[HISTORY: Adopted by the Town Board of the
Town of Gates as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-7-2008 by L.L. No. 1-2008]
A.
Land disturbance activities and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of waterborne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
During the construction process, soil is the most
vulnerable to erosion by wind and water. This eroded soil endangers
water resources by reducing water quality, and causing the siltation
of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates maintenance and/or repair of sewers and ditches,
and the dredging of waterways. In addition, clearing and/or grading
during construction tends to increase soil erosion and causes the
loss of native vegetation necessary for terrestrial and aquatic habitat,
and to provide a healthy living environment for citizens of the Town
of Gates. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation. Impervious surfaces
allow less water to percolate into the soil, thereby decreasing groundwater
recharge and stream base flow. Regulation of land disturbance activities
by means of performance standards governing stormwater management
and site design will produce development compatible with the natural
functions of a particular site or an entire watershed and thereby
mitigate the adverse effects of erosion and sedimentation from development.
C.
As a result, the purpose of this article is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Town of Gates. It seeks to
meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as
amended or revised;
(2)
Require land disturbance activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities or as amended or revised;
(3)
Minimize increases in stormwater runoff from land
disturbance activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land disturbance activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminated threats to public safety.
As used in this article, the following terms
shall have the meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Town of Gates to conduct site
inspections and/or perform other municipal duties.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
A permit issued by the Town of Gates Department of Public
Works for projects involving construction activities, including clearing,
grading, excavating, soil disturbance or placement of fill, resulting
in land disturbance of an area of less than 25,000 square feet.
[Added 1-4-2016 by L.L.
No. 1-2016]
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
The most recent version of this publication which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements which show the arrangement, layout and design of
the proposed use of a single parcel of land as shown on said plan.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb greater than or equal to 25,000 square feet of land unless exempted under § 157-7C of this article. This article also applies to land disturbance activities that are less than 25,000 square feet disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 25,000 square feet, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the
applicant of the obligation and responsibility to obtain separate
coverage under the NYSDEC SPDES General Permit for Construction Activities
if required. For projects also applying for coverage under the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activity,
the applicant shall submit a copy of the stormwater pollution prevention
plan (SWPPP), a notice of intent (NOI) with a certification statement,
including the date demonstrating submission to the NYSDEC, a letter
of permission from the NYSDEC granting approval to disturb five acres
or greater of land at one time (if applicable) and any related documents
to the Town of Gates for review and approval.
B.
The requirements of this article should be considered
minimum requirements and where any provision of this article imposes
restrictions different from those imposed by any other federal, state,
or local law, rule or regulation, or other provision of law, the provisions
that are more restrictive or impose more stringent requirements shall
take precedence.
In accordance with Article 9 of the Town Law
of the State of New York, the Town of Gates' Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town, including, the protection and preservation
of the property of its inhabitants. By the same authority, the Town
of Gates' Board may include in any such law provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
The Town of Gates requires the use of technical standards
for erosion and sediment controls. These are detailed in the Town
of Gates design criteria and the New York State Department of Environmental
Conservation's Standards and Specifications for Erosion and Sediment
Control. For the design of water quality and water quantity controls
(postconstruction stormwater runoff control practices), the NYSDEC's
technical standards are detailed in the New York State Stormwater
Management Design Manual.
B.
Where stormwater management practices are not in accordance
with the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit
for land disturbance activity which would require the disturbance
of greater than equal to 25,000 square feet of land shall also include
with a submission a SWPPP that shall be reviewed and approved by the
Town of Gates prior to issuance of the final site plan approval or
a permit.
(2)
No applicant shall be granted site plan approval or
a permit which would require the disturbance of greater than equal
to 25,000 square feet of land without the review and approval of a
SWPPP by the Town of Gates.
