[HISTORY: Adopted by the Town Board of the Town of Schaghticoke
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-14-2007 by L.L. No. 1-2007]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Schaghticoke through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES general permit for municipal separate storm
sewer systems. The objectives of this article are:
A.
To meet the requirements of the SPDES general permit for stormwater
discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 107-6 of this article.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03,[1] as amended or revised.
Municipal separate storm sewer system.
The Town of Schaghticoke.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards: The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their MS4 permit may have caused or
has the reasonable potential to cause or contribute to the violation
of an applicable water quality standard. Under this condition the
municipality must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
303(d)-listed waters: The condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
Total maximum daily load (TMDL) strategy: The condition in the
municipality's MS4 permit where a TMDL, including requirements
for control of stormwater discharges, has been approved by EPA for
a water body or watershed into which the MS4 discharges. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to
September 10, 2003, the municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition, the
municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not
meeting the TMDL stormwater allocations, the municipality must, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector/Code Enforcement Officer or any other
employee, municipal engineer or other public official(s) designated
by the Town of Schaghticoke to enforce this article. The SMO may also
be 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.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. The 303(d)-listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
[1]
Editor's Note: The revised GP-98-03 has been renumbered
as GP-06-01.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
municipality.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the municipality has determined
them to be substantial contributors of pollutants: water line flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a verbal notification to the SMO
prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the municipality's
MS4 or allows such a connection to continue.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES
permit authorization.
Where the SMO has identified illicit discharges as defined in § 107-2 or activities contaminating stormwater as defined in § 107-7, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A.
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from
accidental discharge of prohibited materials or other wastes into
the MS4 through the use of structural and nonstructural BMPs.
B.
Any person responsible for a property or premises which is, or may be, the source of an illicit discharge as defined in § 107-2 or an activity contaminating stormwater as defined in § 107-7 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C.
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section.
A.
The SMO may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4. The SMO shall notify the person of such suspension within a reasonable
time thereafter, in writing, of the reasons for the suspension. If
the violator fails to comply with a suspension order issued in an
emergency, the SMO may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have his or her MS4 access terminated if such termination would
abate or reduce an illicit discharge. The SMO will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the SMO determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section without the
prior approval of the SMO.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing of
discharges to the MS4.
A.
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this article or whenever
the authorized enforcement agency has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B.
Access to facilities.
(1)
The SMO shall be permitted to enter and inspect facilities subject
to regulation under this article as often as may be necessary to determine
compliance with this article. If a discharger has security measures
in force which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to the SMO.
(2)
Facility operators shall allow the SMO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
(3)
The municipality shall have the right to set up on any facility subject
to this article such devices as are necessary in the opinion of the
SMO to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense.
All devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access to a facility
subject to this article are a violation of this article. A person
who is the operator of a facility subject to this article commits
an offense if the person denies the municipality reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this article.
(6)
If the SMO has been refused access to any part of the premises from
which stormwater is discharged and he or she is able to demonstrate
probable cause to believe that there may be a violation of this article
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the municipality in person or by telephone or facsimile no later than
the next business day. Notifications in person or by telephone shall
be confirmed by written notice addressed and mailed to the municipality
within three business days of the telephone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.
Notice of violation. When the municipality's SMO finds that
a person has violated a prohibition or failed to meet a requirement
of this article, he or she may order compliance by written notice
of violation to the responsible person. Such notice may require, without
limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that should the violator fail to remediate or restore within the established
deadline, the work will be done by a designated governmental agency
or a contractor and the expense thereof shall be charged to the violator.
B.
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.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Town of Schaghticoke within 15 days of its issuance,
which Town 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 the discharger.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO shall request the
owner's permission for access to the subject private property
to take any and all measures reasonably necessary to abate the violation
and/or restore the property.
B.
If refused access to the subject private property, the SMO may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the discharger.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the SMO 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.
A.
Where a person has violated a provision of this article, he or she
may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the Municipal Attorney and concurrence of the
Municipal Code Enforcement Officer, where:
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 article 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.
