[HISTORY: Adopted by the Board of Trustees of the Village of Sands
Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2006 by L.L. No. 3-2006]
It is the intent of this legislation to adopt a stormwater management
and erosion and sediment control chapter that will satisfy the relevant part
of the Phase II stormwater regulations adopted by the DEC.
A.
For the purposes of this article, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory. Notwithstanding some references for definitional
purposes to the Village Code, the omission of such references in other instances
shall not be taken as an intent not to use such definitions for specific terms
that are not defined in this section and are defined in said Code when it
is deemed by the Building Inspector or any other official, board, or committee
of the Village to be appropriate to do so.
B.
Agricultural Activity
Applicant
Building
Channel
Clearing
DEC
Dedication
Design Manual
Developer
EPA
Erosion Control Manual
Grading
Impervious Cover
Industrial Stormwater Permit
Infiltration
Jurisdictional Wetland
Land Development Activity
Landowner
Maintenance Agreement
MS4s
Nonpoint Source Pollution
Phasing
Pollutant Of Concern
Project
Recharge
Sediment Control
Sensitive Areas
SMO
SMPs
SPDES
SPDES General Permit For Construction Activities Gp-02-01
SPDES General Permit For Stormwater Discharges From Municipal Separate
Stormwater Sewer Systems GP-02-02
Stabilization
State
Stop-Work Order
Stormwater
Stormwater Hotspot
Stormwater Management
Stormwater Management Facility
Stormwater Management Officer
Stormwater Management Practices
Stormwater Pollution Prevention Plan
Stormwater Runoff
Structure
Surface Waters Of The State
SWPPP
Watercourse
Water Way
As used in this article, the following terms shall have
the meanings indicated.
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 New York State Department of Environmental Conservation.
The deliberate appropriation of property by its owner for general
public use.
The state Stormwater Management Design Manual, most recent version,
including applicable updates, which serves as the official guide for stormwater
management principles, methods and practices.
A person who undertakes land development activities.
The United States Environmental Protection Agency.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements, and structures that allow little or
no penetration of runoff (from precipitation) into the soil (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
An SPDES 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 by which water seeps into the soil.
An area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as
"hydrophytic vegetation."
Construction activity, including, but not limited to, clearing, grading,
excavating, soil disturbance, and placement of fill, that results in land
disturbance equal to or greater than one acre, or an activity disturbing less
than one acre of total land area that is part of a larger common plan of development
or sale, which, in the aggregate, results in land disturbance equal to or
greater than one acre, even though multiple separate and distinct land development
activities may take place at different times or 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 document legally recorded in the Office of the Nassau County Clerk
that acts as a property deed restriction and which provides for long-term
maintenance of stormwater management practices.
Municipal separate stormwater sewer systems.
Pollution from any source other than from any discernible, confined,
and discrete conveyances (such as a pipe, channel, ditch, sluice, stream,
etc.) and shall include, but not be limited to, pollutants from agricultural,
silvicultural, mining, construction, subsurface disposal, salt water intrusion
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/or other habitats for threatened,
endangered, or special concern species.
The Stormwater Management Officer.
Stormwater management practices.
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit 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.
The State of New York.
An order issued which requires that all, or a specified portion thereof,
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 Building Inspector, or his designee, as the designated officer
of the Village to accept and review stormwater pollution prevention plans,
forward the plans to the applicable Village board or committee and inspect
stormwater management practices.
Measures, either structural, nonstructural, or a combination of the
two, 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.
As defined in the Village Code, Section 176-2.
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 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 surface waters of the state. The said
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.
Stormwater Pollution Prevention Plan.
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.
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 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 Village;
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land
development activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety;
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,
and welfare of the public residing within the Village and to address the findings
of fact in this article. This article seeks to meet those purposes by achieving
the following objectives:
A.
Meet the requirements of minimum measures four and five
of the SPDES general permit for stormwater discharges from MS4s, Permit No.
GP-02-02, as amended or revised;
B.
Require land development activities to conform to the
substantive requirements of SPDES general permit for construction activities
GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and 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 or following development to the
maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly maintained
and eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Village Board of Trustees has the authority to
enact chapters and amend chapters and for the purpose of promoting the health,
safety or general welfare of the Village and for the protection and enhancement
of its physical environment. The Village Board of Trustees may include in
any such chapter provisions for the appointment of any municipal officer,
employee, or independent contractor to effectuate, administer, and enforce
such chapter.
