Village of Hastings-on-Hudson, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 12-11-2007 by L.L. No. 5-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Environmental quality review — See Ch. 131.
Flood damage prevention — See Ch. 146.
Steep slopes — See Ch. 249.
Zoning — See Ch. 295.
250a Schedule A1 250b Schedule A2 250c Schedule A-3 250d Schedule B
[1]
Editor's Note: This local law also superseded former Ch. 250, Stormwater Management, consisting of Art. I, Design and Practices Requirements, adopted 11-4-2003 by L.L. No. 6-2003.
The Board of Trustees hereby determines:
A. 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
B. 
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species.
C. 
Clearing, grading, excavating, soil disturbance, or placement of fill during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
D. 
Improper design and construction of stormwater management practices 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 baseflow.
F. 
Substantial economic losses can result from these adverse impacts on the waters of the Village.
G. 
Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
H. 
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
I. 
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
The purpose of this 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 the Village of Hastings-on-Hudson and to address the legislative findings in § 250-1 above. This article seeks to meet those purposes by achieving the following objectives:
A. 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised.
B. 
Require land development activities 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 land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels.
D. 
Minimize increases in pollution caused by stormwater runoff from land development activities that would otherwise degrade local water quality.
E. 
Minimize the total annual volume of stormwater runoff that flows from any specific site during and following development to the maximum extent practicable.
F. 
Reduce stormwater runoff rates and volumes, soil erosion, and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.
G. 
Encourage the use of green infrastructure practices to control stormwater runoff, such as protecting natural areas, reducing impervious cover, and using runoff reduction techniques, to the maximum extent practicable.
[Added 1-18-2011 by L.L. No. 2-2011]
A. 
This article shall be applicable to all land development activities as defined in § 250-5. It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in § 250-4, in the absence of a stormwater pollution prevention plan (SWPPP) approved by the Stormwater Management Officer or other approving authority as specified in Subsection B below.
B. 
The Stormwater Management Officer shall be the approving authority for all stormwater pollution prevention plans, except as follows:
(1) 
The Planning Board shall be the approving authority for any application involving property that is also the subject of a pending site plan, subdivision, or steep slopes application or other application requiring Planning Board approval.
(2) 
The Zoning Board of Appeals shall be the approving authority for any application involving property that is also the subject of a pending special permit application if the application does not require Planning Board approval.
C. 
The approving authority may review the plans; engage the services of a registered professional engineer to review the plans, specifications, and related documents in accordance with Chapter 223, Professional Fees; or accept the certification of a licensed professional that the plans conform to the requirements of this article.
The following activities may be exempt from review under this article:
A. 
Agricultural activity as defined in this article.
B. 
Silvicultural activity.
C. 
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade.
D. 
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
E. 
Land development activities for which a building permit has been approved and is still in effect on or before the effective date of this article.
F. 
Cemetery graves.
G. 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
H. 
Emergency activity immediately necessary to protect life, property, or natural resources.
I. 
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.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
Any individual or individuals, firm, partnership, association, corporation, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof, filing an application for a land development activity subject to the provisions of this article.
BOARD OF TRUSTEES
The Board of Trustees of the Village of Hastings-on-Hudson.
BUILDING
The term "building" as defined in § 295-5 of the Village Code now or as hereafter amended.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
GREEN INFRASTRUCTURE
Green infrastructure approaches infiltrate, evapotranspire or reuse stormwater, using soils and vegetation rather than hardscape collection, conveyance and storage structures. Common green infrastructure approaches include green roofs, trees and tree boxes, rain gardens, vegetated swales, pocket wetlands, infiltration planters, vegetated median strips, reforestation, and protection and enhancement of riparian buffers and floodplains.
[Added 1-18-2011 by L.L. No. 2-2011]
IMPERVIOUS COVER
Those surfaces, improvements, and structures that cannot effectively infiltrate rainfall, snowmelt, and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grubbing, grading, excavating, soil disturbance, or placement of fill that results in land disturbance of equal to or greater than 10,000 square feet in area.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction and that provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
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.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual or individuals, firm, partnership, association, corporation, company, organization, or other legal entity of any kind, including municipal corporations, governmental agencies, or subdivisions thereof.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
QUALIFIED INSPECTOR
A person who is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, Certified Professional in Erosion and Sediment Control (CPESC), or registered landscape architect, or someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has training in the principles and practices of erosion and sediment control.
