The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meaning as
set forth in this section.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property.
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, including
ground cover, shrubs, brush and trees.
The appropriation of property by its owner for general public
use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Design Manual, most recent
version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that has or may be determined as a federal wetland;
a New York State mapped wetland; or 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."
Construction activity including but not limited to, clearing,
grading, excavating, blasting, soil disturbance or placement of fill
that results in disturbance of one or more acre of land, or activity
that disturbs less than one acre of land area that is part of a common
plan of development or sale which will or has disturbed one or more
acre of land, 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, the developer, or any other
person holding proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified by the NYSDEC or Stormwater Management
Administrator as a cause of impairment of any water body that will
receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed
and operated for the purpose of controlling stormwater runoff.
The Building Inspector, engineer or other person designated
by the Town Board to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall receive
approval until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter.
B.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(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,
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 discharge(s) (Site
map should be at a scale no smaller than one inch equals 100 feet.);
(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;
(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)
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;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) 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 should remain in place;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(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; and
(17)
Any additional information shall be provided
if requested by the Stormwater Management Administrator.
C.
Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below as applicable:
(1)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
D.
SWPPP requirements for Conditions A, B and C:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property; and
E.
Plan certification. The SWPPP shall be prepared by
a certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meets the requirements
in this chapter.
F.
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.
G.
Contractor certification.
(1)
Each contractor and 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."
(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.
H.
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.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official 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 chapter. These
documents are on file in the Village Building Department.
(1)
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").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Water quality standards. No land development activity
may cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant and developer of the land development
activity shall at all times properly construct, operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer. Sediment
shall be removed from sediment traps or sediment ponds whenever their
design capacity has been reduced by 50%.
(2)
The applicant or developer or representative identified
in the SWPPP shall be on site at all times when land development activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days, in addition, and within 24 hours of any
storm event producing 0.5 inch of precipitation or more. The reports
shall be delivered to the Stormwater Management Administrator and
also copied to the 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 declaration 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 Village and its agents to determine whether the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this chapter. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the counsel for the Village.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices shall be operated and
maintained in compliance with the SWPPP and all other conditions of
approval. Proper operation and maintenance also includes, as a minimum,
the following:
(1)
A preventive/corrective maintenance program for all
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations.
D.
Maintenance declarations. The property owner shall execute a formal maintenance declaration for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance declaration shall be consistent with the terms and conditions of Schedule A annexed as part of this chapter, entitled "Sample Stormwater Control Facility Maintenance Declaration."[1] The terms and conditions of Schedule A may be amended from time to time by resolution of the Village Board of Trustees. The Village, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Said schedule is included at
the end of this chapter.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Village of Kiryas Joel may require such
inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant where the work fails to comply with the requirements
of this chapter and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Village of Kiryas Joel enforcement official at least 48 hours before
any of the following:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping;
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until all violations are corrected and
all work previously completed has received approval by the Stormwater
Management Administrator.
(2)
Stormwater management practice inspections. The Village
of Kiryas Joel Stormwater Management Administrator is authorized to
conduct inspections of stormwater management practices (SMPs). All
applicants are required to submit as-built plans for any stormwater
management practices constructed or located on site and off site after
final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be
certified by a professional engineer.
B.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
C.
Submission of reports. The Stormwater Management Administrator
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
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 Village of Kiryas Joel, its officers, employees and agents, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B above.
E.
Performance guarantee.
(1)
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
of Kiryas Joel in its approval of the stormwater pollution prevention
plan, the Village of Kiryas Joel may require the applicant or developer
to provide, prior to construction, a 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
of Kiryas Joel as the beneficiary. The security shall be in an amount
to be determined by the Village of Kiryas Joel 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 of Kiryas Joel, 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 of Kiryas Joel.
(2)
Performance and maintenance guarantee. The developer,
prior to construction, shall be required to provide the Village of
Kiryas Joel with a performance and maintenance bond to ensure proper
construction, operation and maintenance of all stormwater management
and erosion control facilities, both during and after construction.
If the developer's successor(s) fails to properly construct, operate
and maintain stormwater management and/or erosion and sediment control
facilities, the Village, its officers, employees and agents, may enter
upon the property and perform any work necessary to cause proper construction,
operation and/or maintenance of the facilities, and may draw upon
the account of the bond to cover all such costs, including legal,
engineering and inspection costs. The maintenance bond shall cover
the estimated cost of properly maintaining the system for five years
after substantial completion of construction.
