[HISTORY: Adopted by the Board of Trustees
of the Village of Hastings-on-Hudson 12-11-2007 by L.L. No. 5-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 101.
Environmental quality review — See Ch. 131.
Flood damage prevention — See Ch. 146.
Steep slopes — See Ch. 249.
Zoning — See Ch. 295.
Attachment 1 - Schedule A1 - Green Infrastructure Planning General Categories and Specific Practices
Attachment 2 - Schedule A2 - Green Infrastructure Techniques Acceptable for Runoff ReductionAttachment 3 - Schedule A3 - Stormwater Management Practices Acceptable for Water QualityAttachment 4 - Schedule B - Sample Stormwater Control Facility Maintenance Agreement
Attachment 2 - Schedule A2 - Green Infrastructure Techniques Acceptable for Runoff ReductionAttachment 3 - Schedule A3 - Stormwater Management Practices Acceptable for Water QualityAttachment 4 - Schedule B - Sample Stormwater Control Facility Maintenance Agreement[1]
Editor's Note: This local law also superseded
former Ch. 250, Stormwater Management, consisting of Art. I, Design
and Practices Requirements, adopted 11-4-2003 by L.L. No. 6-2003.
The Board of Trustees hereby determines:
A.Â
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.Â
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
C.Â
Clearing, grading, excavating, soil disturbance, or
placement of fill during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D.Â
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation.
E.Â
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
F.Â
Substantial economic losses can result from these
adverse impacts on the waters of the Village.
G.Â
Stormwater runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
H.Â
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
I.Â
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this article 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 Village of Hastings-on-Hudson and to address the legislative findings in § 250-1 above. This article seeks to meet those purposes by achieving the following objectives:
A.Â
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.
B.Â
Require land development 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, or as amended
or revised.
C.Â
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels.
D.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities that would otherwise degrade
local water quality.
E.Â
Minimize the total annual volume of stormwater runoff
that flows from any specific site during and following development
to the maximum extent practicable.
F.Â
Reduce stormwater runoff rates and volumes, soil erosion,
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
G.Â
Encourage
the use of green infrastructure practices to control stormwater runoff,
such as protecting natural areas, reducing impervious cover, and using
runoff reduction techniques, to the maximum extent practicable.
[Added 1-18-2011 by L.L. No. 2-2011]
A.Â
This article shall be applicable to all land development activities as defined in § 250-5. It shall be unlawful for any person to engage in a land development activity, other than an exempt activity as defined in § 250-4, in the absence of a stormwater pollution prevention plan (SWPPP) approved by the Stormwater Management Officer or other approving authority as specified in Subsection B below.
B.Â
The Stormwater Management Officer shall be the approving
authority for all stormwater pollution prevention plans, except as
follows:
(1)Â
The Planning Board shall be the approving authority
for any application involving property that is also the subject of
a pending site plan, subdivision, or steep slopes application or other
application requiring Planning Board approval.
(2)Â
The Zoning Board of Appeals shall be the approving
authority for any application involving property that is also the
subject of a pending special permit application if the application
does not require Planning Board approval.
C.Â
The approving authority may review the plans; engage the services of a registered professional engineer to review the plans, specifications, and related documents in accordance with Chapter 223, Professional Fees; or accept the certification of a licensed professional that the plans conform to the requirements of this article.
The following activities may be exempt from
review under this article:
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity.
C.Â
Routine maintenance activities that disturb less than
one acre and are performed to maintain the original line and grade.
D.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.Â
Land development activities for which a building permit
has been approved and is still in effect on or before the effective
date of this article.
F.Â
Cemetery graves.
G.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H.Â
Emergency activity immediately necessary to protect
life, property, or natural resources.
I.Â
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.
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.
Any individual or individuals, firm, partnership, association,
corporation, organization or other legal entity of any kind, including
municipal corporations, governmental agencies or subdivisions thereof,
filing an application for a land development activity subject to the
provisions of this article.
