[HISTORY: Adopted by the Town Board of the
Town of Somers 9-11-2008 by L.L. No. 8-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Critical environmental areas — See Ch. 84.
Environmental quality review — See Ch. 92.
Excavations — See Ch. 94.
Scenic resource protection — See Ch. 138.
Steep slopes protection — See Ch. 148.
Subdivision of land — See Ch. 150.
Wetlands and watercourse protection — Ch. 167.
Zoning — See Ch. 170.
[1]
Editor's Note: This chapter also repealed
former Ch. 93, Erosion and Sediment Control, adopted 2-9-2006 by L.L.
No. 3-2006.
It is hereby determined that:
A.
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.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
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.
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.
It is the intent of the Town of Somers to establish
minimum stormwater management requirements and controls to safeguard
persons, protect property, prevent damage to the environment, and
promote the public welfare by guiding, regulating, and controlling
the design, use and maintenance of any development or other activity
which disturbs or breaks the surface of soil or results in the movement
of earth on land situated in the Town. This chapter seeks to meet
those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), as amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, as amended or revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
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.
A.
Customary meanings. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Certain words or phrases used in this chapter shall be interpreted as defined below; and where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals as stated in § 93-2.
B.
ADDITION
ADJACENT PARCEL
AGENT
AGRICULTURAL ACTIVITY
ALTERATION
APPLICANT
APPROVING AUTHORITY
BUILDING
BUILDING INSPECTOR
BUILDING PERMIT
CERTIFICATION
CERTIFIED CUBIC YARDS
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
CHANNEL
CLEARING
DEDICATION
DESIGN MANUAL
DEVELOPER
DEVELOPMENT
DRAINAGEWAY
EROSION AND SEDIMENT CONTROL PERMIT
EROSION AND SEDIMENT CONTROL PLAN
EROSION CONTROL
EROSION CONTROL MANUAL
EXCAVATION
EXISTING GRADE
FILL
FINAL GRADE
FLOODWAY
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
NATURAL DRAINAGE
NONPOINT SOURCE POLLUTION
PARCEL
PERIMETER CONTROL
PERMANENT VEGETATION
PERMITTEE
PERMITTING AUTHORITY
PERSON
PHASING
POLLUTANT OF CONCERN
PROJECT
QUALIFIED INSPECTOR
RECHARGE
REMOVAL
SEDIMENT CONTROL
SENSITIVE AREAS
SITE
SITE DEVELOPMENT
SOIL STABILIZATION
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS
STABILIZATION
START OF CONSTRUCTION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SPPP)
STORMWATER RUNOFF
STRIPPING
SURFACE WATERS OF THE STATE OF NEW YORK
TEMPORARY STREAM CROSSING
TOWN ENGINEER
VARIANCE
WATERCOURSE
WATERWAY
WET SEASON
Defined phrases. As used in this chapter, the following
terms shall have the meanings indicated:
Any work on an existing structure that changes the external
dimensions of such structure.
All parcels contiguous to the subject parcel, as well as
all parcels downstream of the subject parcel within the natural or
actual drainageway or watercourse.
Any Town of Somers official who is designated to administer
and enforce this chapter.
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 work on an existing structure that affects the interior
of the structure but does not change its external dimensions.
A property owner or agent of a property owner who has filed
an application for a land development activity.
The Planning Board, Town Engineer or his/her authorized representative,
or other approving authority to whom oversight of this chapter is
given by the Town Board.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet.
The Building Inspector of the Town of Somers, or his/her
assistant.
A permit issued by the municipality for the construction,
erection, or alteration of a structure or building.
A formal attestation that the specific inspections and tests,
where required, have been performed and that such tests comply with
applicable requirements of this chapter.
The measurement used to determine the amount of material
in excavation and/or fill measured by the method of average end areas.
A person who has received training and is certified by CPESC
Inc. to review, inspect, and/or maintain erosion and sediment control
practices.
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 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.
Any man-made change to unimproved real estate, including
but not limited to the building of other structures, mining, dredging,
filling, grading, paving, removal of vegetation, excavation, blasting
or drilling operations.
Any channel that conveys surface runoff throughout the site.
A permit issued by the Town of Somers for an approved erosion
and sediment control plan which allows for the construction or alteration
of ground improvements and structures for the control of erosion,
runoff and grading.
