[HISTORY: Adopted by the Board of Trustees of the Village
of Tarrytown as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Greenway Compact Plan — See Ch. 30.
Building construction — See Ch. 97.
Environmental quality review — See Ch. 147.
Excavations — See Ch. 151.
Flood damage prevention — See Ch. 169.
Lakes and waterways — See Ch. 201.
Landscaping — See Ch. 205.
Storage of pesticides, herbicides and fertilizers — See Ch. 227.
Sewers — See Ch. 243.
Subdivision of land — See Ch. 263.
Water — See Ch. 297.
Wetlands and watercourses — See Ch. 302.
Zoning — See Ch. 305.
[Adopted 8-17-1987 by L.L. No. 5-1987 as Art. XII of Ch.
305, Zoning; amended in its entirety 12-1-2008 by L.L. No. 18-2008[1]]
The article shall be known as the "Village of
Tarrytown Stormwater Management and Erosion and Sediment Control Local
Law."
It is hereby determined that:
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 water-borne pollutants, flooding, siltation of aquatic habitats
for fish and other desirable species.
C.
Clearing and grading during construction tend to increase
soil erosion and add to the loss of native vegetation necessary for
terrestrial and aquatic habitats.
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 non-point-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 non-point-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 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
herein. This article seeks to meet those purposes by achieving the
following objectives:
A.
Meeting 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.
Requiring land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
general permit for construction activities GP-02-01, or as amended
or revised.
C.
Minimizing increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels.
D.
Minimizing increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality.
E.
Minimizing the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable.
F.
Reducing stormwater runoff rates and volumes, soil
erosion and non-point-source pollution, wherever possible, through
stormwater management practices and ensuring that these management
practices are properly maintained and eliminate threats to public
safety.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Village Board of Trustees
of the Village of Tarrytown has the authority to enact local laws
and amend local laws for the purpose of promoting the health, safety
or general welfare of the Village of Tarrytown and for the protection
and enhancement of its physical environment. The Village of Tarrytown
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.
A.
This article shall be applicable to all land development
activities as defined in this article.
B.
The municipality shall designate a Stormwater Management
Officer, who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Village Board of the Village
of Tarrytown, engage the services of a registered professional engineer
to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board;
or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this article.
C.
All land development activities subject to review
and approval by the applicable board of the Village of Tarrytown under
subdivision, site plan, and/or compatible use permit regulations shall
be reviewed subject to the standards contained in this article.
The following activities may be exempt from
review under this article:
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C.
Routine maintenance activities that disturb fewer
than five acres and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the effective date of this article.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meanings as
set forth in this section:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
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."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 5,000 square feet, or activities disturbing
less than 5,000 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, or activities that result in the creation
of impervious (nonpermeable) cover equal to or greater than 1,000
square feet, whether those activities occur in association with new
development, a modification or expansion of existing development,
or redevelopment of a previously developed site.
[Amended 12-6-2010 by L.L. No. 18-2010]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
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 non-point-source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement.
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.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of project.
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show:
[1]
The total site area;
[2]
All improvements;
[3]
Areas of disturbance;
[4]
Areas that will not be disturbed;
[5]
Existing vegetation;
[6]
On-site and adjacent off-site surface water(s);
[7]
Wetlands and drainage patterns that could be
affected by the construction activity;
[8]
Existing and final slopes;
[9]
Locations of off-site material, waste, borrow
or equipment storage areas; and
[10]
Location(s) of the stormwater discharge(s).
(c)
Description of the soil(s) present at the site.
(d)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(e)
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 stormwater runoff.
(f)
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.
(g)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project close-out.
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice.
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(j)
Temporary practices that will be converted to
permanent control measures.
(k)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place.
(l)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice.
(m)
Name(s) of the receiving water(s).
(n)
A delineation of SWPPP implementation responsibilities
for each part of the site.
(o)
A 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.
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities as defined in § 258-7 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls as set forth in § 258-8B(3) below and described in the New York State Stormwater Management Design Manual or any subsequent version and the New York State Standards for Erosion and Sediment Control (2005) or any subsequent version, including those capable of mitigating the water quantity impacts from the twenty-five-year storm event in Westchester County, New York, as applicable:
[Amended 12-6-2010 by L.L. No. 18-2010]
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development
activities disturbing 5,000 square feet or more of land or creating
impervious (nonpermeable) cover equal to or greater than 1,000 square
feet during the course of the project.
