[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 1-10-2008 by L.L. No. 1-2008. Amendments noted where
applicable.]
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land
development has a significant impact upon the health, safety and welfare
of the community.
B.
Eroded soil endangers water resources by reducing
water quality and causing the silting of streams, lakes and other
water bodies, adversely affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants
such as heavy metals, hydrocarbons, nutrients and bacteria to water
resources, degrading water quality.
D.
Eroded soil necessitates repair and accelerates the
maintenance needs of stormwater management facilities.
E.
Clearing, grading and altering natural topography
during construction tends to increase erosion.
F.
Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing stream bank
erosion and sedimentation.
G.
Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
H.
Improperly managed stormwater runoff can increase
the incidence of flooding and the severity of floods that occur, endangering
property and human life.
I.
Substantial economic losses can result from these
adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
land development activities.
The purpose of this chapter is to safeguard
persons, protect property, and prevent damage to the environment in
the Town of North Greenbush, New York. This chapter will also promote
the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any land development activity
as it relates to erosion and sedimentation control and stormwater
management. This chapter seeks to meet these purposes by achieving
the following objectives:
A.
Meet the requirements of minimum control measures
four (construction site stormwater runoff control) and five (post-construction
stormwater management) of the State Pollution Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as
amended or revised.
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation (SPDES) General Permit for Construction Activities GP-02-01
or as amended or revised.
C.
Minimize soil erosion and sedimentation impacts on
streams, water bodies, and neighboring properties.
D.
Avoid excessive and/or unnecessary tree and vegetation
removal.
E.
Minimize windblown soil associated with properties
being cleared and graded for development.
F.
Maintain the integrity of watercourses and sustain
their hydrologic functions.
G.
Minimize increases in the magnitude and frequency
of stormwater runoff to prevent an increase in flood flows and the
hazards and costs associated with flooding.
H.
Minimize decreases in groundwater recharge and stream
base flow to maintain aquatic life, assimilative capacity, and water
supplies.
I.
Facilitate the removal of pollutants in stormwater
runoff to perpetuate the natural biological function of water bodies.
A.
Except as otherwise provided herein, no person shall
commence or perform any land development activity, as defined herein,
without the approval of a stormwater pollution prevention plan (SWPPP)
by the Town of North Greenbush Stormwater Management Officer (SMO).
B.
Applicants shall also obtain all other permits required
by state, federal, and local laws. Whenever the particular circumstances
of proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the Town of North Greenbush,
the responsible board shall integrate the requirements prescribed
herein as appropriate and request the Town of North Greenbush Stormwater
Management Officer (SMO) to determine the adequacy of the SWPPP.
C.
Redevelopment projects, as defined herein, provide
an opportunity to reduce pollutant discharges and the rate, the amount
and quality of stormwater runoff leaving the redevelopment site. However,
the nature of the site, particularly in an urban location, may impose
constraints that prevent implementation of full post-construction
compliance. Chapter 9 of the New York State Stormwater Management
Design Manual sets forth the standards for compliance with water quality
and quantity standards and specifications. Consideration shall be
given to using alternative stormwater management practices such as
rain gardens, pervious pavers, green roofs and other low-impact development
techniques to reduce stormwater impacts.
D.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary
for the protection of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal
or accessory use, including the construction of structures where the
land disturbance is less than one acre.
(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 stormwater management
facility.
(4)
Mining as defined herein.
(5)
The renovation/replacement of a septic system serving
an existing dwelling or structure.
(6)
Normal lawn and landscaping activities/maintenance.
(7)
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.
(8)
Selective cutting of trees as defined herein, except
log haul roads and landing areas are subject to this chapter. (Landing
areas are cleared areas to which trees are hauled for their storage
before being transferred off site.)
(9)
Repairs and maintenance of any stormwater management
practice or facility.
As used in this chapter, the following terms
shall have the meanings indicated:
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities. Agriculture does not include
dude ranches or similar operations.
A person who has received training and is certified to review,
inspect and/or maintain erosion and sediment control practices.
The initial disturbance of soils associated with clearing,
grading, or excavating activities, or other construction activities.
Any activity that removes the vegetative surface cover.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
Construction activity including clearing, grading, excavating,
soil disturbance, or placement of fill resulting in land disturbance
of equal to or greater than one acre. Also includes activities disturbing
less than one acre of total land area that are 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.