A.
This article shall be applicable to all land development
activities.
B.
The SMO shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable Village board. The
SMO may either:
(1)
Review the plans;
(2)
Upon approval by the Board of Trustees, 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
the Board of Trustees; or
(3)
Accept the certification of a licensed professional that
the plans conform to the requirements of this article.
C.
All land development activities subject to review and
approval by any board of the Village shall be reviewed by such board subject
to the standards contained in this article.
The following activities are exempt from this article:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity, except for landing areas and
haul roads which are subject to this article.
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.
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
E.
Subdivision regulations pursuant to §§ 145-5A(29)
and 145-6A(19) if a plat for the subdivision has been finally approved by
the Village Planning Board on or before the effective date of this article.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H.
Emergency activity immediately necessary to protect life,
property or natural resources.
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use by that
person and his or her family.
J.
Landscaping and horticultural activities in connection
with an existing structure.
K.
Cemetery graves.
A.
SWPPP requirement. No application for approval of a land
development activity shall be issued until the appropriate board has received
a SWPPP prepared in accordance with the specifications in this article.
B.
Contents of SWPPP.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project,
including location, type and size of the project;
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s); wetlands
and drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of off-site material, waste, borrow,
or equipment storage areas; and location(s) of the stormwater discharges(s).
The site map should be at a scale no smaller than one inch equals 100 feet;
(c)
A description of the soil(s) present at the site;
(d)
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 Erosion Control
Manual, not more than five acres shall be disturbed at any one time unless
pursuant to an approved SWPPP;
(e)
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;
(f)
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;
(g)
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)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and size of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent
control measures;
(k)
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;
(l)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
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; and
(p)
Any existing data that describes the stormwater runoff
at the site.
(2)
Land development activities meeting Condition A, B, or
C below shall also include water quantity and water quality controls (postconstruction
stormwater runoff controls) as set forth below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either impaired water identified
on the DEC's 303(d) list of impaired waters, or such superseding list
as may be prepared by the DEC, or a total maximum daily load designated watershed
for which pollutants in stormwater have been identified as a source of the
impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activity disturbing at least one but less than 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)
SWPPP requirements for Conditions A, B and C:
(b)
A description of each postconstruction stormwater management
practice.
(c)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms.
(e)
A comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(f)
Dimensions, material specifications, and installation
details for each postconstruction stormwater management practice.
(g)
A maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(h)
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)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 139-10 of this article.
(j)
For Condition A, the SWPPP shall be prepared by a certified
professional or professional engineer and must be signed by the professional
who prepared the plan, who must certify that the design of all stormwater
management practices meets the requirements of this article.
C.
Plan certification. The SWPPP shall be prepared by a
certified erosion control 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
article.
D.
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.
E.
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 the 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.
F.
A copy of the SWPPP shall be retained at the site of
the land development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
All land development activities shall be subject to the following performance
and design criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are designed
and constructed in accordance with those technical documents shall be presumed
to meet the standards imposed by this article:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards, the applicant or developer must demonstrate equivalence to the technical standards above (Subsection A), and the SWPPP shall be prepared by a licensed professional.
C.
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.
A.
Maintenance and inspection 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) which are installed or
used by the applicant or developer to achieve compliance with the conditions
of this article. Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
(2)
For land development activities that meet Condition A,
B or C, the applicant or developer shall have a qualified professional conduct
site inspections and document the effectiveness of all erosion and sediment
control practices every seven days and within 24 hours of any storm event
producing 0.5 inches of precipitation or more. Inspection reports shall be
maintained in a 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 Village to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by this article. The easement shall be recorded by
the grantor in the office of the Clerk of the County of Nassau after approval
by counsel for the Village.
C.
Maintenance after construction. Permanent stormwater
management practices installed in accordance with this article shall be operated
and maintained by the owner or operator to achieve the goals of this article.
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 article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village shall approve a formal
maintenance agreement for stormwater management facilities binding on all
subsequent landowners and recorded in the office of the Clerk of the County
of Nassau as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of this article. The Village, 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 article
and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
A.
Erosion and sediment control inspection.
