[HISTORY: Adopted by the Town Board of the Town of Somers 9-11-2008 by L.L. No. 8-2008. Amendments noted where applicable.]
Critical environmental areas — See Ch. 84.
Environmental quality review — See Ch. 92.
Excavations — See Ch. 94.
Scenic resource protection — See Ch. 138.
Steep slopes protection — See Ch. 148.
Subdivision of land — See Ch. 150.
Wetlands and watercourse protection — Ch. 167.
Zoning — See Ch. 170.
Editor's Note: This chapter also repealed former Ch. 93, Erosion and Sediment Control, adopted 2-9-2006 by L.L. No. 3-2006.
It is hereby determined that:
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;
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitats;
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
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;
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.
It is the intent of the Town of Somers to establish minimum stormwater management requirements and controls to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating, and controlling the design, use and maintenance of any development or other activity which disturbs or breaks the surface of soil or results in the movement of earth on land situated in the Town. This chapter seeks to meet those purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), as amended or revised;
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, as amended or revised;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
Customary meanings. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Certain words or phrases used in this chapter shall be interpreted as defined below; and where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals as stated in § 93-2.
Defined phrases. As used in this chapter, the following terms shall have the meanings indicated:
- Any work on an existing structure that changes the external dimensions of such structure.
- ADJACENT PARCEL
- All parcels contiguous to the subject parcel, as well as all parcels downstream of the subject parcel within the natural or actual drainageway or watercourse.
- Any Town of Somers official who is designated to administer and enforce this chapter.
- AGRICULTURAL ACTIVITY
- 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 work on an existing structure that affects the interior of the structure but does not change its external dimensions.
- A property owner or agent of a property owner who has filed an application for a land development activity.
- APPROVING AUTHORITY
- The Planning Board, Town Engineer or his/her authorized representative, or other approving authority to whom oversight of this chapter is given by the Town Board.
- 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.
- BUILDING INSPECTOR
- The Building Inspector of the Town of Somers, or his/her assistant.
- BUILDING PERMIT
- A permit issued by the municipality for the construction, erection, or alteration of a structure or building.
- A formal attestation that the specific inspections and tests, where required, have been performed and that such tests comply with applicable requirements of this chapter.
- CERTIFIED CUBIC YARDS
- The measurement used to determine the amount of material in excavation and/or fill measured by the method of average end areas.
- CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
- A person who has received training and is certified by CPESC Inc. to review, inspect, and/or maintain erosion and sediment control practices.
- 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.
- DESIGN MANUAL
- The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
- A person who undertakes land development activities.
- Any man-made change to unimproved real estate, including but not limited to the building of other structures, mining, dredging, filling, grading, paving, removal of vegetation, excavation, blasting or drilling operations.
- Any channel that conveys surface runoff throughout the site.
- EROSION AND SEDIMENT CONTROL PERMIT
- A permit issued by the Town of Somers for an approved erosion and sediment control plan which allows for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan or set of plans, prepared by a New York State licensed engineer, architect, landscape architect, or certified professional in erosion and sediment control (CPESC) or by the Westchester County Soil and Water Conservation District, indicating the specific measures and sequencing to be used to control sediment and erosion on a development site both during and after construction.
- EROSION CONTROL
- A measure that prevents erosion.
- EROSION CONTROL MANUAL
- The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
- Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, or spread, and shall include the resulting conditions.
- EXISTING GRADE
- The elevation of the existing ground surface prior to excavation or filling.
- Any act by which earth, sand, gravel, or other material is deposited, placed, replaced, dumped, transported, or moved by man to a new location.
- FINAL GRADE
- The elevation of the ground or pavement surface after the grading work is completed in accordance with the approved plan.
- The channel of a river, stream, brook, or other watercourse and the adjacent areas that must be reserved in order to convey the one-hundred-year flood without cumulatively increasing the water surface elevation more than one foot, as shown on the Federal Emergency Management Agency Floodway Map.
- Excavation or fill or any combination thereof, and shall include the conditions resulting from any excavation or fill.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
- INDUSTRIAL STORMWATER PERMIT
- 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.
- JURISDICTIONAL WETLAND
- 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."
- LAND DEVELOPMENT ACTIVITY
- Construction activity including clearing, grading, excavation, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet 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.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- NATURAL DRAINAGE
- Channels formed in the existing topography of the land prior to changes made by human activities.