The Board of Trustees of the Village of Hastings-on-Hudson.
The term "building" as defined in § 295-5 of the Village Code now or as hereafter amended.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 1-18-2011 by L.L. No. 2-2011]
Those surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snowmelt, and water (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, grubbing, grading,
excavating, soil disturbance, or placement of fill that results in
land disturbance of equal to or greater than 10,000 square feet in
area.
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 legally recorded document that acts as a property deed
restriction and that 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.
The New York State Department of Environmental Conservation.
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies, or subdivisions
thereof.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
Certified Professional in Erosion and Sediment Control (CPESC), or
registered landscape architect, or someone working under the direct
supervision of, and at the same company as, the licensed professional
engineer or registered landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
[Added 1-18-2011 by L.L. No. 2-2011]
The replenishment of undergroundwater reserves.
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.
Of or relating to the management and care of forests.
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.
An order issued by the duly authorized municipal authority
that requires that all land development activity and other construction
activity on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
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 or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, and inspect stormwater management
practices.
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.
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 or undergroundwaters), that are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, that
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water that neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company that meets the qualified inspector qualifications.
[Added 1-18-2011 by L.L. No. 2-2011]
The Village of Hastings-on-Hudson.
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
No application for approval of a land development
activity shall be reviewed until the appropriate approving authority
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications of this article.
A.Â
All SWPPPs shall provide the following background
information, erosion and sediment controls, and stormwater management
measures:
(1)Â
Background information about the scope of the project,
including location, type, and size of project.
(2)Â
Site map/construction drawing(s) for the project,
at a scale no smaller than one inch equals 50 feet, including a general
location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not
be disturbed; existing vegetation; on-site and adjacent off-site surface
water(s); wetlands and drainage patterns that could be affected by
the construction activity; existing and final slopes; locations of
off-site material, waste, borrow or equipment storage areas; and location(s)
of the stormwater discharges(s).
(3)Â
Description of the soil(s) present at the site.
(4)Â
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. The
Village may opt to reduce the amount of land that may be exposed at
any one time.
(5)Â
Description of the pollution prevention measures that
will be used to control construction materials, chemicals, and debris
from becoming a pollutant source in stormwater runoff.
(6)Â
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)Â
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control, and sediment
control for each stage of the project from initial land clearing and
grubbing to project close-out.
(8)Â
A site map/construction drawing(s), at a scale no
smaller than one inch equals 50 feet, specifying the location, size,
and length of each erosion and sediment control practice.
(9)Â
Dimensions, material specifications, and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(10)Â
Temporary practices that will be converted to
permanent control measures.
(11)Â
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice will remain in place until
the site is stabilized.
(12)Â
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice.
(13)Â
Name(s) of the receiving water(s) and NYSDEC
classifications, if applicable.
(14)Â
Delineation of SWPPP implementation responsibilities
for each part of the site.
(15)Â
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.
(16)Â
Any existing data that describes the stormwater
runoff at the site.
(17)Â
An acknowledgment by the landowner granting
to the Village and other agencies having jurisdiction the right to
enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
(18)Â
Description of each post-construction stormwater
management practice, including documentation of the five-step planning
process for stormwater management using green infrastructure as outlined
in the Design Manual using the practices in Schedules A1, A2 and A3.[1]
[Amended 1-18-2011 by L.L. No. 2-2011]
[1]
Editor’s Note: Said schedules are included at the end
of this chapter.
(19)Â
Site map/construction drawings, at a scale no
smaller than one inch equals 50 feet, showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(20)Â
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms, as per the manual specified in § 250-12.
(21)Â
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(22)Â
Dimensions, material specifications, and installation
details for each postconstruction stormwater management practice.
(23)Â
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice.
