A.
Applicability. This article shall be applicable to all land development and redevelopment activities as defined in § 254-4 of this chapter.
B.
Permit not required. For the purposes of this chapter, a stormwater
management and erosion and sediment control permit shall not be required
for the following activities:
[Amended 1-10-2023 by L.L. No. 2-2023]
(1)
Lawn maintenance and landscaping of existing cultivated areas, including
gardens.
(2)
Alteration to the interior of a building and alteration to the exterior
of a building, provided that such exterior alteration does not increase
land coverage by the building, pavement, walks, patio, tennis court,
swimming pool, etc., and the alteration does not involve the demolition
of a part or all of the exterior of an existing building.
(3)
Any land-disturbing activity that involves less than 500 square feet
on lots greater than 7,500 square feet, or 200 square feet on lots
7,500 square feet or less. However, any land-disturbing activity of
any area shall follow the applicable soil erosion BMPs provided by
the Village.
(4)
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources, as determined by the Village
Engineer.
(5)
Activities of the Village in regard to the permitting provisions.
(6)
Routine maintenance activities that are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
(7)
Repairs to any stormwater management practice or facility deemed
necessary by the Village Engineer or designee.
(8)
Land development or redevelopment activities for which a building
permit has been approved on or before the effective date of this chapter.
(9)
Excavation of burial plots.
(10)
The installation of fence, sign, telephone, and electric poles
and other kinds of posts or poles.
(11)
The stripping of existing lawn areas followed by the immediate
placement of sod where there are no proposed changes in grade.
Upon written request from the applicant, the
Village Engineer may grant a waiver, in writing, from any requirement
of this chapter, specifically identifying the reasons therefor, using
the following criteria:
A.
No person shall commence or carry out any land-disturbing activity in the Village of Scarsdale that involves land disturbance of more than 500 square feet on lots greater than 7,500 square feet or more than 200 square feet on lots 7,500 square feet or less without first submitting a stormwater management plan and obtaining the proper stormwater management and erosion and sediment control permit from the Village Engineer and all other necessary local, state and federal permits and thereafter complying with the requirements of this chapter. All plans shall ensure that such development or land-disturbing activity shall not result in any increased water runoff or infiltration on or into any adjoining property and shall include measures to comply with this chapter and accommodate a twenty-five-year storm on a site up to two acres and a 100-year storm on a site of two acres or greater. All approvals and permits shall comply with the requirements of this chapter. Activities that involve the disturbance of an area of one acre or more also shall comply with all applicable New York State Department of Environmental Conservation (NYSDEC) requirements. The predevelopment calculations shall be based on an unimproved land area and the post-development calculations shall include all existing and proposed improvements for properties located in an SDA. Post-development calculations for all other properties shall be based upon the proposed improvements. Any land-disturbing activity within the adjoining property buffer as defined in § 254-4, is prohibited without Planning Board approval pursuant to § 254-10.1.
[Amended 1-10-2023 by L.L. No. 2-2023]
B.
Applications for developed properties that otherwise
comply with all requirements of this chapter shall not be denied approval
on the basis of the requirement to retrofit the existing impervious
surfaces if there is no proposed increase in the amount of impervious
surface from that existing on March 24, 2009.
C.
It is the responsibility of an applicant to include
sufficient information in the stormwater management, erosion, sediment
and pollution control plan in order to evaluate the environmental
characteristics of the affected areas, the potential and predicted
impacts of the proposed activity on watercourses and the effectiveness
and acceptability of those measures proposed by the applicant for
reducing or mitigating adverse impacts.
D.
An application for a stormwater management, erosion,
and sediment control permit shall be made on forms provided by the
Village and shall include the name(s) and address of the owner, contract
vendee or developer of the site and of any consulting firm retained
by the applicant, together with the name and telephone number of the
applicant's principal contact at such firm. Each application shall
include a certification that any land clearing, construction or development
involving the movement of earth shall be in accordance with the plans
approved upon issuance of the permit. The permit shall be valid for
the same period as the associated building or other municipal permit,
or as may be specified by the Village Engineer. Where a building or
other municipal permit is not issued, the stormwater management, erosion
and sediment control permit shall expire within 180 days from the
date of issuance, unless renewed by the Village Engineer.
