[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 11-13-2007 by L.L. No. 5-2007. Amendments noted where
applicable.]
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 habitats
for fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitats.
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
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;
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 purpose of this chapter and Chapter 140, Article XIII is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 113B-1 hereof. This chapter and Chapter 140, Article XIII seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 as amended
or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, GP-02-01, as amended or
revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Village of Harriman has
the authority to enact local laws and amend local laws for the purpose
of promoting the health, safety or general welfare of the Village
of Harriman and for the protection and enhancement of its physical
environment. The Village of Harriman Village Board may include in
any such local law provisions for the appointment of any municipal
officer, employees, or independent contractor to effectuate, administer
and enforce such local law.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
The following activities may be exempt from review under this chapter and Chapter 140, Article XIII:
C.
Routine maintenance activities (pavement repair, lawn
maintenance, cleaning of storm drainage structures and systems, etc.)
that disturb less than two acres and are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
A.
Erosion and sediment control inspection.
(1)
The Village of Harriman Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and Chapter 140, Article XIII, and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and Chapter 140, Article XIII, and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Harriman enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization until any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.
Stormwater management practice inspections. The Village
of Harriman Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans for any stormwater management
practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards 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.
E.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Harriman the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
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 Harriman in its approval of the stormwater pollution prevention
plan, the Village of Harriman shall 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 Harriman as the beneficiary. The security
shall be in an amount to be determined by the Village of Harriman
Village Engineer 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 Harriman, provided that such period shall not be
less than one year from the date of final acceptance or such other
certification that the facilities 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 Harriman. 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,
shall be required to provide the Village of Harriman 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 Harriman
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
A.
Notice of violation. When the Village of Harriman determines that a land development activity is not being carried out in accordance with the requirements of this chapter and Chapter 140, Article XIII, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
B.
Stop-work orders. The Village of Harriman may issue a stop-work order for violations of this chapter and Chapter 140, Article XIII. 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 Harriman 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 and Chapter 140, Article XIII.
D.
Penalties. Penalties shall be assessed in accordance
with § 78-19 of the Village of Harriman Village Code.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
of Harriman may take necessary corrective action, the cost of which
shall become a lien upon the property until paid. Damage to property
of others shall be considered a violation. The developer shall be
deemed financially responsible for reasonable remedies. The Stormwater
Control Officer shall have the power to compel such remedies through
stop-work orders.
The Village of Harriman may require any person
undertaking land development activities regulated by this chapter
and to related stormwater management provisions in chapters entitled
Subdivision and Zoning[1] to pay reasonable costs at prevailing rates for review
of SWPPP's, inspections, or SMP maintenance performed by the Village
of Harriman or performed by a third party for the Village of Harriman.
