[HISTORY: Adopted by the Town Board of the
Town of Wappinger 6-11-2007 by L.L. No. 7-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 9.
Blasting — See Ch. 80.
Building Code administration — See Ch. 85.
Environmental quality review — See
Ch. 117.
Flood damage prevention — See Ch. 133.
Freshwater wetland water body and watercourse protection — See Ch. 137.
Subdivision of land — See Ch. 217.
Zoning — See Ch. 240.
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 water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species.
C.
Clearing, grading, excavating, soil disturbance or
placement of fill during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D.
Improper design, maintenance and construction of stormwater
management practices can increase the velocity of stormwater runoff,
thereby increasing stream bank 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.
J.
The Town Board finds that the municipal stormwater
management provisions adopted herein are consistent with the guidelines
set forth in Greenway Connections.[1] In their deliberations on any discretionary actions under
this chapter, the Stormwater Management Officer and other approving
agencies of the Town of Wappinger shall consider the statement of
policies, principles and guidelines in Greenway Connections as they
deem appropriate and relevant in their deliberations on such discretionary
actions.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the legislative findings in § 213-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.
Adopt minimum control measures 4 and 5 for a Stormwater
Management Program as set forth in the SPDES general permit for stormwater
discharges from municipal separate stormwater sewer systems Permit
No. GP-02-02, effective January 8, 2003, as amended, revised or superseded.
B.
Further implement the Town of Wappinger Stormwater
Management Program as required under New York State MS4 SPDES No.
NYR20A055.
C.
Require land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
general permit for construction activities GP-02-01 or as amended
or revised.
D.
Comply with the applicable federal regulations for
small municipal separate storm sewer systems (MS4) promulgated by
the United States Environmental Protection Agency pursuant to the
Clean Water Act (33 U.S.C. § 1251 et seq.).
E.
Minimize increases in the rate of 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.
F.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality.
G.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable.
H.
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 to eliminate threats to public safety.
A.
All land development activities, as such are defined in § 213-5 of this article, including, but not limited to, land development activities subject to review and approval by the Town Board, the Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, wetland permit, grading permit and/or other environmental permit regulations, shall be reviewed subject to the standards contained in this chapter.
C.
The Stormwater Management Officer shall accept, review
and be the approving authority for all stormwater pollution prevention
plans (SWPPP), except the approving authority for land use applications
subject to approval under this Code shall be as follows:
(1)
Conventional subdivision. The Planning Board shall approve SWPPPs in connection with applications for conventional subdivisions under Chapter 217 in all districts.
(2)
Average density subdivision. The Planning Board shall approve SWPPPs in connection with applications for average density subdivisions pursuant to § 240-19A in all districts.
(3)
Conservation subdivision. The Town Board shall approve SWPPPs in connection with applications for conservation subdivisions pursuant to § 240-19B in all districts.
(4)
Mandatory open space subdivision. The Planning Board shall approve SWPPPs in connection with applications for mandatory open space subdivisions pursuant to § 240-19C in all districts.
(5)
Special permit uses. The Planning Board shall approve SWPPPs in connection with applications for special permit uses pursuant to Article VII of Chapter 240 in all districts, except in those cases where the Schedule of Use Regulations[1] designates the Town Board as the approving agency, in
which case the Town Board shall approve the SWPPP.
D.
The Stormwater Management Officer may engage the services of a registered professional engineer to review the plans, specifications and related documents. The applicant shall be responsible for payment of the fees of the engineer engaged by the Stormwater Management Officer in accordance with the provisions of § 122-2 of the Town Code.
The following activities shall 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.
Repairs and routine property maintenance activities
that disturb less than one acre and maintain the original line and
grade.
D.
Repairs and routine maintenance to any stormwater
management practice or facility deemed necessary by the Stormwater
Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Wappinger on or before the effective
date of this chapter.
F.
Land development activities for which a building permit
has been approved and is still in effect on or before the effective
date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection
with an existing noncommercial structure.
Whenever used in this chapter, unless a different
meaning is stated in a definition applicable to only a portion of
this chapter, the following terms will have meanings set forth below:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof, filing an application for a land development activity subject
to the provision of this chapter.
The term "building" as defined in § 240-5 of the Town Code now or as hereafter amended.
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,
or any superseding publication issued by the New York State Department
of Environmental Conservation.
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," or any superseding publication issued by the New York State
Department of Environmental Conservation.
The term "freshwater wetland" as defined in § 137-5 of the Town Code now or as hereafter amended.
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.
