As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
CLEARING
Any activity that removes the vegetative surface cover.
DESIGNATED AGENT
The individual(s) directed by the Town of Sweden to conduct
site inspections and/or perform other municipal duties.
EARTHWORK
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
FINAL STABILIZATION
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.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
LAND DISTURBANCE ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 43,560 square feet (one acre), or activities
disturbing less than 43,560 square feet (one acre) 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.
[Amended 1-27-2015 by L.L. No. 1-2015]
LICENSED/CERTIFIED PROFESSIONAL
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).
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
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.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
QUALIFIED PROFESSIONAL OR QUALIFIED INSPECTOR
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.
[Amended 1-27-2015 by L.L. No. 1-2015]
RESPONSIBLE INDIVIDUAL OR TRAINED CONTRACTOR
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.
[Amended 1-27-2015 by L.L. No. 1-2015]
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE PLAN APPROVAL
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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
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.
STORMWATER RUNOFF
The flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
WATERWAY
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
[Amended 1-27-2015 by L.L. No. 1-2015]
This article shall be applicable to all land disturbance activities that will disturb greater than or equal to 43,560 square feet (one acre) of land unless exempted under §
157-7C of this article. The ordinance also applies to land disturbance activities that are greater than 43,560 square feet (one acre) of disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to 43,560 square feet (one acre), even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with the Sweden Town Code, the
Town of Sweden Board has the authority to enact laws for the purpose
of promoting the health, safety, or general welfare of the Town of
Sweden, including the protection and preservation of the property
of its inhabitants. By the same authority, the Town of Sweden Board
may include in any such law provisions for the appointment of any
municipal employees to effectuate and administer such law.
The Town of Sweden requires the use of technical
standards for erosion and sediment controls. These are detailed in
the Town of Sweden's Land Use Development and Subdivision Regulations
and Public Works Requirements and Specifications 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 (post-construction stormwater runoff control
practices), the NYSDEC's technical standards are detailed in the New
York State Stormwater Management Design Manual. 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.
The Town of Sweden may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Sweden 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 Sweden may allow for a partial release of the financial guarantee based on the completion of various development stages.
In addition to applicable fees adopted by the Town of Sweden Rules and Regulations for Building Control Fees (Revised January 2, 2008), fees for construction site stormwater compliance inspection shall be charged per occurrence on a personnel time basis. Personnel time shall include, but not be limited to, any Town of Sweden personnel and additionally any professional consultants (including engineering and legal) as designated or requested by the Town of Sweden. The Town of Sweden reserves the right to require developers to submit and establish financial guarantees for the purpose of construction site stormwater inspection in addition to those financial guarantees as outlined in §
157-8 of this article. No issuance of a final certificate of occupancy will be generated, nor acceptance of any designated facilities, until such time as the developer has satisfied all fees, including inspection fees.