[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 10-6-2008 by L.L. No. 7-2008. Amendments noted where
applicable.]
GENERAL REFERENCES
Berms, fences, hedges and screen plantings — See Ch. 6.
Building Construction Code — See Ch. 10.
Building construction administration — See Ch. 11.
Moving of buildings — See Ch. 15.
Environmental quality review — See Ch. 17A.
Flood damage prevention — See Ch. 20.
Land subdivision regulations — See Ch. 26.
Minimum Housing and Buildings Code — See Ch. 36.
Sewers — See Ch. 42.
Streets and sidewalks — See Ch. 45.
Trees and vegetation — See Ch. 46.
Zoning — See Ch. 58.
Code enforcement — See Ch. 59.
This article shall be known as the "Stormwater Management and
Erosion and Sediment Control Law."
A.
Land-disturbance activities and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and non-point-source pollution can be controlled and
minimized through the regulation of stormwater runoff from development
sites.
B.
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitats for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches and the dredging of waterways.
In addition, clearing and/or grading during construction tends to
increase soil erosion and causes the loss of native vegetation necessary
for terrestrial and aquatic habitats and to provide a healthy living
environment for citizens of the Village of Brockport. 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. Regulation of land-disturbance 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.
C.
As a result, the purpose of this local regulation is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Village of Brockport. It seeks
to meet those purposes by achieving the following objectives:
(1)
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.
(2)
Require land-disturbance activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, or as amended or revised.
(3)
Minimize increases in stormwater runoff from land-disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion, and maintain the integrity of stream channels.
(4)
Minimize increases in pollution caused by stormwater runoff from
land-disturbance activities which would otherwise degrade local water
quality.
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
(6)
Reduce stormwater runoff rates and volumes, soil erosion and non-point-source
pollution, wherever possible, through stormwater management practices,
and ensure that these management practices are properly maintained
and eliminate threats to public safety.
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
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-disturbance activity.
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
The Federal Water Protection Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereof.
Any activity which removes the vegetative surface cover.
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport, as certified by the State of
New York either in the capacity of code enforcement officer, building
inspector and fire marshal, and/or titled as the assistant code enforcement
officer, assistant building inspector and deputy fire marshal, or
any combination thereof.
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of the code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator or any
combination thereof.
Activity requiring authorization under the SPDES permit Stormwater
Discharge from Construction Activity, GP-02-02, as amended or revised.
Currently, these activities include but are not limited to clearing
and grubbing, grading, excavating and demolition.
The New York State Department of Environmental Conservation.
Individual(s) directed by the Village of Brockport to conduct
site inspections and/or perform other municipal duties.
Includes one-family and two-family dwellings, multiple-family dwellings, boardinghouses, rooming houses, and apartment houses, as per the definitions stated in Chapter 58, § 58-2, of the Code of the Village of Brockport. The actual use and occupancy of a dwelling at the time of any application for certificates or permits hereunder, registrations, their renewal, or any compliance or complaint inspection(s) required to be made by the Code Enforcement Officer, regardless of any other classification of the property (whether for tax purposes or otherwise), shall determine whether and to what extent the dwelling is subject to the provisions of this article.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit, with living, sanitary
and sleeping facilities.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
A set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing
to be used controlling sediment and erosion on a development site
before, during and after construction.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
A legislative act to assist persons seeking public records
to identify records sought.
Excavation or fill of material, including the resulting conditions
thereof.
Surface improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land-disturbance activities may take place at different
times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A document which provides for the long-term maintenance of
stormwater management practices. It is anticipated that this document
will be recorded in the Monroe County Clerk's office and will
act as a property deed restriction or encumbrance.
The most recent version of this publication, which is commonly
known as the "Blue Book."
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.
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.
The New York State Department of Environmental Conservation.
The person or entity in whose name the premises affected
by an order issued in accordance with this article is recorded as
the owner in the office of the Monroe County Clerk.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
Anything which causes or contributes to pollution. Pollutants
may include but not be limited to paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid waste
and yard waste; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordnances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from construction of a building or structure;
and noxious or offensive matter of any kind.
Sediment or a water quality measurement that addresses sediments
(such as total suspended solids, turbidity or silt) 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.
Any building, lot, parcel or land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Any construction, removal of building and/or surface materials,
or development activity upon real property.
A person knowledgeable in the principles and practices of
erosion and sediment control, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing, prepared to specifications and containing
necessary elements, which shows the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
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 EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land-disturbance activity associated with a development,
including land preparation, such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
The Code Enforcement Officer, the Municipal Engineer or other
public official(s) designated by the Trustees of the Village of Brockport
to enforce this article. The SMO may also be designated by the municipality
to accept and review stormwater pollution prevention plans, forward
the plans to applicable municipal boards and the Municipal Engineer
as well, or designate the inspection of stormwater management practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
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 waters 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 Village of Brockport.
Any body of water, including but not limited to lakes, ponds,
rivers, streams, canals, wetlands or drainage ditches, which have
been delineated by the Village of Brockport or any other local, state
or federal regulatory authority.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This article shall be applicable to all land-disturbance activities that will disturb greater than or equal to 2,000 square feet of land, unless exempted under § 27-10C of this article. This article also applies to land-disturbance activities that are less than 25,000 square feet of disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 25,000 square feet, even though multiple separate and distinct land-disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the applicant of the
obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES General Permit for Construction Activities, if required.
For projects also applying for coverage under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, the applicant
shall submit a copy of the stormwater pollution prevention plan (SWPPP),
a notice of intent (NOI) with a certification statement, including
the date, demonstrating submission to the NYSDEC, a letter of permission
from the NYSDEC granting approval to disturb five acres or greater
of land at one time (if applicable) and any related documents to the
Village of Brockport for review and approval.