B.Â
In addition to the requirements of Subsection A above, SWPPPs for land development activities disturbing one or more acres and land development 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, must provide the following water quantity and/or water quality controls (post stormwater construction controls):
(1)Â
Description of each post-construction stormwater management
practice, including documentation of the five-step planning process
for stormwater management using green infrastructure as outlined in
the Design Manual using the practices in Schedules A1, A2 and A3.[2]
[Amended 1-18-2011 by L.L. No. 2-2011]
[2]
Editor’s Note: Said schedules are included at the end
of this chapter.
(2)Â
Site map/construction drawing(s), at a scale no smaller
than one inch equals 50 feet, showing the specific location and size
of each postconstruction stormwater management quality practice.
(3)Â
Hydrologic and hydraulic analysis for all structural components of the stormwater management quality system for the applicable design storms, as per the manual specified in § 250-12.
(4)Â
Dimensions, material specifications, and installation
details for each postconstruction stormwater management quality practice.
(5)Â
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management quality practice.
(6)Â
Maintenance easements, where required, to ensure access
to all stormwater management practices at the site for the purpose
of inspection and repair. Easements shall be recorded and shall remain
in effect with transfer of title to the property.
The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sediment control, professional
engineer, or other professional deemed acceptable by the NYSDEC and
must be signed by the professional preparing the plan who shall certify
that the design of all stormwater management practices meets the requirements
in this article.
A.Â
Each contractor and subcontractor identified in the
SWPPP and/or any successor or substitute contractor or subcontractor
who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
B.Â
The certification must include the name and title
of the person providing the signature; address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
C.Â
The certification statement(s) shall become part of
the SWPPP for the land development activity and shall be retained
on site.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
A copy of the SWPPP shall be retained at the
site of the land development activity during construction from the
date of initiation of construction activities to the date of final
stabilization.
For the purpose of this article, 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 article. Copies
of the two manuals are on file the office of the Stormwater Management
Officer.
A.Â
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
B.Â
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
Any land development activity shall not cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.Â
The owner, applicant, or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) that
are installed or used by the owner, applicant, or developer 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%.
B.Â
The owner, applicant or developer or their representative,
one of which must be a trained contractor, 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. Inspection shall be conducted and inspection reports
shall be completed by a landscape architect, certified professional
in erosion and sediment control, professional engineer, or other professional
deemed qualified by the NYSDEC every seven days and within 24 hours
of any storm event producing 0.5 inch of precipitation or more. The
reports shall be maintained in a site logbook and delivered to the
Stormwater Management Officer. Construction activities disturbing
five acres or more at any one time shall be inspected by a qualified
inspector every seven days.
[Amended 1-18-2011 by L.L. No. 2-2011]
Prior to the issuance of any approval that has
a stormwater management facility as one of the requirements, the owner,
applicant, or developer must execute an easement that shall be binding
on all subsequent landowners served by the stormwater management facility.
The easement shall be in a form acceptable to the Village Attorney
and shall provide for access to the facility at reasonable times for
periodic inspection by the Village to ensure that the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this article. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the Village Attorney.
The owner or operator of permanent stormwater
management practices installed in accordance with this article shall
operate and maintain the stormwater management practices to achieve
the goals of this article. Proper operation and maintenance also includes,
as a minimum, the following:
A.Â
A preventive/corrective maintenance program for all
facilities and systems of treatment and control (or related appurtenances)
that are installed or used by the owner or operator to achieve the
goals of this article.
B.Â
Written procedures for operation and maintenance and
training new maintenance personnel.
A.Â
Prior to the issuance of any final plan approval,
the owner, applicant, or developer must execute a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners. The maintenance agreement shall be in a form acceptable
to the Village Attorney and shall be recorded in the office of the
County Clerk as a deed restriction on the property. The maintenance
agreement shall be consistent with the terms and conditions of Schedule
B of this article entitled, "Sample Stormwater Control Facility Maintenance
Agreement."[1]
[Amended 1-18-2011 by L.L. No. 2-2011]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
B.Â
The Village, in lieu of a maintenance agreement, at
its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
A.Â
The Stormwater Management Officer may require such
inspections as necessary to determine compliance with this article
and may either approve that portion of the work completed or notify
the applicant when the work fails to comply with the requirements
of this article and the stormwater pollution prevention plan as approved.