(3)
Furthermore, prior to the issuance of a permit or
site plan approval, all projects that would result in the disturbance
of greater than or equal to 25,000 square feet of land will be required
to comply with all applicable provisions of the Local Law for Design
and Management of Postconstruction Stormwater Pollution Prevention
Measures.[1] As part of the SWPPP, the applicant shall include a signed
statement that all applicable requirements of the Local Law for Design
and Management of Postconstruction Stormwater Pollution Prevention
Measures have been met to the satisfaction of the Town of Gates.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 157-13.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 157-9 of this article.
(6)
Each application shall include a statement that any
land clearing, construction, or development involving the movement
of land shall be in accordance with the submitted SWPPP.
(7)
All land disturbance activities, as defined in § 157-2 of this article, not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Gates who shall approve the SWPPP if it complies with the requirements of this article.
B.
Review and approval of application. Where a site plan approval is required, the review and approval of the SWPPP shall be conducted as part of the site plan approval process by the Planning Board. Where no site plan is required, the review and approval of the SWPPP shall be conducted as part of the building permit approval process by the Building Inspector. See § 157-9E(5) for requirements related to the informal review of the SWPPP's for projects that have had no activity on them within the past two years.
C.
Exemptions. The following activities are exempt from
review under this article:
(1)
Any emergency activity which is immediately necessary
for the protection of public health, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity except that landing areas and
log haul roads are subject to this article.
(4)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Gates.
The Town of Gates may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town, prior to issuance of site plan approval or a permit, in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 157-11 of this article. At its discretion, the Town of Gates may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Town of Gates shall designate a Stormwater Management
Officer who shall accept and review all SWPPPs and forward such plans
to the applicable municipal board. A consultant cannot be appointed
as a Stormwater Management Officer. The Stormwater Management Officer
may review the plans; upon approval by the Town Board, engage the
services of a New York State licensed professional engineer to review
the plans, specifications and related documents at a cost not to exceed
a fee schedule established by said governing board; or accept the
certification of a licensed/certified professional that the plans
conform to the requirements of this article.
B.
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Gates and submitted to the Stormwater Management Officer designated by the Town for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 157-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Town of Gates design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town.
C.
The requirements to have a SWPPP prepared by a qualified
professional and to have the final plan signed and certified by a
New York State licensed professional engineer (PE) are not applicable
to land disturbance activities that meet technical standards and are
five acres or less occurring on a single-family residence which is
not part of a larger common plan of development or an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
D.
Minimum requirements. All SWPPPs shall provide the
following background information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project and contact information
that includes the name, address, and telephone number of all persons
having a legal interest in the property and the tax reference number
and parcel number of the subject property or properties.
(2)
Site map/construction drawing(s) for the project,
including a general location map and a one-inch-equals-fifty-feet
topographic base map of the site which extends a minimum of 100 feet
beyond the limits of the proposed development. At a minimum, the site
map should show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s), including receiving waters, streams,
ponds, culverts, ditches, and wetlands as well as drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of utilities, roads, soils types, forest cover,
and significant natural and man-made features not otherwise shown;
locations of off-site material, waste, borrow or equipment storage
areas, proposed concrete clean out basin(s) and construction entrance;
and location(s) of the stormwater discharges(s); and resources protected
under other chapters of this Code or by easements.
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation, final
grading and landscaping, and any other activity at the site that results
in soil disturbance. Sequencing shall identify the expected date on
which clearing will begin and the estimated duration of exposure of
cleared areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
(5)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on-site with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials to stormwater; and a description of spill prevention and
response measures.
(6)
A description of the temporary and permanent structural
and vegetative measures to be used for soil stabilization, runoff
control and sediment control for each stage of the project, from initial
land disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
(7)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(8)
Illustration of all necessary erosion and sediment
control measures, including the siting and sizing of any temporary
sediment basins and provide the dimensions, material specifications
and installation details for each throughout all phases of construction
and completion of development of the site. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
(9)
Identification of all temporary practices that will
be converted to permanent control measures.
(10)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place.