A plan or set of plans, prepared by a New York State licensed
engineer, architect, landscape architect, or certified professional
in erosion and sediment control (CPESC) or by the Westchester County
Soil and Water Conservation District, indicating the specific measures
and sequencing to be used to control sediment and erosion on a development
site both during and after construction.
A measure that prevents erosion.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, or spread, and shall include the resulting conditions.
The elevation of the existing ground surface prior to excavation
or filling.
Any act by which earth, sand, gravel, or other material is
deposited, placed, replaced, dumped, transported, or moved by man
to a new location.
The elevation of the ground or pavement surface after the
grading work is completed in accordance with the approved plan.
The channel of a river, stream, brook, or other watercourse
and the adjacent areas that must be reserved in order to convey the
one-hundred-year flood without cumulatively increasing the water surface
elevation more than one foot, as shown on the Federal Emergency Management
Agency Floodway Map.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
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.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavation,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 5,000 square feet of total land area that
is part of a larger common plan of development or sale, even though
multiple separate and distinct land 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 legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Channels formed in the existing topography of the land prior
to changes made by human activities.
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.
All contiguous land under one ownership.
A barrier that prevents sediment from leaving a site by either
filtering sediment-laden runoff or diverting the runoff to a sediment
trap or basin.
Mature ground cover to control soil erosion satisfactorily
and to survive weather conditions.
Any person to whom a permit is issued.
The administrative board or public official empowered to
grant permits under this chapter.
Any individual, firm, or corporation (public or private),
the State of New York, and its agencies or political subdivisions,
and the United States of America, its agencies and instrumentalities,
and any agent, servant, or employee of the foregoing.
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 that 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
licensed landscape architect, or other NYS Department of Environmental
Conservation (NYS DEC) endorsed individual(s). It also means someone
working under the direct supervision of the licensed professional
engineer or licensed landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
Training in the principles and practices of erosion and sediment control
means that an individual performing a site inspection has received
four hours of training, endorsed by the NYS DEC, from a Soil and Water
Conservation District, CPESC Inc. or other NYS DEC endorsed entity
in proper erosion and sediment control principles every three years.
The replenishment of underground water reserves.
Cutting vegetation to the ground or leaving it as stumpage;
complete extraction or killing by spraying.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation (would include
all phases of a single development).
Altering terrain and/or vegetation and any type of construction.
Measures that protect soil from the erosive forces of rain,
flowing water, and wind, including, but not limited to, vegetative
establishment, mulching, and the early application of gravel or stone
base on areas to be paved.
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 Pollution Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
such as tree cutting, clearing, grading, and filling; installation
of streets and walkways; excavation for basement, footings, piers,
or foundations; erection of temporary forms; and installation of accessory
buildings, such as garages.
An order issued which requires that all construction activity
on a site be stopped.
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 or officer designated by the Town of Somers to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater practices;
and under this chapter the duly appointed Town Engineer or his/her
designated representative.
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.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, and storage or removal of topsoil.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marches, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and 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.
A temporary structural span installed across a watercourse
for use by construction traffic. Structures may include, but are not
limited to, bridges, pipes, culverts, or fords.
The duly appointed Town Engineer or his/her designated representative;
and under this chapter, an employee or officer designated by the Town
of Somers to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
practices.
A grant of relief from the requirements of this chapter which
permits a person to undertake construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
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.
The period from October 15 to April 15.
A.
General applicability. The regulations established
in this provision shall apply to all construction activities of 5,000
square feet and/or all construction activities that move 50 cubic
yards or more of soil material within the Town of Somers, including
any activity not physically completed prior to the effective date
of this chapter.
B.
Grandfathered projects. The provisions of this chapter
shall not apply to any land use, improvement or development that has
been physically completed prior to the effective date of this chapter.
As used in this section, the term "physically completed" shall mean
the actual completion of construction activities related to a regulated
activity, including filling, erecting structures or other improvement
or development activities.
C.
Current projects.
(1)
A regulated activity that was approved prior to the
effective date of this chapter but which is not in conformity with
the provisions of this chapter may be continued subject to the following:
(a)
All such activities shall continue to be governed
by the present regulations of the Town of Somers.
(b)
No such activity shall be expanded, changed,
enlarged or altered in such a way that increases its size or disturbance
without compliance with this chapter.
(c)
If such activity is discontinued for 12 consecutive
months, any resumption of the activity shall conform to this chapter.