B.
The requirements of this article should be considered minimum requirements;
and where any provision of this article imposes restrictions different
from those imposed by any other federal, state, or local ordinance,
rule or regulation, or other provision of law, the provisions that
are more restrictive or impose more-stringent requirements shall take
precedence.
In accordance with Article 21 of the Village Law of the State of New York, Article 3 of the Municipal Home Rule Law of the State of New York and Chapter 28 of the Code of the Village of Brockport, the Board of Trustees has the authority to enact laws for the purpose of promoting the health, safety or general welfare of the Village of Brockport, including the protection and preservation of the property of its inhabitants. By the same authority, the Board of Trustees may include in any such law provisions for the authorizing of any municipal employees and/or agent of the Village of Brockport to effectuate and administer such law.
The Board of Trustees, pursuant to Chapter 42, § 42-14, shall designate a Stormwater Management Officer, who shall accept and review all SWPPPs and forward such plans to the applicable municipal board. A consultant cannot be appointed as Stormwater Management Officer. The Stormwater Management Officer may review the plans; upon approval by the Board of Trustees, engage the services of a New York State licensed 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/certified professional that the plans conform to the requirements of this article. The Stormwater Management Officer (SMO) shall administer, implement and enforce the provisions of this article. Any powers granted or duties imposed upon the Village of Brockport may be delegated, in writing, by the Village of Brockport to persons or entities acting in the beneficial interest of or in the employ of the agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution or unauthorized discharge of pollutants.
A.
The Village of Brockport requires the use of technical standards
for erosion and sediment control. These are detailed in the Village
of Brockport Design Criteria and the New York State Department of
Environmental Conservation's Standards and Specifications for
Erosion and Sediment Control. For the design of water quality and
water quantity controls (post-construction stormwater runoff control
practices), the NYSDEC's technical standards are detailed in
the New York State Stormwater Management Design Manual.
B.
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards, and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit for land-disturbance
activity which would require the disturbance of greater than or equal
to 25,000 square feet of land shall also include with the submission
a SWPPP that shall be reviewed and approved by the Village of Brockport
prior to issuance of the final site plan approval or a permit.
(2)
No applicant shall be granted site plan approval or a permit which
would require the disturbance of greater than or equal to 25,000 square
feet of land without the review and approval of a SWPPP by the Village
of Brockport.
(3)
Furthermore, prior to the issuance of a permit or site plan approval, all projects that would result in the disturbance of greater than or equal to 25,000 square feet of land will be required to comply with all applicable provisions of Article II of this chapter, Design and Management of Post-Construction Stormwater Pollution Prevention Measures. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Article II of this chapter, Design and Management of Post-Construction Stormwater Pollution Prevention Measures, have been met to the satisfaction of the Village of Brockport.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 27-16.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 27-12 of this article.
(6)
Each application shall include a statement that any land clearing,
construction or development involving the movement of land shall be
in accordance with the submitted SWPPP.
(7)
All land-disturbance activities, as defined in § 27-4 of this article, which are not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Village of Brockport, who shall approve the SWPPP if it complies with the requirements of this article.
B.
Review and approval of application.
(1)
Upon receipt of a construction application, the Stormwater Management
Officer shall determine if the provisions of this article are applicable
to the proposal.
(2)
If the provisions of this article are not applicable, the Stormwater
Management Officer shall file a written memorandum in the file stating
the reason(s) why this article is not applicable.
(3)
If the provisions of this article are applicable, the Stormwater
Management Officer shall transmit the application to the Planning
Board.
(4)
The Planning Board shall review said application in conjunction with any subdivision and site plan review pursuant to Chapter 26, Land Subdivision Regulations.
(5)
In situations where application is made after approval (for example
an approved site plan or subdivision approved prior to the enactment
of this article), the application shall be reviewed by the Planning
Board as a change or modification to the approved plan.
C.
Exemptions. The following activities are exempt from review under
this article:
(1)
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources.
(2)
Agricultural activity, as defined in this article.
(3)
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed necessary by
the Village of Brockport.
The Village of Brockport may, at its discretion, require the applicant to submit a financial guaranty in a form acceptable to the Board of Trustees prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guaranty shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guaranty shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guaranty shall be released in full only upon satisfaction of the requirements listed in § 27-14 of this article. At its discretion, the Board of Trustees may allow for a partial release of the financial guaranty based on the completion of various development stages.
A.
Prior to final approval of a land-disturbance activity, a SWPPP shall be prepared by the applicant, in accordance with the specifications outlined by the Village of Brockport, and submitted to the Stormwater Management Officer designated by the Village of Brockport for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 27-9 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Village of Brockport Design Criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Village of Brockport.
B.
The requirements to have a SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New York State
licensed professional engineer (PE) are not applicable to land-disturbance
activities that meet technical standards and are five acres or less,
occurring on a single-family residence which is not part of a larger
common plan of development or an agricultural property. In addition,
these land-disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
C.
Minimum requirements. All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of the project, and contact information that
includes the name, address and telephone number of all persons having
a legal interest in the property, and the tax reference number and
parcel number of the subject property or properties.
(2)
A site map/construction drawing(s) for the project, including a general
location map and a one-inch-equals-fifty-feet topographic base map
of the site which extends a minimum of 200 feet beyond the limits
of the proposed development. At a minimum, the site map should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s), including receiving waters (name of the
water), streams, ponds, culverts, ditches and wetlands, as well as
drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of utilities, roads, soil types,
forest cover, and significant natural and man-made features not otherwise
shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete clean out basin(s) and construction
entrance; and location(s) of the stormwater discharge(s); and resources
protected under other chapters of this Code or by easements.