F.
Recordkeeping. The Village of Kiryas Joel may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
This chapter may be enforced by the Stormwater Management
Administrator. The Stormwater Management Administrator is authorized
to issue and serve appearance tickets in connection with violations
of this chapter.
B.
It shall be a violation of this chapter if any land
development activity or any other disturbance of land does not fully
comply with the requirements of this chapter, or with the terms or
provisions of the SWPPP, or with any lawful order or notice issued
by the Stormwater Management Administrator.
C.
Notice of violation. If the Village determines that
a violation has occurred, the Stormwater Management Administrator
may issue a written notice of violation. The notice of violation should
generally contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action; and
(5)
A statement of the penalty or penalties that may be
assessed against the person(s) to whom the notice of violation is
directed.
D.
Stop-work orders. The Stormwater Management Administrator
may issue a stop-work order for violations of this chapter. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those permitted activities that remedy the violation(s)
causing issuance of the stop-work order. The stop-work order shall
be in effect until the Stormwater Management Administrator confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to remedy a stop-work order
in a timely manner may result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this chapter.
E.
Violations and penalties. In addition to or as an
alternative to any penalty provided herein or by law, any person who
violates the provisions of this chapter shall be guilty of a violation
punishable by a fine not exceeding $350 or imprisonment for a period
not to exceed 14 days, or both for conviction of a first offense;
for conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 or imprisonment for a period not to exceed 14 days,
or both; and upon conviction for a third or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 14 days, or both. Each day's continued
violation shall constitute a separate additional violation.
F.
Civil penalties.
(1)
In addition to and not in lieu of the above, any person
who violates any provision of this chapter or who builds or alters
any structure or use of land in violation of any statement or plan
submitted and approved thereunder who assists therein shall be liable
to the Village for a civil penalty in an amount not to exceed $350
for a first violation; in an amount not less than $350 nor more than
$700 for a second violation committed within a period of five years
of the first violation; and in an amount of not less than $700 nor
more than $1,000 for a third and each subsequent violation committed
within a period of five years of the first violation. Each week's
continued violation shall constitute a separate additional violation.
(2)
Civil penalties may be ordered in any action or proceeding
by any court of competent jurisdiction, including but not limited
to state and federal courts. All penalties shall be paid to the Village.
(3)
The judgment amount of any civil penalty ordered pursuant
to this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
G.
In addition to and not in lieu of the remedies authorized
above, the Board of Trustees or the Enforcement Officer may institute
any appropriate action or proceeding to prevent, restrain, enjoin,
correct or abate any violation or threatened violation of this chapter
or to enforce any provision of this chapter.
H.
In addition to and not in lieu of the remedies authorized
above, where a violation of this chapter may cause injury or damage
to public or private property or to the public interest or environment
or may cause, in whole or in part, noncompliance by the Village with
stormwater or erosion control requirements, then, after due notice
and opportunity to be heard is given the violator, the Village, its
officers, employees and agents, shall have the authority to enter
upon private property and take necessary corrective and restorative
action to remedy such violation. All costs of such Village action,
including but not limited to corrective, engineering, legal and administrative
costs, shall be billed to the owner of the property. If not paid,
such costs may be assessed and levied against the property and collected
in the same manner as real property tax. In the event of an emergency,
the Village shall be authorized to enter upon the property and take
action without notice to the property owner or opportunity to be heard.
I.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, no certificate of occupancy shall be issued and no
building or land shall be occupied.
J.
Restoration of lands. Any violator of this chapter
may be required to restore land to its undisturbed or prior condition.
In the event that restoration is not undertaken within a reasonable
time after notice and opportunity to be heard, the Village, is officers,
employees and agents shall have the authority to enter upon the private
property and take necessary corrective and restorative action to remedy
violations of this chapter. All costs of such Village action, including
but not limited to corrective, engineering, legal and administrative
costs, shall be billed to the owner of the property. If not paid,
such costs may be assessed and levied against the property and collected
in the same manner as real property tax.
The Village of Kiryas Joel may require any person
undertaking land development activities regulated by this chapter
to reimburse to the Village the Village's reasonable costs for review
of SWPPPs, inspections, or SMP maintenance performed by or on behalf
of the Village.