(d)
If any such use or activity is destroyed by
human activities, a force of nature or an act of God, it shall not
be resumed except in conformity with the provisions of this chapter.
(2)
Activities or adjuncts thereof that are or become
nuisances shall not be entitled to continue.
No construction activity shall be conducted, unless identified in § 93-5A as an exempt activity, without a written permit from the approval authority and full compliance with the terms of this chapter and other applicable regulations.
A.
Exempt activities. The following uses shall be permitted
as-of-right to the extent that they are not prohibited or regulated
by any other law, ordinance, or regulation and to the extent that
they do not constitute a pollution or erosion hazard:
(1)
Normal lawn maintenance.
(2)
Agriculture activity as defined in this chapter.
(3)
Routine maintenance activities that are performed
to maintain the original line and grade, hydraulic capacity or original
purpose of a facility.
(4)
Grading of land in a uniform manner or other land
disturbance activity that is less than 5,000 square feet in area.
(5)
Alteration of the exterior of a building and alteration
of a building, provided that such exterior alteration does not increase
land coverage.
(6)
Installation, renovation, or replacement of a septic
system to serve an existing dwelling or structure(s).
(7)
Any emergency activity which is immediately necessary
to the protection of life, property or natural resources.
(8)
The establishment of accessory structures, such as
the installation of an aboveground pool, shed, playset, or creation
of a garden, comprising less than 1,000 square feet in size on a residential
property.
(9)
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
(10)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(11)
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.
(12)
Landscaping and horticultural activities in connection
with an existing structure.
B.
Regulated activities subject to review of Planning
Board. The Planning Board is the approval authority for stormwater
management and erosion and sediment control applications in conjunction
with the following:
C.
Regulated activities subject to administrative permit. At the discretion of the approving authority, any development that does not fall within Subsections A and B above and proposes to disturb 5,000 square feet or more in area or the movement of 50 cubic yards or more of material requires an administrative permit subject to the requirements of this chapter.
No application for approval of a land development
activity shall be reviewed until the appropriate board had received
a stormwater pollution prevention plan (SPPP) prepared in accordance
with the specifications in this chapter.
A.
Contents of stormwater pollution prevention plans.
(1)
All SPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the
project, including the location, type and size of project.
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; area 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 different soil types with boundaries; material, waste,
borrow or equipment storage areas located on adjacent properties;
and location(s) of the stormwater discharges(s). Site map should be
at a scale no smaller than one inch equals 100 feet (e.g., one inch
equals 500 feet is smaller than one inch equals 100 feet).
(c)
Description of the soil(s) present at the site,
including an identification of the hydrologic soil group (HSG).
(d)
Construction phasing plan and sequence of operations
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 SPPP.
(e)
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.
(f)
Temporary and permanent soil stabilization plan
that meets the requirements of the most current version of the technical
standard, New York State Standards and Specifications for Erosion
and Sediment Control, for each stage of the project, including initial
land clearing and grubbing to project completion and achievement of
final stabilization.
(g)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice.
(h)
Dimensions, material specifications, installation
details, and operation and maintenance requirements for all erosion
and sediment control practices, including the siting and sizing of
any temporary sediment basins and structural practices that will be
used to divert flows from exposed soils.
(i)
Description and location of any stormwater discharges
associated with industrial activity other than construction at the
site, including, but not limited to, stormwater discharges from asphalt
plants and concrete plants located on the construction site.
(j)
A description of the minimum erosion and sediment
control practices to be installed or implemented for each construction
activity that will result in soil disturbance. Include a schedule
that identifies the timing of initial placement or implementation
of each erosion and sediment control practice and the minimum time
frames that each practice should remain in place or be implemented.
(k)
An inspection schedule for the developer or
the contractor(s) that will be responsible for installing, constructing,
repairing, inspecting and maintaining the erosion and sediment control
practices included in the SPPP to ensure continuous and effective
operation of the practices. The inspection schedule shall be in accordance
with the requirements in the most current version of the technical
standard, New York State Standards and Specifications for Erosion
and Sediment Control.
(l)
Identification of any elements of the design
that are not in conformance with the technical standard, New York
State Standards and Specifications for Erosion and Sediment Control.
Include the reason for the deviation or alternative design and provide
information which demonstrates that the deviation or alternative design
is equivalent to the technical standard.
(2)
Land development activities as defined in § 93-3 of this chapter that disturb one or more acres of land and are listed in § 93-6A(2)(a) through (w) below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) designed in conformance with the enhanced phosphorus removal standards in the New York State Stormwater Management Design Manual.
