[HISTORY: Adopted by the Board of Trustees
of the Village of New York Mills 5-8-2007 by L.L. No. 4-2007.
Amendments noted where applicable.]
The intent of this chapter is as follows:
A.
To 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;
B.
To 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;
C.
To minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
D.
To minimize the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable; and
E.
To reduce stormwater runoff rates and volumes, soil
erosion and nonpoint source pollution wherever possible through stormwater
management practices and to ensure these management practices are
properly maintained and eliminate threats to public safety.
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 habitat;
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
base flow;
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; and
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.
The definitions set forth in the Zoning Law of the Village of New York Mills (Chapter 200) are incorporated by reference herein for application in this chapter.
No application for approval of a land development
activity shall be considered until the Village Planning Board has
received a Stormwater Pollution Prevention Plan (SWPPP) prepared in
accordance with the NYS SPDES General Permit for Construction Activities
GP-02-01 and the specifications in this chapter.
The following activities may be exempt from
review under this chapter:
A.
Agricultural activity.
B.
Logging activity undertaken pursuant to an approved
timber management plan prepared or approved by the County Soil and
Water Conservation District or the New York State Department of Environmental
Conservation, except that landing areas and log haul roads are subject
to this chapter.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a stormwater management
facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Village Engineer.
E.
Cemetery graves.
F.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
G.
Emergency activity immediately necessary to protect
life, property or natural resources.
H.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his or her family.
I.
Landscaping and horticultural activities in connection
with an existing structure.
A.
In accordance with the NYS SPDES General Permit for
Construction Activities GP-02-01 and the specifications in this chapter,
stormwater pollution prevention plans (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;
(2)
Site map/construction drawing(s) for the project,
including a general location map, at a scale no smaller than one inch
equals 100 feet. At a minimum, the site map should show the total
site area; all improvements; areas of disturbance; areas that will
not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharge(s);
(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 and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution-prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project close-out;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion- and sediment-control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion- and sediment-control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable; and
(16)
Any existing data that describes the stormwater
runoff at the site.
B.
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 170-6C below as applicable:
(1)
Condition A. Stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition B. Stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C. Stormwater runoff from construction activity
disturbing between one 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.
C.
SWPPP content requirements for Conditions A, B and
C:
(2)
Description of each post-construction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction stormwater management
practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(6)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater management practice;
(8)
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;
D.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
A.
The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by a the professional preparing the plan.
B.
The professional shall certify that the design of
all stormwater management practices meets the requirements in the
NYS SPDES General Permit for Construction Activities GP-02-01 and
this chapter.
A.
Each contractor and subcontractor who will be involved
in soil disturbance and/or stormwater management practice installation
shall sign and date a copy of the following certification statement
before undertaking any land development activity:
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"I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the Stormwater
Pollution Prevention Plan. I also understand that it is unlawful for
any person to cause or contribute to a violation of water quality
standards."
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B.
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
C.
The certification statement(s) shall become part of
the SWPPP for the land development activity.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual);
(2)
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most current version or its successor,
hereafter referred to as the Erosion Control Manual).
A.
Maintenance 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 or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the site logbook and also copied to the Village Engineer.
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
easement 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 NYS Department of Environmental Conservation and/or a designated
representative of the Village of New York Mills 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 review by the counsel for the Village of New York Mills
and acceptance by the Village Board.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall be operated and maintained to achieve the
goals of this chapter. At a minimum, proper operation and maintenance
includes 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 Village of New York Mills
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.
The maintenance agreement shall be consistent with the terms and conditions
of Appendix A of this chapter entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1] The Village of New York Mills, 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.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Inspection during construction.
(1)
The Village of New York Mills Planning Board or a
designated agent may choose to require such inspections as necessary
to determine compliance with the stormwater management provisions
of this chapter. Following any such inspection, the Village Engineer
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 (SWPPP)
as approved. So that the Village may determine the need for an inspection,
the applicant shall notify the Village Engineer at least 48 hours
before any of the following:
(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 Village Engineer.
B.
"As-built" filing requirements. All applicants are
required to submit to the Village Planning Board (or its designated
agent) "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.
(1)
Inspection programs may be established on any reasonable
basis after construction. The Village of New York Mills may choose
to conduct: 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 SPDES stormwater permit; and joint inspections
with other agencies inspecting under environmental or safety laws.
(2)
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.
(3)
Such inspections may be performed by officials of
the Village of New York Mills or the Village may designate an inspector
who will be required to have a professional engineer's (PE) license
or certified professional in erosion and sediment control (CPESC)
certificate. The designated inspector shall be required to prepare
and submit an inspection report to the Village Clerk.
D.
Submission of monitoring reports. The Village of New
York Mills Village Engineer may require monitoring and reporting from
entities or applicants 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 storm water system, the landowner shall grant to the Village of New York Mills the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 170-11C.
The Village of New York Mills may require any
person undertaking land development activities regulated by this chapter
to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by the Village of New York
Mills or performed by a third party for the Village of New York Mills.
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 Village
of New York Mills in its approval of land development activities,
the Village of New York Mills 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 Village of New York Mills as the beneficiary. The security
shall be in an amount to be determined by the Village of New York
Mills based on submission of final design plans, with reference to
actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the Village of New York Mills, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Village of New York Mills. 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 Village of New York Mills with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village of New York
Mills may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of New York Mills may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Violation. It shall be unlawful for any person to
violate any provision or fail to comply with any of the requirements
of this chapter.
B.
Notice of violation. When a landowner, developer or
applicant has violated or failed to meet a requirement of this chapter,
the Village may order compliance by written notice of violation to
the responsible party. 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; and
(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.
Appeal of notice of violation. Any person receiving
a notice of violation may appeal the notice of violation to the Village
of New York Mills Board of Trustees within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the
appeal and, within five days of making its decision, file its decision
in the office of the municipal clerk and mail a copy of its decision
by certified mail to all parties.
A.
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 Village
of New York Mills may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
B.
Stop-work orders. The Village of New York Mills may
issue a stop-work order for violations 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
Village of New York Mills 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 deemed a public nuisance. In addition to
the enforcement processes and penalties provided, any condition caused
or permitted to exist in violation of any of the provisions of this
chapter is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored
at the violator's expense, and/or a civil action to abate, enjoin,
or otherwise compel the cessation of such nuisance may be taken.
D.
Injunctive relief. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this chapter. If a person has violated or continues to violate
the provisions of this chapter, the Village may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
E.
Remedies not exclusive. The remedies listed in this
chapter are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion
of the authorized enforcement agency to seek cumulative remedies.
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