The remedies listed in this article 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.
[Adopted 2-14-2007 by L.L. No. 2-2007[1]]
[1]
Editor's Note: This local law was originally adopted
as Ch. 14 but was renumbered to maintain the organizational structure
of the Code.
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land development
has a significant impact upon the health, safety and welfare of the
community.
B.
Eroded soil endangers water resources by reducing water quality and
causing the silting of streams, lakes and other water bodies, adversely
affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants such as heavy
metals, hydrocarbons, nutrients and bacteria to water resources, degrading
water quality.
D.
Eroded soil necessitates repair and accelerates the maintenance needs
of stormwater management facilities.
E.
Clearing, grading and altering natural topography during construction
tends to increase erosion.
F.
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing streambank erosion and
sedimentation.
G.
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
H.
Improperly managed stormwater runoff can increase the incidence of
flooding and the severity of floods that occur, endangering property
and human life.
I.
Substantial economic losses can result from these adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of land development
activities.
The purpose of this article is to safeguard persons, protect
property, and prevent damage to the environment in the Town of Schaghticoke,
New York. This article will also promote the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance
of any land development activity as it relates to erosion and sedimentation
control and stormwater management. This article seeks to meet these
purposes by achieving the following objectives:
A.
Meet the requirements of minimum control measures 4 (construction
site stormwater runoff control) and 5 (postconstruction stormwater
management) of the State Pollution Discharge Elimination System (SPDES)
general permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit GP-02-02, or as amended or revised.
B.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation (SPDES)
general permit of construction activities GP-02-01, or as amended
or revised.
C.
Minimize soil erosion and sedimentation impacts on streams, water
bodies, and neighboring properties.
D.
Avoid excessive and/or unnecessary tree and vegetation removal.
E.
Minimize windblown soil associated with properties being cleared
and graded for development.
F.
Maintain the integrity of watercourses and sustain their hydrologic
functions.
G.
Minimize increases in the magnitude and frequency of stormwater runoff
to prevent an increase in flood flows and the hazards and costs associated
with flooding.
H.
Minimize decreases in groundwater recharge and stream base flow to
maintain aquatic life, assimilative capacity, and water supplies.
I.
Facilitate the removal of pollutants in stormwater runoff to perpetuate
the natural biological function of water bodies.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the governing Board of the Town of Schaghticoke
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Town of Schaghticoke and for the protection and enhancement of its
physical environment. The Town Board may include in any such article
provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer and enforce such
article.
A.
Except as otherwise provided herein, no person shall commence or
perform any land development activity, as defined herein, without
the approval of a stormwater pollution prevention plan (SWPPP).
B.
Applicants shall also obtain all other permits required by state,
federal, and local laws. Whenever the particular circumstances of
proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the Town of Schaghticoke,
the responsible board shall integrate the requirements prescribed
herein as appropriate and determine the adequacy of the SWPPP.
C.
Redevelopment projects. Redevelopment projects, as defined herein,
provide an opportunity to reduce pollutant discharges and the rate,
the amount and quality of stormwater runoff leaving the redevelopment
site. However, the nature of the site, particularly in an urban location,
may impose constraints that prevent implementation of full postconstruction
compliance. Chapter 9 of the New York State Stormwater Management
Design Manual sets forth the standards for compliance with water quality
and quality standards and specifications. Consideration shall be given
to using alternative stormwater management practices such as rain
gardens, pervious pavers, green roofs and other low-impact development
techniques to reduce stormwater impacts.
D.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal or accessory
use, including the construction of structures where the land disturbance
is less than one acre.
(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 stormwater management facility.
(4)
Mining, as defined herein.
(5)
The renovation/replacement of a septic system serving an existing
dwelling or structure.
(6)
Normal lawn and landscaping activities/maintenance.
(7)
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.
(8)
Selective cutting of trees, as defined herein, except log haul roads
and landing areas are subject to this article. ("Landing areas" are
cleared areas to which trees are hauled for their storage before being
transferred off site.)