A person currently licensed to practice engineering, or landscape
architecture in New York State or who is a certified professional
in erosion and sediment control (CPESC).
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System General Permit for Stormwater Runoff for Construction
Activity (GP-02-01 or as amended or revised).
The person, persons, or legal entity that owns or leases
the property on which the construction activity is occurring.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed-use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. The operator of a major project must submit a
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls as per NYSDEC regulations.
Any land development activity associated with a permitted
agricultural use or single-family residential construction/subdivision
that disturbs between one acre and five acres and is not discharging
stormwater directly to a water body listed on NYSDEC's Section 303(d)
list of impaired water bodies. Snyders Lake is currently the only
water body in the Town of North Greenbush that is on this list due
to phosphorous levels associated with urban runoff. The operator of
a minor project must submit a SWPPP that addresses erosion and sedimentation
controls as per NYSDEC regulations.
Refers to the reconstruction or modification to any existing,
previously developed land such as residential, commercial, industrial,
institutional, or road or highway that involves soil disturbance.
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.
The cutting of more than 1/2 of the existing living trees
measuring six-inch diameter at breast height (DBH) in an area of one
acre or more, over a period of two consecutive years.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A work permit issued by the Town of North Greenbush Building
Department for the construction or alteration of ground improvements
and structures for the control of erosion, runoff, and grading.
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
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.
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 USEPA-established
water quality standards and/or to specify stormwater control standards.
Covering or maintaining an existing cover or soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
All soil-disturbing activities at the site have been completed,
and a uniform perennial vegetative cover with a density of 80% has
been established or equivalent stabilization measures (such as the
use of mulches or geotextiles) have been employed on all unpaved areas
and areas not covered by permanent structures.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
The Town Engineer and the Building Department Coordinator
are designated by the Town of North Greenbush as the SMO and are authorized
to enforce this chapter. The SMO is also designated by the Town of
North Greenbush to accept and review stormwater pollution prevention
plans (SWPPPs) and inspect stormwater management practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
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 that
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water that 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.
Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.
A horizontal distance 50 feet away from and parallel to the
high water level of a watercourse.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and the New York State Department of Environmental Conservation.
No application for a land development activity
shall be approved until the Town of North Greenbush Planning Board
and/or Town of North Greenbush Building Department has received a
stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications contained herein and approved by the designated
Town Engineer, or designated agent.
A.
For land development activity not subject to special
permit, site plan, or subdivision requirements, the designated Town
Engineer, or designated agent, shall review the SWPPP to determine
its completeness and conformance with the provisions herein.
B.
Within 30 days of receipt of a SWPPP, or 60 business
days if the SWPPP identifies practices or designs that deviate from
the prescribed standards established by this chapter, the designated
Town Engineer, or designated agent, shall make a determination as
to whether the SWPPP is complete. If the SWPPP is deemed incomplete,
the applicant shall be notified in writing by the designated Town
Engineer, or designated agent, as to the deficiencies in the SWPPP
and the requirements for completeness.
C.
Within 30 days after receiving a complete SWPPP, the
designated Town Engineer, or designated agent, shall notify the applicant
and the Town of North Greenbush Building Department, in writing, that
the Town of North Greenbush Building Department can:
(1)
Approve the site development permit application;
(2)
Approve the site development permit application subject
to such reasonable conditions as may be necessary to secure substantially
the objectives of this regulation, and issue the site development
permit subject to these conditions; or
(3)
Disapprove the site development permit application,
indicating the reason(s) and procedure for submitting a revised application
and/or submission.
D.
Failure of the designated Town Engineer, or designated
agent, to act on a complete original or revised SWPPP within 30 days
of receipt shall authorize the applicant to proceed in accordance
with the site development plans as filed unless such time is extended
by agreement between the applicant and the Town of North Greenbush
Building Department. Pending preparation and approval of a revised
SWPPP, land development activities shall not be allowed to proceed.
Nothing herein shall relieve an applicant's need to obtain a work
permit as required by Town of North Greenbush Building Department
or file a notice of intent (NOI) with the New York State Department
of Environmental Conservation.
E.
For land development activity subject to special permit,
site plan, or subdivision requirements, the responsible board shall
incorporate the required SWPPP into the review process, allowing for
public review and comment on the SWPPP. The responsible board, shall
require the designated Town Engineer, or designated agent, to determine
the adequacy of the SWPPP. For projects subject to subdivision requirements,
final plat approval shall not be granted until the Planning Board
has received a SWPPP prepared in accordance with the specifications
contained herein.
