The Board of Trustees of the Village of Hewlett Bay Park, hereby
finds and determines as follows:
A. Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
B. This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C. Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
E. Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
F. Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
G. Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H. The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I. Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The Village of Hewlett Bay Park has developed a stormwater management program for coverage under the New York State Pollution Discharge Elimination System (SPDES) requirements. 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 §
146-28 of this article. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;
B. Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities No. GP-02-01 or as amended or revised;
C. Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in creek and channel
temperature, and bank erosion, and maintain the integrity of creeks
and channels;
D. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E. Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
In accordance with the Municipal Home Rule Law of the State
of New York, the Board of Trustees ("Board") of the Village of Hewlett
Bay Park ("Village") has the authority to enact local laws and amend
local laws and for the purpose of promoting the health, safety or
general welfare of the Village and for the protection and enhancement
of its physical environment. The Board may include in any such local
law provisions for the appointment of any municipal officer, employees,
or independent contractor to effectuate, administer and enforce such
local law.
This article shall be applicable to all land development activities as defined in §
146-28.8 of this article.
The Stormwater Management Officer shall accept and review all
stormwater pollution prevention plans and forward such plans to the
applicable municipal board. The Stormwater Management Officer may:
B. Upon approval by the Board, engage the services of a registered professional
engineer to review the plans, specifications and related documents
at a cost not to exceed the fee schedule established by said governing
board; or
C. Accept the certification of a licensed professional that the plans
conform to the requirements of this article.
All land development activities subject to review and approval
by the Board under the Village Code regulations shall be reviewed
subject to the standards contained in this article.
All land development activities not subject to review as stated in §
146-28.5 shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this article.
The following activities shall be exempt from review under this
article:
A. Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility;
B. Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer;
C. Any part of a subdivision if a plat for the subdivision has been
approved by the Board on or before the effective date of this law;
D. Land development activities for which a building permit has been
approved on or before the effective date of this law.
E. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles;
F. Emergency protective measures necessary to protect life, property
or natural resources;
G. Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that individual
and the family members of such individual;
H. Landscaping and horticultural activities in connection with an existing
structure or use;
I. Fire-fighting activities that produce runoff waters to enter the
MS4 or US waters.
The following terms used in this article shall have the meanings
set forth in this section:
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conduct continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 10,000 square feet (unless the amount
of impervious cover created is not more than 1,000 square feet), or
activities disturbing less than 10,000 square feet of total land area
that is 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.
LANDOWNER
The legal or beneficial owner of land, including any person
or entity holding the right to purchase or lease the land, or any
other person or entity holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment. This shall include
the practices listed on Schedule A included in this article.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
The Code Official, or other person designated by the Mayor,
with the approval of the Board of Trustees, to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board, inspect stormwater management practices, and exercise the powers
and duties specified for such official in this article.
STORMWATER MANAGEMENT PRACTICES (SMPS)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
No application for approval of a land development activity shall
be reviewed until the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this article.
A. Contents of stormwater pollution prevention plans. All SWPPPs shall
provide the following background information and erosion and sediment
controls:
(1)
Background information about the scope of the project, including
location, type and size of project;
(2)
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; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
location(s) of the stormwater discharges(s). The site map shall be
at a scale no smaller than one inch equals 100 feet;
(3)
Description of the soil(s) present at the site;
(4)
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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than one acre shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)
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;
(6)
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;
(7)
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 close-out;
(8)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control
measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)
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
(16)
Any existing data that describes the stormwater runoff at the
site.
B. Land development activities meeting one or more of the following conditions shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection
C below as applicable:
(1)
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 total maximum daily
load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment; or
(2)
Stormwater runoff from land development activities disturbing
five or more acres; or
(3)
Stormwater runoff from land development activity disturbing
between one 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.
C. SWPPP requirements. Land development activities meeting one or more
of the foregoing conditions:
(1)
All information in Subsection
A of this section;
(2)
Description of each post-construction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(5)
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
(6)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(8)
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;
(9)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with §§ 146-28.17 through 146-28.20 of this
article.
The SWPPP shall be prepared by a landscape architect, certified
professional or professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meet the requirements in this article.
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.