(9)
Repairs and maintenance of any stormwater management practice or
facility.
As used in this article, the following terms shall have the
meanings indicated:
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities. "Agriculture" does not
include dude ranches or similar operations.
A person who has received training and is certified by CPESC,
Inc. to review, inspect and/or maintain erosion and sediment control
practices.
Any activity that removes the vegetative surface cover.
The initial disturbance of soils associated with clearing,
grading, or excavating activities or other construction activities.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Means that all soildisturbing activities at the site have
been completed and a uniform perennial vegetative cover with a density
of 80% has been established or equivalent stabilization measures (such
as the use of mulches, or geotextile mats) have been employed on all
unpaved areas and areas not covered by permanent structures.
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
Construction activity, including clearing, grading, excavating,
soil disturbance, or placement of fill, resulting in land disturbance
of equal to or greater than one acre. Also includes activities disturbing
less than one acre of total land area that are part of a larger common
plan of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A person currently licensed to practice engineering or landscape
architecture in New York State or is a certified professional in erosion
and sediment control (CPESC).
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System general permit for stormwater runoff for construction
activity (GP-02-01).
The person, persons, or legal entity which owns or leases
the property on which the construction activity is occurring.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed-use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. (The operator of a major project must submit an
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls.)
Any land development activity associated with a permitted
agricultural use or singlefamily residential construction/subdivision
that disturbs between one and five acres and is not discharging stormwater
directly to a water body listed on New York State 2002 Section 303(d)
list of impaired water bodies. (At present in Rensselaer County, Snyders
Lake is the only water body on the list, due to phosphorous levels
associated with urban runoff.) The operator of a minor project must
submit an SWPPP that addresses erosion and sedimentation controls.)
Refers to the reconstruction or modification to any existing,
previously developed land such as residential, commercial, industrial,
institutional, or road or highway which involves soil disturbance.
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.
The cutting of more than 1/2 of the existing living trees
measuring six inches in diameter at breast height (DBH) in an area
of one acre or more, over a period of two consecutive years.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single, unified operation.
A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff, and grading.
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
Covering or maintaining an existing cover or soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
Means that all soildisturbing activities at the site have
been completed and that a uniform perennial vegetative cover with
a density of 80% has been established or equivalent stabilization
measures (such as the use of mulches or geotextiles) have been employed
on all unpaved areas and areas not covered by permanent structures.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
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 manmade 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.
Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.
A horizontal distance 50 feet away from and parallel to the
high-water level of a watercourse.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and the New York State Department of Environmental Conservation.
The Code Enforcement Officer or the Building Inspector.
A.
No application for a land development activity shall be approved
until the responsible board and/or department has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications contained herein.
B.
Time limits for review.
(1)
For land development activity not subject to special permit, site plan, or subdivision requirements, the Town Engineer, or designated agent, shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days of receipt of an SWPPP, or 60 business days if the SWPP identifies practices or designs that deviate from the prescribed standards established by § 107-30, the Town Engineer, or designated agent, shall make a determination as to whether it is complete. If it is deemed incomplete, the applicant shall be notified in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the Town Engineer, or designated agent, shall, in writing:
(a)
Approve the permit application;
(b)
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or
(c)
Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or submission.
(2)
Failure of the Town Engineer, or designated agent, to act on a complete
original or revised application within 30 days of receipt shall authorize
the applicant to proceed in accordance with the plans as filed, unless
such time is extended by agreement between the applicant and the Town.
Pending preparation and approval of a revised plan, land development
activities shall not be allowed to proceed. Nothing herein shall relieve
an applicant's need to obtain a building permit as required by
Town Code or file an NOI with the NYS Department of Environmental
Conservation.
C.
For land development activity subject to special permit, site plan,
or subdivision requirements, the responsible board shall incorporate
the required SWPPP into the review process, allowing for public review
and comment on the SWPPP. The responsible board, in consultation with
the Town Engineer, or designated agent, shall determine the adequacy
of the SWPPP. For projects subject to subdivision requirements, preliminary
plat approval shall not be granted until the Planning Board has received
an SWPPP prepared in accordance with the specifications contained
herein.