(11)
Identification of the parts or components of
the SWPPP that require maintenance. Furthermore, it shall also provide
a schedule of required maintenance and identify the party responsible
for such work.
(12)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
(13)
Any existing data that describes the stormwater
runoff at the site.
(14)
Assurance that all other applicable environmental
permits have been acquired for the site prior to initial land disturbance.
Copies of the applicable environmental permits shall be provided to
the Town of Gates.
(15)
Assurance that the applicant or their responsible
individual shall be on site at all times when earthwork takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices.
(16)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or stormwater management practice
installation and maintenance shall be identified in the SWPPP. All
such contractors and subcontractors shall sign a copy of the following
certification statement before undertaking any land disturbance activity
at the site: "I certify under penalty of law that I understand and
agree to comply with the terms and conditions of the SWPPP. I also
understand that it is unlawful for any person to cause or contribute
to a violation of the water quality standards." 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. The certification statement must be included in the SWPPP.
E.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to
the Town of Gates and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
There is a significant change in design, construction,
operation, or maintenance which may have a significant effect on the
potential for the discharge of pollutants to the waters of the United
States and which has not otherwise been addressed in the SWPPP; or
(b)
The SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this article. Amendments to the SWPPP may be
reviewed by the Town of Gates. A copy of the newly amended SWPPP must
be provided to the Town of Gates within five business days.
(3)
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP. The Town of Gates may request copies of signed contractor
certification statements from new contractors/subcontractors working
on the site.
(4)
Field modifications of a minor nature may be authorized
by Town of Gates by written authorization to the applicant.
(5)
SWPPP's for previously approved projects that have
had no activity on them within a two-year period are subject to an
informal review process by the Town. No development work shall be
commenced or recommenced until the satisfactory completion of the
informal review process and written authorization to proceed has been
provided by the Town of Gates.
A.
Town of Gates inspections.
(1)
The Town of Gates or designated agent, as defined in § 157-2, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town of Gates reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his/her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Town at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been
installed and stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
If any violations are found, the applicant and developer
shall be notified, in writing, of the nature of the violation and
the required corrective actions. No further earthwork shall be conducted
on the site, except for site stabilization until the violations are
corrected and approved by the Town of Gates.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a responsible individual, as defined in § 157-2 of this article, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Town of Gates within five days after the month's end.
(2)
The requirement to employ a qualified professional
to inspect and document the effectiveness of all erosion and sediment
control practices is not applicable to land disturbance activities
five acres or less occurring on a single-family residence which is
not part of a larger common plan of development or on an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
A.
Duration.
(1)
For a project that requires a NYSDEC SPDES Permit,
the SWPPP approved by the Town of Gates shall be in effect until:
(2)
For projects that do not require a NYSDEC N.O.T.,
the SWPPP is in effect until a final inspection is conducted and the
Town of Gates has issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate
and maintain all stormwater management facilities and erosion and
sediment control measures which are installed or used by the applicant
to achieve compliance with the conditions of this article. Sediment
shall be removed from sediment traps or sediment ponds whenever their
design capacity has been reduced by 50%. The land disturbance activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(2)
At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide
elevation as-builts to the Town of Gates;
(3)
Establish perennial vegetative cover to a density
of 80% over 100% of the site;
(4)
Removal of all debris and temporary erosion and sediment
control practices;
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 157-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed;
(6)
Complete any other measure deemed appropriate and
necessary by the Town of Gates to stabilize the project site.
A.
Stop-work order. The Town of Gates may issue a stop-work
order for violations of this article. Persons receiving a stop-work
order shall be required to halt all land disturbance activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Gates
confirms that the land disturbance activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this article.
B.
Notice of violation. When the Town of Gates determines
that an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner 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 development activity into compliance with this article 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.
C.