[Added 1-18-2011 by L.L. No. 2-2011]
RECHARGE
The replenishment of undergroundwater reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SILVICULTURAL
Of or relating to the management and care of forests.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued by the duly authorized municipal authority that requires that all land development activity and other construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt, and drainage.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized, and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or undergroundwaters), that are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, that also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water that 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.
TRAINED CONTRACTOR
An employee from the contracting (construction) company, who has received four hours of Department-endorsed training in proper erosion and sediment control principles. After receiving the initial training, the trained contractor shall receive four hours of training every three years. It can also mean an employee from the contracting (construction) company that meets the qualified inspector qualifications.
[Added 1-18-2011 by L.L. No. 2-2011]
VILLAGE
The Village of Hastings-on-Hudson.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, that gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
No application for approval of a land development activity shall be reviewed until the appropriate approving authority has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications of this article.
A. 
All SWPPPs shall provide the following background information, erosion and sediment controls, and stormwater management measures:
(1) 
Background information about the scope of the project, including location, type, and size of project.
(2) 
Site map/construction drawing(s) for the project, at a scale no smaller than one inch equals 50 feet, 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(s).
(3) 
Description of the soil(s) present at the site.
(4) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP. The Village may opt to reduce the amount of land that may be exposed at any one time.
(5) 
Description of the pollution prevention measures that will be used to control construction materials, chemicals, and 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) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control, and sediment control for each stage of the project from initial land clearing and grubbing to project close-out.
(8) 
A site map/construction drawing(s), at a scale no smaller than one inch equals 50 feet, specifying the location, size, and length of each erosion and sediment control practice.
(9) 
Dimensions, material specifications, and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(10) 
Temporary practices that will be converted to permanent control measures.
(11) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place until the site is stabilized.
(12) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(13) 
Name(s) of the receiving water(s) and NYSDEC classifications, if applicable.
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(15) 
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.
(16) 
Any existing data that describes the stormwater runoff at the site.
(17) 
An acknowledgment by the landowner granting to the Village and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
(18) 
Description of each post-construction stormwater management practice, including documentation of the five-step planning process for stormwater management using green infrastructure as outlined in the Design Manual using the practices in Schedules A1, A2 and A3.[1]
[Amended 1-18-2011 by L.L. No. 2-2011]
[1]
Editor’s Note: Said schedules are included at the end of this chapter.
(19) 
Site map/construction drawings, at a scale no smaller than one inch equals 50 feet, showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
(20) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms, as per the manual specified in § 250-12.
(21) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(22) 
Dimensions, material specifications, and installation details for each postconstruction stormwater management practice.
(23) 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
B. 
In addition to the requirements of Subsection A above, SWPPPs for land development activities disturbing one or more acres and 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, must provide the following water quantity and/or water quality controls (post stormwater construction controls):
(1) 
Description of each post-construction stormwater management practice, including documentation of the five-step planning process for stormwater management using green infrastructure as outlined in the Design Manual using the practices in Schedules A1, A2 and A3.[2]
[Amended 1-18-2011 by L.L. No. 2-2011]
[2]
Editor’s Note: Said schedules are included at the end of this chapter.
(2) 
Site map/construction drawing(s), at a scale no smaller than one inch equals 50 feet, showing the specific location and size of each postconstruction stormwater management quality practice.
(3) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management quality system for the applicable design storms, as per the manual specified in § 250-12.
(4) 
Dimensions, material specifications, and installation details for each postconstruction stormwater management quality practice.
(5) 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management quality practice.
(6) 
Maintenance easements, where required, to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded and shall remain in effect with transfer of title to the property.
(7) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §§ 250-12 and 250-13.
The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control, professional engineer, or other professional deemed acceptable by the NYSDEC 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.
A. 
Each contractor and subcontractor identified in the SWPPP and/or any successor or substitute contractor or subcontractor 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."
B. 
The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
C. 
The certification statement(s) shall become part of the SWPPP for the land development activity and shall be retained on site.
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.
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.
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. Copies of the two manuals are on file the office of the Stormwater Management Officer.
A. 
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").
B. 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
A. 
The owner, applicant, or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the owner, 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%.
B. 
The owner, applicant or developer or their representative, one of which must be a trained contractor, 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 shall be conducted and inspection reports shall be completed by a landscape architect, certified professional in erosion and sediment control, professional engineer, or other professional deemed qualified by the NYSDEC every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be maintained in a site logbook and delivered to the Stormwater Management Officer. Construction activities disturbing five acres or more at any one time shall be inspected by a qualified inspector every seven days.
