official(s) designated
by the Town to enforce this article. The SMO may also be designated by the
Town to accept and review stormwater pollution prevention plans, forward the
plans to the applicable Town board and inspect stormwater management practices.
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the DEC as required by Section
303(d) of the Clean Water Act as amended by the Water Quality Act of 1987,
Public Law 100-4. Section 303(d)-listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not expected
to improve within the next two years.
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
The Town of Guilderland.
Water that is not stormwater and which is contaminated with pollutants
and is or will be discarded.
[1]
Editor's Note: Appendix A is on file in the Town offices.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this
article. Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMO as may be authorized by the
Town.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this article, unless the DEC or the Town has determined them
to be substantial contributors of pollutants: water line flushing or 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 wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2)
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.
(3)
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.
(4)
The 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 DEC, 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time
of connection.
(3)
A person is considered to be in violation of this article
if the person connects a line conveying sewage to the Town's MS4 or allows
such a connection to continue.
A.
Activities that are subject to the requirements of this
section are those types of activities that:
B.
Such activities include improper management of pet waste
or any other activity that causes or contributes to violations of the Town's
MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Town's MS4 SPDES
permit authorization, that person shall take all reasonable actions to correct
such activities such that he or she no longer causes or contributes to violations
of the Town's MS4 SPDES permit authorization.
Best management practices. Where the SMO has identified illicit discharges, as defined in § 241-2 of this article, or activities contaminating stormwater, as defined in § 241-6 of this article, the Town may require implementation of BMPs to control those illicit discharges and activities.
A.
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.
B.
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, as defined in § 241-2 of this article, or an activity contaminating stormwater, as defined in § 241-6 of this article, 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.
C.
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 section.
A.
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
danger to the environment, to the health or welfare of a person, or to the
MS4. 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 SMO may
take such steps as deemed necessary to prevent or minimize damage to the MS4
or to minimize danger to any person.
B.
Suspension due to the detection of illicit discharge.
Any person discharging to the Town's MS4 in violation of this article may
have its 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 SMO for a reconsideration and hearing. Access may be granted by the SMO
if he/she finds that the illicit discharge has ceased and the discharger has
taken steps to prevent its recurrence. Access may be denied if the 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 SMO.
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 Town
prior to the allowing of discharges to the MS4.
A.
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.
B.
Access to facilities.
(1)
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 discharger has security measures in force
which require proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access to the
SMO.
(2)
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.
(3)
The Town 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.
(4)
The Town has the right to require the facilities subject
to this article to install monitoring equipment 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 the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
An unreasonable delay in allowing the Town access to
a facility subject to this article is a violation of this article. A person
who is the operator of a facility subject to this article commits an offense
if the person denies the Town reasonable access to the facility for the purpose
of conducting any activity authorized or required by this article.
(6)
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.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation, or responsible for emergency response for a 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,
containment, and cleanup of such release. In the event of such a release of
hazardous materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the event of
a release of nonhazardous materials, said person shall notify the Town 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 Town 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 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 three years.
A.
Notice of violation.
(1)
When the Town's SMO finds that a person has violated
a prohibition or failed to meet a requirement of this article, he/she may
order compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(a)
The elimination of illicit connections or discharges;
(b)
That violating discharges, practices, or operations shall
cease and desist;
(c)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(d)
The performance of monitoring, analyses, and reporting;
(e)
Payment of a fine; and
(f)
The implementation of source control or treatment BMPs.
(2)
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.
B.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine up to
$5,000 but not less than $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 up to $10,000 but not less than $500 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 up to $15,000 but not less than $700 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
article shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each week's
continued violation shall constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town Board within 15 days of its issuance, which Board shall
hear the appeal within 30 days after the filing of the appeal and, within
five days of making its decision, file its decision in the office of the Town
Clerk and mail a copy of its decision by certified mail to the discharger.
A.
If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the Town authority upholding
the decision of the SMO, then the SMO shall request the owner's permission
for access to the subject private property to take any and all measures reasonably
necessary to abate the violation and/or restore the property.
B.
If refused access to the subject private property, the
SMO may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek a court
order to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. If a person has violated
or continues to violate the provisions of this article, the SMO may petition
for a preliminary or permanent injunction restraining the person from activities
which would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
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 Town Attorney and concurrence of the SMO, where:
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this article is a threat to public health, safety, and welfare and is declared
and deemed a nuisance and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies
available under any applicable federal, state or local law, and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
[Adopted 10-16-2007 by L.L. No. 2-2007]
It is hereby determined that:
A.