E.
For applications made pursuant to §§ 254-8 and 254-9, those properties located in an SDA shall retrofit to the maximum possible detention and retention for the entire site based upon calculations provided by the applicant as required under this chapter and subject to the approval of the Village Engineer, in connection with the construction of an addition to an existing structure or other land-disturbing activity so that stormwater management practices for the entire site (including retention of run-off and discharge into the public storm drain) is in full compliance with the provisions of this chapter.
A.
In addition to the requirements specified under § 254-7, each application shall be accompanied by the following and certified by a licensed/certified professional and shall include the following, unless specifically waived by the Village Engineer:
[Amended 1-10-2023 by L.L. No. 2-2023]
(1)
A vicinity map.
(2)
A stormwater management, erosion, sediment and pollution control
plan for the site showing existing and proposed drainage patterns,
existing and proposed grades, percolation rate, soil classification
on-site stormwater appurtenances, wetlands, the 100-year floodplain,
subdrainage basins and the proposed use of the site, including areas
of excavation, grading and filling. The stormwater management, erosion,
sediment and pollution control plan shall identify all adjoining property
buffer areas including topography, spot elevations, natural and all
developed features in the area.
(3)
A grading plan that is consistent with the preexisting topography
and elevations of the surrounding terrain that includes tapered slopes
back to preexisting grades within the adjoining property buffer area.
(4)
Stormwater management improvements for detention/retention and stormwater
quality, including calculations, designs and special measures regarding
safety and maintenance operations.
(5)
Proposed overflows to outlet through designed outlet control structures.
Appropriate outlet control structure discharge calculations to be
submitted to ensure a net zero increase in stormwater runoff from
the site and into the public storm drain system.
(6)
Stormwater conveyance system, including plans, designs and materials
to be used for improvements and erosion control in channel sections
of stormwater conveyance systems and erosion control measures at culvert
inlets and outfalls.
(7)
All stormwater management plans shall be designed or certified by
a New York State licensed engineer specializing in drainage, hydrological
and geotechnical sciences with expertise in soil erosion and sediment
control and shall accommodate a twenty-five-year storm for sites of
two acres or less or a 100-year storm for sites greater than two acres.
All plans shall comply with the guidelines and specifications of the
most recent editions of the New York State Stormwater Management Design
Manual and the New York Standards and Specifications for Erosion and
Sediment Control and shall include:
(8)
The predevelopment calculations shall be based on an unimproved lot
area, and the post-development calculations shall include all existing
and proposed improvements for properties located in an SDA. Post-development
calculations for all other properties shall be based upon the proposed
improvements.
(9)
Applications that involve retrofitting shall submit plans that accommodate
storm intensities of 25 years, 10 years and two years.
In addition to the requirements specified under § 254-7, each application shall be accompanied with plans certified by a licensed engineer specializing in drainage and hydrological and geotechnical sciences, unless specifically waived by the Village Engineer based on the scope of the project:
A.
A map showing the FEMA floodplain, NYS and Village
wetlands and local critical sub-drainage basin and any abutting drainage
basins.
B.
A vicinity map in sufficient detail to easily locate
the site for which the permit is sought, including the boundary lines
and approximate acreage for the site, the existing zoning, the date
of the plan (to include the date of any revisions), North point, scale
and legend.
C.
A stormwater management, erosion, sediment and pollution control
plan to accommodate a twenty-five-year storm for sites of two acres
or less and a 100-year storm for sites greater than two acres. The
plan shall include:
[Amended 1-10-2023 by L.L. No. 2-2023]
(1)
Existing topography of the site and adjacent land clearly portraying
the drainage patterns of the area, including ditches, culverts, permanent
or intermittent streams, wetlands or other water bodies, existing
roads and size of existing culverts.