(c)
Condition C: stormwater runoff from land development
activity disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater
management practice.
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice.
(d)
A hydrologic and hydraulic analysis for all
structural components of the stormwater management system for the
applicable design storms.
(e)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(g)
A maintenance schedule to ensure continuous
and effective operation of each postconstruction stormwater management
practice.
(h)
Maintenance easements, if applicable, 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.
[Amended 12-6-2010 by L.L. No. 18-2010]
C.
Plan certification. 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 meets
the requirements in this article.
D.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the stormwater pollution prevention
plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
F.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article:
(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.
Water quality standards. 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.
A.
Maintenance and inspection during construction.
(1)
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%.
(2)
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. 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 delivered to the Stormwater Management
Officer and also maintained in a site log book.
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 Village of Tarrytown 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 Tarrytown.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and
training of new maintenance personnel.
D.
Maintenance agreements. The Village of Tarrytown 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 (said Schedule B is on file
in the Village office) of this article, entitled "Sample Stormwater
Control Facility Maintenance Agreement." The Village of Tarrytown,
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.
Erosion and sediment control inspection.
(1)
The Village of Tarrytown 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 Village of Tarrytown enforcement official at least
48 hours before any of the following as required by the Stormwater
Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(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. 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 Village
of Tarrytown 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.
D.
Submission of reports. The Village of Tarrytown Stormwater
Management Officer may require monitoring and reporting from entities
subject to this article as are necessary to determine compliance with
this article.
E.
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 Village of Tarrytown the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 258-11C.
F.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
of Tarrytown in its approval of the stormwater pollution prevention
plan, the Village of Tarrytown 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 of Tarrytown as the beneficiary. The security
shall be in an amount to be determined by the Village of Tarrytown
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
Village of Tarrytown, 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) has 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 Village of Tarrytown. Per-annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
G.
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 Village of Tarrytown 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 of Tarrytown
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
H.
Recordkeeping. The Village of Tarrytown may require
entities subject to this article to maintain records demonstrating
compliance with this article.
I.
Notice of violation. When the Village of Tarrytown
determines that a land development activity is not being carried out
in accordance with the requirements of this article, it may issue
a written notice of violation to the landowner. The notice of violation
shall contain:
(1)
The name and address of the landowner, developer or
applicant.
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
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.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
J.
Stop-work orders. The Village of Tarrytown may issue
a stop-work order for violations of this article. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Village of Tarrytown confirms that the land development activity is
in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this article.
K.
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
L.
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.
M.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the Stormwater Management Officer may prevent the
occupancy of said building or land.
N.
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 Village
of Tarrytown may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
[Adopted 3-15-2010 by L.L. No. 4-2010]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Tarrytown 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 § 258-17 of this article.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal Separate Storm Sewer System.
The Village of Tarrytown.
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,
and 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 its 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 the Environmental
Protection Agency 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 Environmental Protection
Agency 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.
An employee, the Municipal Engineer or other public official(s)
designated by the Village of Tarrytown 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.
Surface runoff, snowmelt and drainage.
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. 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.
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 § 258-17. 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 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.
C.
Prohibition
on net decrease of stormwater in an existing floodplain. No project
shall be approved, absent other counterbalancing actions, which results
in a net decrease in the volume of stormwater storage in an existing
floodplain.
[Added 1-17-2012 by L.L. No. 2-2012]
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.
A.
Best management practices. Where the SMO has identified illicit discharges as defined in § 258-13 or activities contaminating stormwater as defined in § 258-18, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at his, her or its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises which is or may be the source of an illicit discharge as defined in § 258-13 or an activity contaminating stormwater as defined in § 258-19, 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.
(3)
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, with 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, her or its 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 is 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/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 is 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 thee 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/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 Village Board of Trustees within 15 days of its
issuance, which 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/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.
This article shall be in full force and effect 60 days after
its final passage and adoption. All prior laws and parts of law in
conflict with this article are hereby repealed.