(a)
Single-family home construction;
(b)
Single-family residential subdivisions;
(c)
Multifamily residential developments, includes
townhomes, condominiums, senior housing complexes, and apartment complexes;
(d)
Airports;
(e)
Amusement parks;
(f)
Campgrounds;
(g)
Commercial developments;
(h)
Churches and other places of worship;
(i)
Construction of a barn or other agricultural
building (e.g., silo) and structural practices as identified in Table
II in the Agricultural Management Practices Catalog for Nonpoint Source
Pollution in New York State that include the construction or reconstruction
of impervious area, excluding projects that involve soil disturbances
of less than five acres;
(j)
Golf courses;
(k)
Institutional facilities, includes hospitals,
prisons, schools and colleges;
(l)
Industrial facilities, includes industrial parks;
(m)
Landfills;
(n)
Municipal facilities; includes highway garages,
transfer stations, office buildings, POTWs and water treatment plants;
(o)
Office complexes;
(p)
Sports complexes;
(q)
Racetracks, includes racetracks with earthen
(dirt) surface;
(r)
Road construction or reconstruction;
(s)
Parking lot construction or reconstruction;
(t)
Athletic fields (natural grass) that include
the construction or reconstruction of impervious area (greater than
5% of disturbed area) or alter the hydrology from predevelopment to
postdevelopment conditions;
(u)
Athletic fields with artificial turf;
(v)
Permanent access roads or parking areas surfaced
with impervious cover, and substations constructed as part of an overhead
electric transmission line project, wind power project or cell tower
project; and
(w)
All other construction activities, not listed
above, that include the construction or reconstruction of impervious
area and alter the hydrology from predevelopment to postdevelopment
conditions.
(3)
SPPP requirements for land development activities that are subject to § 93-6A(2):
(b)
Description of each postconstruction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
A detailed summary (including calculations)
of the sizing criteria that was used to design all postconstruction
stormwater management practices. At a minimum, the summary shall address
the required design criteria from the applicable chapter of the New
York State Stormwater Management Design Manual, including the identification
of and justification for any deviations from the Design Manual, and
identification of any design criteria that are not required based
on the redevelopment criteria or waiver criteria included in the Design
Manual;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
An operations and maintenance plan that includes
inspection and maintenance schedules and actions to ensure continuous
and effective operation of each postconstruction stormwater management
practice. The plan shall identify the entity that will be responsible
for the long-term operation and maintenance of each practice;
(h)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property;
B.
Plan preparation and certification. For land development activities as defined in §§ 93-3 and 93-6A(2) of this chapter, the SPPP shall be prepared by a registered landscape architect or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
C.
Other environmental permits. 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 SPPP.
D.
Contractor qualifications/certification.
(1)
Each contractor and subcontractor identified in the
SPPP who will be responsible for installing, constructing, repairing,
inspecting and maintaining the erosion and sediment control practices
included in the SPPP and the postconstruction stormwater management
practice installation must sign and date a copy of the following contractor
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; and that I, or one of my on-site staff, has received a minimum
of four hours of acceptable training in erosion and sediment control
within the last three years. 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 SPPP for the land development activity.
E.
A copy of the SPPP 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.
F.
Working in or crossing watercourses.
(1)
Construction vehicles should be kept out of watercourses
to the greatest extent possible. Where channel work is necessary,
precautions must be taken to stabilize the work area during construction
to minimize erosion. The channel (including bed and banks) must be
restabilized at the end of each day once in-channel work has begun.
Channel work is not permitted during the wet season or as may be prescribed
by the approval authority.
(2)
Where a watercourse must be crossed by construction vehicles regularly during construction, a temporary stream crossing must be provided. In the event that any work is conducted in wetlands, as the term is defined in Chapter 167 of the Code of the Town of Somers, those permit procedures shall apply.
G.
Underground utility construction.
(1)
The construction of underground utility lines involving
installation, maintenance, or repair which disturbs more than 10,000
square feet shall be subject to the following criteria:
(a)
No more than 300 feet of trench are to be opened
at one time unless approval to open a greater length is granted by
the Town Engineer.
(b)
Where consistent with safety and space considerations,
excavated material is to be placed on the uphill side of the trenches.
(c)
Trench dewatering devices shall discharge in
a manner which will not adversely affect flowing streams, drainage
systems, or off-site property.