(2)
The location of existing buildings, structures, utilities, water
bodies, floodplains, drainage facilities, vegetative cover, the size
and species of trees with a trunk diameter of four inches or more
at a point 4 1/2 feet above ground level, paved areas, watershed
divides, and other significant natural or man-made features on the
site, and adjacent land within approximately 50 feet of the boundary.
(3)
An analysis of site limitations and development constraints, including
such factors as slope, soil type and erodibility, depth to bedrock,
depth to seasonal high water, soil percolation, etc., in order to
determine site suitability for proposed stormwater and erosion control
facilities regarding the proposed development. Deep test pits and
soil percolation to be conducted under the supervision of the licensed/certified
professional and observed by the Village of Scarsdale Engineering
or Building Department.
(4)
Wetlands boundaries and designated 100-year floodplain boundaries,
including 100-year flood elevations and floodways where applicable.
Such elevations should be based on the North American Vertical Datum
of 1988. The plan shall also indicate the size of culverts downstream
of the project, and existing easements for storm drains, sewers and
other utilities.
(5)
The proposed use of the site, illustrating existing conditions and
proposed development; areas of excavation, grading and filling; proposed
contours, final grades and street profiles; provisions for stormwater
management, including control of accelerated runoff, with a drainage
area map and computations; kinds and locations of utilities; and areas
and square feet proposed to be paved, covered, sodded or seeded, vegetatively
stabilized, or left undisturbed.
(6)
The means and methods of preserving and protecting the adjoining
property buffer area during construction.
(7)
Proposed overflows to the Village's storm drain system shall outlet
through designed outlet control structures. Appropriate outlet control
structure discharge calculations shall be submitted to ensure a net
zero increase in stormwater runoff from the site and into the public
storm drain system.
D.
Comparison of predevelopment with post-development
runoff, including:
(1)
A description of the methodology used to compare and
evaluate predevelopment with post-development runoff conditions in
terms of volumes, peak rates of runoff, routing and hydrographs.
(2)
Calculation of peak discharge rates and total runoff
volumes from the project area for existing site conditions and post-development
conditions. The relevant variables used in this determination, such
as the curve number and time of concentration, shall be included.
Downstream analysis, including peak discharge rates, total runoff
volumes and evaluation of impacts to receiving water and/or wetlands,
shall be evaluated. Storage volume and surface area requirements shall
be calculated. Discharge provisions for the proposed control measures,
including peak discharge rates, outlet design, discharge capacity
for each stage, outlet channel design and a description of the point
of discharge, shall be provided.
(3)
The predevelopment calculations shall be based on
an unimproved lot area and the post-development calculations shall
include all existing and proposed improvements for properties located
in an SDA. Post-development calculations for all other properties
shall be based upon the proposed improvements.
(4)
A description of the methodology used to compare and
evaluate predevelopment with post-development pollutant loading. Contaminants
to be compared include, when applicable, total suspended solids, total
phosphorus, total nitrogen and biological oxygen demand and thermal
pollution. Pollutant loading coefficients may be used. Water quality
treatment improvements should be designed to meet the above specified
stormwater management practice(s); compare pollutant loading between
before and after conditions, with computations.
(5)
Calculation of the necessary storage volumes and the
proposed stormwater management measure(s) described in detail, providing
sufficient detail of the water quality control measures to ensure
that the relevant design criteria will be met. Such detail may include
surface area dimensions, depths, inlet designs, planting specifications
for use of aquatic vegetation, percent solids removal expected, discharge
rates and outlet design.
(6)
Assumptions and coefficient values used in the hydrologic
calculations for making the above comparisons; evaluate the post-development
effect of stormwater runoff in SDAs.
E.
A stormwater management improvement plan, including:
(1)
A narrative of all proposed stormwater management
improvements. A soil profile to at least five feet below the stormwater
management improvements shall be provided.
(2)
Designs of proposed stormwater management improvements
for peak flow attenuation and water quality management and an indication
of which improvements will be used to attenuate peak flows, which
will be used to enhance stormwater runoff quality and which improvements
will serve a dual role; identification of the materials to be used
in constructing these improvements.
(3)
Calculations for sizing stormwater improvements shall
be provided.