- NONPOINT SOURCE POLLUTION
- 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.
- All contiguous land under one ownership.
- PERIMETER CONTROL
- A barrier that prevents sediment from leaving a site by either filtering sediment-laden runoff or diverting the runoff to a sediment trap or basin.
- PERMANENT VEGETATION
- Mature ground cover to control soil erosion satisfactorily and to survive weather conditions.
- Any person to whom a permit is issued.
- PERMITTING AUTHORITY
- The administrative board or public official empowered to grant permits under this chapter.
- Any individual, firm, or corporation (public or private), the State of New York, and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, and any agent, servant, or employee of the foregoing.
- Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
- POLLUTANT OF CONCERN
- 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.
- QUALIFIED INSPECTOR
- A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified professional in erosion and sediment control (CPESC), or licensed landscape architect, or other NYS Department of Environmental Conservation (NYS DEC) endorsed individual(s). It also means someone working under the direct supervision of the licensed professional engineer or licensed landscape architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that an individual performing a site inspection has received four hours of training, endorsed by the NYS DEC, from a Soil and Water Conservation District, CPESC Inc. or other NYS DEC endorsed entity in proper erosion and sediment control principles every three years.
- The replenishment of underground water reserves.
- Cutting vegetation to the ground or leaving it as stumpage; complete extraction or killing by spraying.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special-concern species.
- A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation (would include all phases of a single development).
- SITE DEVELOPMENT
- Altering terrain and/or vegetation and any type of construction.
- SOIL STABILIZATION
- Measures that protect soil from the erosive forces of rain, flowing water, and wind, including, but not limited to, vegetative establishment, mulching, and the early application of gravel or stone base on areas to be paved.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
- A permit under the New York State Pollution 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.
- START OF CONSTRUCTION
- The first land-disturbing activity associated with a development, such as tree cutting, clearing, grading, and filling; installation of streets and walkways; excavation for basement, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings, such as garages.
- STOP-WORK ORDER
- An order issued which requires that all construction activity on a site be stopped.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER HOTSPOT
- 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.
- STORMWATER MANAGEMENT
- 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.
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
- STORMWATER MANAGEMENT OFFICER
- An employee or officer designated by the Town of Somers to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater practices; and under this chapter the duly appointed Town Engineer or his/her designated representative.
- STORMWATER MANAGEMENT PRACTICES (SMPs)
- 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.
- STORMWATER POLLUTION PREVENTION PLAN (SPPP)
- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
- STORMWATER RUNOFF
- Flow on the surface of the ground, resulting from precipitation.
- Any activity which removes the vegetative surface cover, including tree removal, clearing, and storage or removal of topsoil.
- SURFACE WATERS OF THE STATE OF NEW YORK
- Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marches, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and 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.
- TEMPORARY STREAM CROSSING
- A temporary structural span installed across a watercourse for use by construction traffic. Structures may include, but are not limited to, bridges, pipes, culverts, or fords.
- TOWN ENGINEER
- The duly appointed Town Engineer or his/her designated representative; and under this chapter, an employee or officer designated by the Town of Somers to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater practices.
- A grant of relief from the requirements of this chapter which permits a person to undertake construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.
- 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.
- WET SEASON
- The period from October 15 to April 15.
General applicability. The regulations established in this provision shall apply to all construction activities of 5,000 square feet and/or all construction activities that move 50 cubic yards or more of soil material within the Town of Somers, including any activity not physically completed prior to the effective date of this chapter.
Grandfathered projects. The provisions of this chapter shall not apply to any land use, improvement or development that has been physically completed prior to the effective date of this chapter. As used in this section, the term "physically completed" shall mean the actual completion of construction activities related to a regulated activity, including filling, erecting structures or other improvement or development activities.
A regulated activity that was approved prior to the effective date of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following:
All such activities shall continue to be governed by the present regulations of the Town of Somers.
No such activity shall be expanded, changed, enlarged or altered in such a way that increases its size or disturbance without compliance with this chapter.
If such activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this chapter.
If any such use or activity is destroyed by human activities, a force of nature or an act of God, it shall not be resumed except in conformity with the provisions of this chapter.
Activities or adjuncts thereof that are or become nuisances shall not be entitled to continue.
No construction activity shall be conducted, unless identified in § 93-5A as an exempt activity, without a written permit from the approval authority and full compliance with the terms of this chapter and other applicable regulations.
