[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 10-14-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
A.
It is hereby determined that:
(1)
Land disturbance activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow;
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land disturbance activities;
(8)
The regulation of stormwater runoff discharges from
land disturbance activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
(9)
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.
B.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town/Village, and to address the findings of fact in Subsection A of this section. This chapter 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 GP-02-02, 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 GP-02-01, 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; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings as
set forth in this section.
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 landowner or agent of a landowner who has filed an application
for a land disturbance activity or stormwater management permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
Individual(s) directed by the Town/Village to conduct site
inspections and/or perform other municipal activities.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land disturbance activities.
Construction activities, including cleaning, grading, excavating,
soil distributions or placement of fill, that result in land disturbances.
Measures that minimize erosion.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
A payment of money in place of meeting all or part of the
stormwater performance standards required by this chapter.
Excavation or fill of material, including the resulting conditions
thereof.
An area where land use or activities generate highly contaminated
runoff with concentration of pollutants in excess of those typically
found in stormwater.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management 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.
New York State Department of Environmental Conservation.
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 pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land disturbance activity.
A person knowledgeable in the principles and practices of
erosion and sediment controls, 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.
The 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 in-depth understanding of the principles and practices
of erosion and sediment controls, stormwater management and the proper
procedures and techniques for the installment and maintenance of erosion
and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special-concern species.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements which show the arrangement, layout and design of
the proposed use of a single parcel of land as shown on a site 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.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee, the Town/Village Engineer or other public official
designated by the Town/Village Board of Trustees to enforce this chapter.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
The Town/Village of East Rochester.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
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," including areas regulated
as wetlands under federal or state law.
This chapter shall be applicable to all land disturbance activities as defined § 151-2 of this chapter.
In accordance with Article 2, § 10,
of the Municipal Home Rule Law of the State of New York, the Town/Village
Board of Trustees has the authority to enact laws for the purpose
of promoting the health, safety, or general welfare of the Town/Village,
including the protection and preservation of its environment and the
property of its inhabitants. By the same authority, the Board of Trustees
may include in any such law provisions for the appointment of any
municipal employees to effectuate and administer such law.
Compliance with this chapter does not relieve
the applicant of the obligation and responsibility to comply with
any additional measures imposed by any other federal, state or local
rule, regulation, statute, ordinance or law as applicable.
A.
The Stormwater Management Officer (SMO) shall review
all stormwater pollution prevention plans (SWPPPs). The SMO may:
(1)
Personally review and approve plans;
(2)
Upon approval by the Town/Village Board of Trustees,
engage the services of a licensed professional engineer to review
and make recommendations as to approval of plans, specifications and
related documents at a cost not to exceed a fee schedule established
by the Town/Village Board of Trustees; or
(3)
Accept the certification of a licensed professional
engineer that the plans conform to the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Stormwater Management Officer (SMO) shall also
administer, implement, and enforce the provisions of this chapter.
Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMO as may be authorized
by the Town/Village.
The following activities are exempt from review
under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
C.
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.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Town/Village on or before the effective date
of this chapter.
F.
Land disturbance activities for which a building permit
has been approved on or before the effective date of this chapter.
H.
Emergency activity immediately necessary to protect
life, property or natural resources.
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
J.
Landscaping and horticultural activities in connection
with an existing structure.
A.
No application for final approval of a land disturbance
activity shall be approved until the appropriate board or Town/Village
official has received an SWPPP prepared in accordance with the specifications
in this chapter and approved by the SMO.
B.
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Information as to the scope of the project, including
location, type and size of project.
(2)
Site map/construction drawing(s) for the project,
including a general location map and a topographic base map, which
extends a minimum of 100 feet beyond the limits of the proposed development,
shown at a scale of one inch equal to not more than 100 feet. At a
minimum, the site map shall show the total site area; drainage basin
areas; all improvements; areas of disturbance; areas that will not
be disturbed; existing vegetation; on-site and adjacent off-site surface
water(s); wetlands and drainage patterns that could be affected by
the construction activity; existing and final slopes; location of
utilities, roads, off-site materials, waste, borrow or equipment storage
areas; location(s) of any stormwater hotspots; and location(s) of
the stormwater discharges(s);
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Description of the soil(s) present on the site;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project closeout;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
Description of structural practices designed
to divert flows from exposed soils, store flows or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable; and
(16)
Any existing data that describes the stormwater
runoff at the site.
C.
Land disturbance activities meeting Condition A, B, C or D below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below, as applicable:
(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 one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities on agricultural properties.