(2)
Individual service connections, telephone, and electric
lines and underground public utility lines under streets or sidewalks
are exempt from the above requirements.
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specification
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, referred to as the Design Manual), including
the enhanced phosphorus removal standards.
(2)
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").
B.
Equivalence to technical standards. Where stormwater management practices are not designed in accordance with the technical standards referenced in § 93-7A, the applicant or developer must demonstrate equivalence to these standards and the SPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance and inspection during construction.
(1)
The 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) 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 of sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
For land development activities as defined in § 93-3 of this chapter that disturb one or more acres of land, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site logbook.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
agreement that shall be binding on all subsequent landowners served
by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Town of Somers to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Town of Somers.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practice(s) installed in accordance
with this chapter shall ensure that the practice(s) are operated and
maintained to achieve the goals of this chapter. Proper operation
and maintenance also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Somers shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of the Sample Stormwater Control Facility
Maintenance Agreement as prepared by the New York State Department
of Environmental Conservation and on file at the Town Clerk and Planning
and Engineering offices. The Town of Somers, in lieu of a maintenance
agreement, at its sole discretion, may accept dedication of any existing
or future stormwater management facility, provided such facility meets
all the requirements of this chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
A.
Application required. Except as otherwise provided
in this chapter, no person shall commence or perform any land disturbing
activity not exempted from this section, including but not limited
to grading, stripping, excavating or filling, without first obtaining
a stormwater management and erosion and sediment control permit from
the permitting authority. Application for a permit shall be made to
the approval authority on forms furnished by the Planning and Engineering
Department. When a stormwater management and an erosion and sediment
control permit is required for improvements associated with a subdivision,
site plan, wetland or steep slope application, a separate erosion
and sediment control application form is not required, however, the
required fee shall be submitted in accordance with a fee schedule
adopted by the Town Board. The approval authority shall review the
subdivision, site plan, wetland or steep slope applications using
the standards established by this chapter.
B.
Coordination with other reviews. It is the intent
of this chapter to incorporate the consideration of stormwater management,
soil erosion and sediment control into the Town's extant land use
and development approval procedures in conjunction with the procedures
of the State Environmental Quality Review Act whenever applicable.
To the maximum extent possible, the review, hearings and decision
upon any application processed under this chapter shall be coincident
with similar procedures that the approval authority may undertake
in regard to other applications that are directly related.
C.
Notice to agencies. Upon submission of a completed application, the
Planning and Engineering Department shall notify all interested agencies
required by applicable statutes, the Town Board, the Open Space Committee
and any agency so designated by resolution of the Town Board of an
opportunity to provide comment.
[Amended 5-17-2012 by L.L. No. 3-2012]
D.
Town of Somers Open Space Committee review. The Open Space Committee
shall review the Planning Board applications within 30 days of the
date of the Planning and Engineering Department's transmittal
letter and shall file a written report to the approval authority with
its recommendations concerning the application. Such report shall
evaluate the proposed operation or project in terms of the findings,
intent and standards of this chapter.
[Amended 5-17-2012 by L.L. No. 3-2012]
E.
Westchester County Soil and Water Conservation District
review. The Westchester County Soil and Water Conservation District
may be consulted for review and recommendations for all applications
for any permits involving land-disturbing activity which involves
construction on slopes in excess of 25%, excavation or fill of 20,000
cubic yards or more of material, is within 100 feet of a watercourse,
as defined herein, or within 100 feet of wetlands as classified by
the unified definition or for any applications for permits involving
any land-disturbing activities in the Town of Somers. If the Westchester
County Soil and Water Conservation District fails to make any recommendation
within 30 days upon receipt of mailing, such referral shall be deemed
to constitute no objection to the application.
F.
SEQRA compliance. An application shall not be deemed
complete until and unless the applicant has complied fully with the
procedures of the State Environmental Quality Review Act.
G.
Expiration of approval. All permits shall expire upon
completion of the acts specified and, unless otherwise indicated,
shall be valid for a period of one year from the date of issue. An
extension of an original permit may be granted upon written request
to the approval authority by the original permit holder or his/her
legal agent. The approval authority may require a new application
be filed if, in its judgment, the original intent of the permit is
altered or extended by the renewal or if the applicant has failed
to abide by the terms of the original permit in any way. The request
for renewal of a permit shall follow the same form and procedure as
the original application.