Exempt activities. The following uses shall be permitted as-of-right to the extent that they are not prohibited or regulated by any other law, ordinance, or regulation and to the extent that they do not constitute a pollution or erosion hazard:
Normal lawn maintenance.
Agriculture activity as defined in this chapter.
Routine maintenance activities that are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Grading of land in a uniform manner or other land disturbance activity that is less than 5,000 square feet in area.
Alteration of the exterior of a building and alteration of a building, provided that such exterior alteration does not increase land coverage.
Installation, renovation, or replacement of a septic system to serve an existing dwelling or structure(s).
Any emergency activity which is immediately necessary to the protection of life, property or natural resources.
The establishment of accessory structures, such as the installation of an aboveground pool, shed, playset, or creation of a garden, comprising less than 1,000 square feet in size on a residential property.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
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.
Landscaping and horticultural activities in connection with an existing structure.
Regulated activities subject to review of Planning Board. The Planning Board is the approval authority for stormwater management and erosion and sediment control applications in conjunction with the following:
Regulated activities subject to administrative permit. At the discretion of the approving authority, any development that does not fall within Subsections A and B above and proposes to disturb 5,000 square feet or more in area or the movement of 50 cubic yards or more of material requires an administrative permit subject to the requirements of this chapter.
No application for approval of a land development activity shall be reviewed until the appropriate board had received a stormwater pollution prevention plan (SPPP) prepared in accordance with the specifications in this chapter.
Contents of stormwater pollution prevention plans.
All SPPPs shall provide the following background information and erosion and sediment controls:
Background information about the scope of the project, including the location, type and size of project.
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; area 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 different soil types with boundaries; material, waste, borrow or equipment storage areas located on adjacent properties; and location(s) of the stormwater discharges(s). Site map should be at a scale no smaller than one inch equals 100 feet (e.g., one inch equals 500 feet is smaller than one inch equals 100 feet).
Description of the soil(s) present at the site, including an identification of the hydrologic soil group (HSG).
Construction phasing plan and sequence of operations 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 SPPP.
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.
Temporary and permanent soil stabilization plan that meets the requirements of the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization.
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
Dimensions, material specifications, installation details, and operation and maintenance requirements for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins and structural practices that will be used to divert flows from exposed soils.
Description and location of any stormwater discharges associated with industrial activity other than construction at the site, including, but not limited to, stormwater discharges from asphalt plants and concrete plants located on the construction site.
A description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented.
An inspection schedule for the developer or the contractor(s) that will be responsible for installing, constructing, repairing, inspecting and maintaining the erosion and sediment control practices included in the SPPP to ensure continuous and effective operation of the practices. The inspection schedule shall be in accordance with the requirements in the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control.
Identification of any elements of the design that are not in conformance with the technical standard, New York State Standards and Specifications for Erosion and Sediment Control. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard.
Land development activities as defined in § 93-3 of this chapter that disturb one or more acres of land and are listed in § 93-6A(2)(a) through (w) below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) designed in conformance with the enhanced phosphorus removal standards in the New York State Stormwater Management Design Manual.
Single-family home construction;
Single-family residential subdivisions;
Multifamily residential developments, includes townhomes, condominiums, senior housing complexes, and apartment complexes;
Churches and other places of worship;
Construction of a barn or other agricultural building (e.g., silo) and structural practices as identified in Table II in the Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State that include the construction or reconstruction of impervious area, excluding projects that involve soil disturbances of less than five acres;
Institutional facilities, includes hospitals, prisons, schools and colleges;
Industrial facilities, includes industrial parks;
Municipal facilities; includes highway garages, transfer stations, office buildings, POTWs and water treatment plants;
Racetracks, includes racetracks with earthen (dirt) surface;
Road construction or reconstruction;
Parking lot construction or reconstruction;
Athletic fields (natural grass) that include the construction or reconstruction of impervious area (greater than 5% of disturbed area) or alter the hydrology from predevelopment to postdevelopment conditions;
Athletic fields with artificial turf;
Permanent access roads or parking areas surfaced with impervious cover, and substations constructed as part of an overhead electric transmission line project, wind power project or cell tower project; and
All other construction activities, not listed above, that include the construction or reconstruction of impervious area and alter the hydrology from predevelopment to postdevelopment conditions.