(3)
A description of the soil(s) present at the site.
(4)
A construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation, final grading and landscaping,
and any other activity at the site that results in soil disturbance.
Sequencing shall identify the expected date on which clearing will
begin and the estimated duration of exposure of cleared areas. Consistent
with the New York State Standards and Specifications for Erosion and
Sediment Control, not more than five acres shall be disturbed at any
one time unless pursuant to an approved SWPPP and a letter of permission
from the NYSDEC.
(5)
A description of the pollution-prevention measures that will be used
to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on site, with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials, including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(6)
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 disturbance
to project closeout, including who will be responsible for the maintenance
and implementation of said features at the site and what practices
will be employed to ensure that adequate vegetative cover is established
and preserved. For temporary and permanent vegetative control measures,
the seeding mixtures and rates, types of sod, method of seedbed preparation,
depth of topsoil, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching shall be
provided.
(7)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice.
(8)
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins,
and provide the dimensions, material specifications and installation
details for each throughout all phases of construction and completion
of development of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
(9)
Identification of all temporary practices that will be converted
to permanent control measures.
(10)
An 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.
(11)
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
(12)
A 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.
(13)
Any existing data that describes the stormwater runoff at the
site.
(14)
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Village
of Brockport.
(15)
Assurance that the applicant or his/her "responsible individual"
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices.
(16)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land-disturbance activity at the
site. The certification must include the name and title of the person
providing the signature, address and contact number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made. The certification statement
must be included in the SWPPP.
|
"I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards."
|
D.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to the Village of
Brockport and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
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
(b)
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this article.
(3)
Amendments to the SWPPP may be reviewed by the Village of Brockport.
A copy of the newly amended SWPPP must be provided to the Village
of Brockport within five business days.
(4)
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP. The
Village of Brockport may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(5)
Field modifications of a minor nature may be authorized by the Village
of Brockport by written authorization to the applicant.
A.
The Village of Brockport or its designated agent, as defined in § 27-3, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Village of Brockport reserves the right to enter the work site at any reasonable time for purposes of inspection per Chapter 42, § 42-16. The SWPPP and the records of any inspections completed by the owner or his/her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Village of Brockport at least 48 hours before the following activities occur:
(1)
Start of construction.
(2)
Erosion and sediment control measures have been installed and stabilized.
(3)
Site clearing has been completed.
(4)
Rough grading has been completed.
(5)
Final grading has been completed.
(6)
Close of the construction season.
(7)
Final landscaping.
(8)
Closeout inspection.
B.
The above inspection timetable does not relieve the owner of the obligation under this or any other permit or regulation to conduct regular inspections as set forth in said permit and/or regulation. 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 earthwork shall be conducted on the site, except for site stabilization, until the violations are corrected and approved by the Village of Brockport. Should a permit applicant or owner (and/or agent, employee, authorized representative or operator) decline consent to an inspection(s) believed to be necessary by the Code Enforcement Officer (or his authorized inspector) or to proper enforcement of this provision, the Code Enforcement Officer (or his authorized inspector) shall be authorized to apply for an administrative search warrant pursuant to § 36-10A(2) and such other legal requirements as may apply to permit such inspection(s).
Amended 6-2-2014 by L.L.
No. 2-2014]
C.
Property owner/developer inspections.
(1)
The applicant shall employ a "responsible individual," as defined in § 27-3 of this article, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. The applicant shall also employ the services of a qualified professional in erosion and sediment control, who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Village of Brockport within five days after the month's end.
(2)
The requirement to employ a qualified professional to inspect and
document the effectiveness of all erosion and sediment control practices
is not applicable to land-disturbance activities of five acres or
less occurring on a single-family residence which is not part of a
larger common plan of development or on an agricultural property.
In addition, these land-disturbance activities must not discharge
directly to a 303(d) impaired water body or must not be located in
a total maximum daily load (TMDL) watershed.
A.
For a project that requires a NYSDEC SPDES permit, the SWPPP approved
by the Village of Brockport shall be in effect until the site has
been finally stabilized, a notice of termination (N.O.T.) is submitted
to the NYSDEC in accordance with the general permit, and a final inspection
has been completed by the Village of Brockport.
B.
For projects that do not require a NYSDEC N.O.T., the SWPPP is in
effect until a final inspection is conducted and the Village of Brockport
has issued the applicant written approval.
C.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all
stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%. The land-disturbance 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.
(2)
At the end of the construction season when soil disturbance activities
will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly site inspections
to monthly inspections. In order to reduce inspection frequencies,
the applicant must complete stabilization activities before proper
installation is precluded by snow cover or frozen ground. If vegetation
is used as a stabilization method, seeding, planting and/or sodding
must be scheduled to avoid fall frosts and to allow for proper germination/establishment.
Installations and maintenance must be done according to the New York
State Standards and Specifications for Erosion and Sediment Control.
D.
Closeout. The applicant must satisfy the following project closeout
requirements:
(1)
Reestablish grade of all permanent stormwater facilities.
(2)
Inspect grading of all drainage structures and provide elevation
as-builts to the Village of Brockport.
(3)
Establish perennial vegetative cover to a density of 80% over 100%
of the site.
(4)
Removal of all debris and temporary erosion and sediment control
practices.
(5)
Provide a written certification by a New York State licensed/certified
professional that the site has undergone final stabilization and that
all temporary erosion and sediment controls not needed for long-term
erosion control have been removed.
(6)
Complete any other measure deemed appropriate and necessary by the
Village of Brockport to stabilize the project site.
A.
Violation. No person shall construct, enlarge, alter, repair or maintain
any grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this article and/or any local law.