(4)
Designs and calculations for siting and sizing such
specialized measures and devices as filter strips, water quality inlets
(oil/grit separator), forebays, etc., which will be used to remove
sediment, oil-based products and other contaminants found in urban
runoff.
(5)
Evaluation of the amount of treatment or level of
pollutant reduction that can be expected from the proposed stormwater
management improvement(s). Contaminants to be considered in this evaluation,
when determined appropriate by the Village Engineer, include total
suspended solids (TSS), total phosphorus (P), total nitrogen (N),
biological oxygen demand (BOD) and thermal pollution. Evaluation of
the effectiveness of stormwater management practices can be based
on reports on the effectiveness of comparable stormwater improvements
on similar sites.
(6)
Information on the design provisions that address
safety considerations (e.g., gentle slopes and benches in ponds or
streambanks) and accommodate maintenance needs (including access to
conduct maintenance operations).
F.
A stormwater conveyance system plan, including:
(1)
A narrative of the stormwater conveyance (drainage)
system indicating which segments of the drainage system are open channels
and which segments are piped (culverts) and which provide a rationale
and justification for installing piped segments.
(2)
Plan view and cross-sectional designs of stormwater
conveyance systems with hydrologic calculations for siting and sizing
the stormwater conveyance system. The plan shall also identify materials
to be used.
(3)
Plans and designs identifying materials to be used
for preventing erosion in channel sections of stormwater conveyance
systems and erosion control measures at culvert inlets and outfalls.
G.
The above plans shall be designed or certified by
a New York State licensed engineer specializing in drainage and hydrological
and geotechnical sciences. Properties two acres or greater shall design
to accommodate storm intensities of 100 years, 50 years, 25 years,
10 years, and two years For all properties less than two acres, the
design shall be for a twenty-five-year, ten-year and two-year storm.
All plans shall comply with the guidelines and specifications of the
most recent editions of the New York State Stormwater Management Design
Manual and the New York Standards and Specifications for Erosion and
Sediment Control and include:
(1)
Temporary erosion and sediment control measures to
be used during land clearing, land grading and the construction phases,
including:
(a)
Temporary structural and vegetative measures
to be used to control erosion and sedimentation.
(b)
Plans showing the location of temporary vegetative
and structural erosion and sediment control measures.
(c)
Dimensional details of proposed erosion and
sediment control measures identifying materials to be used in developing
these measures with calculations used in siting and sizing sediment
basins.
(d)
Temporary erosion and sediment control measures
to be converted to permanent stormwater management measures.
(e)
An implementation schedule for the staging of
temporary erosion and sediment control measures.
(f)
A maintenance schedule for soil erosion and
sediment control measures.
(2)
Permanent erosion and sediment control improvements,
including:
(a)
Permanent structural and vegetative practices
to be used to provide long-term control of erosion and sedimentation
when construction activities are completed and the project site is
restored.
(b)
A plan showing the location of permanent erosion
control improvements, including both structural and vegetative.
(c)
An implementation schedule for restoring the
project site with permanent erosion and sediment control improvements.
(3)
An implementation schedule and maintenance, including:
(a)
An implementation schedule for the staging of
all stormwater management improvements, coordinating the staging of
erosion and sediment control facilities and construction activities.
(b)
A description of the arrangements, including
deed restrictions, if applicable, that will be made for ensuring long-term
maintenance of stormwater management and erosion control improvements
with contingency plans identifying responsible parties for performing
maintenance and the frequency of maintenance.
(c)
Property owners of stormwater management systems
constructed after March 24, 2009, shall submit to the Village Engineer
certification from a licensed/certified professional, at five-year
intervals, certifying that the stormwater management system is operating
as provided in the approved design.
[Amended 1-10-2023 by L.L. No. 2-2023]
A.
The Village Engineer or designee shall review the
plan for compliance with the requirements of this chapter. A stormwater
management permit shall not be issued unless all aspects of an application
and submitted plan are in full compliance with all requirements of
this chapter. The applicant shall promptly correct any portion of
the plan that does not comply.
B.