[Amended 1-18-2011 by L.L. No. 2-2011]
Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the owner, applicant, or developer must execute an easement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to the Village Attorney and shall provide for access to the facility at reasonable times for periodic inspection by the Village 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 Village Attorney.
The owner or operator of permanent stormwater management practices installed in accordance with this article shall operate and maintain the stormwater management practices to achieve the goals of this article. Proper operation and maintenance also includes, as a minimum, the following:
A. 
A preventive/corrective maintenance program for all facilities and systems of treatment and control (or related appurtenances) that are installed or used by the owner or operator to achieve the goals of this article.
B. 
Written procedures for operation and maintenance and training new maintenance personnel.
C. 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §§ 250-12 and 250-13.
A. 
Prior to the issuance of any final plan approval, the owner, applicant, or developer must execute a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners. The maintenance agreement shall be in a form acceptable to the Village Attorney and shall be recorded in the office of the County Clerk as a deed restriction on the property. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this article entitled, "Sample Stormwater Control Facility Maintenance Agreement."[1]
[Amended 1-18-2011 by L.L. No. 2-2011]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
B. 
The Village, 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.
A. 
The 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 when the work fails to comply with the requirements of this article and the stormwater pollution prevention plan as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer at least 48 hours before any of the following as required by the Stormwater Management Officer:
(1) 
Start of construction;
(2) 
Installation of sediment and erosion control measures;
(3) 
Completion of site clearing;
(4) 
Completion of rough grading;
(5) 
Installation of constructed stormwater improvements;
(6) 
Completion of final grading;
(7) 
Close of the construction season;
(8) 
Completion of final landscaping; and
(9) 
Successful establishment of landscaping in public areas.
B. 
If any violations are found, the owner, applicant, and/or 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 SMO.
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 New York State licensed land surveyor or professional engineer.
A. 
The Village Stormwater Management Officer is responsible for conducting inspections of stormwater management practices. The Stormwater Management Officer may utilize a certified professional in erosion and sediment control, a professional engineer, or other professional deemed acceptable by the NYSDEC.
B. 
Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type that are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
The SMO may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
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 Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
A. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village in its approval of the stormwater pollution prevention plan, the Village may require the owner, 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 Village as the beneficiary. The security shall be in an amount to be determined by the Village 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 Village, 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) 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 Village. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village 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 Village may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Entities subject to this article shall maintain records demonstrating compliance with this article.
A. 
Notice of violation. When the Village determines that a land development activity is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the landowner, applicant, contractor, subcontractor, and/or developer. The notice of violation shall contain:
(1) 
The name and address of the landowner, contractor, subcontractor, developer or applicant;
(2) 
The address when available or a description of the building, structure, or land upon which the violation is occurring;
(3) 
A statement specifying the nature of the violation;
(4) 
A description of the remedial measures necessary to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action; and
(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.
B. 
Stop-work orders. The Village may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development activities and other construction activities, except those activities approved by the Village that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.
C. 
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.
D. 
Penalties. In addition to any penalty provided herein or by other law, any person who violates the provisions of article shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 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 not less than $2,000 or more than $2,500 or imprisonment for a period not to exceed six months, or both. 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.
E. 
Withholding certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Stormwater Management Officer may prevent the occupancy of said building or land.
F. 
Restoration of lands. In addition to any penalty provided herein, any person in violation of this article may be required to restore land to its undisturbed condition and/or mitigate on-site and off-site damage from stormwater runoff, sediment, or pollutants resulting from the violator's activities. In the event that restoration or mitigation is not undertaken within a reasonable time after notice, the Village may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
Application fees established by resolution of the Village Board of Trustees shall be submitted with the application. In addition, in accordance with the provisions of Chapter 223 of the Village Code, any person undertaking land development activities regulated by this article shall reimburse the Village for the cost of professional services incurred by the Village for the review of SWPPPs and for the performance of inspections and/or maintenance activities as provided in this article. The Village may establish escrow accounts for these purposes as provided in Chapter 223 of the Village Code.
A. 
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Village of Hastings-on-Hudson through the regulation of nonstormwater discharges to the municipal separate storm sewer system (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 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Municipal Separate Storm Sewer Systems.
B. 
The objectives of this article are:
(1) 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process, or discharge nonstormwater wastes.
(2) 
To prohibit illicit connections and discharges to the MS4.
(3) 
To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this article.
As used in this article, the following terms shall have the meanings indicated:
BEST MANAGEMENT PRACTICES (BMPs)
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.