F.
In its review of the SWPPP, the responsible board may consult with the designated Town Engineer, or designated agent, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 165-16 herein.
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual as stipulated in § 165-10 of this chapter.
A.
The SWPPP shall include the following:
(1)
A written narrative identifying the project's scope,
including the location, type, and size of the project.
(2)
A site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of stormwater
discharge(s). The specific location(s), size(s), and length(s) of
each erosion and sediment control practice shall also be shown. Site
maps/construction drawings shall be at a scale no smaller than one
inch equals 100 feet.
(3)
A natural resources map identifying existing vegetation;
on-site and adjacent off-site surface water(s), wetlands, and drainage
patterns that could be affected by the construction activity; and
existing and final slopes.
(4)
A description of soil(s) present at the site along
with any existing data that describes the stormwater runoff characteristics
at the site.
(5)
A construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing;
excavation and grading; utility and infrastructure installation, and
any other activity at the site that results in soil disturbance. Phasing
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation. Consistent with the New York
Standards and Specifications for Erosion and Sediment Control, there
shall not be more than five acres of disturbed soil at any one time
without prior written approval from the Department of Environmental
Conservation.
(6)
A description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges
and runoff.
(7)
A description of construction and waste materials
expected to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
(8)
A description of the 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. Depending upon the
complexity of the project, the drafting of intermediate plans may
be required at the close of each season.
(9)
The dimensions, material specifications (e.g., seeding
mixtures and rates, types of sod, kind and quantity of mulching) 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
shall be shown.
(10)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and the duration that each practice should remain in place.
(11)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practices,
including estimates of the cost of maintenance.
(12)
Name(s) of the receiving water(s) and any existing
data that describes the stormwater runoff at the site.
(13)
Identification of the person or entities responsible
for implementation of the SWPPP for each part of the site.
(14)
A description of structural practices 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.
(15)
A site map/construction drawing(s) of each post-construction
stormwater practice, including a description of each post-construction
stormwater control practice, including specific location(s) and size(s),
dimensions, material specifications and installation details.
(16)
The New York State Stormwater Management Design
Manual shall serve as the technical design standard. Deviations from
this Design Manual are permitted subject to review and approval by
the New York State Department of Environmental Conservation within
60 business days of receipt of a completed notice of intent (NOI).
B.
For major projects, the following shall also be provided
in the SWPPP:
(1)
A hydrologic and hydraulic analysis for all structural
components of the stormwater control system for the applicable design
storms.
(2)
A comparison of post-development stormwater runoff
conditions with predevelopment conditions.
(3)
Maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater control practice.
(4)
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair.
(5)
Easements shall be recorded on the plan and shall
remain in effect with transfer of title to the property.
(6)
Inspection and maintenance agreement binding on all
subsequent landowners served by the on-site stormwater management
measures required by this chapter.
The SWPPP shall be prepared by a licensed/certified
professional. The SWPPP must be signed by the professional preparing
the plan and shall make the following certification:
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that false statements made herein are punishable
as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law."
A.
The SWPPP must clearly identify each contractor(s)
and subcontractor(s) involved in soil disturbance that will implement
each stormwater and erosion control measure. Each contractor and subcontractor
identified in the SWPPP shall sign a copy of the following certification
statement before undertaking any land development activity:
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"I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the stormwater
pollution prevention plan (SWPPP) as a condition of authorization
to discharge stormwater. I also understand that the operator must
comply with the terms and conditions of the New York State Pollutant
Discharge Elimination System ("SPDES") general permit for stormwater
discharges from construction activities and that it is unlawful for
any person to cause or contribute to a violation of water quality
standards."
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B.
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.
C.
The certification statement(s) shall become part of
the SWPPP for the land development activity.
A.
The permittee shall amend the SWPPP whenever there
is a significant change in design, construction, operation, or maintenance
which may have a significant effect on the potential for the discharge
of pollutants to the waters of the United States and which has not
otherwise been addressed in the SWPPP; or the SWPPP proves to be ineffective
in:
B.
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP.
A.
Grading, erosion, and sediment control practices,
and waterway crossings shall meet the design criteria set forth in
the most recent version of the New York Standards and Specifications
for Erosion and Sediment Control published by the Empire State Chapter
of the Soil and Water Conservation Society. For the design of post-construction
structures, the technical standards are currently detailed in the
publication New York State Stormwater Management Design Manual published
by the Department of Environmental Conservation.