D.
In its review of the plan, the responsible board or municipal official may consult with the Town Engineer, the Rensselaer County Soil and Water Conservation District or the New York State Department of Environmental Conservation or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 107-37 herein.
A.
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual, as stipulated in § 107-30.
B.
The SWPPP shall include the following:
(1)
A written narrative identifying the project's scope, including
the location, type, and size of the project.
(2)
A site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not
be disturbed; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of stormwater discharge(s). The specific
location(s), size(s), and length(s) of each erosion and sediment control
practice shall also be shown. Site maps/construction drawings shall
be at a scale no smaller than one inch equals 100 feet.
(3)
A natural resources map identifying existing vegetation; on-site
and adjacent off-site surface water(s), wetlands, and drainage patterns
that could be affected by the construction activity; and existing
and final slopes.
(4)
A description of soil(s) present at the site, along with any existing
data that describes the stormwater runoff characteristics at the site.
(5)
A 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. Phasing shall identify
the expected date on which clearing will begin, the estimated duration
of exposure of cleared areas, areas of clearing, installation of temporary
erosion and sediment control measures, and establishment of permanent
vegetation. Consistent with the New York Standards and Specifications
for Erosion and Sediment Control, there shall not be more than five
acres of disturbed soil at any one time without prior written approval
from the Department of Environmental Conservation.
(6)
A description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in the stormwater discharges and
runoff.
(7)
A 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.
(8)
A description of the 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. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the
close of each season.
(9)
The dimensions, material specifications (e.g., seeding mixtures and
rates, types of sod, kind and quantity of mulching) and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins. Temporary
practices that will be converted to permanent control measures shall
be shown.
(10)
An implementation schedule for staging temporary erosion and
sediment control practices, including the timing of initial placement
and the duration that each practice should remain in place.
(11)
A maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practices, including estimates
of the cost of maintenance.
(12)
Name(s) of the receiving water(s) and any existing data that
describes the stormwater runoff at the site.
(13)
Identification of the person or entities responsible for implementation
of the SWPPP for each part of the site.
(14)
A description of structural practices 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.
(15)
A site map/construction drawing(s) of each postconstruction
stormwater practice, including a description of each postconstruction
stormwater control practice,, including specific location(s) and size(s),
dimensions, material specifications and installation details. The
New York State Stormwater Management Design Manual shall serve as
the technical design standard. Deviations from this design manual
are permitted subject to review and approval by the New York State
Department of Environmental Conservation within 60 business days of
receipt of a completed notice of intent (NOI).
C.
For major projects, the following shall also be provided:
(1)
A hydrologic and hydraulic analysis for all structural components
of the stormwater control system for the applicable design storms.
(2)
A comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(3)
A maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater control practice.
(4)
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.
The SWPPP shall be prepared by a licensed/certified professional.
The SWPPP must be signed by the professional preparing the plan and
shall make the following certification:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that false statements made herein are punishable as a Class
A misdemeanor pursuant to § 210.45 of the Penal Law."
|
A.
The SWPPP must clearly identify each contractor(s) and subcontractor(s)
involved in soil disturbance that will implement each stormwater and
erosion control measure. Each contractor and subcontractor identified
in the SWPPP shall sign 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 (SWPPP) as a condition of authorization to discharge
stormwater. I also understand that the operator must comply with the
terms and conditions of the New York State Pollutant Discharge Elimination
System (SPDES) general permit for stormwater discharges from construction
activities and that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
|
B.
The certification must include the name and title of the person providing
the signature; the 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.
A.
The permittee shall amend the SWPPP whenever:
(1)
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
B.
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP.
A.
Technical standards.