Violation and penalties. No person shall construct,
enlarge, alter, repair, or maintain any grading, excavation, or fill,
or cause the same to be done, contrary to or in violation of any terms
of this article. Violations of any provision or requirement of this
article or violation of any statement, plan, application, permit or
certification approved under the provisions of this article shall
be considered an offense punishable by a fine and/or imprisonment,
as provided for in § 55.10 of the Town Law of the State
of New York. Each day on which any violation of any of the provisions
of this article occurs shall constitute one offense and each successive
day of violation shall constitute a separate and distinct offense.
Upon conviction of any such violation, such person, partnership, or
corporation shall be punished by a fine of not more than $250 for
each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this article shall be required to bear the
expense of such restoration.
[Amended 1-4-2016 by L.L.
No. 1-2016]
D.
Withholding of certificate of occupancy. Occupation
permits may not be granted until corrections to all stormwater management
practices have been made and accepted by the Town of Gates.
The Town Board shall, by resolution, establish
fees for the administration of this article.
[Adopted 1-7-2008 by L.L. No. 2-2008]
A.
Land development projects and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of waterborne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
The purpose of this article is to establish minimum
stormwater management requirements and controls to protect and safeguard
the general health, safety, and welfare of the public residing in
the watersheds within the Town of Gates. Therefore, the Town of Gates
establishes this set of water quality and quantity policies to provide
reasonable guidance for the regulation of stormwater runoff and to,
in addition to the above, safeguard persons, protect property, prevent
damage to the environment in Town, and comply with the NYSDEC State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from Municipal Separate Storm Sewer Systems
(MS4s), for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff discharges
from land development projects and other construction activities in
order to control and minimize increases in stormwater runoff rates
and volumes, soil erosion, stream channel erosion, and nonpoint source
pollution associated with stormwater runoff is in the public interest
and will prevent threats to public health and safety.
As used in this article, the following terms
shall have the meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Town of Gates to conduct site
inspections and/or perform other municipal duties.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serve
as the official guide for stormwater management principles, methods
and practices.
A stormwater management measure located outside the subject
property boundary.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
State Pollutant Discharge Elimination System (SPDES). A nationally
approved program with permits issued in accordance with the Environmental
Conservation Law that authorizes stormwater discharges from certain
construction activities to waters of the United States.
An order issued which requires that all construction activity
on a site be stopped.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
A.
This article shall be applicable to land disturbance activities, as defined in § 157-15 of this article, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction stormwater runoff controls), as set forth in § 157-22, as applicable unless eligible for an exemption or granted a waiver by the Town of Gates in accordance with § 157-20 of this article:
(1)
Condition A: stormwater runoff from land disturbance
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land disturbance
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land disturbance
activity disturbing between 25,000 square feet and five acres of land
during the course of the project, exclusive of the construction of
single-family residences and construction activities at agricultural
properties.
(4)
Condition D: stormwater runoff from land disturbance
activity that are smaller than 25,000 square feet disturbance if such
activities are part of a larger common plan of development, even though
multiple separate and distinct land disturbance activities may take
place at different times on different schedules.
B.
All plans, documents and information required by this
article must be reviewed by the Town of Gates to ensure that established
water quality standards will be maintained during and after development
of the site and that postconstruction runoff levels are consistent
with any local and regional watershed plans.
C.
When a site development plan is submitted that qualifies as a redevelopment project, as defined in § 157-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Town of Gates. This applies to all redevelopment projects that are greater than or equal to 25,000 square feet.
D.
The following activities may be exempt from the requirements
of this article:
(1)
Any emergency activity which is immediately necessary
for the protection of life, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity except that landing areas and
log haul roads are subject to this article.
(4)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Gates.
A.
This article is not intended to interfere with, abrogate,
or annul any other local law, rule or regulation, statute, or other
provision of law. The requirements of this article should be considered
minimum requirements, and where any provision of this article imposes
restrictions different from those imposed by any other local law,
rule or regulation, or other provision of law, whichever provisions
are more restrictive or impose higher protective standards for human
health and/or the environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance
may also require additional compliance measures detailed in other
regulations and/or local laws.