(4)
Condition D: stormwater runoff from land disturbance
activities that are smaller than one acre if such activities are part
of a larger plan of development, even though multiple separate and
distinct land disturbance activities may take place at different times
on different schedules.
D.
SWPPP requirements for Conditions A, B, C and D:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(8)
Maintenance and inspection easement agreement binding on all subsequent landowners served by the on-site stormwater management measures, in accordance with § 151-10; and
(9)
For Condition A, the SWPPP shall be prepared by a
professional engineer and must be signed by the professional engineer
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land disturbance
activity prior to approval of the final stormwater design plan.
F.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land disturbance activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm, the address (or other identifying description)
of the site and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land disturbance activity.
G.
A copy of the SWPPP shall be retained at the site
of the land disturbance activity during construction from the date
of initiation of construction activities to the date of final stabilization.
H.
Modifications to SWPPP after approval.
(1)
All amendments of the SWPPP shall be submitted to
the Town/Village for approval.
(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;
(b)
The SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this chapter; or
(c)
Site development has not commenced within 18
months from SWPPP approval.
(3)
The amended SWPPP shall identify any new contractor
or subcontractor that will implement any measure of the SWPPP and
include copies of the signed contractor certification statements from
new contractors/subcontractors working on the site.
(4)
Field modifications of a minor nature may be authorized
in writing by the Town/Village and/or its designated agent to the
applicant.
All land disturbance activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this chapter:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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 § 151-9 of this chapter and the SWPPP shall be prepared by a licensed professional engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Water quality standards. Any 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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land disturbance
activity or its representative shall at all times properly operate
and maintain all stormwater management facilities and erosion and
sediment control measures (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%. The land disturbance activity shall not cause an increase
in turbidity that will result in substantive visible contrast to natural
conditions in surface waters of the State of New York.
(2)
For land disturbance activities meeting Condition A, B, C or D in § 151-8 of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
For a land disturbance activity that requires an NYSDEC
SPDES permit, the SWPPP approved by the Town/Village shall be in effect
until the site has been finally stabilized, a notice of termination
(NOT) is submitted to the NYSDEC in accordance with the general permit
and a final inspection has been completed by the Town/Village. For
projects that do not require an NYSDEC NOT, the SWPPP is in effect
until a final inspection is conducted and the Town/Village has issued
the applicant written approval.
(4)
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.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall ensure they are operated and maintained to
achieve the goals of this chapter. Proper operation and maintenance
also includes, at a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
C.
Maintenance and inspection easement agreement. Prior
to the issuance of final approval of a land disturbance activity that
has a stormwater management facility that will remain in private ownership
as one of the requirements, the record owner of the stormwater management
facility shall execute a maintenance and inspection easement agreement
running to the benefit of the Town/Village. The maintenance and inspection
easement agreement shall provide for maintenance of the facility,
by the owner, in accordance with the requirements of this chapter,
together with access to the facility at reasonable times for periodic
inspection by the Town/Village to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The maintenance and inspection
easement agreement shall be recorded in the office of the County Clerk
after approval by the attorney for the Town/Village.
D.
Dedication permitted. The Town/Village, at its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided that such facility meets all the requirements
of this chapter and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary
to determine compliance with this chapter and may either approve that
portion of the work completed or notify the applicant how the work
fails to comply with the requirements of this chapter and the SWPPP
as approved. To obtain inspections, the applicant shall notify the
SMO at least 48 hours before any of the following as required by the
SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; and
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted,
except for site stabilization, until any violations are corrected
and all work previously completed has received approval by the SMO.
(2)
Stormwater management practice inspections. The SMO
is authorized to conduct inspections of stormwater management practices
(SMPs). All applicants are required to submit record drawings 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 professional
engineer. A final inspection by the Town/Village is required before
the release of any performance securities can occur.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Inspection of stormwater facilities after project
completion. Inspection programs may be established by the SMO on any
reasonable basis, including, but not limited to, the following: routine
inspections; random inspections; inspections based upon complaints
or other notice of possible violations; inspection of drainage basins
or areas identified as higher-than-typical sources of sediment or
other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher-than-usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than
the typical discharge to cause violations of state or federal water
or sediment quality standards or the SPDES stormwater permit; and
joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices.
(4)
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
(5)
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town/Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as required or allowed by this chapter. This right to enter may be granted by the maintenance and Inspection easement agreement provided in accordance with § 151-10C of this chapter.
(6)
Landscape alterations. All applicants are responsible
for maintaining the grading of the site so that it is consistent with
the certified record drawings. Any postconstruction alterations to
the landscape shall receive prior approval from the Town/Village.