An application for a stormwater management and
an erosion and sediment control permit shall be made by the owner
of the property or his authorized agent with the Planning Board through
the Planning and Engineering Department. Each application shall include
an erosion and sediment control plan. Each application shall bear
the name(s) and address(es) of the owner or developer of the site
and of any consulting firm retained by the applicant, together with
the name of the applicant's principal contact at such firm. Furthermore,
each application shall include a certification that any land clearing,
construction or development involving the movement of earth shall
be in accordance with the plans approved by issuance of the permit.
Each application for a permit hereunder shall
be accompanied by the following information and/or items, except submittals
and/or their substantial equivalents as in the case of the administrative
permit application where required by the Town Engineer or his/her
authorized representative.
The applicant may be required to file with the
Town of Somers a stormwater management and erosion and sediment control
bond or other improvement security satisfactory to the Town Attorney
in an amount deemed sufficient by the permitting authority to cover
all costs of improvements, landscaping, maintenance of improvements,
and landscaping for such period as specified by the Town, and engineering
inspection costs to cover the cost of failure or repair of improvements
installed on the site.
Each application for a stormwater management
plan and an erosion and sediment control permit shall be reviewed
and acted upon according to the following procedures:
A.
The permitting authority will review each application
for a stormwater management plan and an erosion and sediment control
permit to determine its completeness and conformance with the provisions
of this chapter. The permitting authority, within 31 days of receipt
of the application, shall make a determination as to whether an application
is complete.
B.
Referrals. The permitting authority, upon receipt of a completed
application or upon a determination of completion, may refer the completed
application and supporting plans and documents to the Westchester
County Soil and Water Conservation District on all applications meeting
the criteria set forth in this chapter. All applications not handled
by the Town Engineer administratively may be referred to the Open
Space Committee for review and comment. The Westchester County Soil
and Conservation District or the Open Space Committee, as applicable,
shall be required to review the application within 30 days of receipt
thereof and shall file a written report with the permitting authority
with its recommendations concerning the application, including, but
not limited to, an evaluation of the completeness of the application.
Such report shall evaluate the proposed operation or project in terms
of the management objectives and principles of this chapter and shall
include the effect of such operation or project on the project area.
The permitting authority may also refer any application, where applicable,
to any other governmental or public agency within whose jurisdiction
the site is located for review and comment.
[Amended 5-17-2012 by L.L. No. 3-2012]
C.
No stormwater management and erosion and sediment
control permit shall be issued for the proposed site plan, subdivision,
wetland or steep slope site unless:
(1)
The development has been approved by the Town of Somers,
where applicable;
(2)
Such permit is accompanied by or combined with a valid
building permit issued by the Town of Somers; and
(3)
The proposed earthmoving is coordinated with any overall
development previously approved by the Town of Somers for the area
in which the site is situated.
D.
Pending preparation and approval of a revised plan,
development activities shall be allowed by the approval authority.
The permitee shall not be relieved of responsibility
for damage to persons or property otherwise imposed by law, and the
Town of Somers or its officers will not be made liable for such damage
by:
A.
The issuance of a permit under this chapter;
B.
Compliance with the provisions of that permit or with
conditions attached thereto;
C.
Failure of municipal officials to observe or recognize
hazardous or unsightly conditions;
D.
Failure of municipal officials to recommend denial
of or to deny a permit; or
E.
Exemptions from the permit requirements of this chapter.
A.
Required inspections; notification; violations.
(1)
The Town of Somers Stormwater Management Officer may
require such inspections as necessary to determine compliance with
this chapter and may either approve that portion of the work completed
or notify the applicant wherein the work fails to comply with the
requirements of this chapter and the stormwater pollution prevention
plan (SPPP), as approved. To obtain inspections, the applicant shall
notify the Town of Somers enforcement official at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
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 Stormwater
Management Officer or the Town Engineer or his/her authorized representative.
B.
Stormwater management practice inspections. The Town
of Somers Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). 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 professional engineer.
C.
Inspection of stormwater facilities after project
completion. 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
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards of 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.
D.
Submission of reports. The Town of Somers Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Somers the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 93-15C.
F.
Special precautions.