(1)
Grading, erosion, and sediment control practices and waterway crossings
shall meet the design criteria set forth in the most recent version
of the New York Standards and Specifications for Erosion and Sediment
Control published by the Empire State Chapter of the Soil and Water
Conservation Society. For the design of postconstruction structures,
the technical standards are currently detailed in the publication
New York State Stormwater Management Design Manual, published by the
Department of Environmental Conservation. Where stormwater management
practices are not in accordance with above design and technical standards,
the applicant or developer must demonstrate equivalence to the design
and technical standards set forth in this section, and the equivalence
shall be documented and certified by a licensed/certified professional
as part of the SWPPP.
(2)
Cut and fill slopes shall be no greater than 2:1, except where retaining
walls, structural stabilization or other methods acceptable to the
Town-designated licensed certified professional are used. Disturbed
areas shall be restored as natural-appearing landforms and shall blend
in with the terrain of adjacent undisturbed land. Abrupt, angular
transitions shall be avoided.
(3)
Clearing and grading shall be substantially confined to designated
building envelopes, utility easements, driveways, and parking footprints.
Clearing and grading techniques that retain natural vegetation and
drainage patterns, as described in the most recent version of Standards
and Specifications for Erosion and Sediment Control referenced above,
shall be used to the satisfaction of the responsible board. No clearing
or grading shall take place within the established fifty-foot watercourse
buffer area except to provide road crossings where permitted.
(4)
Clearing, except that necessary to establish sediment control devices,
shall not begin until all sediment control devices have been installed
and have been stabilized.
(5)
Phasing shall be required on all sites disturbing greater than 30
acres, with the size of each phase to be established at plan review
and as approved by the responsible board. There shall not be more
than five acres of disturbed soil at any one time without prior written
approval from the NYS Department of Environmental Conservation.
(6)
The permittee shall initiate stabilization measures as soon as practicable
in portions of the site where construction activities have temporarily
or permanently ceased but in no case more than 14 days after the construction
activity in that portion of the site has temporarily or permanently
ceased. This requirement does not apply in the following instances:
(a)
Where the initiation of stabilization measures by the 14th day
after construction activity temporarily or permanently ceased is precluded
by snow cover or frozen ground conditions, stabilization measures
shall be initiated as soon as practicable.
(b)
Where construction activity on a portion of the site is temporarily
ceased and earth-disturbing activities will be resumed within 21 days,
temporary stabilization measures need not be initiated on that portion
of the site.
(7)
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Town Zoning Enforcement Officer or designated agent, he/she may issue a notice of violation (See § 107-38A) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
(8)
If seeding or another vegetative erosion control method is used,
it shall become established within 14 days, or the applicant may be
required to reseed the site or use a nonvegetative option.
(9)
Special techniques that meet the design criteria outlined in the
most recent version of Standards and Specifications for Erosion and
Sediment Control shall be used to ensure stabilization on steep slopes
or in drainageways.
(10)
Soil stockpiles must be stabilized or covered at the end of
each workday.
(11)
The entire site must be stabilized, using a heavy mulch layer
or another method that does not require germination to control erosion,
at the close of the construction season.
(12)
Techniques shall be employed to prevent the blowing of dust
or sediment from the site.
(13)
Techniques that divert upland runoff past disturbed slopes shall
be employed.
(14)
Adjacent properties shall be protected by the use of a vegetated
buffer strip in combination with perimeter controls.
(15)
In general, wetlands and watercourses should not be filled,
graded or altered. The crossing of watercourses should be avoided
to the maximum extent practicable. When protection of wetlands, watercourses,
trees, steep slopes or other environmentally sensitive areas is required,
the location shall be shown on the erosion control plan and the method
of protection during construction identified (e.g., silt fence, construction
fence, stakes, etc.). A vegetative buffer (25 feet minimum) shall
be maintained between disturbed areas and protected federal wetlands
that are not proposed to be filled as part of an Army Corps of Engineers
wetlands permit. In the case of state-designated wetlands, the one-hundred-foot
adjacent area shall not be disturbed without a NYS Department of Environmental
Conservation permit.
(16)
Stabilization shall be adequate to prevent erosion located at
the outlets of all pipes and paved/riprap channels.
(17)
Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by 50%.
