[HISTORY: Adopted by the Town Board of the
Town of Lloyd 4-12-2006 by L.L. No. 1-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Environmental Conservation Council — See Ch. 8.
Planning Board — See Ch. 20.
Environmental quality review — See Ch. 54.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch.
62.
Sewer use and rents — See Ch. 85.
Streets and sidewalks — See Ch. 89.
Zoning — See Ch. 100.
Subdivision of land — See Ch.
A104.
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic 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.
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 Town.
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 chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 55-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the minimum requirements for control of construction
site and postconstruction runoff of the New York State Department
of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination
System (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 NYSDEC SPDES general permit for
construction activities GP-02-01 or as amended or revised.
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and to maintain the
integrity of stream channels.
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities, which would otherwise degrade
local water quality.
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable.
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
In accordance with the Municipal Home Rule Law
of the State of New York, the Town Board of the Town of Lloyd has
the authority to enact local laws and amend local laws for the purpose
of promoting the health, safety or general welfare of the Town of
Lloyd and for the protection and enhancement of its physical environment.
The Town Board of Lloyd may include in any such local law provisions
for the appointment of any municipal officer, employees, or independent
contractor to effectuate, administer and enforce such local law.
A.
This chapter shall be applicable to all land development and site-grading activities as defined in § 55-6 of this chapter.
B.
The Town Board shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the Town Planning Board. The Stormwater
Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Lloyd,
engage the services of a registered professional engineer to review
the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board; or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
C.
All land development activities subject to review
and approval by the Planning Board of the Town of Lloyd under subdivision,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter and other applicable laws
and regulations.
D.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Articles I and II of this chapter shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of this chapter.
E.
An SWPPP consistent with the requirements of Articles I and II of this chapter and with the terms of preliminary plat approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved final subdivision plat shall be consistent with the provisions of this chapter.
F.
An SWPPP consistent with the requirements of Articles I and II of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of this chapter. The approved site plan shall be consistent with the provisions of this chapter.
The following activities may be exempt from
review under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Alteration or maintenance of an existing structure
which will not have an impact on the quantity or quality of the surface
water discharge from a site.
E.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
F.
Land development activities that received prior approval
from the Town Planning Board prior to the effective date of this chapter;
however, said activities shall not be exempt from compliance with
applicable state laws or regulations governing stormwater management
and control.
G.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter;
however, said activities shall not be exempt from compliance with
applicable state laws or regulations governing stormwater management
and control.
H.
Cemetery graves.
I.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
J.
Emergency activity immediately necessary to protect
life, property or natural resources.
K.
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.
L.
Landscaping and horticultural activities in connection
with an existing structure.
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,
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 deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
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."
A satellite-based navigation system made up of a network
of satellites placed into orbit by the U.S. Department of Defense
and available for civilian use.
[Added 11-14-2007 by L.L. No. 10-2007]
A person designated by the Town Board to accept and review
all GIS/GPS recordkeeping data as it relates to stormwater outfalls
and permanent stormwater facilities.
[Added 11-14-2007 by L.L. No. 10-2007]
A collection of computer hardware, software, and geographic
data for capturing, managing, analyzing, and displaying all forms
of geographically referenced information.
[Added 11-14-2007 by L.L. No. 10-2007]
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 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 clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document which 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 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.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and 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.
A person designated by the Town Board to accept and review
stormwater pollution prevention plans, forward the plans to the Town
Planning Board if required, inspect stormwater management practices
and maintain records of such plans and inspection reports.
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 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.
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 requirements.
[Amended 11-14-2007 by L.L. No. 10-2007]
(1)
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this chapter.
(2)
In general, the erosion and sediment control plan
is the SWPPP for disturbances less than one acre and for the construction
of single-family residences where the total disturbance of the project
is less than five acres.
(3)
In the case of projects having a total disturbance
area of less than five acres, and for which no SWPPP is required,
the applicant will provide to the Town’s GIS Coordinator on
the submitted plans and as-built plans any and all GPS reference data
for stormwater outfalls and permanent structures built in accordance
with the New York State Stormwater Management Design Manual.
B.
Contents of stormwater pollution prevention plans.
All SWPPPs, except as noted above, shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including the location, type and size of the project.
(2)
Site and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharges(s).
(3)
A 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 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)
A 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)
A 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) 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 sighting and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent
control measures.
(11)
An implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and the duration that each practice should remain in place.
(12)
A 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)
A 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)
Any additional information shall be provided if requested
by the Stormwater Management Officer.
(18)
Provide GPS reference data to the Town’s GIS
Coordinator for all stormwater outfalls and permanent structures built
in accordance with New York State Stormwater Management Design Manual.