B.
Where stormwater management practices are not in accordance
with above design and technical standards, the applicant or developer
must demonstrate equivalence to the design and technical standards
set forth in this section and the equivalence shall be documented
and certified by a licensed/certified professional as part of the
SWPPP.
C.
Cut and fill slopes shall be no greater than 2:1,
except where retaining walls, structural stabilization or other methods
acceptable to the designated Town Engineer, or designated agent, are
used. Disturbed areas shall be restored as natural-appearing landforms,
and shall blend in with the terrain of adjacent undisturbed land.
Abrupt, angular transitions shall be avoided.
D.
Clearing and grading shall be substantially confined
to designated building envelopes, utility easements, driveways, and
parking footprint. Clearing and grading techniques that retain natural
vegetation and drainage patterns, as described in the most recent
version of Standards and Specifications for Erosion and Sediment Control
referenced above, shall be used to the satisfaction of the responsible
board. No clearing or grading shall take place within the established
fifty-foot watercourse buffer area except to provide road crossings
where permitted.
E.
Clearing, except that necessary to establish sediment
control devices, shall not begin until all sediment control devices
have been installed and have been stabilized.
F.
Phasing shall be required on all sites disturbing
greater than 30 acres, with the size of each phase to be established
at plan review and as approved by the Planning Board. There shall
not be more than five acres of disturbed soil at any one time without
prior written approval from the NYS Department of Environmental Conservation.
G.
The permittee shall initiate stabilization measures
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than 14 days after the construction activity in that portion
of the site has temporarily or permanently ceased. This requirement
does not apply in the following instances:
(1)
Where the initiation of stabilization measures by
the 14th day after construction activity temporarily or permanently
ceased is precluded by snow cover or frozen ground conditions, stabilization
measures shall be initiated as soon as practicable;
(2)
Where construction activity on a portion of the site
is temporarily ceased, and earth-disturbing activities will be resumed
within 21 days, temporary stabilization measures need not be initiated
on that portion of the site.
H.
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the designated Town Engineer, or designated agent, the permittee may be issued a notice of violation (see § 165-19A) by the Town of North Greenbush Building Department and stipulate that the stabilization measures as outlined above shall be undertaken immediately to prevent site erosion.
I.
If seeding or another vegetative erosion control method
is used, it shall become established within 14 days or the applicant
may be required to re-seed the site or use a nonvegetative option.
J.
Special techniques that meet the design criteria outlined
in the most recent version of Standards and Specifications for Erosion
and Sediment Control shall be used to ensure stabilization on steep
slopes or in drainageways.
K.
Soil stockpiles must be stabilized or covered at the
end of each workday.
L.
The entire site must be stabilized, using a heavy
mulch layer or another method that does not require germination to
control erosion, at the close of the construction season.
M.
Techniques shall be employed to prevent the blowing
of dust or sediment from the site.
N.
Techniques that divert upland runoff past disturbed
slopes shall be employed.
O.
Adjacent properties shall be protected by the use
of a vegetated buffer strip in combination with perimeter controls.
P.
In general, wetlands and watercourses should not be
filled, graded or altered. The crossing of watercourses should be
avoided to the maximum extent practicable.
Q.
When protection of wetlands, watercourses, trees,
steep slopes or other environmentally sensitive area is required,
the location shall be shown on the erosion control plan and the method
of protection during construction identified (e.g., silt fence, construction
fence, stakes, etc.).
R.
A vegetative buffer shall be maintained between disturbed
areas and protected federal wetlands that are not proposed to be filled
as part of a United States Army Corps of Engineers wetlands permit.
In the case of New York State designated wetlands, the one-hundred-foot
adjacent area shall not be disturbed without a New York State Department
of Environmental Conservation permit.
S.
Stabilization shall be adequate to prevent erosion
located at the outlets of all pipes and paved/rip-rap channels.
T.
Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
U.
Development should relate to site conditions and disturbance
of steep slopes should be avoided. Grading should be minimized by
utilizing existing topography whenever possible. Roads and driveways
shall follow the natural topography to the greatest extent possible.
V.