Any construction or demolition activity, including clearing,
grubbing, grading, excavating, soil disturbance or placement of fill,
that results in land disturbance of equal to or greater than one acre,
or 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 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.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
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 undergroundwater reserves.
Measures that prevent eroded sediment from leaving the site.
Of or relating to the management and care of forests.
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 by the duly authorized municipal authority
which requires that all land development activity and other 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.
The Town of Wappinger Director of Code Enforcement or his
or her designee.
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.
The Town of Wappinger, New York.
The term "watercourse" as defined in § 137-5 of the Town Code now or as hereafter amended.
A.
No application for approval of a land development
activity shall be reviewed until the appropriate approving authority
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications in this chapter.
B.
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 the project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map shall
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s). The
site map shall be at a scale no smaller than one inch equals 50 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. The
Town may opt to reduce the amount of land that may be exposed at any
one time.
(5)
Description of the pollution prevention measures that
will be used to control construction materials, chemicals and debris
from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials expected
to be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project 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 will remain in place until
the site is stabilized.
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s) and NYSDEC
classification(s), if applicable.
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site.
(15)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
(16)
Any existing data that describes the stormwater
runoff at the site.
(17)
An acknowledgment by the landowner granting
to the Town and other agencies having jurisdiction the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
C.
Land development activities that cause stormwater
runoff of the type listed in this subsection shall provide, as applicable,
postconstruction stormwater runoff controls:
(1)
Stormwater runoff from land development activities
discharging a pollutant of concern to an impaired water identified
on the Department's 303(d) list of impaired waters;
(2)
Stormwater runoff from land development activities
discharging a pollutant of concern to total maximum daily load (TMDL)
designated watershed for which pollutants in stormwater have been
identified as a source of the impairment;
(3)
Stormwater runoff from land development activities
disturbing five or more acres; or
(4)
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.
Postconstruction stormwater runoff controls. SWPPPs for land development activities listed in Subsection C shall provide the following water quantity and/or water quality controls:
(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 easement(s), where required, 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.
The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sediment control, professional
engineer, or other professional(s) deemed acceptable by the NYSDEC
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meet
the requirements in this chapter.
F.
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.
Certification.
(1)
Each contractor and subcontractor identified in the
SWPPP and/or any successor or substitute contractor or subcontractor
who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the stormwater pollution prevention
plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards." Copies of
these statements shall be delivered to the duly authorized municipal
authority.
(a)
The certification must include the name and
title of the person providing the signature; the address and telephone
number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
(b)
The certification statement(s) shall become
part of the SWPPP for the land development activity.
(2)
Proof that each contractor who will be involved in
a land development activity has obtained training and/or certification
in proper erosion and sedimentation control practices 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.
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. (NOTE: The
New York State technical guidance documents may be ordered from the
New York State DEC. An order form, as well as downloadable versions
of the manuals, is available on the Internet at http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html
and http://www.dos.state.ny.us/lgss/stormwaterpub/index.html.) Copies
of the two manuals are on file in the office of the Stormwater Management
Officer.
B.
Where stormwater management practices are not in accordance
with technical standards, the owner, applicant or developer must demonstrate
equivalence to the technical standards set forth in this section,
and the SWPPP shall be prepared by a certified professional in erosion
and sediment control, professional engineer or other professional(s)
deemed acceptable by the NYSDEC.
C.
Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
A.
The owner, applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
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% and placed in an acceptable location and properly
stabilized.
B.
The owner, applicant, developer or his or her representative
shall be on site at all times when construction or grading activity
takes place and shall maintain the effectiveness of all erosion and
sediment control practices unless all construction, demolition or
grading activity has ceased and the site has been stabilized to the
satisfaction of the Stormwater Management Officer.
C.
Inspection shall be conducted and inspection reports
shall be completed by a certified professional in erosion and sediment
control, professional engineer or other professional(s) deemed acceptable
by the NYSDEC every seven days and within 24 hours of the conclusion
of any storm event producing 0.5 inches of precipitation or more.
The reports shall be maintained in a site logbook.
D.
Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, other than one serving
an individual single-family residence, the applicant or developer
must execute an easement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall be
in a form acceptable to the counsel to the Town and shall provide
for access to the facility at reasonable times for periodic inspection
by the Town, or its designee, 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.
E.
The owner or operator of permanent stormwater management
facilities or practices installed in accordance with this chapter
shall operate and maintain the stormwater management practices 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) 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.
F.
Prior to the issuance of any final plan approval,
the applicant or developer must execute a formal maintenance agreement
for stormwater management facilities, other than those serving an
individual single-family residence, binding on all subsequent landowners.