Temporary landscape alterations, such as those associated with utility
excavations and landscaping activities, must be restored to conditions
that are consistent with the certified record drawings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure
the full and faithful compliance with an approved SWPPP, the SMO may
require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow or irrevocable letter of credit from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Town/Village as the beneficiary.
The security shall be in an amount to be determined by the Town/Village
Engineer based on submission of final design plans, with reference
to actual construction and landscaping costs, plus a commercially
acceptable contingency amount. The performance guarantee shall remain
in force until the surety is released from liability by the Town/Village,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
has (have) been constructed in accordance with the approved SWPPP
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the SMO.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town/Village with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town/Village may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The SMO may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
All persons shall comply with the requirements of
this chapter, unless a written request is filed to waive the requirements
in part or in whole for land disturbance activities that disturb less
than one acre of land. Requests to waive any requirements of this
chapter shall be submitted to the Town/Village 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 chapter.
(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 Town/Village, 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 Town/Village finds that meeting the minimum on-site
management requirements is not feasible due to the natural or existing
physical characteristics of a site.
(5)
Nonstructural practices will be used on the site that
reduce the generation of stormwater from the site, the size and cost
of stormwater storage and the pollutants generated at the site.
C.
In instances where one of the conditions above applies,
the Town/Village 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 variance, the
applicant must demonstrate to the satisfaction of the Town/Village
that the variance will not result in the following impacts to downstream
waterways:
D.
Furthermore, where compliance with minimum requirements
for stormwater management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures selected
by the Town/Village. Mitigation measures may include, but are not
limited to, the following:
(1)
The purchase and donation of privately owned lands or the grant of an easement to be dedicated for preservation and/or reforestation (dedication or easement of land, see § 151-13B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.
(2)
The creation of a stormwater management facility or
other drainage improvements on previously developed properties, public
or private, that currently lack stormwater management facilities designed
and constructed in accordance with the purposes and standards of this
chapter.
E.
No waivers or mitigation plans will be considered
for land disturbance activity that disturbs one acre or greater of
land.
A.
Fee in lieu of. Where the Town/Village waives all
or part of the minimum stormwater management requirements, or where
the waiver is based on the provision of adequate stormwater facilities
provided downstream of the proposed development, the applicant shall
be required to pay a fee in an amount as determined by the Town/Village.
All monetary contributions shall be made to a dedicated fund for stormwater
management activities. The fee structure shall be based on the cubic
feet of storage required for stormwater management of the development
in question. All of the monetary contributions shall be made by the
applicant prior to the issuance of any permit or approval for the
development.
B.
Dedication or easement of land. In lieu of a monetary
contribution, an applicant may obtain a waiver of the required stormwater
management fee by entering into an agreement with the Town/Village
for the granting of an easement or the dedication of land by the applicant,
to be used for the construction of an off-site stormwater management
facility. The agreement shall be entered into by the applicant and
the Town/Village prior to the recording of plats or, if no record
plat is required, prior to the issuance of the permit.
A.
Notice of violation. When the SMO determines that
a land disturbance activity is not being carried out in accordance
with the requirements of this chapter, the SMO may issue a written
notice of violation to the landowner, applicant and/or developer.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer and/or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land disturbance activity into compliance with this chapter
and a time schedule for the completion of such remedial action; and
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
B.
Stop-work orders. The SMO may issue a stop-work order
for violations of this chapter. 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 SMO 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 chapter.
C.
Violations. Any land disturbance activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law in an
action brought by the Town/Village in State Supreme Court. Further,
the SMO may issue appearance tickets for violations of this chapter.
D.
Penalties. In addition to or as an alternative to
any penalty provided in this chapter or by law, any person who violates
the provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
15 days, 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 15 days, 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 15 days, or both. Each week's continued violation shall
constitute a separate additional violation.
E.
Withholding of certificate of occupancy. If a land disturbance activity is conducted in violation of this chapter, the SMO may prevent the occupancy of said building or land, and the Building Inspector or Code Enforcement Officer may refuse to issue a certificate of occupancy or certificate of compliance pursuant to Chapter 67, Building Construction and Fire Prevention, of the Town/Village Code.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town/Village
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
A.
A review fee shall be paid by the applicant or its
agent upon submission of any SWPPP or SMPs for approval.
B.
The Town/Village may also require any person undertaking
land disturbance activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections or SMP
maintenance performed by the Town/Village or performed by a third
party for the Town/Village.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall take effect immediately upon
adoption and filing in the office of New York State Secretary of State
in accordance with § 27 of the Municipal Home Rule Law.