Development of real property 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 water-borne pollutants, including more silt in aquatic habitat 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 habitat. Improper clearing of vegetation and burial of vegetative
and other wastes can result in unstable soil conditions and the production
of noxious gases through decomposition of said wastes.
D.
Improper design and construction of SMPs can increase
the velocity of stormwater runoff, thereby increasing streambank erosion and
sedimentation.
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream base flow.
F.
Substantial economic losses can result from these adverse
impacts on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from development activities.
H.
The regulation of stormwater runoff discharges from real
property 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.
I.
Regulation of 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 article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,
and welfare of the public residing within this jurisdiction and those jurisdictions
dependent on our water quality and to address the findings of fact above.
This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 (construction
runoff) and 5 (postconstruction maintenance) of the SPDES general permit for
stormwater discharges from municipal separate stormwater sewer systems (MS4s)
Permit No. GP-02-02 or as amended or revised;
B.
Require work on real property to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit for construction
activities GP-02-01 or as amended or revised;
C.
Minimize increases in stormwater runoff from activities
on real property in order to reduce flooding, silt, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize or decrease pollution caused by stormwater runoff
from activities on real property which would otherwise degrade local water
quality;
E.
Minimize or decrease the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable;
F.
Reduce or decrease stormwater runoff rates and volumes,
soil erosion and nonpoint source pollution, wherever possible, through SMPs
and to ensure that these management practices are properly maintained and
eliminate threats to public safety. Specific consideration of stormwater runoff
shall be provided to critical watersheds; and
G.
Eliminate unstable soil conditions and the production
of noxious gases which result from improper stormwater practices, improper
grading practices, improper clearing of vegetation and the burial of vegetative
and other wastes.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meanings as set forth in this section.
The activity of an active farm, including grazing and watering livestock,
irrigating crops, harvesting crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of a dude
ranch or similar operation or the construction of new structures associated
with agricultural activities.
Any structure, either temporary or permanent, having walls or a roof,
designed for the sheltering 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.
Any activity that removes the vegetative surface cover.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as amended.
This manual serves as the official guide for stormwater management principles,
methods and practices.
The New York Standards and Specifications for Erosion and Sediment
Control manual, as amended. This is commonly known as the "Blue Book."
Surfaces, improvements and structures that cannot effectively be
infiltrated by rainfall, snowmelt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
An activity, including clearing, grubbing, grading, excavating, soil
disturbance or placement of fill, that results in land disturbance of equal
to or greater than one acre, or an activity disturbing less than one acre
of total land area that is part of a larger common plan of development or
sale, 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 document which provides for long-term maintenance of SMPs. It is
anticipated this document will be recorded in the Albany County Clerk's office
and will act as a property deed restriction or encumbrance.
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.
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 silt) 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.
Any construction or development activity upon real property.
The replenishment of underground water reserves.
Measures that prevent sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened, endangered
or special concern species.
The New York State Pollutant Discharge Elimination System.
An SPDES permit issued to developers of construction activities to
regulate disturbance of one or more acres of land, a copy of which is annexed
hereto as Appendix A.[1]
An SPDES permit 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, a copy of
which is annexed hereto as Appendix B.[2]
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.
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 SMPs installed, stabilized and operating for the
purpose of controlling stormwater runoff.
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.
An employee or officer designated by the Town Board to accept and
review stormwater pollution prevention plans, forward the plans to the applicable
Town board or department, inspect SMPs, and enforce this article.
A plan for controlling stormwater runoff and pollutants from a site
during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
waterways, 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.
See "stormwater pollution prevention plan."
The Town of Guilderland.
Engineering consultants as are determined to be necessary by the
respective Town board to enable full performance of that board's duties.
A.
This article shall be applicable to all real property
within the Town.
B.
All land development activities subject to subdivision,
site plan review and/or special use permits shall be reviewed subject to the
standards contained in this article. In this instance, the SWPPP shall be
submitted along with the subdivision, site plan application and or special
use permit.
C.
All land development activities not subject to subdivision,
site plan review and/or a special use permit shall be required to submit an
SWPPP to the SMO, who shall review the SWPPP for compliance with the requirements
of this article.
Notwithstanding the foregoing, the following activities are exempt from
the permit requirements under this article. However, even those projects which
are exempt from the permit requirements must meet the standards set forth
in this article.
A.