The maintenance agreement shall be in a form acceptable to Town Counsel
and shall be recorded in the office of the County Clerk as a deed
restriction on the property. The Town of Wappinger, 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 chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
A.
In addition to the inspections required by § 213-8C, the Stormwater Management Officer may require such other 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 Town enforcement officials 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; or
(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.
C.
All applicants are required to submit as-built plans
for any stormwater management facilities and practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a New York State licensed land surveyor and
a professional engineer.
D.
Inspection programs may 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 is 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.
E.
The Stormwater Management Officer may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
F.
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 and other agencies having jurisdiction the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
G.
Entities subject to this chapter shall maintain records
demonstrating compliance with this chapter.
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 in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance agreement, secured by a surety bond, cash escrow, or irrevocable letter of credit issued by appropriate financial or surety institution, which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town upon consultation with the Engineer to the Town and the Attorney to the Town, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance agreement shall be in a form acceptable to the Town. The performance agreement shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than two years from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a two-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Notwithstanding the above, stormwater facilities involving wetlands shall be subject to § 137-11 of this Code. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
[Amended 1-28-2013 by L.L. No. 4-2013]
B.
Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the developer
or by a corporation that owns or manages a commercial or industrial
facility, the developer, prior to construction, may be required to
provide the Town with an irrevocable letter of credit from an approved
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities both during
and after construction based upon the advice of the Town Engineer.
If the developer or landowner fails to properly operate and maintain
stormwater management and erosion and sediment control facilities,
the Town may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C.
It shall be the primary responsibility of the landowner
and the successor landowners to perform all necessary inspections,
maintenance, reporting, adjustments, repair, replacement and reconstruction
of the stormwater management facilities. If, at any time, the Stormwater
Management Officer determines that necessary inspections, reports,
maintenance, repairs, adjustments, replacement or reconstruction has
not been properly performed, the Town may undertake to perform any
such work or work that it finds, in its sole judgment, is necessary
to preserve the stormwater management functions of stormwater management
practices (SMPs), at the cost and expense of the landowner and the
successor landowners. Copies of all bills, statements and invoices
substantiating such costs, including costs of consultants, shall be
included with written notice of same. Each lot shall individually
and separately bear its equal share of such costs, and in the event
that its share is not paid within 30 days of issuance of statements
for this work, the amount of such share shall constitute a lien against
such lot which shall be levied and collected in the same manner as
Town real estate taxes or in such manner otherwise provided by law.
The landowner and the successor lot landowner shall be personally
liable for payments of their respective shares of all such costs,
including costs of collection and reasonable attorneys' fees.
A.
When the Town 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; and
(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.
The Town 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 and other construction activities
on the site, except those activities, approved by the Town, that address
the violations leading to the stop-work order. The stop-work order
shall be in effect until the Town 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.
(1)
Issuance of a stop-work order by the Town Engineer shall be as provided in § 85-14 of the Town Code. A stop-work order may be appealed by filing a written notice of appeal with the Town Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Town Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Town Board may confirm, modify or cancel the stop-work order.
(2)
The approving authority shall set forth, in writing,
in the permit application file it keeps, its findings and reasons
for revoking or suspending a permit pursuant to this section.
C.
Any land development activity that is commenced or
is conducted contrary to this chapter may be restrained by injunction
from a court of competent jurisdiction or otherwise abated in any
manner provided by this chapter.
D.
In addition to any penalty provided herein or by law,
any person in violation of this chapter may be required to restore
land to its undisturbed condition and/or mitigate on-site and off-site
damage from stormwater runoff, sediment or pollutants resulting from
the violator's activities. In the event that restoration is not undertaken
within a reasonable time after notice, the Town may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
E.
If any building or land development activity is installed
or conducted in violation of this chapter, no certificate of occupancy
or certificate of compliance shall be issued for said building(s).
A.
A violation of any provision of this chapter is considered an offense, and a person is subject to a civil penalty as set forth in Chapter 122, Article V, § 122-20II(1), of the Code for a first offense.
B.
A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, § 122-20II(2).
C.
A conviction for a third or subsequent offense, all of which were committed within a period of five years, is considered a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, § 122-20II(3), of the Code.
D.
Each week's continued violation shall constitute a
separate additional offense.
A.
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Town of
Wappinger through the regulation of nonstormwater discharges to the
municipal separate storm sewer system (MS4) to the maximum extent
practicable as required by federal and state law. This article establishes
methods for controlling the introduction of pollutants into the MS4
in order to comply with requirements of the SPDES general permit for
municipal separate storm sewer systems.