Violations of any provision or requirement of this article and/or
local law or violation of any statement, plan, application, permit
or certification approved under the provisions of this article and/or
local law shall be considered an offense, punishable by a fine and/or
imprisonment, as provided by the Village of Brockport.
B.
Stop-work order. The Village of Brockport may issue a stop-work order pursuant to Chapter 36, § 36-14, for violations of this article. Persons receiving a stop-work order shall be required to halt all land-disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Brockport confirms that the land-disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this article.
Amended 6-2-2014 by L.L.
No. 2-2014]
C.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Brockport in a court of competent jurisdiction
to prevent, restrain, enjoin, correct or abate any violation of, or
to enforce, any provision of this article, or any term or condition
of any building permit, site plan, stop-work order or compliance order,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this article. In particular, but not by way of
limitation, where the construction or use of a building or land is
in violation of any provision of this article, or any stop-work order,
compliance order or other order obtained under of this article, an
action or proceeding may be commenced in the name of this Village
of Brockport in the Supreme Court or in any other court having the
requisite jurisdiction to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Board of Trustees of this Village of Brockport.
D.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty available to address any
violation described in this section, and each remedy or penalty specified
in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section of this article, in any other section of this article, or
in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section of this article, in any other section of this article,
or in any other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision 2 of § 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subdivision 2 of § 382 of the
Executive Law.
E.
Withholding of a certificate of occupancy may be promulgated until
corrections to all stormwater management practices have been made
and accepted by the Village of Brockport.
A.
Application fee. An applicant for a site plan and/or permit requiring
construction site stormwater pollution prevention and erosion and
sediment control as required by this article shall deposit with the
Village of Brockport an application fee(s) as determined by resolution
adopted by the Board of Trustees as contained in the Village of Brockport
Fee Schedule. The application fee is to be utilized by the Village
of Brockport, as needed, to pay for all fees, costs and disbursements
incurred by the Village of Brockport in processing the application,
including but not limited to independent legal, engineering and technical
consultant fees, stenographic charges, post-construction site inspections
and any other fees, costs and disbursements incurred by the Village
of Brockport in the application process, including SEQRA review and
post-construction site inspections. In the event that the application
fee is insufficient to cover the fees, costs and disbursements incurred
by the Village of Brockport in processing the application, the Village
of Brockport shall provide the applicant with an invoice of the fees,
costs and disbursements, and the applicant shall be obligated to pay
the Village of Brockport such additional costs and disbursements within
30 days from receipt of that invoice from the Village of Brockport.
B.
Fees applicable for on-site compliance inspections of construction
site stormwater pollution prevention and erosion and sediment control
as provided by the Village of Brockport Stormwater Management Officer
during the course of site land work(s) shall be borne upon the applicant
based on a fee per approved site plan lot or land area. The per-inspection
fee(s) shall be determined by resolution and adopted by the Board
of Trustees as contained in the Village of Brockport Fee Schedule,
as needed, to pay for all inspection(s), costs and disbursements incurred
by the Village of Brockport for construction site stormwater pollution
prevention and erosion and sediment control compliance. The site inspection
fee shall be maintained in a separate Village of Brockport fund, which
funds may be appropriated by the Village of Brockport in accordance
with the terms of this article. In the event that the application
fee is insufficient to cover the costs and disbursements incurred
by the Village of Brockport for compliance inspections as needed,
the Village of Brockport shall provide the applicant with an invoice
of the costs and disbursements, and the applicant shall be obligated
to pay the Village of Brockport such additional costs and disbursements
within 30 days from receipt of that invoice from the Village of Brockport.
C.
Failure to pay fees. In the event that the applicant fails or refuses
to pay such additional fees, costs and disbursements for any reason
within 30 days of the receipt of an invoice, the Village of Brockport
may suspend either review of an application or construction activity.
Failure or refusal to reimburse the Village of Brockport for expenses
incurred may be a basis for refusal of a pending application or a
revocation of an existing approval or permit. The applicant shall
be responsible for all additional fees, costs and disbursements, including
reasonable Village of Brockport Attorney's fees, incurred in
the collection of any invoice items.
D.
Performance bond/security. The Village of Brockport may, at its discretion,
require the submittal of a performance security or bond prior to approval
in order to insure that the stormwater practices are installed as
required by the approved stormwater pollution prevention plan. The
amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved by the Village of Brockport, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the stormwater pollution prevention plan. The installation performance
security shall be released in full only upon submission of as-built
plans and written certification by a New York State licensed professional
engineer that the stormwater practice has been installed in accordance
with the approved plan and other applicable provisions of this article.
The Village of Brockport will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Village of
Brockport.
A.
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall continue in full force and effect; and to this end, the
provisions of this article are hereby declared to be severable.
B.
Saving clause. This article shall not affect violations of any other
ordinance, code or regulation of the municipality existing prior to
the effective date hereof; and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in
effect at the time the violation was committed.
This article shall take effect and be in force from and immediately
after all proper proceedings are had under the Village Law of the
State of New York.
A.
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and non-point-source pollution can be controlled and
minimized through the regulation of stormwater runoff from development
sites.
B.
The purpose of this article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health,
safety and welfare of the public residing in the watersheds within
the Village of Brockport. Therefore, the Village of Brockport establishes
this set of water quality and quantity policies to provide reasonable
guidance for the regulation of stormwater runoff and to, in addition
to the above, safeguard persons, protect property, prevent damage
to the environment in the Village of Brockport, and comply with the
NYSDEC State Pollutant Discharge Elimination System (SPDES) General
Permit for Stormwater Discharges from Municipal Separate Storm Sewer
systems (MS4s), for the purpose of protecting local water resources
from degradation. It is determined that the regulation of stormwater
runoff discharges from land development projects and other construction
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
non-point-source pollution associated with stormwater runoff is in
the public interest and will prevent threats to public health and
safety.