In accordance with Article 9 of the Town Law
of the State of New York, the Town of Gates' Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
of Gates' Board may include in any such law provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
No person(s) shall receive any of the building, grading
or other land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Town of Gates.
B.
Unless specifically excluded by this article, any
landowner or operator desiring approval or a permit for a land disturbance
activity shall comply with all applicable provisions of this article
and shall submit all required plans, documentation and information
as required under this article to the Town of Gates for review and
approval.
C.
Unless otherwise accepted by this article, the following
items shall be submitted prior to the issuance of a permit or site
plan approval.
E.
The SWPPP and all other documents required by this
article must be reviewed by the Town of Gates to ensure that established
water quality standards will be maintained after development of the
site and that postconstruction runoff levels are consistent with any
local and regional watershed plans. Information shall be submitted
as a single, logical package, with all information bound together.
F.
Where a site plan approval is required, the review
and approval of the SWPPP shall be conducted as part of the site plan
approval process by the Planning Board. Where no site plan is required,
the review and approval of the SWPPP shall be conducted as part of
the building permit approval process by the Building Inspector.
A.
The waivers and mitigation requirements outlined below
are subject to the approval of the Town of Gates and are only applicable
to land disturbance activities that disturb less than one acre of
land and do not directly discharge to a 303(d) water body or are located
in a total maximum daily load (TMDL) watershed.
B.
All person(s) shall comply with the requirements of
this article, unless a written request is filed to waive the requirements
in part or whole for land disturbance activities that disturb less
than one acre of land. Requests to waive any requirements of this
article shall be submitted to the Town of Gates for approval.
C.
The minimum requirements for stormwater management
may be waived in whole or in part upon written request of the applicant,
provided that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development
is not likely to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management
of stormwater discharges have been established in a stormwater pollution
prevention plan that has been approved by the Town of Gates and the
implementation of the plan is required by local law. These practices
are encouraged in order to minimize the reliance on structural practices.
Credit in the form of reductions in the amount of stormwater that
must be managed can be earned through the use of nonstructural practices
that reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual, Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place, to be
designed and adequately sized to provide a level of stormwater control
that is equal to or greater than that which would be afforded by on-site
practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
(4)
The Town of Gates finds that meeting the minimum on-site
management requirements is not feasible due to the natural or existing
physical characteristics of a site.
D.
In instances where one of the conditions above applies,
the Town of Gates may grant a waiver from strict compliance with these
stormwater management provisions, as long as acceptable mitigation
measures are provided. However, to be eligible for a variance, the
applicant must demonstrate to the satisfaction of the Town of Gates
that the variance will not result in the following impacts to downstream
waterways:
E.
Furthermore, where compliance with minimum requirements
for stormwater management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures selected
by the Town of Gates. Mitigation measures may include, but are not
limited to, the following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (Dedication or easement of land, see § 157-21B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
(2)
The creation of a stormwater management facility or
other drainage improvements on previously developed properties, public
or private, that currently lack stormwater management facilities designed
and constructed in accordance with the purposes and standards of this
article;
F.
No waivers or mitigation plans will be considered
for land disturbance activity that disturbs one acre or greater of
land.
The fee in lieu of and dedication or easement
of land outlined below are subject to the approval of the Town of
Gates and are only applicable to land disturbance activities that
disturb less than one acre of land and do not directly discharge to
a 303(d) water body or are located in a total maximum daily load (TMDL)
watershed.
A.
Fee in lieu of. Where the Town of Gates waives all
or part of the minimum stormwater management requirements, or where
the waiver is based on the provision of adequate stormwater facilities
provided downstream of the proposed development, the applicant shall
be required to pay a fee in an amount as determined by the Town. All
monetary contributions shall be made to a dedicated fund for stormwater
management activities. The fee structure shall be based on the cubic
feet of storage required for stormwater management of the development
in question. All of the monetary contributions shall be made by the
applicant prior to the issuance of any permit or approval for the
development.
B.