Agricultural activity as defined in this article.
B.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
C.
Repairs to any SMP or stormwater management facility
deemed necessary by the SMO.
D.
Cemetery graves.
E.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
F.
Emergency activities immediately necessary to protect
life, property or natural resources.
G.
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.
H.
Landscaping and horticultural activities in connection
with an existing structure that do not change the drainage patterns.
I.
Creation or restoration of wetlands pursuant to a state
or federal wetlands permit.
J.
Creation, restoration, or preservation of pine bush habitat
by the Albany Pine Bush Preserve Commission.
A.
SWPPP requirement. No approval of a land development
activity shall be issued until an SWPPP has been accepted in accordance with
the specifications in this article. A grading permit shall be issued along
with the approved SWPPP.
B.
Contents of SWPPPs. All SWPPPs shall, at a minimum, have
an erosion and sediment control plan which shall provide the following background
information and erosion and sediment controls. Development within impaired
watersheds or where a five-acre variance request is submitted to the DEC may
require additional data.
(1)
Background information about the scope of the project,
including location, type and size of project and preconstruction photographs
of the site and immediate downstream conditions in a digital format.
(2)
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale no smaller than
one inch equals 100 feet (e.g., one inch equals 500 feet is smaller than one
inch equals 100 feet). At a minimum, the site map should show:
(a)
The total site area;
(b)
All improvements;
(c)
Areas of disturbance;
(d)
Areas that will not be disturbed;
(e)
Existing vegetation;
(f)
On-site and adjacent off-site surface water(s);
(g)
Wetlands and drainage patterns that could be affected
by the construction activity;
(h)
Existing and final slopes;
(i)
Locations of on-site and off-site material, waste, borrow
or equipment storage areas; and
(j)
Location(s) of the stormwater discharges(s).
(3)
Description of the soil(s) present at the site.
(4)
A construction phasing plan describing the intended sequence
of construction activities, including clearing and grubbing, excavation and
grading, utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the Erosion Control
Manual, not more than five acres shall be disturbed at any one time unless
pursuant to an approved SWPPP and DEC variance approval.
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials expected
to be stored on site with updates as appropriate, and a description of controls
to reduce pollutants from these materials, including storage practices to
minimize exposure of the materials to stormwater, and spill prevention and
response.
(7)
Information regarding the location of disposal of any
material to be removed from the site. Off-site disposal areas may not be within
regulated wetlands, buffer zones, protected watercourse areas, or other environmentally
sensitive areas unless applicable permits are obtained. The proposed method
of any on-site processing and reuse of organic materials shall be specified
and may require certification by a New York State registered professional
engineer or landscape architect as a safe and effective means of disposal.
(8)
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.
(9)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(10)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(11)
Temporary practices that will be converted to permanent
control measures.
(12)
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.
(13)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(14)
Name(s) of the receiving water(s).
(15)
Delineation of SWPPP implementation responsibilities
for each part of the site.
(16)
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.
(17)
Any existing data that describes the stormwater runoff
at the site.
(18)
A slope stability analysis, if requested by a Town department
or board, where grading is proposed on steep or slippage-prone slopes.
(20)
A "Stormwater Maintenance Escrow Agreement" if the stormwater
facilities are being conveyed to the Town once they are installed and approved,
or a "Stormwater Control Facility Maintenance Agreement" if the stormwater
facilities will remain privately owned. Either of these agreements can be
obtained from the Town, copies of which are annexed hereto as Appendixes D
and E.[2]
[2]
Editor's Note: Appendixes D and E are on file at the Town offices.
C.
Postconstruction stormwater runoff control.
(1)
In addition to the SWPPP described above, land development
activities meeting any of the three conditions below shall also be required
to provide a report as to water quantity and water quality controls (postconstruction
stormwater runoff controls):
(a)
Stormwater runoff from project 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; or
(b)
Stormwater runoff from land development activities disturbing
five or more acres at one time; or
(c)
Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the DEC's
list of impaired waters as set forth in Section 303(d) of the Clean Water
Act, as amended by the Water Quality Act of 1987, Public Law 100-4, or a total
maximum daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
The additional report to be provided for postconstruction
stormwater controls shall be provided with the SWPPP application and shall
include:
(a)
Description of each postconstruction SMP.
(b)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction SMP.
(c)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms.
(d)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(e)
Dimensions, material specifications and installation
details for each postconstruction SMP.
(f)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction SMP.