In areas of severe slopes (exceeding 25%), land-disturbing
activities are not permitted without prior approval of the designated
Town Engineer, or designated agent. A twenty-five-foot buffer must
be maintained between any disturbed area and the top of slopes 25%
and greater.
A.
Maintenance easement(s). Prior to the issuance of
any final approval and/or certificate of occupancy by the Town of
North Greenbush Building Department on projects that have 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 Town of North Greenbush personnel
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 Rensselaer County Clerk after approval by the Town Attorney
for the Town of North Greenbush.
B.
Maintenance agreements. The Town Attorney for the
Town of North Greenbush shall approve a formal maintenance agreement
for stormwater management facilities binding on all subsequent landowners
and recorded in the office of the Rensselaer County Clerk as a deed
restriction on the property prior to the issuance of any final approval
and/or certificate of occupancy by the Town of North Greenbush Building
Department. The maintenance agreement shall be consistent with the
following Stormwater Control Facility Maintenance Agreement:
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Stormwater Control Facility Maintenance Agreement
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Whereas, the Town of North Greenbush and the
__________ ("facility owner") want to enter into an agreement to provide
for the long-term maintenance and continuation of stormwater control
measures approved by the Town of North Greenbush for the __________
named project, and
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Whereas, the Town of North Greenbush and the
facility owner desire that the stormwater control measures be built
in accordance with the approved project plans and thereafter be maintained,
cleaned, repaired, replaced and continued in perpetuity in order to
ensure optimum performance of the components.
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Therefore, the Town of North Greenbush and the
facility owner agree as follows:
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1. This agreement binds the Town of North Greenbush
and the facility owner, its successors and assigns, to the maintenance
provisions depicted in the approved project plans which are attached
as Schedule A of this agreement.
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2. The facility owner shall maintain, clean,
repair, replace and continue the stormwater control measures depicted
in Schedule A as necessary to ensure optimum performance of the measures
to design specifications. The stormwater control measures shall include,
but shall not be limited to, the following: drainage ditches, swales,
dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices and retention ponds.
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3. The facility owner shall be responsible for
all expenses related to the maintenance of the stormwater control
measures and shall establish a means for the collection and distribution
of expenses among parties for any commonly owned facilities.
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4. The facility owner shall provide for the
periodic inspection of the stormwater control measures, not less than
once in every five-year period, to determine the condition and integrity
of the measures. A professional engineer licensed by the State of
New York shall perform such inspection. The inspecting engineer shall
prepare and submit to the Town of North Greenbush, within 30 days
of the inspection, a written report of the findings, including recommendations
for those actions necessary for the continuation of the stormwater
control measures.
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5. The facility owner shall not authorize, undertake
or permit alteration, abandonment, modification or discontinuation
of the stormwater control measures except in accordance with written
approval of the Town of North Greenbush.
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6. The facility owner shall undertake necessary
repairs and replacement of the stormwater control measures at the
direction of the Town of North Greenbush or in accordance with the
recommendations of the inspecting engineer.
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7. The facility owner shall provide to the Town
of North Greenbush, within 30 days of the date of this agreement,
a security for the maintenance and continuation of the stormwater
control measures in the form of a bond, letter of credit or escrow
account as approved by the Town Attorney.
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8. This agreement shall be recorded in the office
of the Rensselaer County Clerk together with the deed for the property
where the stormwater control facilities are located. This agreement
shall be included in the offering plan and/or prospectus for said
project if applicable.
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9. If ever the Town of North Greenbush determines
that the facility owner has failed to construct or maintain the stormwater
control measures in accordance with the project plan or has failed
to undertake corrective action specified by the Town of North Greenbush
or by the inspecting engineer, the Town of North Greenbush is authorized
to undertake such steps as reasonably necessary for the preservation,
continuation or maintenance of the stormwater control measures and
to affix the expenses thereof as a lien against the property.
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10. This agreement is effective __________.
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Signatures:
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Facility Owner __________
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Date:__________
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Town of North Greenbush__________
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Date:__________
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C.
The Town of North Greenbush Town Board, 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.
Any land development activity shall not result
in:
A.
An increase in turbidity that will cause a substantial
visible contrast to natural conditions in surface waters of New York
State; or
B.
An increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
uses; or
C.
Residue from oil and floating substances, nor visible
oil film, or globules of grease.
The applicant or developer of the land development
activity or his/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 50%.
A.