As used in this article, the following terms shall have the
meanings indicated:
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 stormwater management permit.
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover.
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport, as certified by the State of
New York either in the capacity of code enforcement officer, building
inspector and fire marshal, and/or titled as the assistant code enforcement
officer, assistant building inspector and deputy fire marshal, or
any combination thereof.
An officer employed by the Village of Brockport as certified
by the State of New York either in the capacity of the code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator or any
combination thereof.
Activity requiring authorization under the SPDES permit Stormwater
Discharge From Construction Activity, GP-02-02, as amended or revised.
Currently these activities include but are not limited to clearing
and grubbing, grading, excavating and demolition.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Village of Brockport to conduct
site inspections and/or perform other municipal duties.
To include one-family and two-family dwellings, multiple-family and/or mixed use dwellings, boardinghouses/rooming houses and apartment houses, as per the definitions stated in Chapter 58, § 58-2, of the Code of the Village of Brockport. The actual use and occupancy of a dwelling at the time of any application for a certificate or permit hereunder, registration, their renewal, or any compliance or complaint inspection(s) required to be made by the Code Enforcement Officer, regardless of any other classification of the property (whether for tax purposes, or otherwise), shall determine whether and to what extent the dwelling is subject to the provisions of this article.
One or more rooms arranged for use of one or more individuals
living together as a single housekeeping unit, with living, sanitary
and sleeping facilities.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
Excavation or fill of material, including the resulting conditions
thereof.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land-disturbance activities may take place at different
times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document, issued by a bank, which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
The Village of Brockport.
The most recent version of this publication, which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
The New York State Department of Environmental Conservation.
A stormwater management measure located outside the subject
property boundary.
The person or entity in whose name the premises affected
by an order issued in accordance with this article is recorded as
the owner in the office of the Monroe County Clerk.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
A person knowledgeable in the principles and practices of
erosion and sediment control, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
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 EPA-established
water quality standards and/or to specify stormwater control standards.
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point-source or non-point-source pollution inputs to stormwater runoff
and water bodies.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
A.
This article shall be applicable to land-disturbance activities, as defined in § 27-20 of this article, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 27-26 as applicable, unless eligible for an exemption or granted a waiver by the Village of Brockport in accordance with § 27-25 of this article.
(1)
Condition A: stormwater runoff from land-disturbance activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land-disturbance activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land-disturbance activity disturbing
between greater than or equal to 2,000 square feet and five acres
of land during the course of the project, exclusive of the construction
of single-family residences and construction activities at agricultural
properties.
(4)
Condition D: stormwater runoff from land-disturbance activity that
is smaller than 25,000 square feet of disturbance if such activities
are part of a larger common plan of development, even though multiple
separate and distinct land-disturbance activities may take place at
different times on different schedules.
B.
All plans, documents and information required by this article must
be reviewed by the Village of Brockport to ensure that established
water quality standards will be maintained during and after development
of the site and that post-construction runoff levels are consistent
with any local and regional watershed plans.
C.
When a site development plan is submitted that qualifies as a redevelopment project, as defined in § 27-20 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Village of Brockport. This applies to all redevelopment projects that are greater than or equal to 25,000 square feet.
D.
The following activities may be exempt from the requirements of this
article:
(1)
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources.
(2)
Agricultural activity, as defined in this article.
(3)
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed necessary by
the Village of Brockport.
A.
This article is not intended to interfere with, abrogate or annul
any other ordinance, rule or regulation, statute or other provision
of law. The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or local laws, including but not limited to Chapter 20, Flood Damage Prevention; Chapter 26, Land Subdivision Regulations; Chapter 36, Minimum Housing and Buildings Code; Chapter 42, Sewers; Chapter 58, Zoning; and New York State Department of Environmental Conservation Standards and Specifications for Erosion and Sediment Control. For the design of water quality and water quantity controls (post-construction stormwater runoff control practices), the NYSDEC's technical standards are detailed in the New York State Stormwater Management Design Manual.
In accordance with Article 21 of the Village Law of the State of New York, Article 3 of the Municipal Home Rule Law of the State of New York and Chapter 28 of the Code of the Village of Brockport, the Board of Trustees has the authority to enact laws for the purpose of promoting the health, safety or general welfare of the Village of Brockport, including the protection and preservation of the property of its inhabitants. By the same authority, the Board of Trustees may include in any such law provisions for the authorizing of any municipal employees and/or agent of the Village of Brockport to effectuate and administer such law.
A.
No person(s) shall receive any building, grading or other land-disturbance
approvals or permits required for land-disturbance activities without
first meeting the requirements of this article to the satisfaction
of the Village of Brockport. Unless specifically excluded by this
article, any landowner or operator desiring approval or a permit for
a land-disturbance activity shall comply with all applicable provisions
of this article and shall submit all required plans, documentation
and information as required under this article to the Village of Brockport
for review and approval.
D.
The SWPPP and all other documents required by this article must be
reviewed by the Village of Brockport to ensure that established water
quality standards will be maintained after development of the site
and that post-construction runoff levels are consistent with any local
and regional watershed plans. Information shall be submitted as a
single, logical package, with all information bound together.
E.
The Planning Board shall review said application in conjunction with any subdivision and site plan review pursuant to Chapter 26, Land Subdivision Regulations.
F.
In situations where application is made after approval (for example
an approved site plan or subdivision approved prior to the enactment
of this article), the application shall be reviewed by the Planning
Board as a change or modification to the approved plan.
A.
All person(s) shall comply with the requirements of this article,
unless a written request is filed to waive the requirements in part
or whole for land-disturbance activities that disturb less than one
acre of land. Requests to waive any requirements of this article shall
be submitted to the Village of Brockport for approval.