To obtain inspections, the applicant shall notify the Stormwater Management
Officer at least 48 hours before any of the following as required
by the Stormwater Management Officer:
(1)Â
Start of construction;
(2)Â
Installation of sediment and erosion control measures;
(3)Â
Completion of site clearing;
(4)Â
Completion of rough grading;
(5)Â
Installation of constructed stormwater improvements;
(6)Â
Completion of final grading;
(7)Â
Close of the construction season;
(8)Â
Completion of final landscaping; and
(9)Â
Successful establishment of landscaping in public
areas.
B.Â
If any violations are found, the owner, applicant,
and/or 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.
All applicants are required to submit as-built
plans for any stormwater management practices located on site after
final construction is completed. The plan must show the final design
specifications for all stormwater management facilities and must be
certified by a New York State licensed land surveyor or professional
engineer.
A.Â
The Village Stormwater Management Officer is responsible
for conducting inspections of stormwater management practices. The
Stormwater Management Officer may utilize a certified professional
in erosion and sediment control, a professional engineer, or other
professional deemed acceptable by the NYSDEC.
B.Â
Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
that 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 SMO may require monitoring and reporting
from entities subject to this article as are necessary to determine
compliance with this article.
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 Village the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
A.Â
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
in its approval of the stormwater pollution prevention plan, the Village
may require the owner, 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 Village
as the beneficiary. The security shall be in an amount to be determined
by the Village based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the 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) have been constructed in accordance with the
approved plans and specifications and that a one-year inspection has
been conducted and the facilities have been found to be acceptable
to the Village. Per annum interest on cash escrow deposits shall be
reinvested in the account until the surety is released from liability.
B.Â
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 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 Village may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
Entities subject to this article shall maintain
records demonstrating compliance with this article.
A.Â
Notice of violation. When the Village determines that
a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner, applicant, contractor, subcontractor,
and/or developer. The notice of violation shall contain:
(1)Â
The name and address of the landowner, contractor,
subcontractor, developer or applicant;
(2)Â
The address when available or a description of the
building, structure, or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to
bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action; and
(5)Â
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.Â
Stop-work orders. The Village may issue a stop-work
order for violations of this article. Persons receiving a stop-work
order shall be required to halt all land development activities and
other construction activities, except those activities approved by
the Village that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Village confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this article.
C.Â
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
D.Â
Penalties. In addition to any penalty provided herein
or by other law, any person who violates the provisions of article
shall be guilty of a violation punishable by a fine not exceeding
$500 or imprisonment for a period not to exceed six months, or both
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $1,500 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 $2,000
or more than $2,500 or imprisonment for a period not to exceed six
months, or both. 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.
E.Â
Withholding certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the Stormwater Management Officer may prevent the
occupancy of said building or land.
F.Â
Restoration of lands. In addition to any penalty provided
herein, any person in violation of this article may be required to
restore land to its undisturbed condition and/or mitigate on-site
and off-site damage from stormwater runoff, sediment, or pollutants
resulting from the violator's activities. In the event that restoration
or mitigation is not undertaken within a reasonable time after notice,
the Village may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
Application fees established by resolution of the Village Board of Trustees shall be submitted with the application. In addition, in accordance with the provisions of Chapter 223 of the Village Code, any person undertaking land development activities regulated by this article shall reimburse the Village for the cost of professional services incurred by the Village for the review of SWPPPs and for the performance of inspections and/or maintenance activities as provided in this article. The Village may establish escrow accounts for these purposes as provided in Chapter 223 of the Village Code.