(1)
If at any stage of the grading (at any development
site), the Town Engineer or his/her authorized representative determines,
by inspection, that the nature of the site is such that further work
authorized by an existing permit is likely to imperil any property,
public way, watercourse, or drainage structure, the Stormwater Management
Officer, Town Engineer or his/her authorized representative may require
as a condition of allowing the work to be done that such reasonable
precautions be taken as are considered advisable to avoid the likelihood
of such peril. Special precautions may include, but are not limited
to, reducing the grade of exposed slope, construction of additional
drainage facilities, berms, terracing, compaction or cribbing, installation
of plant materials for erosion control, and recommendations to use
a registered engineer, CPESC individual and/or geologist, which may
make requirements for further work.
(2)
Where it appears that storm damage may result from
incomplete grading on any construction site, work may be stopped and
the permittee may be required to install temporary structures or take
such other measures as may be necessary to protect adjoining property
or public safety. On large developments or where unusual site conditions
prevail, the Town Engineer may specify the time of start for grading
and time of completion or may require that the operations be conducted
in specific stages to ensure completion of protective measures or
devices prior to the advent of seasonal rains.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town of
Somers in its approval of the stormwater pollution prevention plan,
the Town of Somers 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 of Somers as beneficiary. The security shall be in an amount
to be determined by the Town of Somers based on submission of final
design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town of Somers, 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 Town of Somers. Per annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town of Somers 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 of Somers may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Town of Somers may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
A.
Notice of violation. When the Town of Somers determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer 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 development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(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;
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
B.
Stop-work orders. The Town of Somers may issue a stop-work
order for violation of this chapter. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Somers
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 chapter.
C.
Violations. Any land development 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.
D.
Enforcement.
(1)
Civil sanctions.
(a)
Any person found violating any provision of
this chapter or conditions duly imposed pursuant thereto shall be
served by the Town Engineer or his/her authorized representative with
a written notice stating the nature of the violation and providing
a specified time within which the violation shall cease and satisfactory
corrective action taken by the violator.
(b)
Any person who is found to have violated, disobeyed
or disregarded any provision of this chapter shall be liable to the
people of the Town of Somers for a civil penalty not to exceed $10,000
for every such violation, to be assessed by the Town Court, after
a hearing or opportunity to be heard before the Town Court.
(c)
The Town Court shall have the power, following
a hearing, to direct the violator to cease violation of the chapter
and satisfactorily restore the affected area to its condition prior
to the violation or otherwise complete the terms and conditions of
the permit. The Town Court may order the use of all or part of any
performance bonds to complete, restore or otherwise improve the affected
area.
(2)
Criminal sanctions.
(a)
Any person found violating any provision of
this chapter or conditions duly imposed pursuant thereto shall, for
the first offense, be guilty of a violation punishable by a fine of
not less than $500 nor more than $1,000.
(b)
For a second and each subsequent offense, such
person shall be guilty of a misdemeanor punishable by a fine of not
less than $1,000 nor more than $2,000 or a term of imprisonment of
no more than six months, or both.
(c)
Each offense shall be a separate and distinct
offense and, in the case of a continuing offense, each day's continuance
thereof shall be deemed a separate and distinct offense.
(d)
The Town Attorney shall prosecute any person
alleged to have violated the provisions of this chapter and shall
seek equitable relief to restrain any violation or threatened violation
of its provisions.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Somers may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Town of Somers may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SPPPs, inspections or SMP
maintenance performed by the Town of Somers or performed by a third
party for the Town of Somers.
Major amendments to the site development or
the stormwater pollution prevention plan shall be submitted to the
permitting authority and shall be processed and approved or disapproved
in the same manner as the original plans. Field modifications of a
minor nature may be authorized by the permitting authority by written
authorization to the permittee. There shall be no oral authorization
amending an erosion and sediment control plan.
All erosion and sediment control permits shall
expire if the work authorized by such permit is not substantially
started within one year or is not completed by a date which shall
be specified in the permit. The permitting authority may, upon written
presentation of sufficient justification for delay made prior to the
expiration of the permit, grant a reasonable extension of time to
begin the work prescribed under the permit. An extension of an original
permit may be granted upon written request to the permitting authority
at least 30 days prior to the expiration date of the original permit.
The request for a renewal of a permit shall follow the same form and
procedure as the original application.
If in any case the provisions of this chapter
conflict with any other provisions of the Code of the Town of Somers,
the provisions which impose the more stringent requirement shall apply.
All development and improvement allowed by right
or allowed by permit shall also conform to all rules and regulations
contained in the Code of the Town of Somers and all other applicable
laws and regulations.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered or as determined by such judgment.