B.
The minimum requirements for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development is not likely
to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater pollution prevention
plan that has been approved by the Village of Brockport, and the implementation
of the plan is required by local law. These practices are encouraged
in order to minimize the reliance on structural practices. Credit
in the form of reductions in the amount of stormwater that must be
managed can be earned through the use of nonstructural practices that
reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is
equal to or greater than that which would be afforded by on-site practices,
and there is a legally obligated entity responsible for long-term
operation and maintenance of the stormwater practice.
(4)
The Village of Brockport finds that meeting the minimum on-site management
requirements is not feasible due to the natural or existing physical
characteristics of a site.
C.
In instances where one of the conditions above applies, the Village
of Brockport may grant a waiver from strict compliance with these
stormwater management provisions, as long as acceptable mitigation
measures are provided. However, to be eligible for a waiver, the applicant
must demonstrate to the satisfaction of the Village of Brockport that
the waiver will not result in the following impacts to downstream
waterways:
D.
No waivers or mitigation plans will be considered for land-disturbance
activity that disturbs one acre or greater of land.
A.
Unless judged by the Village of Brockport to be exempted or granted a waiver per § 27-25, the following performance criteria shall be addressed for stormwater management at all sites. The applicant shall consult the Design Criteria, New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article. If there is a conflict between any of the standards, the more stringent standard shall apply. 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 this § 27-26 and § 27-27 of this article, and the SWPPP shall be prepared by a licensed/certified professional.
B.
The following design and performance criteria shall be addressed
for stormwater management at all sites:
(1)
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed,
the impact of the proposal on wetland functional values shall be assessed
using a method acceptable to the Village of Brockport. In no case
shall the impact on functional values be any greater than that allowed
by the Army Corps of Engineers (A.C.E.) or the NYSDEC responsible
for natural resources.
(3)
An attempt shall be made to maintain annual groundwater recharge
rates by promoting infiltration through the use of structural and
nonstructural methods. At a minimum, an attempt shall be made for
annual recharge from the post-development site to mimic the annual
recharge from predevelopment site conditions.
(4)
In order to protect stream channels from degradation, a specific
channel protection criteria shall be provided as prescribed in the
Design Criteria and/or the New York State Stormwater Management Design
Manual.
(5)
Stormwater discharges to critical areas with sensitive resources
may be subject to additional performance criteria or may need to utilize
or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hot spots," may require the use of specific
structural stormwater treatment practices and pollution prevention
practices.
(7)
Prior to design, applicants are required to consult with the Village
of Brockport to determine if they are subject to additional stormwater
design requirements.
(8)
The calculations for determining peak flows (WQv,) as found in the
New York State Stormwater Management Design Manual, shall be used
for sizing all stormwater management practices.
A.
A SWPPP is required as part of compliance with this article. This
plan must be prepared by a qualified professional and must indicate
whether stormwater will be managed on site or off site, and if on
site, the general location and type of practices, and shall also include
sufficient information (e.g., maps, hydrologic calculations, etc.)
to evaluate the environmental characteristics of the project site,
the potential impacts of all proposed development of the site, both
present and future, on the water resources, and the effectiveness
and acceptability of the measures proposed for managing stormwater
generated at the project site. The plan must be signed by a New York
State licensed professional engineer (PE), who will verify that the
design of all stormwater management practices meets the submittal
requirements outlined in the New York State Stormwater Management
Design Manual. No building or grading permit or site plan approval
shall be issued until a satisfactory stormwater pollution prevention
plan, or a waiver thereof, has undergone a review and been approved
by the Village of Brockport after determining that the plan or waiver
is consistent with the requirements of this article.
B.
The applicant shall employ a "responsible individual," as defined in § 27-20 of this article, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Village of Brockport within five days after the month's end.
C.
All SWPPPs shall provide the following information:
(1)
All information listed in § 27-26 of this article for construction site stormwater pollution prevention and erosion and sediment control.
(2)
A description of each post-construction stormwater management practice.
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
The map(s) will also clearly show proposed land use with tabulation
of the percentage of surface area to be adapted to various uses. A
written description of the site plan and justification of proposed
changes in natural conditions may also be required.
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms,
including calculations such as a description of the design storm frequency,
intensity and duration; time of concentration; soil curve numbers
or runoff coefficients; peak runoff rates and total runoff volumes
for each watershed area; infiltration rates, where applicable; culvert
capacities; flow velocities; data on the increase in rate and volume
of runoff for the design storms referenced in the New York State Stormwater
Management Design Manual; and documentation of sources for all computation
methods and field test results.
(5)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions.
(6)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice.
(7)
The design and planning of all stormwater management facilities shall
include detailed maintenance and repair procedures, including a schedule
to ensure their continued function. These plans will identify the
parts or components of a stormwater management facility that need
to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness
of the maintenance program and the need for revisions or additional
maintenance procedures shall be included in the plan.
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 27-28A and B of this article for additional information.
(10)
The SWPPP shall be prepared by a qualified professional, and
the final plan must be signed by a New York State licensed professional
engineer, who shall certify that the design of all stormwater management
practices meet the requirements in this article.
(11)
A written or graphic inventory of the natural resources at the
site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to
the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands and other native
vegetative areas on the site. Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development.
(12)
The Village of Brockport may also require a concept plan to
consider the maximum development potential of a site under existing
zoning, regardless of whether the applicant presently intends to develop
the site to its maximum potential.
(13)
The applicant must present a detailed plan for management of
vegetation at the site after construction is finished, including who
will be responsible for the maintenance of vegetation at the site
and what practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be prepared by a qualified professional
and in compliance with landscaping specifications outlined in the
New York State Stormwater Management Design Manual.