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination thereof, that 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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 250-31A of this article.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the MS4, including but not limited to:
A. 
Any conveyances that allow any nonstormwater discharge, including but not limited to 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 agency; or
B. 
Any drain or conveyance connected from a commercial or industrial land use to the MS4 that has not been documented in plans, maps, or equivalent records and approved by an authorized agency.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
A. 
Owned or operated by the Village of Hastings-on-Hudson;
B. 
Designed or used for collecting or conveying stormwater;
C. 
That is not a combined sewer; and
D. 
That is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
A permit issued by EPA [or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual or individuals, firm, partnership, association, corporation, company, organization, or other legal entity of any kind, including municipal corporations, governmental agencies, or subdivisions thereof.
POLLUTANT
Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the NYSDEC that authorizes the discharge of pollutants to waters of New York State.
STORMWATER
Rainwater, surface runoff, snowmelt, and drainage.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Village to accept and review stormwater pollution prevention plans, forward the plans to the applicable Village board, and inspect stormwater management practices.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
VILLAGE
Village of Hastings-on-Hudson.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
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 Stormwater Management Officer (SMO) shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the SMO may be delegated by the SMO as may be authorized by the Village Manager.
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 this subsection. The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited except as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the NYSDEC or EPA or the Village Board of Trustees by resolution 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 (not including active groundwater dewatering systems), crawl space or basement sump pumps, air-conditioning condensation, irrigation water, springs, noncommercial washing of vehicles, 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.
(2) 
Discharges approved, in writing, by the Stormwater Management Officer to protect life or property from imminent harm or damage are permitted, 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, provided that verbal notification is given to the SMO at least 24 hours prior to the test.
(4) 
The prohibition shall not apply to any nondischarge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC, 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 or any other wastewater discharge to the MS4 or allows such a connection to continue.
A. 
Where the Stormwater Management Officer has identified illegal discharges, as defined in § 250-28, the Village may require implementation of best management practices (BMPs) to control those illegal discharges and activities.
B. 
The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and nonstructural BMPs.
C. 
Any person responsible for a property or premises, that is or may be the source of an illicit discharge or an activity contaminating stormwater 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.
D. 
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.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
A. 
Emergency situations. The Stormwater Management Officer may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, 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 waters of the United States or to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this article may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO shall notify a violator, in writing, of the proposed termination of its MS4 access and the reason for the termination. The violator may petition the SMO for reconsideration. Access may be granted by the SMO, with or without conditions, if the SMO finds that the illegal 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 illegal discharge has not ceased or is likely to recur.
C. 
A person commits an offense if the person reinstates MS4 access terminated pursuant to this section without the prior approval of the SMO.
Any person subject to an industrial or construction activity SPDES or NPDES 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 Village 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 SMO has cause to believe there exists or potentially exists in or upon any premises any condition that 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 that 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 Village 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 Village 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) 
Unreasonable delays in allowing the SMO 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 SMO 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 the SMO 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, or to protect the overall public health, safety, and welfare of the community, 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 that 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 Village 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 Village within three business days of the 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. 
When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this article, the SMO may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) 
That violating discharges, practices, or operations cease and desist;
(2) 
That illicit connections or illegal discharges be eliminated;
(3) 
That monitoring, analyses, and reporting be performed;
(4) 
That stormwater pollution or contamination hazards be abated or remediated and that any affected property be restored; and
(5) 
That source control or treatment BMPs be implemented.
B. 
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 the Village or a contractor designated by the Village and the expense thereof shall be charged to the violator.
C. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, then the Village may enter upon the property and take any and all measures reasonably necessary to abate the violation and/or restore the property.
D. 
Within 10 days after abatement of the violation by or under authorization of the SMO, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Village Board of Trustees objecting to the amount of the assessment within 10 days of receipt of the notice. If the amount due is not paid within 30 days after the disposition of any protests or the expiration of the time to file an appeal, whichever is earlier, the charges shall become a lien on the property for the amount of the assessment, to be collected in the same manner as real estate taxes.
E. 
Penalties. In addition to any penalty provided herein or by other law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not less than $500 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 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 not less than $2,000 or more than $2,500 or imprisonment for a period not to exceed six months, or both. 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.
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 that would create further violations or compelling the person to perform abatement or remediation of the violation.
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 Village to seek cumulative remedies.
A. 
Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.
B. 
Effective date. This chapter shall be effective upon filing with the office of the Secretary of State.