SPPP requirements for land development activities that are subject to § 93-6A(2):
Description of each postconstruction stormwater management practice;
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
A detailed summary (including calculations) of the sizing criteria that was used to design all postconstruction stormwater management practices. At a minimum, the summary shall address the required design criteria from the applicable chapter of the New York State Stormwater Management Design Manual, including the identification of and justification for any deviations from the Design Manual, and identification of any design criteria that are not required based on the redevelopment criteria or waiver criteria included in the Design Manual;
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
An operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each postconstruction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each practice;
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;
Plan preparation and certification. For land development activities as defined in §§ 93-3 and 93-6A(2) of this chapter, the SPPP shall be prepared by a registered landscape architect or professional engineer 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.
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 SPPP.
Each contractor and subcontractor identified in the SPPP who will be responsible for installing, constructing, repairing, inspecting and maintaining the erosion and sediment control practices included in the SPPP and the postconstruction stormwater management practice installation must sign and date a copy of the following contractor 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; and that I, or one of my on-site staff, has received a minimum of four hours of acceptable training in erosion and sediment control within the last three years. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
The certification must include the name and title of the person providing the signature; address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
The certification statement(s) shall become part of the SPPP for the land development activity.
A copy of the SPPP 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.
Working in or crossing watercourses.
Construction vehicles should be kept out of watercourses to the greatest extent possible. Where channel work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must be restabilized at the end of each day once in-channel work has begun. Channel work is not permitted during the wet season or as may be prescribed by the approval authority.
Where a watercourse must be crossed by construction vehicles regularly during construction, a temporary stream crossing must be provided. In the event that any work is conducted in wetlands, as the term is defined in Chapter 167 of the Code of the Town of Somers, those permit procedures shall apply.
Underground utility construction.
The construction of underground utility lines involving installation, maintenance, or repair which disturbs more than 10,000 square feet shall be subject to the following criteria:
No more than 300 feet of trench are to be opened at one time unless approval to open a greater length is granted by the Town Engineer.
Where consistent with safety and space considerations, excavated material is to be placed on the uphill side of the trenches.
Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or off-site property.
Individual service connections, telephone, and electric lines and underground public utility lines under streets or sidewalks are exempt from the above requirements.
Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specification 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:
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, referred to as the Design Manual), including the enhanced phosphorus removal standards.
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
Equivalence to technical standards. Where stormwater management practices are not designed in accordance with the technical standards referenced in § 93-7A, the applicant or developer must demonstrate equivalence to these standards and the SPPP shall be prepared by a licensed professional.
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
Maintenance and inspection during construction.
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 chapter. Sediment shall be removed from sediment traps of sediment ponds whenever their design capacity has been reduced by 50%.
For land development activities as defined in § 93-3 of this chapter that disturb one or more acres of land, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site logbook.
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 agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Somers to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Somers.
Maintenance after construction. The owner or operator of permanent stormwater management practice(s) installed in accordance with this chapter shall ensure that the practice(s) are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
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.
Written procedures for operation and maintenance and training new maintenance personnel.
Maintenance agreements. The Town of Somers shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of the Sample Stormwater Control Facility Maintenance Agreement as prepared by the New York State Department of Environmental Conservation and on file at the Town Clerk and Planning and Engineering offices. The Town of Somers, 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.
Application required. Except as otherwise provided in this chapter, no person shall commence or perform any land disturbing activity not exempted from this section, including but not limited to grading, stripping, excavating or filling, without first obtaining a stormwater management and erosion and sediment control permit from the permitting authority. Application for a permit shall be made to the approval authority on forms furnished by the Planning and Engineering Department. When a stormwater management and an erosion and sediment control permit is required for improvements associated with a subdivision, site plan, wetland or steep slope application, a separate erosion and sediment control application form is not required, however, the required fee shall be submitted in accordance with a fee schedule adopted by the Town Board. The approval authority shall review the subdivision, site plan, wetland or steep slope applications using the standards established by this chapter.
Coordination with other reviews. It is the intent of this chapter to incorporate the consideration of stormwater management, soil erosion and sediment control into the Town's extant land use and development approval procedures in conjunction with the procedures of the State Environmental Quality Review Act whenever applicable. To the maximum extent possible, the review, hearings and decision upon any application processed under this chapter shall be coincident with similar procedures that the approval authority may undertake in regard to other applications that are directly related.
Notice to agencies. Upon submission of a completed application, the Planning and Engineering Department shall notify all interested agencies required by applicable statutes, the Town Board, the Open Space Committee and any agency so designated by resolution of the Town Board of an opportunity to provide comment.
