[HISTORY: Adopted by the Town Board of the
Town of Mamakating 12-18-2007 by L.L. No. 3-2007;[1] amended in its entirety 11-19-2019 by L.L. No. 5-2019. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This local law was originally
designated to be added as Chapter 104 but was renumbered to maintain
the organization of the Code.
The terms used in this section and Chapter 117 or in documents prepared or reviewed under this section and Chapter 117 shall have the meaning as set forth in this section.
Section 303(d)(1)(C) of the Clean Water Act[1] and EPA's implementing regulations (40 CFR Part 130)
require states to identify those water bodies that do not meet water
quality standards after application of the technology-based effluent
limitations required by the Act. For these waters, states must consider
the development of strategies, including total maximum daily load
(TMDL) analysis, for reducing the pollutants that are causing the
water quality standards expedience in those water bodies.
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.
Certified professional in erosion and sediment control.
Certified professional in stormwater quality.
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."
Excavation, fill, or movement of material, including the
resulting conditions thereof, including surface or subsurface conditions
of land, lakes, ponds or watercourses.
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 or land less than one acre which is upstream of environmentally
sensitive areas such as state-jurisdiction wetlands, municipal recreation
facilities, NYSDEC-regulated streams with classification A, B, or
CT or other areas as determined by the Stormwater Management Officer.
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 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 as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed Professional
Engineer, Registered Landscape Architect or other Department endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an understanding
of the principles of hydrology, water quality management practice
design, water quantity control design, and, in many cases, the principles
of hydraulics. All components of the SWPPP that involve the practice
of engineering, as defined by the NYS Education Law (see Article 45),
shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
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, using the most
current form of such permit.
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,
using the most current form of such permit.
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,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
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 calculation of the maximum amount of a pollutant that a
water body can receive and still meet water quality standards, and
an allocation of that amount to the pollutant's sources. A TMDL
specifies the allowable pollutant loading from all contributing sources
(e.g., point sources, nonpoint sources, and natural background) at
a level necessary to attain the applicable water quality standards
with seasonal variations and a margin of safety that takes into account
any lack of knowledge concerning the relationship between the sources
of the pollutant and water quality. In essence, a TMDL defines the
assimilative capacity of the water body to absorb a pollutant and
still meet water quality standards.
An employee from the contracting (construction) company,
identified in Part III.A.6.,[2] that has received four hours of Department-endorsed training
in proper erosion and sediment control principles from a soil and
water conservation district or other Department-endorsed entity. 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, identified in Part III.A.6.,
that meets the qualified inspector qualifications (e.g., licensed
professional engineer, certified professional in erosion and sediment
control (CPESC), 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
they have received four hours of Department-endorsed training in proper
erosion and sediment control principles from a soil and water conservation
district, or other Department-endorsed entity). The trained contractor
is responsible for the day-to-day implementation of the SWPPP.
Any natural or artificial stream, river, creek, ditch, channel,
conduit, culvert, drainageway, gully, ravine or wash in which water
flows in a definite direction or course, either continuously or intermittently,
and which has a definite channel, bed and banks, and any area adjacent
thereto subject to inundation by reason of overflow, flood or stormwater.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.Â
Stormwater pollution prevention plan requirement. 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 section, Chapter 117 and/or Chapter 199. Furthermore, no application for a grading permit, as required in Chapter 117, shall be reviewed until the Building Department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.
B.Â
Contents of stormwater pollution prevention plans.
(1)Â
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)Â
Background information about the scope of the project, including
location, type and size of project;
(b)Â
Site map (no smaller than one inch equals 100 feet)/construction
drawing(s) for the project, including a general location map. At a
minimum, the site map should show the total site area; all proposed
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);
(c)Â
Map and description of the soil(s) present at the site;
(d)Â
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. Not more than
five acres shall be disturbed at any one time unless pursuant to an
approved SWPPP;
(e)Â
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;
(f)Â
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;
(g)Â
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;
(h)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)Â
Temporary practices that will be converted to permanent control
measures;
(k)Â
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(l)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)Â
Name(s) of the receiving water(s);
(n)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)Â
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; and
(p)Â
Any existing data that describes the stormwater runoff at the
site.
(2)Â
Land development activities as defined in § 160-1 of this chapter and meeting Condition A, B or C below, or as listed in Table 2 of Appendix B of the New York State SPDES General Permit for Stormwater Discharges from Construction Activity GP-0-15-002 or its successor, shall also include water quantity and water quality controls [post-construction stormwater runoff controls as set forth in § 160-2B(3) below] as applicable.