(g)
Maintenance easements to ensure access to all SMPs 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.
(h)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 241-26 of this article.
(i)
If the land development activity meets either of the conditions described in § 241-24C(1)(b) or (c) above (activity disturbs five acres or more or runoff discharges a pollutant of concern to either an impaired water or a TMDL-designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all SMPs meet the requirements in this article.
D.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
who will be involved in soil disturbance and/or SMP 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."
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(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.
(4)
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.
Every soil disturbance shall meet the criteria set forth in the New
York Standards for Erosion and Sediment Control, and all land development
activities shall be subject to all of the following performance and design
criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. SMPs that are designed and constructed in accordance
with these technical documents shall be presumed to meet the standards imposed
by this article:
B.
Equivalence to technical standards. Where SMPs are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in the Design Manual [see Subsection A(2) above], and the SWPPP shall be prepared by a landscape architect, CPESC, soil scientist or professional engineer.
C.
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.
D.
Permitting process; additional standards.
(1)
Applications shall be made on forms prescribed by the
Town, which shall be accompanied by the required fee, if any, established
by the Town Board.
(2)
The SMO or other Town designee shall review the application
and act to approve, approve with modification, or deny the requested SWPPP.
(3)
In the event that the submittal is denied, the applicant
may have the decision reviewed by the Town Planning Board.
(4)
The smallest practical area of land shall be exposed
at any one time during the project.
(5)
When land is exposed during development, the exposure
shall be kept to the shortest practical period of time.
(6)
To protect areas in excess of one acre exposed for a
period over two weeks during development, the following controls shall be
applied:
(a)
Temporary vegetation, mulch, geotextiles, and/or emulsion
shall be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment;
(b)
On areas that will be exposed for short periods of time
(daily) where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO; and
(c)
On areas such as temporary roadways, when dry conditions
prevail, the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7)
Sediment basins, debris basins, silting basins, silt
fencing, or silt traps shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(8)
Permanent final vegetation and structures shall be installed
as soon as practical in the development.
(9)
The development plan should be fitted to the type of
topography and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should be retained
and protected.
(11)
In areas of proposed fill, all existing vegetation and
other organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate off-site
facility or processed for reuse on site in a manner that will not be conducive
to adverse effects of decomposition, such as the production of odors or of
concentrations of noxious or explosive gases or the creation of unstable subsurface
conditions. The proposed method of on-site processing and reuse shall be specified
in the permit application and may require certification by a licensed professional
engineer as a safe and effective means of disposal.
(13)
All fill placed on the site shall be as free of organic
material as is practicable.
E.
Deposit; performance of site work; inspection.
(1)
To ensure that the site work is performed in accordance
with the controls of this article, before obtaining approval the applicant
shall deposit with the Town a cash escrow as set forth in the fee schedule
adopted by the Town Board by separate resolution.
(2)
Said site work shall be performed and completed in accordance
with the approved plan and schedule of vegetation removal and disposal, grading,
construction operation and erosion control methods on file with the SMO or
other designated party at the time of issuance of the approval.
(3)
Upon completion of the site work set forth in the plan, the applicant will request the SMO or TDE to inspect the work; upon approval of the site work, the SMO or TDE will direct the Town to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4)
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Town and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Town pursuant to Subsection E(1) above, and the Town shall be authorized to pay any charge or charges approved by the SMO or TDE without further approval of the applicant. If the Town should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Town after completion of said site work shall be returned to the applicant.
A.
Maintenance and inspection during construction.
(1)
The Town, or its designee, shall have the power to make
necessary inspections. The Town may employ, at its discretion, a Construction
Inspector to act as its agent for the purpose of assuring satisfactory completion
of permit requirements. The inspection provided may include, but not necessarily
be limited to, all grading, drainage, stormwater management systems and erosion
control measures and may include soil testing as necessary to determine compliance
with the provisions of this article and the conditions of the approval.
(2)
The Town, or its designee, will determine an amount sufficient
to defray the costs of such inspection. The applicant shall deposit said amount
of moneys with the Town in an escrow account prior to the issuance of the
approval. The Town shall be authorized to pay the costs of inspection by its
Construction Inspector from the moneys on deposit in said account and shall
return to the applicant any such moneys, including interest, on balance in
the account at the time of completion of the permitted site work, provided
that all inspection costs have been paid. If the moneys on deposit prove to
be insufficient for the costs of required inspections, the Town shall require
that the applicant deposit additional moneys in an amount sufficient to satisfy
the costs of such additional inspections as may be required.