B.
The objectives of this article are:
(1)
To meet the requirements of the SPDES general permit
for stormwater discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
(2)
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
To comply with the applicable federal regulations
for small municipal separate storm sewer systems (MS4) promulgated
by the United States Environmental Protection Agency pursuant to the
Clean Water Act (33 U.S.C. § 1251 et seq.);
(4)
To prohibit illicit discharges and illicit connections
to the MS4;
(5)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter; and
(6)
To promote public awareness of the adverse environmental
impacts and hazards involved in the improper discharge of trash, yard
waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum
products, cleaning products, paint products, hazardous waste, sediment
and other pollutants into the MS4.
Whenever used in this chapter, unless a different
meaning is stated in a definition applicable to only a portion of
this chapter, the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting from land disturbances of one or more acres. Such activities
include but are not limited to clearing, grubbing, grading, excavating
and demolition.
A New York State licensed professional engineer or architect.
The United States Environmental Protection Agency.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater
discharge, including but not limited to treated or untreated sewage,
process wastewater, and wash water, to enter the MS4 and any connections
to the storm drain system from indoor drains and sinks, regardless
of whether said drain or connection had been previously allowed, permitted
or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 which has not been documented in
plans, maps or equivalent records and approved by an authorized enforcement
agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 213-17B of this chapter.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking areas.
Discharge compliance with water quality standards:
the condition that applies where the Town has been notified by the
NYSDEC or the EPA that the discharge of stormwater authorized under
its MS4 permit may have caused or has the reasonable potential to
cause or contribute to the violation of an applicable water quality
standard. Under this condition, the Town must take all necessary actions
to ensure that future discharges do not cause or contribute to a violation
of water quality standards.
303(d)-listed waters: the condition in the Town's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
Total maximum daily load (TMDL) strategy: the
condition in the Town's MS4 permit where a TMDL, including requirements
for control of stormwater discharges, has been approved by the EPA
for a water body or watershed into which the MS4 discharges. If the
discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the Town was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the Town's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which an MS4 discharges. Under this condition
the Town must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the Town must, within six months of the
TMDL's approval, modify its stormwater management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Town of Wappinger Director of Code Enforcement, or his
or her designees, and/or such other Town officers, employees or consultants
as designated by the Town. The Dutchess County Department of Health
presently is and shall continue to be the enforcement authority for
the design, repair, replacement and operation of individual sewage
treatment systems within the MS4.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the New
York State DEC as required by Section 303(d) of the Clean Water Act.
Section 303(d) listed waters are estuaries, lakes and streams that
fall short of state surface water quality standards and are not expected
to improve within the next two years.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The Town of Wappinger, New York.
Water that is not stormwater, is contaminated with pollutants,
and is or will be discarded.
This chapter shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Officer shall administer,
implement and enforce the provisions of this chapter. Such powers
granted or duties imposed upon the SMO may be delegated by the SMO
as may be authorized by the Town.
A.
Prohibition of illicit discharges. No person shall discharge or cause to be discharged or continue to discharge into the MS4 any materials other than stormwater, except those discharges exempted by Subsection B below.
B.
Exempt discharges.
(1)
The following discharges are exempt from discharge
prohibitions established by this article, unless the NYSDEC or the
Town Board, by resolution, has determined them to be substantial contributors
of pollutants:
(a)
Water line flushing or other potable water sources;
(b)
Landscape irrigation or lawn watering;
(c)
Existing diverted stream flows;
(d)
Rising groundwater;
(e)
Uncontaminated groundwater infiltration to storm
drains;
(f)
Uncontaminated pumped groundwater;
(g)
Foundation or footing drains;
(h)
Crawl space or basement sump pumps;
(i)
Air-conditioning condensate;
(j)
Irrigation water;
(k)
Springs;
(l)
Water from individual residential car washing;
(m)
Natural riparian habitat or wetland flows;
(n)
Dechlorinated swimming pool discharges;
(o)
Residential street wash water;
(p)
Water from fire-fighting activities; and
(q)
Any other water source not containing pollutants.
(2)
Discharges approved in writing by the SMO to protect
life or property from imminent harm or damage, provided that such
approval shall not be construed to constitute compliance with other
applicable laws and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and
local laws is an allowable discharge but requires notification to
the SMO prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the NYSDEC,
provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
A.
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
B.
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
C.
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the Town's
MS4 or allows such a connection to continue.
A.
Activities that are subject to the requirements of
this section include:
(1)
Activities that cause or contribute to a violation
of the Town's MS4 SPDES permit; or
B.
