[HISTORY: Adopted by the Town Board of the Town of New Castle 4-10-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
Zoning — See Ch. 60.
Flood damage prevention — See Ch. 70.
Littering — See Ch. 85.
Sewer uses — See Ch. 102.
Steep slope protection — See Ch. 108.
Illegal discharges and illicit connections — See Ch. 108B.
Subdivision of land — See Ch. 113.
Tree preservation — See Ch. 121.
Watercourses — See Ch. 135.
Wetlands — See Ch. 137.
This chapter shall be known and may be cited as the "Stormwater Management and Erosion and Sediment Control Local Law of the Town of New Castle."
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 habitat;
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 Town;
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.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact in § 108A-2 hereof. 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), Permit No. GP-02-02, or 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 GP-02-01, or as amended or revised;
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;
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.
All land development activities, including but not limited to land development activities subject to review and approval by the Planning Board or the Zoning Board of Appeals of the Town under subdivision, site plan, special permit, steep slope, wetland, and/or tree removal permit regulations, shall be reviewed subject to the standards contained in this chapter.
The Town shall designate a Stormwater Management Officer who shall accept, review and be the approving authority for all stormwater pollution prevention plans, except as follows:
The Planning Board shall be the approving authority for any application involving property that is also the subject of a pending site plan, subdivision or special permit application before that Board in accordance with the zoning requirements of the Town or steep slopes, wetlands or tree removal permit in accordance with Town Code.
The Zoning Board of Appeals shall be the approving authority for any application involving property that is also the subject of a pending special permit application before that Board in accordance with the zoning requirements of the Town.
The approving authority may review the plans; upon approval by the Town Board, 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 said governing board; or accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
The following activities shall be exempt from review under this chapter:
Agricultural activity as defined in this chapter.
Silvicultural activity, except that landing areas and log haul roads are subject to this chapter.
Repairs and routine property maintenance activities that disturb less than one acre and maintain the original line and grade.
Repairs and routine maintenance to any stormwater management practice deemed necessary by the Stormwater Management Officer.
Land development activities for which a building permit has been approved on or before the effective date of this chapter.
Installation of a fence, sign, telephone and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
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.
Horticultural activities in connection with an existing structure.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meaning as set forth in this section.
- 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.
- A property owner or agent of a property owner who has filed an application for a land development activity.
- A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
- Any activity that removes the vegetative surface cover.
- The deliberate appropriation of property by its owner for general public use.
- The New York State Department of Environmental Conservation.
- 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.
- 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."
- Excavation or fill of material, including the resulting conditions thereof.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt 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.
- A. All areas of at least 1/10 of an acre, and all areas regardless of size within an Environmental Protection Overlay District, that comprise hydric soils and/or are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of hydrophytic vegetation as defined by the Federal Interagency Committee for Wetlands Delineation 1989; Federal Manual for Identifying and Delineating Jurisdictional Wetlands; United States Army Corps of Engineers, United States Environmental Protection Agency, United States Fish and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington, D.C.; Cooperative Technical Publication.
- B. Watercourses as defined herein.
- C. Any area either larger or smaller than 1/10 of an acre, meeting all other requirements of a wetland, within 100 feet of other similar areas shall be considered as one wetland if the total of the areas is greater than 1/10 of an acre.
- LAND DEVELOPMENT ACTIVITY
- Any construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
equal to or greater than 5,000 square feet or the creation of greater
than 1,000 square feet of new impervious area.[Amended 4-14-2009 by L.L. No. 4-2009]
- 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 constitutes a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- 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.
- Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.
- Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
- 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.
- The replenishment of underground water reserves.
- 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, habitats for threatened, endangered or special concern species.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- 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 GP-02-02
- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards
- The use of practices that prevent exposed soil from eroding.
- STOP-WORK ORDER
- An order issued which requires that all land development activity and/or other 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
- The Town Engineer or his representative as designated by the Town Board.
- 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 (SWPPP)
- 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.
- SURFACE WATERS OF THE STATE OF NEW YORK
- Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
- The Town of New Castle, New York.
