[Adopted 5-1-2000 by L.L. No. 2-2000]
This article shall be known as the "Local Law for Utilization
of the Beecher Creek Detention Facility."
A.
The Town of Elmira regulates stormwater runoff from developing areas
in order to minimize the adverse effects that may result from changes
in the land cover and grade. Policies have been adopted by the Town
of Elmira for the express purpose of protecting public and private
property from damages that may result from flooding, erosion, and
water quality impairment. The management of stormwater runoff is the
responsibility of the developer, who assumes the cost of implementing
all necessary measures at the time of development.
B.
The Town of Elmira has constructed the Beecher Creek Detention Facility
on property owned by the Elmira Country Club. This facility was designed
to protect existing development located downstream of the project
from flood damages. The volume of water that can be contained by the
Beecher Creek Detention Facility exceeds the volume necessary to provide
downstream protection. This excess capacity can be utilized to detain
increased stormwater discharges from upstream development sites.
A.
The purpose of this article is to provide a mechanism by which developers of property located upstream of the Beecher Creek Detention Facility can utilize the excess capacity of this facility to manage the increased stormwater runoff that results from their development activities. Permission to utilize the Beecher Creek Detention Facility will be granted by the Town of Elmira to developers who pay a utilization fee to the Town, as specified in this article. Participating developers will retain responsibility for preparing a stormwater management plan, meeting stormwater quality standards, implementing interior drainage, and managing stormwater flow into the Beecher Creek Detention Facility. Developers who chose not to utilize the excess capacity of the Beecher Creek Detention Facility will be responsible for managing stormwater runoff in some other manner, as required by Chapter 217, Zoning, Chapter 198, Subdivision of Land, of the Town Code and other Town of Elmira local laws.
B.
The anticipated benefits to upstream developers include:
(1)
Reduced costs for the design of stormwater management systems;
(2)
Reduced costs for construction of stormwater management structures;
(3)
Increased ability to utilize property since space need not be preserved
for on-site retention/detention of stormwater; and
(4)
Reduced maintenance responsibilities since the Town of Elmira has
assumed responsibility for maintenance of the Beecher Creek Detention
Facility.
As used in this article, the following terms shall have the
meanings indicated:
The actual volume of stormwater that can be contained by
the Beecher Creek Detention Facility during the one-hundred-year,
twenty-four-hour storm. The initial constructed capacity is 17.16
acre-feet or 747,490 cubic feet. This may be increased subsequent
to project completion by expansion of the facility.
The volume of stormwater that the Beecher Creek Detention
Facility is designed to contain during the one-hundred-year, twenty-four-hour
storm to avoid exceeding the design outflow volume of the facility.
This is based on the land uses and runoff characteristics that exist
at the time of project design.
The difference in volume between the constructed capacity
and the design capacity of the Beecher Creek Detention Facility.
Impermeable surfaces, such as pavement or rooftops, that
prevent the percolation of water into the soil.
The calculated volume of additional stormwater runoff (in
excess of the pre-development stormwater runoff) that will be released
into the Beecher Creek Detention Facility during the one-hundred-year,
twenty-four-hour design storm as a result of a development project.
Minor construction activities for which hydrologic computation of surface runoff volumes is not needed to ensure compliance with the stormwater management requirements of Chapter 217, Zoning, and Chapter 198, Subdivision of Land, of the Code of the Town of Elmira, Town of Elmira local laws, or New York State regulations [State Pollutant Discharge Elimination System (SPDES)].
The person licensed as a professional engineer by the State
of New York who is duly authorized by the Town of Elmira Town Board
to act in the capacity specified in this article.
The procedure for estimating surface water runoff volumes
presented in Chapter 2 of Technical Release 55 (Urban Hydrology for
Small Watersheds) by the United States Department of Agriculture,
Soil Conservation Service. This method utilizes curve numbers that
are determined based on the hydrologic soil group, cover type, treatment,
hydrologic condition and degree to which impervious areas are connected
to the drainage system.
A fee that will be paid to the Town of Elmira for utilization
of the Beecher Creek Detention Facility to manage the increased stormwater
volume resulting from a development project.
This article applies to properties within the upper portions
of the Beecher Creek Watershed from which surface runoff naturally
drains into Beecher Creek upstream of the dam for the Beecher Creek
Detention Facility. The tax parcel identification numbers (as identified
on the date of this article) for parcels located partially or completely
within this area are:
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88.00-1-6.2
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88.00-1-12.24
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88.00-1-15
|
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88.00-1-12.11
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88.00-1-12.25
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88.00-1-16
|
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88.00-1-12.12
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88.00-1-12.26
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88.00-1-17.1
|
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88.00-1-12.21
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88.00-1-13.2
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88.00-1-31.1
|
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88.00-1-12.22
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88.00-1-13.3
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88.00-1-32
|
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88.00-1-12.23
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88.00-1-14
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A.