Dedication or easement of land. In lieu of a monetary
contribution, an applicant may obtain a waiver of the required stormwater
management by entering into an agreement with the Town of Gates for
the granting of an easement or the dedication of land by the applicant,
to be used for the construction of an off-site stormwater management
facility. The agreement shall be entered into by the applicant and
the Town of Gates prior to the recording of plats or, if no record
plat is required, prior to the issuance of the permit.
A.
The applicant shall consult the Town of Gates design, criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this section and § 157-23 of this article and the SWPPP shall be prepared by a licensed/certified professional.
B.
The following design and performance criteria shall
be addressed for stormwater management at all sites:
(1)
All site designs shall establish stormwater management
practices to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development
shall not discharge untreated stormwater directly into a jurisdictional
wetland or local water body without adequate treatment. Where such
discharges are proposed, the impact of the proposal on wetland functional
values shall be assessed using a method acceptable to the Town of
Gates. In no case shall the impact on functional values be any greater
than that allowed by the Army Corp of Engineers (C.O.E) or the NYSDEC
responsible for natural resources.
(3)
An attempt shall be made to maintain annual groundwater
recharge rates, by promoting infiltration through the use of structural
and nonstructural methods. At a minimum, an attempt shall be made
for annual recharge from the postdevelopment site to mimic the annual
recharge from predevelopment site conditions.
(4)
In order to protect stream channels from degradation,
a specific channel protection criteria shall be provided as prescribed
in the Town of Gates design criteria and/or the New York State Stormwater
Management Design Manual.
(5)
Stormwater discharges to critical areas with sensitive
resources may be subject to additional performance criteria, or may
need to utilize or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities
with higher potential pollutant loadings, known as "hotspots," may
require the use of specific structural stormwater treatment practices
and pollution prevention practices.
(7)
Prior to design, applicants are required to consult
with the Town of Gates to determine if they are subject to additional
stormwater design requirements.
(8)
The calculations for determining peak flows (WQv)
as found in the New York State Stormwater Management Design Manual
shall be used for sizing all stormwater management practices.
A.
A SWPPP is required as part of the compliance with
this article. This plan must be prepared by a qualified professional
and must indicate whether stormwater will be managed on site or off
site and, if on site, the general location and type of practices and
shall also include sufficient information (e.g., maps, hydrologic
calculations, etc.) to evaluate the environmental characteristics
of the project site, the potential impacts of all proposed development
of the site, both present and future, on the water resources, and
the effectiveness and acceptability of the measures proposed for managing
stormwater generated at the project site. The plan must be signed
by a New York State licensed professional engineer (PE), who will
verify that the design of all stormwater management practices meet
the submittal requirements outlined in the New York State Stormwater
Management Design Manual. No building or grading permit or site plan
approval shall be issued until a satisfactory stormwater pollution
prevention plan, or a waiver thereof, has undergone a review and been
approved by the Town of Gates after determining that the plan or waiver
is consistent with the requirements of this article.
B.
The applicant shall employ a responsible individual, as defined in § 157-15 of this article, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Town of Gates within five business days after the month's end. The Town, at its discretion, may require submission of the weekly inspection reports. If requested, they shall be submitted within three business days after the competition of the inspection.
C.
All SWPPPs shall provide the following minimum information:
(2)
Description of each postconstruction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice. The map(s) will also clearly show proposed land use with
tabulation of the percentage of surface area to be adapted to various
uses. A written description of the site plan and justification of
proposed changes in natural conditions may also be required.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms, including calculations such as a description of the
design storm frequency, intensity and duration; time of concentration;
soil curve numbers or runoff coefficients; peak runoff rates and total
runoff volumes for each watershed area; infiltration rates, where
applicable; culvert capacities; flow velocities; data on the increase
in rate and volume of runoff for the design storms referenced in the
New York State Stormwater Management Design Manual, and documentation
of sources for all computation methods and field test results.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)
The design and planning of all stormwater management
facilities shall include detailed maintenance and repair procedures,
including a schedule to ensure their continued function. These plans
will identify the parts or components of a stormwater management facility
that need to be maintained and the equipment and skills or training
necessary. Provisions for the periodic review and evaluation of the
effectiveness of the maintenance program and the need for revisions
or additional maintenance procedures shall be included in the plan.