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Town's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the Town's MS4 SPDES permit authorization.
A.
Where the SMO has identified illicit discharges as defined in § 213-14 or activities contaminating stormwater as defined in § 213-19, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premises which is, or may be, the source of an illegal discharge as defined in § 213-14 or an activity contaminating stormwater as defined in § 213-19 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
B.
Every person owning property through which a watercourse
passes, or such person's lessee, shall keep and maintain that part
of the watercourse within the property free of trash, debris and other
obstacles that would pollute, contaminate or significantly retard
the flow of water through the watercourse. In addition, the owner
or lessee shall maintain existing privately owned structures within
or adjacent to a watercourse, so that such structures will not become
a hazard to the use, function or physical integrity of the watercourse.
A.
Suspension without prior notice. The SMO may, without
prior notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
to the health or welfare of persons, or to the MS4. The SMO shall
notify the person of such suspension within a reasonable time thereafter
in writing of the reasons for the suspension. If the violator fails
to comply with the suspension order issued pursuant to this subsection,
the SMO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension after notice of illicit discharge. Any
person discharging to the Town's MS4 in violation of this article
may have its MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the SMO determines
in writing that the illicit discharge has not ceased or is likely
to recur.
C.
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the SMO.
Any person subject to an industrial or construction
activity SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Town prior to the allowing of discharges
to the MS4.
A.
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records as may be required to implement
this article.
C.
If the SMO has been refused access to any part of
the premises from which stormwater is discharged and he/she is able
to demonstrate probable cause to believe that there may be a violation
of this article or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, then the
SMO may seek issuance of a search warrant from any court of competent
jurisdiction.
D.
The Town shall have the right to set up on any facility
subject to this article such devices as are necessary in the opinion
of the SMO to conduct monitoring and/or sampling of the facility's
stormwater discharge.
E.
The Town has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
A.
Notwithstanding other requirements of this article,
as soon as any person responsible for a facility or operation, or
responsible for emergency response for a facility or operation, has
information of any known or suspected release of materials which are
resulting or may result in illicit discharges or pollutants discharging
into the MS4, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release.
B.
In the event of a release of hazardous materials into
the MS4, any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services.
C.
In the event of a release of nonhazardous materials
into the MS4, any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
shall notify the Stormwater Management Officer, in person or by telephone
or facsimile, no later than the next business day. Notifications in
person or by telephone shall be confirmed by written notice addressed
and mailed to the Stormwater Management Officer within three business
days of the telephone notice.
D.
If the discharge of prohibited materials emanates
from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years.
E.
The provisions of this section shall be in addition
to any other notifications required by state and federal law.
A.
Notice of violation. When the Town's SMO finds that
a person has violated a provision of this article or failed to meet
a requirement of this article, he or she may order compliance by written
notice of violation to the responsible person. Such notice may require,
without limitation:
(1)
The elimination of illicit connections or illicit
discharges;
(2)
That violating discharges, practices, or operations
shall cease and desist;
(3)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
The amount of the potential fine; and
(6)
The implementation of source control or treatment
BMPs.
B.
If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by the Town or a contractor and the expense thereof shall be charged
to the violator and shall constitute a lien against the property.
A.
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, then the SMO
shall request the owner's permission for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
B.
If refused access to the subject private property,
the SMO may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
C.
Within 10 days after abatement of the violation by,
or under authorization of, the SMO, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest with the Town Board
objecting to the amount of the assessment within 10 days of receipt
of said notice. If the amount due is not paid within 30 days after
the disposition of any protests or the expiration of the time to file
an appeal, whichever is earlier, the charges shall become a lien on
the property for the amount of the assessment to be collected in the
same manner as real estate taxes.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the SMO may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
A.
A violation of any provision of this chapter is considered an offense, and a person is subject to a civil penalty as set forth in Chapter 122, Article V, § 122-20II(4), of the Code for a first offense.
B.
A conviction of a second offense of the provisions of this chapter, both of which were committed within a period of five years, is considered a violation subject to a fine and/or a civil penalty as set forth in Chapter 122, Article V, § 122-20II(5).
C.
A conviction for a third or subsequent offense, all of which were committed within a period of five years, is considered a violation with a penalty of a period of imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the three as set forth in Chapter 122, Article V, § 122-20II(6), of the Code.
D.
Each week's continued violation shall constitute a
separate additional offense.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare and is declared and deemed a nuisance
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
If any provision of this article shall be held
for any reason to be invalid, such determination shall not invalidate
any other provision hereof.