The as-built drawings for the Beecher Creek Detention Facility indicate
that the initial excess capacity of this facility is 1.4 acre-feet,
which is equivalent to 60,984 cubic feet. The total utilization of
the Beecher Creek Detention Facility for stormwater detention shall
not exceed this excess capacity unless the facility is expanded. The
Town of Elmira will retain records pertaining to the design and construction
of the Beecher Creek Detention Facility and all subsequent increases
in the stormwater discharge into this facility.
B.
In the event that upstream development utilizes all of the excess
capacity of the Beecher Creek Detention Facility and additional capacity
is desired for further development, the Town of Elmira may chose to
expand the facility. The increased capacity provided by such an expansion
would be added to the excess capacity of the facility and would become
available for utilization by upstream developers in accordance with
the provisions of this article.
A.
Any developer who chooses to utilize the Beecher Creek Detention
Facility for stormwater management must first determine the volume
of increased stormwater that will be directed to this facility as
a result of the proposed development. The design storm for these stormwater
calculations will be the one-hundred-year, twenty-four-hour rainfall
event. The developer may select either of the following procedures
for calculating the increased stormwater volume that will be released
into the Beecher Creek Detention Facility:
(1)
An estimate of the increased stormwater volume may be computed using
the following formula. It is anticipated that this procedure will
be used for minor development projects to avoid the expense of hydrologic
modeling.
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Increased stormwater volume (cubic feet) = increased impervious
area (square feet) x 100-year, 24-hour precipitation (feet)
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Where:
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Increased impervious area = the increase in impervious area
resulting from the development project; and
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100-year, 24-hour precipitation = 0.458 feet (5.5 inches)
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(2)
The USDA SCS TR-55 runoff curve procedure can be used to calculate
the increased stormwater volume that will be directed to the Beecher
Creek Detention Facility as a result of the one-hundred-year, twenty-four-hour
precipitation event (post-development runoff minus pre-development
runoff). This calculation will be a part of the stormwater management
plan for the proposed development and is the developer's responsibility.
B.
The Town Engineer will review the calculation of increased stormwater
volume for accuracy and to ensure that the volume of stormwater that
is proposed to enter the Beecher Creek Detention Facility does not
exceed the available excess capacity of the facility. The Town Engineer
may also utilize hydrologic modeling to evaluate the structure's
response to the increased stormwater volume. The Town Engineer will
provide the Town of Elmira Code Enforcement Officer and Town of Elmira
Town Board with recommendations concerning the acceptability of the
proposed stormwater management plan. All costs incurred by the Town
of Elmira for review shall be reimbursed to the Town by the developer
before any building permit is issued.
A.
The Town of Elmira will collect a utilization fee from any developer
whose stormwater management plan for a development project utilizes
the Beecher Creek Detention Facility to manage increased stormwater
runoff. This fee will be paid prior to issuance of a building permit
by the Town.
B.
The amount of the utilization fee for the Beecher Creek Detention
Facility prior to any expansion is $25,641 per acre-foot or $0.59
per cubic foot of increased stormwater volume.
C.
If the Beecher Creek Detention Facility is expanded, the utilization
fee will be determined using the following formula:
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Utilization fee =
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Cost of facility x increased stormwater volume
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Constructed capacity
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Where:
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Cost of Facility = the cost of the Beecher Creek detention project.
This includes design, construction, and expansion of the Beecher Creek
Detention Facility. This cost is $440,000 for initial design and construction
of the facility plus the cost of any subsequent expansion.
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Increased stormwater volume = the storage capacity that will be utilized by the development project, determined using one of the procedures specified in § 187-7 of this article.
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Constructed capacity = the initial constructed capacity of the
Beecher Creek Detention Facility of 17.16 acre-feet or 747,490 cubic
feet (as specified in the as-built drawings for the Beecher Creek
Detention Facility) plus the additional capacity enabled by any subsequent
expansion of the facility.
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This article shall be enforced by the Town of Elmira Code Enforcement
Officer, in consultation with the Town Engineer. Decisions made by
the Code Enforcement Officer can be appealed to the Town of Elmira
Planning Board, which shall hear and decide any appeals.