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 157-24 of this article for additional information.
(9)
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 157-24 of this article for additional information.
(10)
The SWPPP shall be prepared by a qualified professional
and the final plan must be signed by a New York State licensed professional
engineer who shall certify that the design of all stormwater management
practices meet the requirements in this article.
(11)
A written or graphic inventory of the natural
resources at the site and surrounding area as it exists prior to the
commencement of the project and a description of the watershed and
its relation to the project site. This description should include
a discussion of soil conditions, forest cover, topography, wetlands,
and other native vegetative areas on the site. Particular attention
should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development.
(12)
The Town of Gates may also require a concept
plan to consider the maximum development potential of a site under
existing zoning, regardless of whether the applicant presently intends
to develop the site to its maximum potential.
(13)
The applicant must present a detailed plan for
management of vegetation at the site after construction is finished,
including who will be responsible for the maintenance of vegetation
at the site and what practices will be employed to ensure that adequate
vegetative cover is preserved. This plan must be prepared by a registered
landscape architect or by the soil and water conservation district
and in compliance with landscaping specifications outlined in the
New York State Stormwater Management Design Manual.
(14)
The applicant shall assure that all other applicable
environmental permits have been acquired for the site prior to approval
of the final stormwater design plan.
A.
Maintenance easement. The applicant or owner of the
site must execute a maintenance easement agreement that shall be binding
on all subsequent owners of land served by the stormwater management
facility. The agreement shall provide for access to the facility at
reasonable times for periodic inspection by the Town of Gates or their
contractor or agent to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this article and to if necessary implement emergency
repairs to protect the health, safety and welfare of the public. The
easement dimensions shall be as directed by the Town of Gates and
the easement agreement shall be recorded in the office of the County
Clerk, with a copy provided to the Town of Gates.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
C.
Maintenance agreements.
(1)
The maintenance and proper operation of all privately
owned stormwater management facilities, including nonstructural practices,
shall be ensured through the creation of a formal and enforceable
maintenance agreement that must be approved by the Town of Gates and
recorded in the office of the County Clerk as a deed restriction on
the property prior to final plan approval. This agreement will include
any and all maintenance easements required to access and inspect the
stormwater management practices, and will outline the procedures and
schedule to be followed to perform routine maintenance as necessary
to ensure proper functioning of the stormwater management practice.
In addition, the legally binding agreement shall identify the parties
responsible for the proper maintenance of all stormwater treatment
practices and include plans for periodic inspections by the owners,
or their designated agent, to ensure proper performance of the facility.
The maintenance agreement shall be consistent with the terms and conditions
of the stormwater control facility maintenance agreement.
(2)
The Town of Gates, in lieu of a maintenance agreement,
may accept dedication of any existing or future stormwater management
facility for maintenance, 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.
D.
Requirements of maintenance agreements. All stormwater
management facilities must undergo, at the minimum, an annual inspection
to document maintenance and repair needs to ensure compliance with
the requirements of this article and accomplishment of its purposes.
These needs may include: removal of silt, litter and other debris
from all catch basins, inlets and drainage pipes, grass cutting and
vegetation removal, and necessary replacement of landscape vegetation.
Any maintenance needs found must be identified, in writing, along
with the schedule and methods to be employed to complete the maintenance.
The maintenance repairs and restoration schedule are to be approved
by the Town of Gates prior to commencing the work, and the Town shall
inspect the facility upon completion of the work. The inspection and
maintenance requirement may be increased by the Town of Gates as deemed
necessary to ensure proper functioning of the stormwater management
facility.
E.