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." 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. The certification statement(s) shall become part of the SWPPP
for the land development activity.
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 law:
(1)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Article of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
No land development activity shall cause an increase in turbidity
that will result in substantial visible contrast to natural conditions
in surface waters of the State of New York.
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 Village 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 Village Attorney.
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall be operated and maintained
to achieve the goals of this chapter. Proper operation and maintenance
also includes, as a minimum, the following:
A. 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.
B. Written procedures for operation and maintenance and training new
maintenance personnel.
C. Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations in accordance with
this article.
The following requirements shall be applicable to subdivisions
of property in addition to any other applicable laws, rules or regulations
pertaining to subdivisions of property in the Village:
A. Prior to approval of any preliminary subdivision plat, a satisfactory
stormwater pollution prevention plan (SWPPP) consistent with the requirements
of this article shall be provided. The SWPPP shall meet the performance
and design criteria and standards in this article. The approved preliminary
subdivision plat shall be consistent with the provisions of this article.
B. Prior to approval of any final subdivision plat, a stormwater pollution
prevention plan consistent with the requirements of this article and
with the terms of preliminary plan approval shall be required for
final subdivision plat approval. The SWPPP shall meet the performance
and design criteria and standards in this article. The approved final
subdivision plat shall be consistent with the provisions of this article.
In any case where a site plan approval is required pursuant
to this Code, no such approval shall be granted unless a stormwater
pollution prevention plan consistent with the requirements of this
article has been provided as part of the application for site plan
approval. The SWPPP shall meet the performance and design criteria
and standards in this article. The approved site plan shall be consistent
with the provisions of this article.
The following provisions for construction inspection, performance
guarantees and bonds, and enforcement are applicable to any project
or development subject to this article in addition to the other provisions
of this Code; provided, however, that this section shall not be applicable
to the extent that any other provision of this Code contains a stricter
or more stringent requirement:
A. Inspections.
(1)
Erosion and sediment control inspection.
(a)
The Stormwater Management Officer 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 stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the Stormwater Management
Officer at least 48 hours before any of the following, as required
by the Stormwater Management Officer:
[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.
[8] Successful establishment of landscaping in public
areas.
(b)
If any violations are found as a result of any such inspection,
the applicant and developer shall be notified in writing of the nature
of the violation and the required corrective actions. No further work
shall be conducted except for site stabilization until any violations
are corrected and all work previously completed has received approval
by the Stormwater Management Officer.
B. Stormwater management practice inspections. The Stormwater Management
Officer, is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit as-built plans
for any stormwater management practices located on-site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by
a professional engineer.
C. Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to, routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher than typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
The Stormwater Management Officer may require monitoring and
reporting from entities subject to this article as are necessary to
determine compliance with this article.
When any new stormwater management facility is installed on
private property or when any new connection is made between private
property and the public stormwater system, the landowner shall grant
to the Village, or its designee, the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection
as specified in this article.
In order to ensure the full and faithful completion of all land
development activities related to compliance with all conditions set
forth by the Village in its approval of the stormwater pollution prevention
plan, the Board 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 Village as the beneficiary. The security shall be in an amount
to be determined by the Board 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 Board, 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 the Board. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the developer or by
a person or entity that owns or manages a nonresidential facility,
the developer, prior to construction, may be required to provide the
Village with an irrevocable letter of credit from an approved financial
institution or surety to ensure proper operation and maintenance of
all stormwater management and erosion control facilities both during
and after construction, and until the facilities are removed from
operation. If the developer or landowner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Village may draw upon the account to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
Entities subject to this article shall maintain records demonstrating
compliance with this article.
In addition to any other remedy or penalty applicable by law,
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.
Unless a higher or more strict penalty is otherwise provided
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, such person shall be
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, such person shall be 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. Each week's continued violation
shall constitute a separate additional violation.
If any building or land development activity is installed or
conducted in violation of this article, the Stormwater Management
Officer or the Code Official may prevent or prohibit the occupancy
of said building or land.
Any person violating any provision of this article 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 Board
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
Any person undertaking land development activities regulated
by this article shall pay the fees and costs required pursuant to
the Village's fee regulations, such costs to be paid at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed
by the Village or performed by a third party for the Village.