[Added 12-7-2006 by L.L. No. 4-2006]
[Amended 8-1-2019]
In addition to this article, all development
activities must comply with other applicable state and federal laws,
including NYS SPDES General Permit.
A.
Findings of fact. It is hereby determined that:
(1)
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;
(2)
This stormwater runoff contributes to increased
quantities of water-borne pollutants, including siltation of aquatic
habitat for fish and other desirable species;
(3)
Clearing and grading during construction tend
to increase soil erosion and add to the loss of native vegetation
necessary for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater
management practices can increase the velocity of stormwater runoff,
thereby increasing stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow;
(6)
Substantial economic losses can result from
these adverse impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint
source pollution can be controlled and minimized through the regulation
of stormwater runoff from land development activities;
(8)
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.
(9)
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.
B.
Purpose. The purpose of this article is to establish
minimum stormwater management requirements and controls to protect
and safeguard the general health, safety, and welfare of the public
residing within this jurisdiction and to address the findings of fact
in this section. This article seeks to meet those purposes by achieving
the following objectives:
(1)
Meet the requirements of minimum measures 4
and 5 of the New York State Department of Environmental Conservation
(NYSDEC) State Pollution Discharge Elimination System (SPDES) General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s) Permit, or as amended or revised;
(2)
Require land development activities to conform
to the substantive requirements of the NYS SPDES General Permit for
Construction Activities General Permit, or as amended or revised;
(3)
Minimize increases in stormwater runoff from
land development activities in order to reduce flooding, siltation,
increases in stream temperature, and streambank erosion and maintain
the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
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.
C.
Statutory authority. In accordance with § 10
of the Municipal Home Rule Law of the State of New York, the Town
Board of the Town of Wilton has the authority to enact local laws
and amend local laws and for the purpose of promoting the health,
safety or general welfare of the Town of Wilton and for the protection
and enhancement of its physical environment. The Town of Wilton may
include in any such local law provisions for the appointment of any
municipal officer, employees, or independent contractor to effectuate,
administer and enforce such local law.
D.
Applicability.
(1)
This article shall be applicable to all land
development activities as defined in this chapter.
(2)
The municipality shall designate a Stormwater
Management Officer who shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable municipal
board. The Stormwater Management Officer may:
(a)
Review the plans;
(b)
Upon approval by the Town Board of the Town
of Wilton, engage the services of a registered professional engineer
(PE), registered landscape architect (RLA), or certified professional
in erosion and sediment control (CPESC) to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by said governing board; or
(c)
Accept the certification of a PE or RLA that
the plans conform to the requirements of this article.
(3)
All land development activities subject to review
and approval by the Town Board, or other designated Board, of the
Town of Wilton under subdivision, site plan, and/or special use permit
regulations shall be reviewed subject to the standards contained in
this article.
E.
Exemptions. The following activities may be exempt
from review under this article:
(1)
Agricultural activity as defined in this chapter.
(2)
Silvicultural activity.
(3)
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, including
road maintenance that does not disturb the soil, such as repaving.
(4)
Repairs to any stormwater management practice
or facility deemed necessary by the Stormwater Management Officer.
(5)
Any part of a subdivision if a plat for the
subdivision has been approved by the Town of Wilton on or before the
effective date of this article, but is still subject to the regulations
set forth in SPDES General Permit.
(6)
Land development activities for which a building
permit has been approved on or before the effective date of this article.
(7)
Individual cemetery graves.
(8)
Installation of fence, sign, telephone, and
electric poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to
protect life, property or natural resources.
(10)
Activities of an individual engaging in home
gardening by growing flowers, vegetable and other plants primarily
for use by that person and his or her family.
(11)
Landscaping and horticultural activities in
connection with an existing structure.
A.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article. (See § 129-205E, Exemptions.)
B.
Contents of stormwater pollution prevention plans.
(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 project;
(b)
Site map/construction drawing(s) for the project,
including a general location map at a scale that shows the relationship
of the site to water resources. 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); site
maps shall be at a scale no smaller than one inch equals 50 feet;
(c)
Description of the soil(s) present at the site;
(d)
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, and
the total disturbed acreage of each phase. A site plan shall be at
a scale that shows sufficient detail to illustrate the project phasing.
