[Added 12-17-2007 by L.L. No. 5-2007]
A. Findings. It is hereby determined that:
(1)
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.
(2)
This stormwater runoff contributes to increased quantities of
waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
(3)
Clearing and grading during construction tends to increase soil
erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater
runoff from land development activities.
(8)
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.
(9)
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.
B. Purpose. 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 within this jurisdiction and to address the findings of fact in Subsection
A of this section. This article seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the New
York State Department of Environmental Conservation State Pollutant
Discharge Elimination System (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 development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, Permit No. GP-02-01 or as amended or
revised;
(3)
Minimize increases in stormwater runoff from land development
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 development 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 ensure that these management practices are properly
maintained and eliminate threats to public safety.
A. Applicability. This article shall be applicable to all land development
activities.
B. Exemptions. The following activities shall be exempt from review
under this article:
(2)
Silvicultural activity except that landing areas and log haul
roads are subject to this article.
(3)
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.
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(5)
Any part of a subdivision if a plat for the subdivision has
been approved by the Town of Grand Island on or before the effective
date of this article.
(6)
Land development activities for which a building permit has
been approved on or before the effective date of this article.
(8)
Installation of fence, sign, telephone, and electric poles and
other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect life, property
or natural resources.
(10)
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.
(11)
Landscaping and horticultural activities in connection with
an existing structure.
C. Conflict. Where the conditions imposed by any provisions of this
article are either more restrictive or less restrictive than comparable
conditions imposed by any other applicable law, ordinance, resolution,
rule or regulation of any kind, the regulations which are more restrictive
and impose higher standards or requirements shall govern.
A. The Town shall designate an SMO who shall accept and review all SWPPPs.
The SMO may:
(2)
Upon approval by the Town Board, engage the services of a registered
professional engineer to review the plans, specifications and related
documents at a cost not to exceed a fee schedule established by the
Town Board; or
(3)
Accept the certification of a licensed professional that the
plans conform to the requirements of this article.
B. All land development activities subject to review and approval by
the Planning Board, Town Board, Town Engineer, or Conservation Advisory
Board of the Town of Grand Island under subdivision, site plan, and/or
planned development regulations shall be reviewed subject to the standards
contained in this article. Within 30 days of receipt of a SWPPP, the
SMO shall forward the SWPPP, together with his or her written recommendation
to approve, approve with modifications, or disapprove the SWPPP, to
such agency, committee, employee, or board of the Town of Grand Island
which may be reviewing any application for a land development activity
requiring submission of a SWPPP. Approval shall only be given if the
SWPPP meets the requirements of this article. In making a recommendation
to approve with modifications or disapprove the SWPPP, the SMO shall
state the reasons for the decision in writing.
[Amended 1-21-2014 by L.L. No. 5-2014]
C. All land development activities not subject to review as stated in Subsection
B of this section above shall be required to submit a SWPPP to the SMO. Within 30 days of receipt of a SWPPP, the SMO shall approve, conditionally approve, or disapprove the SWPPP. Approval shall only be given if the SWPPP meets the requirements of this article. In conditionally approving or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant must revise a conditionally approved or disapproved SWPPP in accordance with the recommendations of the SMO and submit the revised SWPPP to the SMO for review.
A. Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed and
no land development activity shall be commenced until the SMO or such
agency, committee, employee, or board of the Town of Grand Island
which may be reviewing any application for a land development activity
requiring submission of a SWPPP has received a SWPPP prepared in accordance
with the specifications in this article.
B. Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale of no smaller
than one inch to 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 land development activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(d)
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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
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;
(f)
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;
(g)
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 closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
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;
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
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
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
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 Subsection
B(3) of this section as applicable:
(a)
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.
(b)
Condition B: Stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development activity
disturbing between one acre 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.
(3)
SWPPP requirements for Condition A, B or C (post-construction
stormwater runoff controls):
(a)
All information in Subsection
B(1) of this section;
(b)
Description of each post-construction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)
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;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §
407-200 of this article; and
(j)
For Condition A only, the SWPPP shall be prepared by a licensed
professional and must be signed by the professional preparing the
plan, who shall certify that the design of all stormwater management
practices meets the requirements in this article.
C. Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
D. Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP 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:
"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."
(2)
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.
(3)
The certification statement(s) shall be included with and become
part of the SWPPP for the land development activity.
E. 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.
All land development activities shall be subject to the following
performance and design criteria:
A. Technical standards. For the purpose of this article, 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 article:
(2)
The Erosion Control Manual.
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards set forth in Subsection
A, the applicant or developer must demonstrate equivalence to such technical standards and the SWPPP shall be prepared by a licensed professional.
C. Water quality standards. Any land development 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.
A. Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
or their 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 article. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
For land development activities meeting Condition A, B or C in §
407-198B(2) of this article, the applicant shall have a qualified 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 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)
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.
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 Town of
Grand Island to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town of Grand Island.
C. 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.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §
407-199 of this article.
D. Maintenance agreements. The Town of Grand Island 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 prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of Schedule V of this article entitled Sample
Stormwater Control Facility Maintenance Agreement. The Town of Grand Island, 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 article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
A. Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary to determine
compliance with this article 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 article and the SWPPP as approved.
To obtain inspections, the applicant shall notify the SMO at least
48 hours before any of the following, as required by the SMO:
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; or
[8]
Successful establishment of landscaping in public areas.
(b)
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 SMO.
(2)
Stormwater management practice inspections. The SMO is responsible
for conducting inspections of SMPs. All applicants are required to
submit as-built plans for any SMPs 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.
(3)
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.
(4)
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this article as are necessary to determine
compliance with this article.
(5)
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 Town of Grand Island the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection
A(3) of this section.
B. Performance guarantee.
(1)
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 Town of Grand Island
in its approval of the SWPPP, the Town of Grand Island 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 Town of Grand Island as the beneficiary.
The security shall be in an amount to be determined by the Town of
Grand Island 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 Town of Grand Island, 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 Town of Grand Island. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
(2)
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 Town of Grand Island 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 Town of Grand Island
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Town of Grand Island may require entities
subject to this article to maintain records demonstrating compliance
with this article.
C. Enforcement and penalties.
(1)
Notice of violation. When the Town of Grand Island determines
that a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address when available or a description of the building,
structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this article and a
time schedule for the completion of such remedial action;
(e)
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
(f)
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.
(2)
Stop-work orders. The Town of Grand Island may issue a stop-work
order for violations of this article. 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 Town of Grand
Island 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 article.
(3)
Violations. Any land 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.
(4)
Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this article 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 article 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.
(5)
Withholding of certificate of occupancy. If any building or
land development activity is installed or conducted in violation of
this article, the SMO may prevent the occupancy of said building or
land.
(6)
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 Town of
Grand Island may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
D. Fees for services. The Town of Grand Island may require any person
undertaking land development activities regulated by this article
to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by the Town of Grand Island
or performed by a third party for the Town of Grand Island.