[Amended 5-17-2012 by L.L. No. 3-2012]
Town of Somers Open Space Committee review. The Open Space Committee shall review the Planning Board applications within 30 days of the date of the Planning and Engineering Department's transmittal letter and shall file a written report to the approval authority with its recommendations concerning the application. Such report shall evaluate the proposed operation or project in terms of the findings, intent and standards of this chapter.
[Amended 5-17-2012 by L.L. No. 3-2012]
Westchester County Soil and Water Conservation District review. The Westchester County Soil and Water Conservation District may be consulted for review and recommendations for all applications for any permits involving land-disturbing activity which involves construction on slopes in excess of 25%, excavation or fill of 20,000 cubic yards or more of material, is within 100 feet of a watercourse, as defined herein, or within 100 feet of wetlands as classified by the unified definition or for any applications for permits involving any land-disturbing activities in the Town of Somers. If the Westchester County Soil and Water Conservation District fails to make any recommendation within 30 days upon receipt of mailing, such referral shall be deemed to constitute no objection to the application.
SEQRA compliance. An application shall not be deemed complete until and unless the applicant has complied fully with the procedures of the State Environmental Quality Review Act.
Expiration of approval. All permits shall expire upon completion of the acts specified and, unless otherwise indicated, shall be valid for a period of one year from the date of issue. An extension of an original permit may be granted upon written request to the approval authority by the original permit holder or his/her legal agent. The approval authority may require a new application be filed if, in its judgment, the original intent of the permit is altered or extended by the renewal or if the applicant has failed to abide by the terms of the original permit in any way. The request for renewal of a permit shall follow the same form and procedure as the original application.
An application for a stormwater management and an erosion and sediment control permit shall be made by the owner of the property or his authorized agent with the Planning Board through the Planning and Engineering Department. Each application shall include an erosion and sediment control plan. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. Furthermore, each application shall include a certification that any land clearing, construction or development involving the movement of earth shall be in accordance with the plans approved by issuance of the permit.
Each application for a permit hereunder shall be accompanied by the following information and/or items, except submittals and/or their substantial equivalents as in the case of the administrative permit application where required by the Town Engineer or his/her authorized representative.
The applicant may be required to file with the Town of Somers a stormwater management and erosion and sediment control bond or other improvement security satisfactory to the Town Attorney in an amount deemed sufficient by the permitting authority to cover all costs of improvements, landscaping, maintenance of improvements, and landscaping for such period as specified by the Town, and engineering inspection costs to cover the cost of failure or repair of improvements installed on the site.
Each application for a stormwater management plan and an erosion and sediment control permit shall be reviewed and acted upon according to the following procedures:
The permitting authority will review each application for a stormwater management plan and an erosion and sediment control permit to determine its completeness and conformance with the provisions of this chapter. The permitting authority, within 31 days of receipt of the application, shall make a determination as to whether an application is complete.
Referrals. The permitting authority, upon receipt of a completed application or upon a determination of completion, may refer the completed application and supporting plans and documents to the Westchester County Soil and Water Conservation District on all applications meeting the criteria set forth in this chapter. All applications not handled by the Town Engineer administratively may be referred to the Open Space Committee for review and comment. The Westchester County Soil and Conservation District or the Open Space Committee, as applicable, shall be required to review the application within 30 days of receipt thereof and shall file a written report with the permitting authority with its recommendations concerning the application, including, but not limited to, an evaluation of the completeness of the application. Such report shall evaluate the proposed operation or project in terms of the management objectives and principles of this chapter and shall include the effect of such operation or project on the project area. The permitting authority may also refer any application, where applicable, to any other governmental or public agency within whose jurisdiction the site is located for review and comment.
[Amended 5-17-2012 by L.L. No. 3-2012]
No stormwater management and erosion and sediment control permit shall be issued for the proposed site plan, subdivision, wetland or steep slope site unless:
The development has been approved by the Town of Somers, where applicable;
Such permit is accompanied by or combined with a valid building permit issued by the Town of Somers; and
The proposed earthmoving is coordinated with any overall development previously approved by the Town of Somers for the area in which the site is situated.
Pending preparation and approval of a revised plan, development activities shall be allowed by the approval authority.