Consistent with the New York Standards and Specifications for Erosion
and Sediment Control, not more than five acres shall be disturbed
at any one time unless approved by the NYSDEC Regional Office pursuant
to GP-02-01 and pursuant to an approved site plan;
(e)
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)
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 sizing of any temporary sediment basins according to
the NY Standards and Specifications for Erosion and Sediment Control;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(l)
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)
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 as defined in this article and meeting Condition A, B, or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below, as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B, and
C:
(a)
All information in § 129-206B(1) of this article;
(b)
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 water quality
volume, stream channel protection volume, overbank flood control,
and extreme flood control storm events as defined in this article;
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(h)
In any case where the Town of Wilton will not
take ownership of the stormwater facility, 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;
C.
Plan certification. The SWPPP shall be prepared by
a RLA, CPESC or PE 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 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
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 these technical documents
shall be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design
Manual (New York State Department of Environmental Conservation, most
current version or its successor, hereafter referred to as the "Design
Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, August 2004, most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) 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)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. Quarterly reports must
also be prepared. The quarterly reports shall be delivered to the
Stormwater Management Officer. All inspection reports and quarterly
reports shall be copied to the site logbook.
B.
Stormwater management facility ownership. Proposed or future stormwater management facilities shall be dedicated to the Town of Wilton, or its designee, provided such facilities meet all the requirements of this article and § 109-35 of this Code and include adequate and perpetual access and sufficient area, by fee simple methods for stormwater management areas, and through dedication of roads, for inspection and regular maintenance.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall be operated and maintained 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. In such a case where the Town
of Wilton shall not be the owner of stormwater management facilities,
the following shall apply. The Town of Wilton 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 attached schedule, entitled "Sample Stormwater Control Facility
Maintenance Agreement."[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A.
Severability. If the provisions of any section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this article.
B.
Effective date. This article shall be effective upon
filing with the office of the Secretary of State.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Wilton Stormwater Management Officer
may require such inspections as 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 stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town of Wilton enforcement official at least 48 hours
before any of the following as required by the Stormwater Management
Officer:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping;
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the Stormwater
Management Officer.
(2)
Stormwater management practice inspections.
The Town of Wilton Stormwater Management Officer, or a designated
qualified consultant (must be a PE, RLA, or CPESC), 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 PE or RLA.
(3)
Inspection of stormwater facilities after project
completion. In cases where the Town of Wilton shall not be the owner
of stormwater management facilities, the following shall apply. 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 or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices. Inspections may be performed
by local government staff, or the local government may designate an
inspector required to be a PE, RLA, or CPESC. The designated inspector
is required to submit a report of his or her findings to the local
government.
(4)
Submission of reports. The Town of Wilton Stormwater
Management Officer may require monitoring and reporting from entities
subject to this article as are necessary to determine compliance with
this article.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Wilton the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3).
B.
Performance guarantee.
(1)
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 Wilton in its approval of the stormwater pollution prevention plan, the Town of Wilton will require the applicant or developer to provide, prior to construction, the relevant fee per stormwater management area as stated in § 63-15E of the Town of Wilton Code.
[Amended 7-3-2008]
(2)
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town of Wilton 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 Wilton may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The Town of Wilton may require
entities subject to this article to maintain records demonstrating
compliance with this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Wilton
determines that a land development activity is not being carried out
in accordance with the requirements of this article, it may issue
a written notice of violation to the landowner. The notice of violation
shall contain:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
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;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(f)
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.
(2)
Stop-work orders. The Town of Wilton 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
Town of Wilton 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.
(3)
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.
(4)
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. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed 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.
(5)
Withholding of certificate of occupancy. If
any building or land development activity is installed or conducted
in violation of this article, the Stormwater Management Officer may
prevent the occupancy of said building or land.
(6)
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 Wilton may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
D.
Fees for services. The Town of Wilton 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 Town of Wilton or performed by a third party for the Town of Wilton. See Chapter 63 of the Town of Wilton Code for the current fee schedule.