- Any natural or artificial, permanent or intermittent, public or private surface water body or surface water segment, such as ponds, lakes, reservoirs, rivers, streams, brooks or waterways, that are contained within, flow through or border on the Town.
- A channel that directs surface runoff to a watercourse or to the public storm drain.
No application for approval of a land development activity shall be reviewed until the appropriate approving authority has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. All SWPPPs shall be submitted in hard copy and in an electronic file format to the appropriate approving authority as specified in § 108A-4C.
[Amended 3-27-2012 by L.L. No. 1-2012]
All SWPPPs shall provide the following background information and erosion and sediment controls:
Background information about the scope of the project, including 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 be at a scale no smaller than one inch equals 50 feet and 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 discharge(s);
Description of the soil(s) present at the site;
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the "New York Standards and Specifications for Erosion and Sediment Control" (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
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;
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;
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 close-out;
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 and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
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;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
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;
Any existing data that describes the stormwater runoff at the site; and
An acknowledgement by the landowner granting to the Town of New Castle and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
In addition to the information requirements of § 108A-7B, SWPPPs for land development activities disturbing one or more acres or creating greater than 1,000 square feet of new impervious area, whether or not those land development activities involve discharging a pollutant of concern to either an impaired water identified on the Department’s 303(d) list of impaired waters or to a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment, must provide the following water quantity and/or quality controls (post-stormwater construction controls):
[Amended 4-14-2009 by L.L. No. 4-2009]
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;
Comparison of post-development stormwater runoff conditions with pre-development conditions;
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
Maintenance easement(s) 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;
The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sedimentation control or in stormwater quality or professional engineer or other professional deemed qualified by the Department 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 chapter.
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.
Each contractor and subcontractor identified in the SWPPP and/or successor or substituted contractor or subcontractor who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
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 SWPPP for the land development activity.
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.
Proof that each contractor who will be involved in a land development activity has obtained training and/or certification in proper erosion and sedimentation control practices.
All land development activities shall be subject to the following performance and design criteria:
For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter.
The "New York State Stormwater Management Design Manual" (New York State Department of Environmental Conservation, most recent version, including applicable updates, hereafter referred to as the "Design Manual");
"New York Standards and Specifications for Erosion and Sediment Control", (Empire State Chapter of the Soil and Water Conservation Society, 2005, most recent version including applicable updates, hereafter referred to as the "Erosion Control Manual").
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards as set forth in § 108A-8 and the SWPPP shall be prepared by a professional engineer or certified professional in erosion and sediment control or in stormwater quality or other professional deemed qualified by the Department.
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.
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 or sediment ponds whenever their design capacity has been reduced by 50%, and placed in an acceptable location and properly stabilized.
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. Inspections shall be conducted and reports of those inspections shall be completed by a professional engineer or certified professional in erosion and sediment control or in stormwater quality or other professional deemed qualified by the Department every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be maintained in a site logbook.
Prior to the issuance of any approval that has a stormwater management facility other than one serving an individual single-family residence, the applicant or developer must execute an easement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall be in a form acceptable to counsel to the Town and shall provide for access to the facility at reasonable times for periodic inspection by the Town of New Castle 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 New Castle.
The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
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.
Prior to the issuance of any final plan approval, the applicant or developer must execute a formal maintenance agreement for stormwater management facilities, other than those serving an individual single-family residence, binding on all subsequent landowners. The maintenance agreement shall be in a form acceptable to Town Counsel and shall be recorded in the office of the County Clerk as a deed restriction on the property. The Town of New Castle, 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.
The 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 (SWPPP) as approved.
To obtain inspections, the applicant shall notify Town enforcement officials at least 48 hours before any of the following as required by the Stormwater Management Officer:
Start of construction;
Installation of sediment and erosion control measures;
Completion of site clearing;
Installation of constructed stormwater improvements;
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.