Compliance required; site inspections.
(1)
Prior to the issuance of a permit, the Village Engineer
or designee may conduct random site inspections to ensure that all
provisions of this chapter and aspects of any approved application
are complied with.
(2)
The party responsible for the land development or
redevelopment activity, or his or her representative, 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 code. Sediment shall be removed from sediment traps
or sediment ponds.
(3)
For land development or redevelopment activities defined in § 254-4 of this chapter and subject to the requirements set forth in §§ 254-8 and 254-9 of this chapter, or as determined by the Village Engineer, the applicant shall have a licensed/certified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(4)
The applicant, developer or his or her representative(s)
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.
C.
Right to inspect.
(1)
Prior to the issuance of a certificate of occupancy required under Chapter 132 of this code, property owners of stormwater management facilities that need to be maintained by the property owner or developer shall provide access to the Village. Access to the facility must be provided at reasonable times for periodic inspection by the Village to ensure that the facility is maintained in accordance with BMPs and that it performs to meet the approved and certified design standards.
(2)
The applicant, developer, property owner or party responsible for the ongoing maintenance of permanent stormwater management facilities installed and approved shall ensure that said facilities are operated and maintained in accordance with BMPs and performs at the design standards certified by a licensed/certified professional and approved by the Village Engineer under terms of this chapter. The responsible party may be required to provide a performance bond or other security instrument pursuant to § 254-11 of this chapter guaranteeing the operation and maintenance of any facilities installed. The Village, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that such facility meets all the requirements of this chapter and includes adequate perpetual access and sufficient area, by easement or otherwise, for maintenance.
D.
The Village may require erosion and sediment control
inspections as necessary to determine compliance with this Code and
may approve a portion of the work completed, or notify the applicant
wherein the work fails to comply with the requirements of this Code
chapter. 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 all violations are corrected and all
work previously completed has received approval.
E.
Inspections shall be conducted as frequently as necessary
as determined by the Village Engineer, including, but not limited
to, routine or random inspections or inspections based upon complaints
or other notice of possible violation; inspection of drainage basins
or areas identified as higher-than-typical sources of sediment or
other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher-than-usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than
the typical discharge to cause violations of state or federal water
or sediment quality standards of the NYSDEC SPDES general 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. Typically, inspections
include the following:
(1)
An initial inspection prior to plan approval.
(2)
An erosion and sediment control inspection to ensure
that erosion and sediment control practices are in accord with the
approved plan.
(3)
An inspection prior to backfilling any underground
drainage or stormwater conveyance structures.
(4)
A final inspection when all work, including construction
of stormwater management facilities and permanent soil stabilization,
has been completed.
F.
The Village maintains the right to enter a property
at any time, if necessary, without notice when a new stormwater management
facility is installed on private property or when any new connection
is made between private property and the public storm sewer system.
The Village will endeavor to enter all properties at reasonable times
and in a reasonable manner for the purpose of inspection as specified
above.
G.
No building permit may be issued until a stormwater
management and erosion and sediment control permit has been issued
for those activities controlled under this chapter.
H.
Activities that involve the disturbance of one acre
or more shall comply with all applicable New York State Department
of Environmental Conservation (NYSDEC) requirements.
[Added 1-10-2023 by L.L. No. 2-2023]
A.
Whenever any land-disturbing activity within the adjoining property buffer area, as defined in § 254-4, is proposed, a site plan shall be submitted to the Planning Board pursuant to this section. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
B.
A written application shall be submitted to the Planning Board, together
with maps and plans, prepared by and bearing the seal of a land surveyor
or professional engineer licensed to practice in the State of New
York. An application for approval of a site plan pursuant to this
section shall be submitted with eight copies and shall contain the
following information:
(1)
A written statement describing the land-disturbing activity.
(2)
The adjoining property buffer area.
(3)
The area to be excavated or graded.
(4)
A narrative describing the amount of soil to be excavated from
the adjoining property buffer area and where the soil will be disposed.
(5)
Existing and proposed drainage on the premises.
(6)
Existing state or federally regulated wetlands, rivers, streams
or watercourses on or adjacent to the premises.