(18)
Development should relate to site conditions and disturbance
of steep slopes avoided. Grading should be minimized by utilizing
existing topography whenever possible. Roads and driveways shall follow
the natural topography to the greatest extent possible.
(19)
In areas of severe slopes (exceed 25%) land-disturbing activities
are not permitted. A twenty-five-foot buffer must be maintained between
any disturbed area and the top of slopes 25% and greater.
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
Schaghticoke 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 Schaghticoke.
C.
Maintenance agreements. The Town of Schaghticoke 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 B of this article entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1] The Town of Schaghticoke, in lieu of a maintenance agreement,
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 article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Town offices.
Any land development activity shall not result in:
A.
An increase in turbidity that will cause a substantial visible contrast
to natural conditions in surface waters of New York State;
B.
An increase in suspended, colloidal and settleable solids that will
cause deposition or impair the waters for their best uses; or
C.
Residue from oil and floating substances, nor visible oil film or
globules of grease.
The applicant or developer of the land development 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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
A.
When inspections are to occur; violations.
(1)
The Town Zoning Enforcement Officer or designated agent 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 Zoning Enforcement Officer or designated
agent at least 48 hours before the following, as required by the SWPPP:
(a)
Start of construction and initial installation of sediment and
erosion controls.
(b)
Installation of sediment and erosion measures as site clearing
and grading progresses.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the seasonal land development activity.
(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. Corrective actions may include the repair/restoration
of off-site impacts. 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 Town Zoning Enforcement
Officer or designated agent.
B.
For land development activities, the applicant shall have a qualified
professional conduct an assessment of the site prior to the commencement
of construction and certify in an inspection report that the appropriate
erosion and sediment controls described in the SWPPP have been adequately
installed or implemented to ensure overall preparedness of the site.
Following the commencement of construction, site inspections shall
be conducted by a qualified professional at least every seven calendar
days and within 24 hours of the end of a storm event of 0.5 inches
or greater. The purpose of such inspections will be to determine the
overall effectiveness of the plan and the need for additional control
measures. During each inspection, the licensed/certified professional
shall record the following information:
(1)
On a site map, indicate the extent of all disturbed site areas and
drainage pathways; indicate site areas that are expected to undergo
initial disturbance or significant site work within the next fourteen-day
period;
(2)
Indicate on a site map all areas of the site that have undergone
temporary or permanent stabilization;
(3)
Indicate all disturbed site areas that have not undergone active
site work during the previous fourteen-day period;
(4)
Inspect all sediment control practices and record the approximate
degree of sediment accumulation as a percentage of the sediment storage
volume;
(5)
Inspect all erosion and sediment control practices and record all
maintenance requirements such as verifying the integrity of barrier
or diversion systems and containment systems; identify any evidence
of rill or gully erosion occurring on slopes and any loss of stabilizing
vegetation or seeding/mulching; document any excessive deposition
of sediment or ponding water along barrier or diversion systems; record
the depth of sediment within containment structures and any erosion
near outlet and overflow structures, and verify the ability of rock
filters around perforated riser pipes to pass water; and
(6)
All deficiencies that are identified with the implementation of the
SWPPP.
C.
A copy of the NOI and a brief description of the project shall be
posted at the construction site in a prominent place for public viewing.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the beginning of construction activities
to the date of final stabilization. The SWPPP and inspection reports
are public documents that the operator must make available for inspection,
review and copying by any person within five business days of the
operator receiving a written request by such person to review the
SWPPP and/or the inspection reports. The copying of documents will
be done at the requester's expense.
D.
The operator shall maintain a record of all inspection reports in
a site logbook. The site logbook shall be maintained on site and be
made available to the Town upon request. The operator shall post at
the site, in a publicly accessible location, a summary of the site
inspection activities on a monthly basis.
E.
The applicant or developer or his or her 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.
A.