(1)
The SMO may require such inspections as he deems necessary
to determine compliance with this article 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 article and the SWPPP as approved. To obtain
inspections, the applicant shall notify the SMO at least 48 hours before any
of the following and/or as otherwise required by the SMO:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted, except for site stabilization,
until all violations are corrected and all work previously completed has received
approval by the SMO.
B.
Stormwater management practice inspections. The SMO is
responsible for conducting inspections of SMPs. All applicants are required
to submit as-built plans for any SMPs 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.
C.
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; inspections of drainage
basins or areas identified as higher-than-typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher-than-usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other SMPs.
D.
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this article as are necessary to determine
compliance with this article.
E.
Right of entry for inspection. To the maximum extent permitted by law, when any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B of this section.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Village in its approval
of the SWPPP, the Village may require the applicant or developer to provide,
prior to construction, a performance bond, cash escrow, or irrevocable letter
of credit, in its discretion, from an appropriate financial or surety institution,
which guarantees satisfactory completion of the project and names the Village
as the beneficiary. The security shall be in an amount to be determined by
Village based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall remain
in force until the surety is released from liability by the Village, provided
that such period shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to be acceptable
to the Village. Per annum interest on cash escrow deposits, if any, shall
be reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the Village with a cash escrow, a maintenance bond, or an irrevocable
letter of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and erosion
control facilities both during and after construction and until the facilities
are removed from operation. If the developer or landowner fails to properly
operate and maintain stormwater management and erosion and sediment control
facilities, the Village may draw upon the escrow, bond, or account, from time
to time, to cover the costs of proper operation and maintenance, including
engineering and inspection costs. To the extent that such escrow, bond, or
letter of credit, because of such draw, is no longer sufficient to ensure
the proper operation and maintenance of the facilities, the Village may require
an additional escrow, bond, or letter of credit.
C.
Recordkeeping. The Village may require entities subject
to this article to maintain records demonstrating compliance with this article.
The Village may require any person undertaking land development activities
regulated by this article to pay reasonable costs at prevailing rates for
review of SWPPPs, inspections, or SMP maintenance performed by the Village
or performed by a third party for the Village in accordance with such resolutions
as may be adopted from time to time by the Board of Trustees.
A.
Notice of violation. When the SMO, his designee, or other
designee of the Board of Trustees determines that a land development activity
is not being carried out in accordance with the requirements of this article,
he 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 article, 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 Village Building Commissioner by filing a written notice of
appeal within 15 days of service of notice of violation.
B.
Stop-work orders. The Building Inspector, his designee,
or other designee of the Board of Trustees may issue a stop-work order for
violations of this article. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that address
the violations leading to the stop-work order. The stop-work order shall be
in effect until the Village confirms that the land development activity is
in compliance and the violation has been satisfactorily addressed. Failure
to address a stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures authorized
in this article.
C.
Violations. Any land development activity that is commenced
or is conducted contrary to this article may be restrained by injunction or
otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. Violations of this article shall be deemed misdemeanors.
Each week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
article, the SMO may prohibit the occupancy of said building or land.
F.
Restoration of lands. Any violator may be required to
restore land to its undisturbed condition or to such other condition as shall
best protect the property and the adjacent properties from the problems of
erosion and sediment deposits off the land that may be required by virtue
of the actions of the violator, all in the discretion of the SMO. In the event
that restoration is not undertaken within a reasonable time after notice,
the SMO may either:
(1)
Direct that the remediation and/or restoration work be
performed with Village personnel and/or third-party contractors, and the cost
thereof shall constitute a lien, charge, and levy upon the real property where
upon the violation exists until it is paid or otherwise satisfied or discharged
and shall be collected by the Village Treasurer. Such charge shall include,
among other things, administrative, legal, engineering and all other actual
fees and expenses incurred by the Village and shall be collected in the same
manner provided by law for the collection of delinquent taxes; or
(2)
Seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property, at the cost
and expense, including those of the litigation and the fees of witnesses and
attorneys, of the violator.
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.
[Adopted 12-19-2006 by L.L. No. 4-2006]
A.
It is the intent of this article to prohibit illicit
discharges, activities, and connections to the Village of Sands Point separate
storm sewer system that will satisfy the relevant part of the Phase II stormwater
management requirements of the National Pollutant Discharge Elimination System
regulations, administered by New York State through the State Pollutant Discharge
Elimination System regulations, and to provide for the health, safety, and
general welfare of the citizens of the Village through the regulation of nonstormwater
discharges to the 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 MS4s.