Records of installation and maintenance activities.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs, and shall retain the records for at least
five years. These records shall be made available to the Town of Gates
during inspection of the facility and at other reasonable times upon
request.
F.
Maintenance guarantees for privately owned stormwater
facilities. Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the applicant, or
by a corporation that owns or manages a commercial or industrial facility,
the applicant, prior to construction, may be required to provide the
Town of Gates 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 Town of Gates acknowledges
compliance with all details of approved site plan. If the applicant
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Gates may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, until the Town of Gates
acknowledges compliance with all details of the approved site plan.
A.
The Town of Gates or designated agent shall make inspections
at any reasonable time for purposes of inspecting the construction
of the stormwater management facilities. Inspections may include but
are not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality
standards or the SPDES stormwater permit; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include, but are not limited to: reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition
of drainage control facilities and other stormwater management practices.
The applicant must notify the Town of Gates in advance before the
commencement of construction. If any violations are found, the property
owner shall be notified of the nature of the violation and the required
corrective actions. No added work shall proceed until any violations
are corrected and all work previously completed has received approval
by the Town of Gates.
B.
Furthermore, when any new drainage control facility
is installed on private property, or when any new connection is made
between private property and a public drainage control system or combined
sewer, the property owner shall grant to the Town of Gates the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. This includes the right to enter a
property when it has a reasonable basis to believe that a violation
of this article is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this article.
All applicants are required to submit actual
as-built plans in a format acceptable to the Town of Gates for any
stormwater management practices located on site after final construction
is completed. The plan must show the final design specifications for
all stormwater management facilities and must be certified by a New
York State licensed professional engineer. A final inspection by the
Town of Gates is required before the release of any performance securities
can occur.
All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
as-built plans. Any postconstruction alterations to the landscape
shall receive prior approval from the Town of Gates. Temporary landscape
alterations, such as those associated with utility excavations and
landscaping activities, must be restored to conditions that are consistent
with the certified as-built plans.
A.
Failure to maintain practices. If a responsible party
fails or refuses to meet the requirements of the maintenance agreement,
the Town of Gates shall notify the party responsible for maintenance
of the stormwater management facility in writing. Upon receipt of
that notice, the responsible person shall have 14 calendar days to
affect maintenance and repair of the facility in an approved manner.
After proper notice, the Town of Gates may correct a violation of
the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition, and the Town
of Gates may assess the owner(s) of the facility for the cost of repair
work and any penalties; and the cost of the work shall be a lien on
the property, or prorated against the beneficial users of the property,
and may be placed on the tax bill and collected as ordinary taxes
by the county. If the Town of Gates determines that the condition
of the stormwater management facility is a danger to public safety
or public health, then they shall have the right to make all necessary
repairs to the facility in question prior to notification of the owner.
B.
Violations. Any 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.
C.
Notice of violation. When the Town of Gates determines
that an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner 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 development activity into compliance with this article 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.
D.
Stop-work orders. Persons receiving a notice of violation
will be required to halt all construction and/or maintenance activities.
This stop-work order will be in effect until the Town of Gates confirms,
in writing, that the activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this article.
E.
Civil and criminal penalties. Violations of any provision
or requirement of this article or violation of any statement, plan,
application, permit or certification approved under the provisions
of this article shall be considered an offense punishable by a fine
and/or imprisonment, as provided for in § 55.10 of the Town
Law of the State of New York. Each day on which any violation of any
of the provisions of this article occurs shall constitute one offense
and each successive day of violation shall constitute a separate and
distinct offense. Upon conviction of any such violation, such person,
partnership, or corporation shall be punished by a fine of not more
than $250 for each offense. In addition to any other penalty authorized
by this section, any person, partnership, or corporation convicted
of violating any of the provisions of this article shall be required
to bear the expense of such restoration.
F.
Holds on occupation permits. Occupation permits may
not be granted until corrections to all stormwater management practices
have been made and accepted by the Town of Gates.
The Town Board shall, by resolution, establish
fees for the administration of this article.