Inspections of stormwater management practices (SMPs). The Town Zoning
Enforcement Officer, or designated agent, is responsible for conducting
inspections of stormwater management practices (permanent water quantity/quality
improvement structures). All operators are required to submit as-built
plans certified by a professional engineer for any permanent stormwater
management practices located on site after final stabilization. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
Operators shall also provide the owner(s) of such structure(s) with
a manual describing the operation and maintenance practices that will
be necessary in order for the structure to function as designed. The
operator must also certify that the permanent structure(s) have been
constructed as described in the SWPPP. This certification can be accomplished
by providing to the Town a copy of the notice of termination (NOT)
filed with the NYS Department of Environmental Conservation.
B.
All certified as-built plans, lands, structures, and/or appurtenances
to be dedicated to the Town shall be reviewed, inspected and approved
by the Town Engineer or designated agent prior to Town acceptance.
C.
Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the NYSDEC and file a copy with the Town to notify it that he or she has complied with Subsection A and that the project is complete.
A.
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,
at 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.
B.
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 facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices.
C.
Submission of reports. The Town of Schaghticoke Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
D.
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 Town of Schaghticoke the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 107-35B.
A.
Construction completion guarantee. The applicant or developer may
be required 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 Schaghticoke as the beneficiary.
The security shall be in an amount determined by the Town of Schaghticoke
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 Schaghticoke, 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 Town. 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 Town of Schaghticoke 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 control facilities, the Town may, upon notification, draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The Town of Schaghticoke may require entities subject
to this article to maintain records demonstrating compliance with
this article.
A.
The responsible board or municipal official is hereby authorized
to retain licensed/certified professionals as are determined to be
necessary to carry out the review of an SWPPP or to make regular or
final inspections of all control measures, lands, structures, and/or
appurtenances to be dedicated to the Town in accordance with the approved
plan.
B.
Payment for the services of such professionals is to be made from
funds deposited by the applicant with the Town in escrow accounts
for such purposes.
C.
It shall be the responsibility of the applicant to submit to the
Town certified check(s) in amounts equal to the estimate of the licensed/certified
professional for the cost of services to be rendered. Estimates shall
reflect reasonable costs at prevailing rates. The Town shall make
payments to said professional for services rendered to it upon acceptance
by the Town of said service.
A.
Notice of violation.
(1)
The operator and all contractors and subcontractors must comply with
all conditions of an SWPPP submitted pursuant to this article. In
the event that the Town determines that a land development activity
is not being carried out in accordance with the requirements of this
article, the Zoning Officer may issue a written notice of violation
to the operator/landowner, applicant and all contractors/subcontractors
subject to the provisions of this article. The notice of violation
shall contain:
(a)
The name and address of the operator/landowner, developer, or
applicant;
(b)
The address of the site 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 can be assessed
against the person to whom the notice of violation is directed.
(2)
Within 15 days of notification of violation (or as otherwise provided
by the Town), the violator shall take the remedial measures necessary
to bring the land development activity into compliance with this article.
B.
Stop-work order. The Town Zoning Enforcement Officer may issue a
stop-work order for violation of this article. Persons receiving a
stop-work order shall be required to halt all land development activities,
except those activities that address the violation(s) identified in
the stop-work order. The stop-work order shall be in effect until
the Town 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,
and/or monetary penalties in accordance with this article.
C.
Violations. The Town of Schaghticoke may require entities subject
to this article to maintain records demonstrating compliance with
this article.
D.
Penalties. Any person violating any of the provisions of this article
shall be deemed guilty of a misdemeanor, and each day during which
any violation of any of the provisions of this article is committed,
continued, or permitted shall constitute a separate offense. Upon
conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine of not more than $250 for each offense.
In addition to any other penalty authorized by this section, any person,
partnership, or corporation convicted of violating any of the provisions
of this article shall be required to bear the expense of such restoration.
To the extent that the noncompliance with this article constitutes
a violation of the Clean Water Act and the Environmental Conservation
Law, there may be substantial criminal, civil, and administrative
penalties, depending upon the nature and degree of the offense.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
article, the Town Zoning Enforcement Officer may prevent the occupancy
of said building or land.
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 Town of Schaghticoke
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