The designated Town Engineer or designated agent and/or
personnel from the Town of North Greenbush Building Department 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 SWPPP as approved. To obtain
inspections, the applicant shall notify the Town of North Greenbush
Building Department at least 48 hours before the following as required
by the SWPPP:
(1)
Start of construction and initial installation of
sediment and erosion controls.
(2)
Installation of sediment and erosion measures as site
clearing and grading progresses.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the seasonal land development activity.
(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 by the Town of North Greenbush Building
Department of the nature of the violation and the required corrective
actions. Corrective actions may include the repair/restoration of
off-site impacts. 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 designated Town Engineer or
designated agent and/or personnel from the Town of North Greenbush
Building Department.
C.
For land development activities, the applicant shall
have a qualified licensed/certified professional conduct an assessment
of the site prior to the commencement of construction and certify
in an inspection report that the appropriate erosion and sediment
controls described in the SWPPP have been adequately installed or
implemented to ensure overall preparedness of the site. Following
the commencement of construction, site inspections shall be conducted
by a qualified licensed/certified professional at least every seven
calendar days and within 24 hours of the end of a storm event 0.5
inch or greater. The purpose of such inspections will be to determine
the overall effectiveness of the plan and the need for additional
control measures. During each inspection, the qualified licensed/certified
professional shall record the following information:
(1)
On a site map, indicate the extent of all disturbed
site areas and drainage pathways. Indicate site areas that are expected
to undergo initial disturbance or significant site work within the
next fourteen-day period;
(2)
Indicate on a site map all areas of the site that
have undergone temporary or permanent stabilization;
(3)
Indicate all disturbed site areas that have not undergone
active site work during the previous fourteen-day period;
(4)
Inspect all sediment control practices and record
the approximate degree of sediment accumulation as a percentage of
the sediment storage volume;
(5)
Inspect all erosion and sediment control practices
and record all maintenance requirements such as verifying the integrity
of barrier or diversion systems and containment systems. Identify
any evidence of rill or gully erosion occurring on slopes and any
loss of stabilizing vegetation or seeding/mulching. Document any excessive
deposition of sediment or ponding water along barrier or diversion
systems. Record the depth of sediment within containment structures,
any erosion near outlet and overflow structures, and verify the ability
of rock filters around perforated riser pipes to pass water; and
(6)
All deficiencies that are identified with the implementation
of the SWPPP.
D.
A copy of the NOI and a brief description of the project
shall be posted at the construction site in a prominent place for
public viewing. A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the beginning
of construction activities to the date of final stabilization. The
SWPPP and inspection reports are public documents that the operator
must make available for inspection, review and copying by any person
within five business days of the operator receiving a written request
by such person to review the SWPPP and/or the inspection reports.
Copying of documents will be done at the requester's expense. A copy
of each report shall be e-mailed to the Town of North Greenbush Building
Department on a weekly basis.
E.
The operator shall maintain a record of all inspection
reports in a site logbook. The site logbook shall be maintained on
site and be made available to the Town of North Greenbush Building
Department personnel upon request. The operator shall post at the
site, in a publicly accessible location, a summary of the site inspection
activities on a monthly basis.
F.
The applicant or developer or his/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.
G.
The designated Town Engineer or designated agent and/or
Town of North Greenbush Building Department personnel shall enter
the property of the applicant as deemed necessary to make regular
inspections to ensure the validity of the reports filed under local
law.
A.
Inspections of stormwater management practices (SMPs).
The designated Town Engineer or designated agent and/or Town of North
Greenbush Building Department personnel are responsible for conducting
inspections of stormwater management practices (permanent water quantity/quality
improvement structures). All operators are required to submit "as
built" plans certified by a professional engineer for any permanent
stormwater management practices located on site after final stabilization.
Final stabilization means that all soil-disturbing activities at the
site have been completed and a uniform perennial vegetative cover
with a density of 80% has been established or equivalent stabilization
measures (such as the use of mulches, or geotextile mats) have been
employed on all unpaved areas and areas not covered by permanent structures.
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
Operators shall also provide the owner(s) of such structure(s) with
a manual describing the operation and maintenance practices that will
be necessary in order for the structure to function as designed. The
operator must also certify that the permanent structure(s) has been
constructed as described in the SWPPP. This certification can be accomplished
by providing to the Town of North Greenbush Building Department a
copy of the notice of termination (NOT) filed with the NYSDEC.
B.