The permitee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Town of Somers or its officers will not be made liable for such damage by:
The issuance of a permit under this chapter;
Compliance with the provisions of that permit or with conditions attached thereto;
Failure of municipal officials to observe or recognize hazardous or unsightly conditions;
Failure of municipal officials to recommend denial of or to deny a permit; or
Exemptions from the permit requirements of this chapter.
Required inspections; notification; violations.
The Town of Somers Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SPPP), as approved. To obtain inspections, the applicant shall notify the Town of Somers enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
Start of construction.
Installation of sediment and erosion control measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Successful establishment of landscaping in public areas.
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 or the Town Engineer or his/her authorized representative.
Stormwater management practice inspections. The Town of Somers Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards of 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.
Submission of reports. The Town of Somers Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Somers the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 93-15C.
If at any stage of the grading (at any development site), the Town Engineer or his/her authorized representative determines, by inspection, that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, watercourse, or drainage structure, the Stormwater Management Officer, Town Engineer or his/her authorized representative may require as a condition of allowing the work to be done that such reasonable precautions be taken as are considered advisable to avoid the likelihood of such peril. Special precautions may include, but are not limited to, reducing the grade of exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing, installation of plant materials for erosion control, and recommendations to use a registered engineer, CPESC individual and/or geologist, which may make requirements for further work.
Where it appears that storm damage may result from incomplete grading on any construction site, work may be stopped and the permittee may be required to install temporary structures or take such other measures as may be necessary to protect adjoining property or public safety. On large developments or where unusual site conditions prevail, the Town Engineer may specify the time of start for grading and time of completion or may require that the operations be conducted in specific stages to ensure completion of protective measures or devices prior to the advent of seasonal rains.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Somers in its approval of the stormwater pollution prevention plan, the Town of Somers may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Somers as beneficiary. The security shall be in an amount to be determined by the Town of Somers 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 Town of Somers, 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 Town of Somers. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Somers 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, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Somers may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Recordkeeping. The Town of Somers may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
Notice of violation. When the Town of Somers 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:
The name and address of the landowner, developer or applicant;
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
A statement specifying the nature of the violation;
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;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
Stop-work orders. The Town of Somers may issue a stop-work order for violation of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Somers 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.
Violations. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
Any person found violating any provision of this chapter or conditions duly imposed pursuant thereto shall be served by the Town Engineer or his/her authorized representative with a written notice stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action taken by the violator.
Any person who is found to have violated, disobeyed or disregarded any provision of this chapter shall be liable to the people of the Town of Somers for a civil penalty not to exceed $10,000 for every such violation, to be assessed by the Town Court, after a hearing or opportunity to be heard before the Town Court.
The Town Court shall have the power, following a hearing, to direct the violator to cease violation of the chapter and satisfactorily restore the affected area to its condition prior to the violation or otherwise complete the terms and conditions of the permit. The Town Court may order the use of all or part of any performance bonds to complete, restore or otherwise improve the affected area.
Any person found violating any provision of this chapter or conditions duly imposed pursuant thereto shall, for the first offense, be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000.
For a second and each subsequent offense, such person shall be guilty of a misdemeanor punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of no more than six months, or both.
Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
The Town Attorney shall prosecute any person alleged to have violated the provisions of this chapter and shall seek equitable relief to restrain any violation or threatened violation of its provisions.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Somers may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Somers may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SPPPs, inspections or SMP maintenance performed by the Town of Somers or performed by a third party for the Town of Somers.
Major amendments to the site development or the stormwater pollution prevention plan shall be submitted to the permitting authority and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature may be authorized by the permitting authority by written authorization to the permittee. There shall be no oral authorization amending an erosion and sediment control plan.
All erosion and sediment control permits shall expire if the work authorized by such permit is not substantially started within one year or is not completed by a date which shall be specified in the permit. The permitting authority may, upon written presentation of sufficient justification for delay made prior to the expiration of the permit, grant a reasonable extension of time to begin the work prescribed under the permit. An extension of an original permit may be granted upon written request to the permitting authority at least 30 days prior to the expiration date of the original permit. The request for a renewal of a permit shall follow the same form and procedure as the original application.
If in any case the provisions of this chapter conflict with any other provisions of the Code of the Town of Somers, the provisions which impose the more stringent requirement shall apply.
All development and improvement allowed by right or allowed by permit shall also conform to all rules and regulations contained in the Code of the Town of Somers and all other applicable laws and regulations.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered or as determined by such judgment.