[HISTORY: Adopted by the Board of Trustees of the Village
of Mamaroneck 3-22-2010 by L.L. No. 10-2010, effective 5-4-2010. Amendments
noted where applicable.]
Due to its location, the Village of Mamaroneck is faced with
great challenges relative to the management of stormwater and the
prevention of flooding and there is a pressing need for additional
and innovative stormwater management. It has been determined by the
New York State Department of Environmental Conservation that uncontrolled
drainage and runoff associated with land development has a significant
impact upon the health, safety and welfare of the community, specifically
that:
A.
Improperly managed stormwater can increase the incidence of flooding
and the levels of floods which occur, endangering property and human
life;
B.
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;
C.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
D.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
E.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
F.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
G.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
H.
Stormwater runoff, soil erosion and non-point source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
I.
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;
J.
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;
K.
The Village of Mamaroneck, as the community at the bottom of the
watershed, is faced with additional challenges relative to the management
of stormwater runoff in that the floodway and overall floodplain receives
significant contributions from the upstream communities. For this
reason, certain unique approaches to the management of stormwater,
especially within the one-hundred-year floodplain, as well as carefully
regulated management practices outside of the floodplain, need to
be implemented.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The purpose of this chapter 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 § 294-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of Minimum Measures 4 and 5 of the State Pollution
Discharge Elimination System (SPDES) General Permit for Stormwater
Discharges from Municipal Separate Stormwater Sewer Systems (MS4s),
Permit No. GP-0-10-002, or as amended or revised;
B.
Require all 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-0-10-001, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
D.
Require calculation for stormwater detention and retention on existing
properties with proposed improvements/modifications by a licensed
engineer to upgrade the stormwater management practices on these properties,
by requiring property owners to upgrade stormwater management systems
in accordance with the requirements of this chapter and subject to
the approval of the Stormwater Management Officer (SMO), in connection
with the construction of an addition to an existing structure or other
land-disturbing activity so that stormwater management practices for
the entire site (including retention, detention, runoff and discharge
into a public storm drain) are in full compliance with this chapter;
E.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
F.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable;
G.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint-source
pollution from land development or land-disturbing activities, and
ensure that these management practices are properly maintained and
eliminate threats to public safety wherever possible, through stormwater
management practices;
H.
Control erosion and sedimentation from land development or land-disturbing
activities so as to prevent it from being deposited in streams, brooks,
rivers, watercourses and other receiving water bodies;
I.
Facilitate the removal of pollutants in stormwater runoff so as to
perpetuate the natural biological and recreational functions of streams,
rivers, water bodies and wetlands;
J.
Regulate discharge of pollutants to the MS4 and promote public awareness
of the hazards of the improper discharge of pollutants into the MS4.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Board of Trustees of the Village of
Mamaroneck has the authority to enact and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Village of Mamaroneck and for the protection and enhancement of its
physical environment. The Board of Trustees of the Village of Mamaroneck
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.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
A.
This chapter shall be applicable to all land development activities as defined in § 294-6 which are not otherwise exempt pursuant to § 294-5.
(1)
All land development activities resulting in land disturbance of
1,000 square feet or more shall be required to submit a stormwater
pollution prevention plan (SWPPP) meeting all the requirements of
this chapter.
(2)
All land development activities resulting in land disturbance of more than 200 square feet but less than 1,000 square feet shall be required to submit a stormwater management, erosion, sediment and pollution control plan, including supporting calculations. The postconstruction stormwater runoff controls in § 294-8B(2) shall apply.
B.
Review of stormwater pollution prevention plans and stormwater management,
erosion, sediment and pollution control plans.
(1)
The Village Engineer or other individual designated by the Village
Manager shall be designated as the local Stormwater Management Officer
(SMO) who shall accept and review all stormwater pollution prevention
plans (SWPPP) and stormwater management, erosion, sediment and pollution
control plans and forward such plans to the applicable local land
use board. The Stormwater Management Officer may:
(2)
In either case, said SWPPP or stormwater management, erosion, sediment
and pollution control plan shall be certified by a licensed professional
under the employ of the applicant.
C.
All land development activities subject to review and approval by
any Village board of the Village of Mamaroneck under the Village's
Code shall be reviewed subject to the standards contained in this
chapter. The SMO shall carry out such review.
D.
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) or stormwater management, erosion, sediment and pollution control plan as required to the Stormwater Management Officer who shall approve the SWPPP or plan if it complies with the requirements of this chapter.