(14)
The applicant shall assure that all other applicable environmental
permits have been acquired for the site prior to approval of the final
stormwater design plan.
A.
Maintenance easement. The applicant or owner of the site must execute
a maintenance easement agreement that shall be binding on all subsequent
owners of land served by the stormwater management facility. The agreement
shall provide for access to the facility at reasonable times for periodic
inspection by the Village of Brockport, or its contractor or agent,
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article and to, if necessary, implement emergency repairs to protect
the health, safety and welfare of the public. The easement dimensions
shall be as directed by the Village of Brockport, and the easement
agreement shall be recorded in the office of the County Clerk, with
a copy provided to the Village of Brockport.
B.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
C.
Maintenance agreements. The maintenance and proper operation of all
privately owned stormwater management facilities, including nonstructural
practices, shall be ensured through the creation of a formal and enforceable
maintenance agreement that must be approved by the Village of Brockport
and recorded in the office of the County Clerk as a deed restriction
on the property prior to final plan approval. This agreement will
include any and all maintenance easements required to access and inspect
the stormwater management practices and will outline the procedures
and schedule to be followed to perform routine maintenance as necessary
to ensure proper functioning of the stormwater management practice.
In addition, the legally binding agreement shall identify the parties
responsible for the proper maintenance of all stormwater treatment
practices and include plans for periodic inspections by the owners,
or their designated agent, to ensure proper performance of the facility.
The maintenance agreement shall be consistent with the terms and conditions
of the stormwater control facility maintenance agreement. The Village
of Brockport, in lieu of a maintenance agreement, may accept dedication
of any existing or future stormwater management facility for maintenance,
provided that such facility meets all the requirements of this article
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
D.
Requirements of maintenance agreements. All stormwater management
facilities must undergo, at the minimum, an annual inspection to document
maintenance and repair needs to ensure compliance with the requirements
of this article and accomplishment of its purposes. These needs may
include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation. Any maintenance needs
found must be identified in writing, along with the schedule and methods
to be employed to complete the maintenance. The maintenance repairs
and restoration schedule are to be approved by the Village of Brockport
prior to commencing the work, and the Village of Brockport shall inspect
the facility upon completion of the work. The inspection and maintenance
requirement may be increased by the Village of Brockport, as deemed
necessary, to ensure proper functioning of the stormwater management
facility.
E.
Records of installation and maintenance activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs and shall retain the records for at least five years. These
records shall be made available to the Village of Brockport during
inspection of the facility and at other reasonable times upon request.
F.
Maintenance guaranties for privately owned stormwater facilities.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the applicant or by a corporation
that owns or manages a commercial or industrial facility, the applicant,
prior to construction, may be required to provide the Village of Brockport
with an irrevocable letter of credit from an approved financial institution
or surety to insure proper operation and maintenance of all stormwater
management and erosion control facilities, both during and after construction,
and until the Village of Brockport acknowledges compliance with all
details of approved site plan. If the applicant or landowner fails
to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Village of Brockport may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, until the Village of Brockport
acknowledges compliance with all details of the approved site plan.
A.
The Village of Brockport or its designated agent shall make inspections
at any reasonable time for purposes of inspecting the construction
of the stormwater management facilities. Inspections may include but
are 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 which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality
standards or the SPDES stormwater permit; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include but are not limited to reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition
of drainage-control facilities and other stormwater management practices.
The applicant must notify the Village of Brockport in advance before
the commencement of construction. If any violations are found, the
property owner shall be notified of the nature of the violation and
the required corrective actions. No added work shall proceed until
any violations are corrected and all work previously completed has
received approval by the Village of Brockport.
B.
Furthermore, when any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system or combined sewer, the
property owner shall grant to the Village of Brockport the right to
enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. This includes the right to enter a
property when it has a reasonable basis to believe that a violation
of this article is occurring or has occurred and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this article.
A.
All applicants are required to submit actual 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 professional engineer. A final inspection by the
Village of Brockport is required before the release of any performance
securities can occur.
B.
In addition to the above requirements, a landscaping plan must be
submitted with the final design describing the vegetative stabilization
and management techniques to be used at a site after construction
is completed. This plan will explain not only how the site will be
stabilized after construction but who will be responsible for the
maintenance of vegetation at the site and what practices will be employed
to ensure that adequate vegetative cover is preserved. This plan must
be prepared by a qualified professional and must be approved by the
Village of Brockport.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the certified as-built plans.
Any post-construction alterations to the landscape shall receive prior
approval from the Village of Brockport. Temporary landscape alterations,
such as those associated with utility excavations and landscaping
activities, must be restored to conditions that are consistent with
the certified as-built plans.
A.
Failure to maintain practices. If a responsible party fails or refuses
to meet the requirements of the maintenance agreement, the Village
of Brockport, after reasonable notice, may correct a violation of
the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event
that the stormwater management facility becomes a danger to public
safety or public health, the Village of Brockport shall notify the
party responsible for maintenance of the stormwater management facility
in writing. Upon receipt of that notice, the responsible person shall
immediately effect maintenance and repair of the facility in an approved
manner. After proper notice, the Village of Brockport may assess the
owner(s) of the facility for the cost of repair work and any penalties,
and the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes by the county.
B.
Violation. No person shall construct, enlarge, alter, repair or maintain
any grading, excavation or fill, or cause the same to be done, contrary
to or in violation of any terms of this article and/or any local law.
Violations of any provision or requirement of this article and/or
local law or violation of any statement, plan, application, permit
or certification approved under the provisions of this article and/or
local law shall be considered an offense, punishable by a fine and/or
imprisonment, as provided by the Village of Brockport.
C.