(7)
Adjoining properties and streets.
(8)
Existing and proposed contours showing elevations based on Scarsdale
datum, at intervals of not more than two feet.
(9)
The size and species of trees with a trunk diameter of four
inches or more at breast height.
(10)
Such other information as the Planning Board may require.
C.
A public hearing shall be held by the Planning Board on the site
plan application.
(1)
Public notice of any such hearing shall be published by the
Clerk in the official newspaper of the Village of Scarsdale at least
once and at least five days preceding the date of the hearing.
[Amended 3-26-2024 by L.L. No. 5-2024]
(2)
Applicant to mail public notice of the hearing to proximate
property owners. Each applicant seeking approval of a site plan pursuant
this section shall serve the public notice setting forth the location
of the property, the nature of the application and the time and place
of the hearing upon all owners of property, any part of which is within
200 feet of any point on the boundary of the lot, or lots, involved
in the application. As an exception, for properties larger than 15
acres in area, notice shall be sent to all owners of property within
200 feet of the activity covered by the application. Such notice shall
be served by certified mail not less than 10 days, or by personal
service not less than seven days, prior to the date of the hearing
thereon. If service has been effected by mail, a receipt from the
post office of such mailing shall constitute proof. Each such notice
shall be in a form as prescribed by the Board.
(3)
Further notice shall not be required in the event of a continuance
unless the Board shall direct the giving of such notice.
(4)
At least two days prior to the hearing, the applicant shall
file with the Clerk proof, in affidavit form, that such required notice
in satisfactory form and substance has been served.
D.
In the case of each application for land-disturbing activity within
the adjoining property buffer area on any lot in a Residence A District,
in considering whether to approve, approve with conditions, or disapprove
the application the Planning Board shall consider:
(1)
Whether the proposed land-disturbing activity will aggravate
drainage conditions, soil erosion, or lead to significant adverse
runoff patterns on the subject property and/or across property lines.
(2)
Whether there is a unique physical or environmental condition
that necessitates activities within the adjoining property buffer.
(3)
Whether the proposed activity within the adjoining property
buffer will create an undesirable change in the character of the neighborhood
or will be a detriment to nearby properties.
(4)
Whether the size and location of the proposed activities are
appropriate for the natural and built of the property.
(5)
Whether there is some alternative method to achieve the same
benefit other than disturbing, altering or developing within adjoining
property buffer.
(6)
Whether the extent of regrading or alteration of preexisting
terrain is necessary and unavoidable.
(7)
Whether there are adequate sediment and erosion control measures
proposed.
(8)
Whether the proposed action is for construction staging purposes
and is temporary in nature and poses no detriment to nearby properties.
(9)
Whether there will be significant adverse impacts to trees and
vegetation in the adjoining property buffer area or surrounding areas.
A.
In order to ensure full and faithful completion of
all construction activities related to compliance with all conditions
of the approved stormwater management, erosion, sediment and pollution
control plan, a cash deposit shall be required from the applicant
prior to issuance of a permit. Said cash deposit or some alternative
source of security acceptable to the Village Attorney shall be sufficient
to cover the full cost, as estimated by the Village Engineer, of all
construction and improvements specified and approved in the stormwater
management, erosion, sediment and pollution control plan and related
permit. Deposits or other security shall be refunded at the completion
of the project after a satisfactory final inspection and approval
by the Village Engineer or his/her designee and the issuance of a
certificate of occupancy from the Building Department. No deposit
or security posted shall be returned until the project has received
a certificate of occupancy from the Building Department.
B.
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by a developer/owner or responsible legal entity, the Village may require a maintenance bond or other surety prior to the issuance of a permit. Such maintenance bond or other surety, as approved by the Village Attorney, shall be sufficient to cover the costs, as estimated by the Village Engineer, of proper maintenance of the facilities for five years after completion of a final inspection in accordance with § 254-10, Plan review and inspections. After this five-year period, the developer/owner or responsible legal entity shall file an affidavit with the Village Engineer attesting to maintenance in perpetuity.