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 prohibit illicit connections, activities, and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance, and monitoring procedures necessary to ensure compliance with
this article; and
(5)
To promote public awareness of the 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.
A.
For the purposes of this article, certain terms and words
are hereby defined. Words used in the present tense include the future, words
in the singular include the plural, and words in the plural include the singular;
the word "shall" is mandatory.
B.
Best Management Practices
BMPS
Clean Water Act
Construction Activity
DEC
Design Professional
EPA
Hazardous Materials
Illicit Connections
(1)
(2)
Illicit Discharge
Industrial Activity
MS4
Municipal Separate Storm Sewer System
NYCRR
Nonstormwater Discharge
Person
Pollutant
Premises
SMO
SPDES
SPDES General Permit For Construction Activities Gp-02-01
SPDES General Permit For Stormwater Discharges From Municipal Separate
Stormwater Sewer Systems GP-02-02
SPDES Stormwater Discharge Permit
Special Condition
(1)
(2)
(3)
(4)
State
Stormwater
Stormwater Management Officer
303(D)List
TMDL
Total Maximum Daily Load
Wastewater
As used in this article, the following terms shall have
the meanings indicated:
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.
Best management practices. See "best management practices."
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
An activity 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 in land disturbance of
one acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A professional engineer or architect licensed by the state.
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 illegal discharge to enter the MS4, including but not limited to:
Any conveyances which allow any nonstormwater discharge, including 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 this article.
An activity requiring an 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):
New York Codes, Rules, and Regulations.
Any discharge to the MS4 that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
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 pertinent standards promulgated
by the federal government, the state, the Village, or any other municipality
or department thereof having legal jurisdiction to impose such standards.
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
The Stormwater Management Officer. See "Stormwater Management Officer."
State Pollutant Discharge Elimination System.
A DEC SPDES permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A DEC SPDES permit 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.
A permit issued by the DEC that authorizes the discharge of pollutants
to waters of the state.
Discharge compliance with water quality standards: a condition that
applies when the Village has been notified 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 Village must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water quality
standards.
303(d) listed waters: a condition in the Village's MS4 permit that
applies when 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 strategy: a condition in the Village'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 Village was required to modify
its stormwater management program to ensure that reduction of the pollutant
of concern specified in the TMDL is achieved.
A condition in the Village'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 such condition, the Village 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
Village 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.
The State of New York.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, or his designee, as the designated officer
of the Village to enforce this article.
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 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.
Total maximum daily load. See "total maximum daily load."
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.
Water that is not stormwater, is contaminated with pollutants, and
is or will be discarded.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this
article.
A.
Prohibition of illicit discharges. No person shall discharge
or cause to be discharged into the MS4 any materials other than stormwater.
The commencement, conduct, or continuance of any illegal discharge to the
MS4 is prohibited, except as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this article, unless the DEC or the Village has determined
them to be substantial contributors of pollutants: water line flushing or
other potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater infiltration
to storm drains, uncontaminated pumped groundwater, foundation or footing
drains, crawl space or basement sump pumps, air conditioning condensate, irrigation
water, springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing 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 Village
laws is an allowable discharge but requires a verbal 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 DEC, 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 DEC approval
has been granted for any discharge to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance, or continued existence
of illicit connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time
of connection.
(3)
A person is considered to be in violation of this article
if the person connects a line conveying sewage to the Village's MS4 or
allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system
in areas tributary to the Village's MS4. A failing individual sewage
treatment system is one which has one or more of the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground
surface.
C.
A connection or connections to a separate stormwater
sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual
sewage treatment system that could lead to any of the other failure conditions
as noted in this section.
F.
Contamination of off-site groundwater.
B.
Upon notification to a person that such person is engaged
in activities that cause or contribute to violations of the Village's
MS4 SPDES permit authorization, such person shall immediately commence and
continue thereafter with all due diligence to take all reasonable actions
to correct such activities such that such person no longer causes or contributes
to violations of the Village's MS4 SPDES permit authorization.
A.
Best management practices.
(1)
Where the SMO has identified illicit discharges or activities
contaminating stormwater, the Village may require implementation of BMPs to
control those illicit discharges and activities.