E.
Waivers. Upon written request from an applicant, and upon recommendation
of the SMO specifically identifying the reasons therefor, the Village
Manager may grant a waiver, in writing, from any requirements of this
chapter. The Village Manager may utilize the services of a consulting
engineer to review such requests. Waivers may only be granted where
the application meets the following criteria, based upon information
submitted by the applicant and reviewed by the SMO:
(1)
Special circumstances applicable to the subject property, its intended
use, or the scope of the project. Examples of special circumstances
may include site constraints such as rock and/or groundwater, the
potential for disturbing contaminated areas of the site, or the potential
for exposing aged Village infrastructure where same can be unsafe
and/or detrimental to the Village.
(2)
A waiver may only be granted where the applicant has demonstrated
to the satisfaction of the SMO and the Village Manager that the granting
of such waiver shall not:
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The following activities may be exempt from review under this
chapter:
A.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
B.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
C.
Cemetery graves.
D.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
E.
Emergency activity immediately necessary to protect life, property
or natural resources as determined by the SMO.
F.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
G.
Landscaping and horticultural activities in connection with an existing
structure.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
Certain definitions set forth herein are taken from the Design Manual
and/or Erosion Control Manual and are technical in nature and intended
for use by engineers and other professionals who are engaged in the
design of stormwater facilities.
Any work on an existing structure that changes the external
dimensions of such structure.
Any property facing a work site across any right-of-way,
street or highway shall be deemed adjoining property, as well as any
property contiguous on any side.
The postdevelopment peak flow rate(s) has increased by more
than 5% of the predeveloped condition for the design storm of interest
(e.g., 25 years and 100 years).
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The sizing criteria that can be achieved in redevelopment projects through a variety of approaches as outlined in Chapter 9 of the New York State Stormwater Management Design Manual.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
Stormwater management practices that are outlined in this
chapter for potential application in redevelopment scenarios and are
designed and implemented in accordance with the recommendations in
this chapter.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
A property owner or agent of a property owner who has filed
an application for a land development activity.
Employees or a designee of the municipal agency designated
to enforce this chapter.
Schedule of activities, prohibitions, general housekeeping
practices, pollution prevention and educational practices, maintenance
procedures and other practices to prevent or reduce the discharge
of other pollutants directly or indirectly to stormwater, receiving
waters or stormwater conveyance systems; procedures and methods pertaining
to construction activities which are intended to minimize water pollution,
retain valuable topsoil and prevent erosion and sedimentation and
include, but are not limited to, those practices contained in the
most recent versions of the New York State Stormwater Management Design
Manual and the New York Standards and Specifications for Erosion and
Sediment Control. BMPs are to be complied with on all plans submitted
with an application for a stormwater management and erosion and sediment
control permit regardless of the size of the land disturbance.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The most recent editions of a series of manuals published
by the State of New York, consisting of various volumes on best management
practices for certain described activities and, specifically, the
publications titled "New York State Stormwater Management Design Manual"
dated August 2010 as may be amended or revised (the "Design Manual"),
and the "New York Standards and Specifications for Erosion and Sediment
Control" dated August 2005, or as may be amended or revised (the "Erosion
Control Manual").
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
The Clean Water Act of 1977 (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
An authorization for the connection as well as the discharge
permitted under this chapter, as well as a discharge permitted under
an SPDES permit, waiver, or waste discharge order issued by the NYSDEC.
This permit is subject to special terms and conditions set by the
Village or its designated consultant. This permit expires on or before
the expiration of the NYSDEC SPDES permit, waiver or order or upon
changes of ownership or use of the property.
Includes activities subject to NYSDEC permits and SPDES permits
or activities covered by erosion and sediment control and pollution
prevention laws. These activities include construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
The New York State Department of Environmental Conservation
(NYSDEC).
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The New York State Department of Environmental Conservation
(NYSDEC) Stormwater Management Design Manual, most recent version
including applicable updates, that serves as the official guide for
stormwater management principles, methods and practices.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
A practice to store stormwater runoff by collection as a
temporary pool of water and provide for its gradual (attenuated) release;
a practice which is used to control peak discharge rates and which
provides gravity settling of pollutants.
A person who undertakes land development activities.
To make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site,
the clearing of vegetation, grading, earth moving, providing utilities
and other services such as parking facilities, stormwater management
and erosion control systems, altering landforms or construction of
a structure on the land.