(3)
The applicant or developer of the land development activity
or his representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve compliance
with the conditions of this article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%.
(4)
For land development activities meeting any of the conditions set forth in § 241-24C(1) above (project activity of between one and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties; stormwater runoff from land development activities disturbing five or more acres; or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL-designated watershed), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
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 to ensure that the stormwater management
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 Albany County Clerk after approval
by the Town Attorney.
C.
Maintenance after construction. The owner or operator
of permanent SMPs installed in accordance with this article shall ensure they
are operated and maintained to achieve the goals of this legislation. 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 article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town shall approve a formal
maintenance agreement for stormwater management facilities which are going
to be privately owned after construction. The agreement shall be binding on
all subsequent landowners and recorded in the office of the Albany 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 a sample Stormwater Control Facility Maintenance Agreement, a copy of which
is annexed hereto as Appendix E.[1] The Town, 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.
[1]
Editor's Note: Appendix E is on file in the Town's offices.
A.
Inspection.
(1)
In addition to the DEC inspections required to be performed
by the applicant, the Town SMO, or the SMO's designee, may require such inspections
as necessary to determine compliance with this article and may either approve
that portion of the work completed or notify the applicant wherein the work
fails to comply with the requirements of this article and the SWPPP as approved.
To obtain inspections, the applicant shall notify the Town enforcement official
at least 24 hours before any of the following or as required by the SMO:
(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; or
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted on the site, including
on structures located thereon, except for site stabilization, until any violations
are corrected and all work previously completed has received approval by the
SMO.
B.
Inspection of stormwater facilities after project completion.
(1)
Inspection programs shall be established on any reasonable
basis, including but not limited to:
(a)
Routine inspections;
(b)
Random inspections;
(c)
Inspections based upon complaints or other notice of
possible violations;
(d)
Inspection of drainage basins or areas identified as
higher-than-typical sources of sediment or other contaminants or pollutants;
(e)
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
(f)
Joint inspections with other agencies inspecting under
environmental or safety laws.
(2)
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 SMPs.
C.
Submission of reports and records plans. The Town SMO
may require monitoring and reporting from entities subject to this article
as are necessary to determine compliance with this article. All applicants
are required to submit record plans for any SMPs located on site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by a licensed
professional.
D.
Right of entry for inspection. When any new stormwater
management facility is installed on private property or when any new connection
is made between private property and the public stormwater system, the landowner
shall grant to the Town the right to enter the property at reasonable times
and in a reasonable manner for the purpose of inspection.
E.
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 in its approval of
the SWPPP, the Town 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 Town as the beneficiary.
The security shall be in an amount to be determined by the Town 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, 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 Town.
Per annum interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
F.
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 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 Town may draw
upon the account to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
G.
Recordkeeping. The Town may require entities subject
to this article to maintain records demonstrating compliance with this portion
of the Town's local laws and regulations.
H.
Notice of violation. When the Town determines that a
project is not being carried out in accordance with the requirements of this
article, it may issue a written notice of violation to the landowner and also,
if necessary, to the developer, the builder, the subcontractor or anyone else
responsible for the work being performed. 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 project into compliance with this article, and a time schedule for the
completion of such remedial action.
(5)
A statement of the penalty or penalties that 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 Town by filing a written notice of appeal within 15 days of
service of notice of violation.
I.
Stop-work orders. The Town may issue a stop-work order
for violations of this article. Persons receiving a stop-work order shall
be required to half all work of any nature on the site, including on any structures
located thereon, except those activities that address the violations leading
to the stop-work order. The stop-work order shall be in effect until the Town
confirms that the project 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 article.
J.
Violations. Any land development 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.
K.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article law shall be guilty of a violation punishable by a fine up
to $5,000 but not less than $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 up to $10,000 but not less than $500 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 up to $15,000 but not less than $700 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 article shall be deemed misdemeanors, and for such purpose only, all
provisions of law relating to misdemeanors shall apply to such violations.
Each week's continued violation shall constitute a separate additional violation.
L.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
article, the SMO may prevent the occupancy of said building or land.
M.
Restoration of lands. Any violator may be required to
restore and repair any damage resulting from noncompliance with the regulations
herein. In the event that restoration or repair is not undertaken within a
reasonable time after notice, the Town may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
The Town may require any person undertaking activities regulated by
this article to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by Town personnel or performed by
a third party for the Town.