All certified "as built" plans, lands, structures,
and/or appurtenances to be dedicated to the Town of North Greenbush
shall be reviewed, inspected and approved by the designated Town Engineer
or designated agent and/or Town of North Greenbush Building Department
personnel prior to Town Board acceptance.
C.
Notice of termination (NOT). Upon certification by
the operator's licensed/certified professional that a final site inspection
has been conducted and that "final stabilization" has been accomplished
and all stormwater management practices have been constructed as described
in the SWPPP, the operator shall complete and file an NOT as proscribed
by the NYSDEC and file a copy with the Town of North Greenbush Building
Department to notify it that the operator has complied with this chapter
and that the project is complete.
A.
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, at a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) that 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.
B.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on a 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 facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
C.
Submission of reports. The Town of North Greenbush
Stormwater Management Officer may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
D.
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 North Greenbush the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.
A.
Construction completion guarantee. The applicant or
developer, prior to construction, may be required by the Town of North
Greenbush Building Department to provide surety, in the form, approved
by the Town Attorney, of a performance bond, cash escrow, or irrevocable
letter of credit, from an appropriate financial or surety institution
that guarantees satisfactory completion of the project and names the
Town of North Greenbush as the beneficiary. The surety shall be in
an amount determined by the designated Town Engineer or designated
agent 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 Attorney of the Town of North Greenbush, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facilities 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 designated Town Engineer or
designated agent. 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 Town of North Greenbush Building Department,
after being approved by the Town Attorney, 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 property owner fails to properly operate and maintain stormwater
management and erosion control facilities, the Town of North Greenbush
may, upon notification, draw upon the account to cover the costs of
proper operation and maintenance, including engineering and inspection
costs.
C.
Recordkeeping. The Town of North Greenbush may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
The Town of North Greenbush is hereby authorized to
retain licensed/certified professionals as are determined to be necessary
to carry out the review of a SWPPP or to make regular or final inspections
of all control measures, lands, structures, and/or appurtenances,
to be dedicated to the Town of North Greenbush in accordance with
the approved plan.
B.
Payment for the services of such professionals is
to be made from funds deposited by the applicant with the Town of
North Greenbush in escrow accounts for such purposes.
C.
It shall be the responsibility of the applicant to
submit to the Town of North Greenbush a certified check(s) in an amount
equal to the estimate of the licensed/certified professional for the
cost of services to be rendered. Estimates shall reflect reasonable
costs at prevailing rates. The Town of North Greenbush shall make
payments to said professional for services rendered to it upon acceptance
by the Town of North Greenbush of said service.
A.
Notice of violation.
(1)
The operator and all contractors and subcontractors
must comply with all conditions of a SWPPP submitted pursuant to this
chapter. In the event that the Town of North Greenbush determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, the Town of North Greenbush
Building Department Coordinator may issue a written notice of violation
to the operator/landowner, applicant and all contractors/subcontractors
subject to the provisions of this chapter. The notice of violation
shall contain:
(a)
The name and address of the operator/landowner,
developer, or applicant.
(b)
The address of the site 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 chapter
and a time schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that
can be assessed against the person to whom the notice of violation
is directed.
(2)
Within 15 days of notification of violation or as
otherwise provided by the Town of North Greenbush, the violator shall
take the remedial measures necessary to bring the land development
activity into compliance with this chapter.
B.
Stop-work order. The Town of North Greenbush Building
Department Coordinator 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 violation(s) identified in the stop-work order. The stop-work
order shall be in effect until the Town of North Greenbush Building
Department Coordinator 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, and/or monetary penalties in accordance with this
chapter.
C.
Violations. The Town of North Greenbush Building Department
Coordinator may require entities subject to this chapter to maintain
records demonstrating compliance with this chapter.
D.
Penalties. Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor, and each
day during which any violation of any of the provisions of this chapter
is committed, continued, or permitted shall constitute a separate
offense. Upon conviction of any such violation, such person, partnership,
or corporation shall be punished by a fine of not more than $250 for
each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this chapter shall be required to bear the
expense of such restoration. To the extent that the noncompliance
with this chapter constitutes a violation of the Clean Water Act and
the Environmental Conservation Law, there may be substantial criminal,
civil, and administrative penalties depending upon the nature and
degree of the offense.
E.
Withholding certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Town of North Greenbush Building Department Coordinator
may prevent the occupancy of said building or land.
F.
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 North Greenbush Building Department Coordinator may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
