All land development activities shall be subject to the following performance
and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official standards 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:
(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") including
Chapter 10, Enhanced Phosphorus Removal Supplement.
(2)
New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 795-18A, and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the state of New York.
A.
The City may allow stormwater runoff into existing off-site
facilities upon request by the owner or developer to use said facilities,
and all related information shall be made part of the Stormwater Management
and Erosion Control Plan.
B.
The City may allow stormwater runoff into existing off-site
facilities that is otherwise of unacceptable quality or which would be discharged
in volumes or rates in excess of those otherwise allowed by this chapter,
provided that all of the following conditions are met:
(1)
It is not practical to completely manage runoff on the
site in a manner that meets the performance standards and design criteria.
(2)
There are off-site drainage facilities that are designed,
constructed and maintained in accordance with the requirements of this chapter.
(3)
The adverse environmental impacts on the site will be
minimized by the utilization of off-site drainage facilities.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
or his or her representative 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
33%.
(2)
The applicant or developer or his or her 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.
(3)
For land development activities as defined in § 795-6 and meeting Condition A, B or C in § 795-15B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
Maintenance easement(s). Prior to the issuance of any
approval that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a maintenance easement agreement that
shall be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility at reasonable
times for periodic inspection by the City of Canandaigua 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 City of Canandaigua.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes, as
a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The City of Canandaigua 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 Schedule B[1] of this chapter entitled "Sample Stormwater Control Facility Maintenance
Agreement." The City of Canandaigua, 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.
[1]
Editor's Note: Schedule B is on file in the City offices.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the City of Canandaigua in
its approval of the stormwater pollution prevention plan, the City of Canandaigua
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 City of Canandaigua as the beneficiary. The security
shall be in an amount to be determined by the City of Canandaigua 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 City of Canandaigua, 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 City of Canandaigua. Per annum interest on cash escrow deposits shall
be reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the City of Canandaigua with an irrevocable letter of credit renewed
annually 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 City of Canandaigua may draw upon the account to cover the costs of proper
operation and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The City of Canandaigua may require entities
subject to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Any development activity that is commenced without prior
approval of an SWPPP shall be deemed a public nuisance and may be restrained
by injunction or otherwise abated in a manner provided by law. 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 City may take necessary corrective action, the actual cost of which, plus
50% for inspection and other additional costs in connection therewith, shall
become a lien upon the property until paid.
B.
Plan approval and/or a development permit or a building
permit issued may be suspended or revoked by the City after written notice
is given to the owner or developer for any of the following reasons:
(1)
Violation(s) of the conditions of the SWPPP.
(2)
Construction not in accordance with approved plans.
(3)
Charges in any circumstances which were the basis for
the granting of a waiver or variance.
(4)
Noncompliance with a correction notice in relation to
the construction of control practices or management facilities.
C.
The City may withhold a certificate of occupancy on the
basis of failure to meet any substantial component of this chapter or to submit
as-built plans, when required, at the completion of the project.
D.
If there is any damage due to a violation of this chapter
or if any soil, liquid or other material is caused to be deposited upon or
to roll, flow or wash upon any public property, private property, watercourse
or right-of-way in violation of this chapter, the person, firm, partnership,
corporation, or other party responsible shall be notified and shall cause
the same to be removed from such property or way within 36 hours of notice.
In the event of an immediate danger to the public health or safety, notice
shall be given by the most expeditious means, and the violation shall be remedied
immediately. In the event it is not so remedied, the City shall cause such
remedy as necessary, and the cost of such by the City shall be paid to the
City by the party who failed to so remedy and shall be a debt owed to the
City above and beyond the approved performance guarantee.
E.
Any person, firm, partnership, corporation, or other
party who violates any provision of this chapter shall be guilty of a misdemeanor
and subject to a fine of not less than $350 nor more than $1,000 or imprisonment
not exceeding 15 days for the first offense. Any subsequent violation of the
provisions of this chapter shall be a misdemeanor, and upon conviction, such
person shall be subject to a fine of not less than $750 nor more than $1,000
or imprisonment not exceeding six months, or both such fine and imprisonment.
The imposition of any such penalty for the violation of this chapter shall
not excuse such violation nor permit the continuance thereof. The application
of the above penalty or penalties for a violation of the provisions of this
chapter shall not be held to prevent the removal of conditions prohibited
by this chapter by such legal means as may be proper.
F.
The continuation of an offense against the provisions
of this chapter shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
G.
The Code Enforcement Officer shall have the authority
to issue appearance tickets when the provisions of this Code are deemed to
be in violation.
The City of Canandaigua may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
City of Canandaigua or performed by a third party for the City of Canandaigua.
The City Council, may from time to time, on its own motion, on petition,
or on recommendation of the Planning Commission, and in accordance with the
laws of the State of New York, amend, supplement, or repeal the regulations
or provisions of this chapter.
The original version of this chapter was adopted by Ordinance No. 91-27
on December 12, 1991.