[Added 11-14-2007 by L.L. No. 10-2007]
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)
A description of each postconstruction stormwater
management practice.
(3)
A 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)
A 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.
E.
Plan certification. The SWPPP shall be prepared by
a landscape architect, certified professional or professional engineer
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meets
the requirements in this 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 identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
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.
I.
As-built drawings. After the Town’s final inspection
of the installed drainage facilities, the applicant/developer shall
submit to the SMO and GIS Coordinator an as-built drawing of the drainage
facilities along with the GPS reference data on all outfalls and permanent
drainage structures.
[Added 11-14-2007 by L.L. No. 10-2007]
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:
(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. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant or developer 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 applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
The applicant or developer or representative identified
in the SWPPP shall be on site at all times when construction or grading
activity takes place and shall inspect and document the effectiveness
of all erosion and sediment control practices. Inspection reports
shall be completed every seven days and within 24 hours of any storm
event producing 0.5 inches of precipitation or more. The reports shall
be delivered to the Stormwater Management Officer and also copied
to the site 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 of Lloyd to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Town of Lloyd.
C.
Maintenance after construction. Permanent stormwater
management practices installed in accordance with this chapter shall
be operated and maintained by the owner or operator to achieve the
goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) that are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Lloyd shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Lloyd, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that such facility meets
all the requirements of this chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Lloyd Stormwater Management Officer
may require such inspections as necessary to determine compliance
with this chapter and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply
with the requirements of this chapter and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town of Lloyd enforcement official 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]
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 any violations are corrected
and all work previously completed has received approval by the Stormwater
Management Officer.
(2)
Stormwater management practice inspections. The Town
of Lloyd Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans for any stormwater management
practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
(3)
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 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.
(4)
Submission of reports. The Town of Lloyd Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
(5)
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Lloyd the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 55-10A(3).
B.
Performance guarantee.
[Amended 10-12-2011 by L.L. No. 7-2011]
(1)
Construction completion guarantee:
(a)
In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by
the Town of Lloyd in its approval of the stormwater pollution prevention
plan, the applicant or developer must provide, prior to commencement
of construction, a security agreement which guarantees completion
of the project, satisfactory to the Town. Such agreement must be approved
by the Town Board, and, as to form, sufficiency and manner of execution,
by the Town Attorney. The security for performance shall be in the
form of: (i) a performance bond of an acceptable surety company; (ii)
bonds of the United States of America; (iii) an irrevocable letter
of credit from a bank located and authorized to do business in New
York State; (iv) the deposit of funds in an account or certificate
of deposit issued by a bank or trust company located in and authorized
to do business in New York State; such account must be assigned to
the Town; or (v) any obligations fully guaranteed as to interest and
principal by the United States of America, having a market value at
least equal to the full cost of the improvements. Any such security
shall be delivered to the Town or held in a Town account at a bank
or trust company.
(b)
The minimum amount of the posted security shall be in an amount to be determined by the Town Engineer based on submission of final design plans, with reference to actual construction and landscaping costs. The developer and the form and content of the security shall comply with Town Code § 89-15 in all respects. The security agreement shall remain in force until the surety is released from liability by the Town of Lloyd, 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 of Lloyd.
(2)
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 commencement of construction, may be required to provide the Town of Lloyd with a security agreement and security by bond 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. The developer or owner shall comply with Town Code § 89-15 in all respects. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Lloyd may declare a default on the security agreement and draw upon the security to cover the costs of proper operation and maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Town of Lloyd may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
A.
Notice of violation. When the Town of Lloyd determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant.
(2)
The address when available or a description of the
building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the Town by filing a written notice of appeal within
15 days of service of notice of violation.
B.
Stop-work orders. The Town of Lloyd may issue a stop-work
order for violations of this chapter. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Lloyd
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
Penalties for offenses. No person shall construct,
enlarge, alter, repair or maintain any grading, excavation or fill,
or cause the same to be done, contrary to or in violation of any terms
of this chapter.
(1)
Any person violating any of the provisions of this
chapter shall be deemed guilty of an offense, and each day during
which any violation of any of the provisions of this chapter is committed,
continued or permitted shall constitute a separate offense.
(2)
Upon conviction of any such violation, such person,
partnership or corporation shall be punished by a fine of not more
than $250 for each offense.
(3)
In addition to any other penalty authorized by this
section, any person, partnership or corporation convicted of violating
any of the provisions of this chapter shall be required to bear the
expense of any such restoration.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Lloyd may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
Persons undertaking land development activities
regulated by this chapter shall pay development fees as established
by the Town Board of the Town of Lloyd for review of SWPPPs, inspections,
or SMP maintenance performed by the Town of Lloyd or performed by
a third party for the Town of Lloyd.
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.