(a)Â
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.
(b)Â
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)Â
Condition C: stormwater runoff from land development activity
disturbing between one acre 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.
(3)Â
SWPPP requirements for land disturbance activities described in § 160-2B(2):
(b)Â
Description of each post-construction stormwater management
practice.
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)Â
Comparison of post-development stormwater runoff conditions
with predevelopment conditions.
(f)Â
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
(g)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(h)Â
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(i)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 160-4 of this chapter.
(j)Â
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 section.
C.Â
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.
D.Â
Contractor certification.
(1)Â
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)Â
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)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.Â
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 nonexempt land development activities shall be subject to
the following performance and design criteria:
A.Â
Technical standards. For the purpose of this section, Chapter 117, and Chapter 199, 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 section, Chapter 117 and Chapter 199:
(1)Â
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)Â
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2015, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.Â
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
C.Â
Water quality standards. Any land development activity shall be in
compliance with the stormwater law, and shall not have any turbid
waters leaving the site.
A.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section, Chapter 117 and/or Chapter 199. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer shall provide a plan to the Town of Mamakating for the disposition of the sediment removed from the stormwater facilities.
(2)Â
For land development activities as defined in § 160-1 of this chapter and meeting Condition A, B or C in § 160-2B(2)(a), (b), and (c), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or as required by the most current NYSDEC regulations. Inspection reports shall be maintained in a site logbook and submitted to the Building Department or Town Engineer.
(3)Â
The applicant or developer or their representative shall have a trained
contractor 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. A contact list shall be provided
to the Town of Mamakating prior to any site activities. The contact
list shall contain the name and phone numbers of the applicant, developer,
project engineer, project manager, project foreman, and emergency
contact numbers in the event of any emergencies.
B.Â
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at all times for periodic inspection by the Town of Mamakating to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section, Chapter 117 and Chapter 199. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Mamakating.
C.Â
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section and Chapter 117 and/or Chapter 199 shall ensure they are operated and maintained to achieve the goals of this section, Chapter 117 and Chapter 199. Proper operation and maintenance also includes, as a minimum, the following:
D.Â
Maintenance agreements. The Town of Mamakating 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 A of this chapter, entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1] The Town of Mamakating, 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 section, Chapter 117 and Chapter 199 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule A is on file in the Town offices.
A.Â
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Mamakating
in its approval of the stormwater pollution prevention plan, the Town
of Mamakating may require the applicant or developer to provide, prior
to construction, a performance bond, case escrow or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the Town
of Mamakating as the beneficiary. The security shall be in an amount
to be determined by the Town of Mamakating Engineer based on submission
and review of final design plans and an estimate to be prepared by
the applicant's qualified professional, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Town of Mamakating, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facility (facilities) have been constructed and that a one-year
inspection has been conducted and the facility (facilities) have been
found to be acceptable to the Town of Mamakating. Per annum interest
on cash escrow deposits shall be reinvented in the account until the
surety is released from liability.
B.Â
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Mamakating with an irrevocable letter
from an approved financial institution or surety to ensure proper
operation and maintenance of all stormwater management and erosion
control facilities both during and after construction, and until the
facilities are removed from operation. If the developer or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Town of Mamakating may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
A.Â
Notice of violation. When the Town of Mamakating determines that a land development activity is not being carried out in accordance with the requirements of this chapter, Chapter 117 and/or Chapter 199, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(5)Â
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)Â
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.Â
Stop-work orders. The Town of Mamakating may issue a stop-work order for violations of this chapter, Chapter 117 and/or Chapter 199. 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 Mamakating 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.
D.Â
Penalties. Penalties shall be assessed in accordance with the Town
of Mamakating Town Code.
F.Â
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 Mamakating
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid. Damage to property of others
shall be considered a violation. The developer shall be deemed financially
responsible for reasonable remedies. The Stormwater Control Officer
shall have the power to compel such remedies through stop-work orders.
The Town of Mamakating may require any person undertaking land development activities regulated by this chapter, Chapter 117 and/or Chapter 199 to pay reasonable costs at prevailing rates for review of SWPPs, inspections, or SMP maintenance performed by the Town of Mamakating or performed by a third party for the Town of Mamakating.