(2)
The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the MS4 through the use of structural
and nonstructural BMPs.
(3)
Any person responsible for a property or premises which
is, or may be, the source of an illicit discharge or an activity contaminating
stormwater may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s)
to the MS4.
(4)
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.
Individual sewage treatment systems.
(1)
Response to special conditions requiring no increase
of pollutants or requiring a reduction of pollutants. Where individual sewage
treatment systems are contributing to the Village's being subject to
the special conditions, the owner or operator of such individual sewage treatment
systems shall be required to maintain and operate individual sewage treatment
systems as follows:
(a)
Inspect the septic tank annually to determine scum and
sludge accumulation. Septic tanks must be pumped out whenever the bottom of
the scum layer is within three inches of the bottom of the outlet baffle or
sanitary tee or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee.
(b)
Avoid the use of septic tank additives.
(c)
Avoid the disposal of excessive quantities of detergents,
kitchen wastes, laundry wastes, and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash, and other such items.
(e)
Most tanks should be pumped out every two to three years.
However, pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the septage
hauler at the time of pumping of the tank contents.
(2)
Repair or replace individual sewage treatment systems
as follows:
(a)
In accordance with 10 NYCRR Appendix 75A, as the same
may be amended or superseded from time to time, to the maximum extent practicable.
(b)
A design professional shall prepare design plans for
any type of absorption field that involves:
(c)
A written certification of compliance with the regulations
shall be submitted by the design professional to the Village at the completion
of construction of the repair or replacement system.
A.
Suspension of access to MS4. 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 a suspension order issued in an emergency,
the SMO may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons.
B.
Suspension due to detection of illicit discharge. Any
person discharging to the Village'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 the SMO 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. A person commits an offense if the person reinstates MS4 access
to premises terminated pursuant to this subsection 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 SMO
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.
(3)
The Village shall have the right to set up on any facility
subject to this article such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The Village has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article.
(5)
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.
(6)
Unreasonable delays in allowing the Village access to
a facility subject to this article are a violation of this article. A person
who is the operator of a facility subject to this article commits an offense
if the person denies the Village reasonable access to the facility for the
purpose of conducting any activity authorized or required by this article.
(7)
If the SMO has been refused access to any part of the
premises from which stormwater is discharged and the SMO is able to demonstrate
probable cause to believe that there may be a violation of this article or
that there is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this article or any
order issued hereunder, then the SMO may seek issuance of a search warrant
from the Village Court or, at its option, any other court of competent jurisdiction.
A.
Notwithstanding other requirements of law, as soon as
any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or suspected
release of materials which are resulting or may result in illegal discharges
or pollutants discharging into the MS4, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release.
B.
In the event of such a release of hazardous materials,
said person shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services.
C.
In the event of a release of nonhazardous materials,
said person shall notify the Village in person or by telephone or facsimile
no later than the next business day.
D.
Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the Village within three business
days of the telephone notice.
E.
If the discharge of prohibited materials emanates from
a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least
three years.
A.
Notice of violation. When the SMO, his designee, or other
designee of the Board of Trustees determines that a person has violated a
prohibition or failed to meet a requirement of this article, the SMO or such
designee 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 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)
Payment of a fine;
(6)
The implementation of source control or treatment BMPs;
and
(7)
If abatement of a violation and/or restoration of affected
property is/are 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 Village may perform the remediation or restoration and the cost
thereof shall become a lien upon the land until paid and, if not paid prior
thereto, may be added to the next year's real estate taxes, collected
in the same manner as and with the annual Village real estate taxes.
B.
Violations. Any activity that is commenced or is conducted
contrary to this article may be restrained by injunction or otherwise abated
in a manner provided by law.
C.
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. For the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this article shall be considered
misdemeanors, and for such purpose only, all provisions of law relating to
misdemeanors shall apply to such violations. Each week's continued violation
shall constitute a separate additional violation.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. If a person has violated
or continues to violate the provisions of this article, the SMO may petition
for a preliminary or permanent injunction restraining the person from activities
which would create further violations or compelling the person to perform
abatement or remediation of the violation.
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this article is a threat to public health, safety, and welfare and is declared
and deemed a nuisance and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies
available under any applicable federal, state, or local law, and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