Notice of violation. When the Village of Brockport determines that
an activity is not being carried out in accordance with the requirements
of this article, the Code Enforcement Officer (or his authorized inspector)
shall issue a written notice of violation/violations to the owner
of the property. The notice of violation shall contain:
(1)
Informal compliance orders. The Code Enforcement Officer (or his
authorized inspector) is authorized to order, in writing, the remedying
of any condition or activity found to exist in, on or about any building,
structure, premises or land in violation/violations of this article
or local law. Upon finding that any such condition or activity exists,
the Code Enforcement Officer can issue informal (voluntary compliance)
orders either in writing or verbally.
(2)
Compliance orders. The Code Enforcement Officer (or his authorized
inspector) is authorized to order, in writing, the remedying of any
condition or activity found to exist in, on or about any building,
structure, premises or land in violation of this article. Upon finding
that any such condition or activity exists, the Code Enforcement Officer
(or his authorized inspector) shall issue a compliance order.
D.
The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Code Enforcement Officer (or his authorized
inspector);
(3)
Specify the condition or activity that violates this article;
(4)
Specify the provision or provisions of this article which is/are
violated by the specified condition or activity;
(5)
Specify the period of time which the Code Enforcement Officer (or
his authorized inspector) deems to be reasonably necessary for achieving
compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and
(7)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
E.
The Code Enforcement Officer (or his authorized inspector) shall
cause the compliance order to be mailed to the property owner or permit
applicant of the affected property by registered and/or certified
mail, and/or a copy thereof may be served on the owner or permit applicant
of the affected property personally as indicated below. The Code Enforcement
Officer (or his authorized inspector) shall be permitted, but not
required, to cause the compliance order, or a copy thereof, to be
served on any property manager or agent, builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents,
or any other person taking part or assisting in work or use being
performed or occurring at the affected property personally or by registered
and/or certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
F.
Appearance tickets. The Code Enforcement Officer (or his authorized inspector), under the provisions of the Codes Office, are authorized to issue appearance tickets for any violation(s) of this article. The Code Enforcement Officer (or his authorized inspector) can issue appearance tickets foregoing § 27-15A and B, as per the authorization of Chapter 59, § 59-1.
G.
Civil penalties. In addition to those penalties prescribed by state
law, any person who violates any provision of this article, or any
term or condition of any building permit, site plans, stop-work order,
or other notice or order issued by the Code Enforcement Officer (or
his authorized inspector), pursuant to any provision of this article,
shall be liable to a civil penalty. Each day on which any violation
of any of the provisions of this article occurs shall constitute one
offense, and each successive day of violation shall constitute a separate
and distinct offense. Upon conviction of any such violation, such
person, partnership or corporation shall be punished by a fine of
not more than $350 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 article shall
be required to bear the expense of such restoration. Any person who
violates the provisions of the article shall be subject to a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation. The civil penalties provided by this
subsection shall be recoverable in an action instituted in the name
of the Village of Brockport.
H.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village of Brockport in a court of competent jurisdiction
to prevent, restrain, enjoin, correct or abate any violation of or
to enforce any provision of this article, or any term or condition
of any building permit, site plan, stop-work order or compliance order,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this article. In particular, but not by way of
limitation, where the construction or use of a building or land is
in violation of any provision of this article, or any stop-work order,
compliance order or other order obtained under this article, an action
or proceeding may be commenced in the name of this Village of Brockport
in the Supreme Court or in any other court having the requisite jurisdiction
to obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Board of Trustees of
this Village of Brockport.
I.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty available to address any
violation described in this section, and each remedy or penalty specified
in this section shall be in addition to, and not in substitution for
or limitation of, the other remedies or penalties specified in this
section of this article, in any other section of this article, or
in any other applicable law. Any remedy or penalty specified in this
section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section of this article, in any other section of this article,
or in any other applicable law. In particular, but not by way of limitation,
each remedy and penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified
in Subdivision 2 of § 382 of the Executive Law, and any
remedy or penalty specified in this section may be pursued at any
time, whether prior to, simultaneously with, or after the pursuit
of any penalty specified in Subdivision 2 of § 382 of the
Executive Law.
J.
Stop-work order. The Village of Brockport may issue a stop-work order per Chapter 36, § 36-14, for violations of this article. Persons receiving a stop-work order shall be required to halt all land-disturbance activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Village of Brockport confirms that the land-disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this article.
Amended 6-2-2014 by L.L.
No. 2-2014]
K.
Occupation permits may not be granted until corrections to all stormwater
management practices have been made and accepted by the Village of
Brockport.
The Village of Brockport may, at its discretion, require the
submittal of a performance security or bond prior to approval in order
to insure that the stormwater practices are installed as required
by the approved stormwater pollution prevention plan. The amount of
the installation performance security shall be the total estimated
construction cost of the stormwater management practices approved
by the Village of Brockport, plus 25%. The performance security shall
contain forfeiture provisions for failure to complete work specified
in the stormwater pollution prevention plan. The installation performance
security shall be released in full only upon submission of as-built
plans and written certification by a New York State licensed professional
engineer that the stormwater practice has been installed in accordance
with the approved plan and other applicable provisions of this article.
The Village of Brockport will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Village of
Brockport.
A.
If any section, subsection, paragraph, sentence, clause or phrase
of this article shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which shall continue in full force and effect, and to this end the
provisions of this article are hereby declared to be severable.
B.
Saving clause. This article shall not affect violations of any other
ordinance, code or regulation of the municipality existing prior to
the effective date hereof, and any such violation shall be governed
and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in
effect at the time the violation was committed.
This article shall take effect and be in force from and immediately
after all proper proceedings are had under the Village Law of the
State of New York.