It shall be the primary responsibility of the landowner and the successor landowners to perform all necessary inspections, maintenance, reporting, adjustments, repair, replacement and reconstruction of the stormwater management facilities. If, at any time, the Stormwater Management Officer determines that necessary inspections, reports, maintenance, repairs, adjustments, replacement or reconstruction have not been properly performed, the Town may undertake to perform any such work or work that it finds, in its sole judgment, is necessary to preserve the stormwater management functions of stormwater management practices (SMPs), at the cost and expense of the landowner and the successor landowners. Copies of all bills, statements and invoices substantiating such costs, including costs of consultants, shall be included with written notice of same. Each lot shall individually and separately bear its equal share of such costs, and in the event that its share is not paid within 30 days of issuance of statements for this work, the amount of such share shall constitute a lien against such lot, which shall be levied and collected in the same manner as Town real estate taxes or in such manner otherwise provided by law. The landowner and the successor lot landowner shall be personally liable for payments of their respective shares of all such costs, including costs of collection and reasonable attorney's fees.
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 New York State licensed land surveyor or professional engineer.
Inspection programs may be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPEDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance records; sampling discharges, surface water, ground water, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
The Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town and other agencies having jurisdiction the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance 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 as the beneficiary. The security shall be in an amount to be determined by the Town 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, 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. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
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 New Castle 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. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Entities subject to this chapter shall maintain records demonstrating compliance with this chapter.
When the Town determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
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 Planning Board by filing a written notice of appeal within 15 days of service of notice of violation.
The Town may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
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.
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 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 $500 nor more than $1,000 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 $1,000 nor more than $2,500 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 chapter 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.
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. It shall be the obligation of the landowner to remediate the violation, at which time the Stormwater Management Officer shall further consider allowing occupancy of the building or land.
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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town Board, the Planning Board or Zoning Board of Appeals, in review of any application for a stormwater pollution prevention plan approval, may refer such application to such planner, attorney, engineer, environmental expert or other consultant engaged by the Town or to such Town professional staff as such Board shall deem reasonably necessary to enable it to review such application as required by law.
[Amended 4-14-2009 by L.L. No. 5-2009]
Fees charged by such consultant shall be in accord with fees usually charged for such services in the metropolitan New York region and pursuant to a contractual agreement between the Town and such consultant. All such fees shall be paid by the Town upon submission of a Town voucher, and the applicant shall reimburse the Town for the costs of such consultant upon submission of a copy of the voucher or at the discretion of the reviewing board in accordance with the escrow account procedure set forth below.
Costs for services of professional staff shall be in accord with hourly rates based upon actual salary and benefits paid by the Town. The applicant shall reimburse the Town for the costs of professional staff services upon submission of an invoice or at the discretion of the reviewing board, in accordance with the escrow account procedure set forth below.
The payment of such costs by the applicant shall be required in addition to any and all other fees required by this or any other section of this chapter or any other Town law, ordinance or regulation.
All charges for services shall be audited by the Town, and applicant costs shall be limited to those that are reasonable in amount and are necessary for the Town’s review and action on the application in accordance with the law.
Escrow accounts. At the time of submission of any application for a stormwater pollution prevention plan approval, the reviewing board may require the establishment of an escrow account, from which withdrawals shall be made to reimburse the Town for the cost of consultant fees and professional staff services. The applicant shall then provide funds to the Town for deposit into such account, in the amount to be determined by the reviewing board based upon its evaluation of the nature and complexity of the application. The applicant shall be provided with copies of any Town voucher for consultant fees as they are submitted to the Town and with Town staff time records for services for which reimbursement is sought. When the balance in such escrow account is reduced to 1/3 of its initial amount, the applicant shall deposit additional funds into such account to restore the balance in such account to the amount of the initial deposit. If such account is not replenished within 30 days after the applicant is notified, in writing, of the requirement for such additional deposit, the Board may suspend its review of the application. A building permit or certificate of occupancy or use shall not be issued unless all such applicants costs have been reimbursed to the Town. After all pertinent costs have been paid, the Town shall refund to the applicant any funds remaining on deposit.
[Amended 4-14-2009 by L.L. No. 5-2009]
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.