A.Â
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Village
of Hastings-on-Hudson through the regulation of nonstormwater discharges
to the municipal separate storm sewer system (MS4) to the maximum
extent practicable as required by federal and state law. This article
establishes methods for controlling the introduction of pollutants
into the MS4 in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) General Permit for
Municipal Separate Storm Sewer Systems.
B.Â
The objectives of this article are:
(1)Â
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process, or discharge
nonstormwater wastes.
(2)Â
To prohibit illicit connections and discharges to
the MS4.
(3)Â
To establish legal authority to carry out all inspection,
surveillance, and monitoring procedures necessary to ensure compliance
with this article.
As used in this article, the following terms
shall have the meanings indicated:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
Any material, including any substance, waste, or combination
thereof, that because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 250-31A of this article.
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the MS4, including but not
limited to:
Any conveyances that allow any nonstormwater
discharge, including but not limited to sewage, process wastewater,
and wash water to enter the MS4 and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized agency; or
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 that has not been documented in
plans, maps, or equivalent records and approved by an authorized agency.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies, or subdivisions
thereof.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects 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 constructing a building or structure; and noxious
or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of New York State.
Rainwater, surface runoff, snowmelt, and drainage.
An employee or officer designated by the Village to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable Village board, and inspect stormwater management
practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Village of Hastings-on-Hudson.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the MS4 generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Management Officer (SMO) shall
administer, implement, and enforce the provisions of this article.
Such powers granted or duties imposed upon the SMO may be delegated
by the SMO as may be authorized by the Village Manager.
A.Â
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the MS4 any materials other
than stormwater except as provided in this subsection. The commencement,
conduct, or continuance of any illegal discharge to the MS4 is prohibited
except as follows:
(1)Â
The following discharges are exempt from discharge
prohibitions established by this article, unless the NYSDEC or EPA
or the Village Board of Trustees by resolution has determined them
to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space or basement sump pumps, air-conditioning condensation,
irrigation water, springs, noncommercial washing of vehicles, natural
riparian habitat or wetland flows, dechlorinated swimming pool discharges,
residential street wash water, water from fire-fighting activities,
and any other water source not containing pollutants.
(2)Â
Discharges approved, in writing, by the Stormwater
Management Officer to protect life or property from imminent harm
or damage are permitted, provided that such approval shall not be
construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)Â
Dye testing in compliance with applicable state and
local laws is an allowable discharge, provided that verbal notification
is given to the SMO at least 24 hours prior to the test.
(4)Â
The prohibition shall not apply to any nondischarge
permitted under a SPDES permit, waiver, or waste discharge order issued
to the discharger and administered under the authority of the NYSDEC,
provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance, or continued existence
of illicit connections to the MS4 is prohibited.
(2)Â
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)Â
A person is considered to be in violation of this
article if the person connects a line conveying sewage or any other
wastewater discharge to the MS4 or allows such a connection to continue.
A.Â
Where the Stormwater Management Officer has identified illegal discharges, as defined in § 250-28, the Village may require implementation of best management practices (BMPs) to control those illegal discharges and activities.
B.Â
The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 or watercourses through the use of these structural and
nonstructural BMPs.
C.Â
Any person responsible for a property or premises,
that is or may be the source of an illicit discharge or an activity
contaminating stormwater may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to reduce or
eliminate the source of pollutant(s) to the MS4.
D.Â
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
A.Â
Emergency situations. The Stormwater Management Officer
may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened
discharge that presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4. The SMO shall notify the person of such suspension within a reasonable
time thereafter, in writing, of the reasons for the suspension. If
the violator fails to comply with a suspension order issued in an
emergency, the SMO may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or to waters of the United States or
to persons.
B.Â
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may
have its MS4 access terminated if such termination would abate or
reduce an illicit discharge. The SMO shall notify a violator, in writing,
of the proposed termination of its MS4 access and the reason for the
termination. The violator may petition the SMO for reconsideration.
