[Added 1-7-2008 by L.L. No. 1-2008]
All land development activities shall be subject to the following
performance and design criteria.
A.
For the purpose of this article, the following documents shall serve
as the official guides and specifications for stormwater management.
Stormwater management practices that are designed and constructed
in accordance with these technical documents shall be presumed to
meet the standards imposed by this article:
(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 Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the Erosion Control Manual).
B.
The New York State technical guidance documents may be ordered from
the Department. An order form as well as downloadable versions of
the Manuals are available on the Internet at:
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 265-147, and the SWPPP shall be prepared by a licensed professional.
Any land development activity shall not cause an increase in
turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
or his/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%.
(2)
For land development activities as defined in § 265-2 of this chapter and meeting Condition A, B or C in § 265-143, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
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 of Cedarhurst 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 Village of Cedarhurst.
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall ensure they are operated
and maintained to achieve the goals of this article. Proper operation
and maintenance also includes as a minimum, the following:
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.
The Village of Cedarhurst 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[1] of this article entitled "Sample Stormwater Control Facility
Maintenance Agreement." The Village of Cedarhurst, in lieu of a maintenance
agreement, at its sole discretion may accept dedication of any existing
or future stormwater management facility, provided such facility meets
all the requirements of this article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
A.
Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of Articles XXI and XXII shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of Articles XXI and XXII.