Access may be granted by the SMO, with or without conditions, if the
SMO finds that the illegal discharge has ceased and the discharger
has taken steps to prevent its recurrence. Access may be denied if
the SMO determines, in writing, that the illegal discharge has not
ceased or is likely to recur.
C.Â
A person commits an offense if the person reinstates
MS4 access terminated pursuant to this section without the prior approval
of the SMO.
Any person subject to an industrial or construction
activity SPDES or NPDES stormwater discharge permit shall comply with
all provisions of such permit. Proof of compliance with said permit
may be required in a form acceptable to the Village prior to the allowing
of discharges to the MS4.
A.Â
Applicability. This section applies to all facilities
that the SMO must inspect to enforce any provision of this article,
or whenever the SMO has cause to believe there exists or potentially
exists in or upon any premises any condition that constitutes a violation
of this article.
B.Â
Access to facilities.
(1)Â
The SMO shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force that require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMO.
(2)Â
Facility operators shall allow the SMO ready access
to all parts of the premises for the purposes of inspection, sampling,
examination, and copying of records as may be required to implement
this article.
(3)Â
The Village shall have the right to set up on any
facility subject to this article such devices as are necessary in
the opinion of the SMO to conduct monitoring and/or sampling of the
facility's stormwater discharge.
(4)Â
The Village has the right to require the facilities
subject to this article to install monitoring equipment as is reasonably
necessary to determine compliance with this article. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)Â
Unreasonable delays in allowing the SMO access to
a facility subject to this article is a violation of this article.
A person who is the operator of a facility subject to this article
commits an offense if the person denies the SMO reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)Â
If the SMO has been refused access to any part of
the premises from which stormwater is discharged, and the SMO is able
to demonstrate probable cause to believe that there may be a violation
of this article, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program designed to verify
compliance with this article or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community,
then the SMO may seek issuance of a search warrant from any court
of competent jurisdiction.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials that are resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Village in person or by telephone or
facsimile no later than the next business day. Notifications in person
or by telephone shall be confirmed by written notice addressed and
mailed to the Village within three business days of the notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
A.Â
When the SMO finds that a person has violated a prohibition
or failed to meet a requirement of this article, the SMO may order
compliance by written notice of violation to the responsible person.
Such notice may require without limitation:
(1)Â
That violating discharges, practices, or operations
cease and desist;
(2)Â
That illicit connections or illegal discharges be
eliminated;
(3)Â
That monitoring, analyses, and reporting be performed;
(4)Â
That stormwater pollution or contamination hazards
be abated or remediated and that any affected property be restored;
and
(5)Â
That source control or treatment BMPs be implemented.
B.Â
If abatement of a violation and/or restoration of
affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by the Village or a contractor designated by the Village and the expense
thereof shall be charged to the violator.
C.Â
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, then the Village
may enter upon the property and take any and all measures reasonably
necessary to abate the violation and/or restore the property.
D.Â
Within 10 days after abatement of the violation by
or under authorization of the SMO, the owner of the property will
be notified of the cost of abatement, including administrative costs.
The property owner may file a written protest with the Village Board
of Trustees objecting to the amount of the assessment within 10 days
of receipt of the notice. If the amount due is not paid within 30
days after the disposition of any protests or the expiration of the
time to file an appeal, whichever is earlier, the charges shall become
a lien on the property for the amount of the assessment, to be collected
in the same manner as real estate taxes.
E.Â
Penalties. In addition to any penalty provided herein
or by other law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not less than
$500 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both, 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 $1,000 nor more
than $1,500 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 $2,000 or more than $2,500 or imprisonment
for a period not to exceed six months, or both. 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.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the SMO may petition for a preliminary or permanent
injunction restraining the person from activities that would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the Village
to seek cumulative remedies.
A.Â
Severability. 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.
B.Â
Effective date. This chapter shall be effective upon
filing with the office of the Secretary of State.