Any person or entity, permitted by law or not, that is releasing,
emptying, conveying or unloading fluids and materials, including but
not limited to hazardous materials and illicit discharges, as defined
by this chapter, into the municipal storm sewer system.
Any governmental agencies, including but not limited to the
New York State Department of Environmental Conservation, the Westchester
County Department of Health and the Village of Mamaroneck Police and
Fire and other appropriate Village departments.
The removal of soil particles by the action of water, wind,
ice or other meteorological or geological agents.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
The vertical location of the existing ground surface prior
to excavation or filling.
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the site development
plan.
For a given flood event, that area of land temporarily covered
by water which adjoins a watercourse. Land within the floodplain is
property within the one-hundred-year flood boundary as shown on Flood
Insurance Rate Map (FIRM) dated September 28, 2007, for the Village
of Mamaroneck, as issued by the Federal Emergency Management Agency
(FEMA), as amended from time to time.
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
Poorly/open graded angular crushed stone used for stormwater
storage and/or infiltration practices, including: A) aggregate consisting
of mixed sizes of one-fourth-inch to three-inch particles which normally
occur in or near old streambeds and have been worn smooth by the action
of water; and B) a soil having particle sizes, according to the Unified
Soil Classification System, ranging from the No. 4 sieve size angular
in shape as produced by mechanical crushing. NYSDOT road subbase material
shall be considered impervious. The Village Engineer shall provide
technical guidance related to hydrologic modeling (e.g., curve numbers)
for gravel surfaces, trenches, beds, reservoirs, etc. This includes
subsurface gravel installed beneath pervious pavers, porous pavement
and other similar green infrastructure and standard stormwater management
practices.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
In the context of stormwater management, the term "green
infrastructure" includes a wide array of practices at multiple scales
to manage and treat stormwater, maintain and restore natural hydrology
and ecological function by infiltration, evapotranspiration, capture
and reuse of stormwater, and establishment of natural vegetative features.
On a regional scale, green infrastructure is the preservation and
restoration of natural landscape features, such as forests, floodplains
and wetlands, coupled with policies such as infill and redevelopment
that reduce overall imperviousness in a watershed or ecoregion. On
the local scale green infrastructure consists of site- and neighborhood-specific
practices and runoff reduction techniques. Such practices essentially
result in runoff reduction and/or establishment of habitat areas with
significant utilization of soils, vegetation, and engineered media
rather than traditional hardscape collection, conveyance and storage
structures. Some examples include green roofs, trees and tree boxes,
pervious pavement, rain gardens, vegetated swales, planters, reforestation,
and protection and enhancement of riparian buffers and floodplains.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
An illicit connection is defined as any of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm sewer system,
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 storm sewer system;
Any connections to the storm sewer 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;
Any drain or conveyance connected from a commercial or industrial
land use to the storm sewer system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Any discharge through an unauthorized connection, including
a direct or indirect nonstormwater discharge to the storm sewer system,
except as exempted in this chapter.
Those surfaces in the urban landscape that cannot effectively
infiltrate rainfall consisting of building rooftops, pavement, sidewalks,
driveways. Steep slopes and compact soils are not typically included
as impervious cover. This definition includes well/close graded material
meeting the specifications for New York State Department of Transportation
(NYSDOT) road subbase material (formerly known as "Item 4"). NYSDOT
road subbase material shall be considered impervious. Decks constructed
above the ground surface that allow one-hundred-percent pass-through
of stormwater to the ground surface below said decks shall be considered
to be permeable.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
Surfaces such as, but not limited to, pavement, walks, patios,
terraces, decks, rooftops, gravel surfaces, NYSDOT road subbase material
(formerly known as "Item 4") and other well/close graded material,
tennis courts and swimming pools, which prevent or inhibit the percolation
of water into the soil.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
A practice designed to promote the recharge of groundwater
by containment and concentration of stormwater into porous soils.
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.
Any construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that could potentially result
in soil erosion and/or any change in movement of stormwater on the
site.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
Any change to land which may result in soil erosion from
water or wind and the movement of soil into water or onto lands, alteration
of a drainage system, or increased runoff of waters, including, but
not limited to, clearing, grading, excavating, transporting and filling
of land.
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.
An engineer duly licensed by the New York State Department
of Education to practice engineering.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Any permit or license issued by the Village of Mamaroneck,
including, but not limited to, building, grading, demolition, clearing,
topsoil removal, excavation, tree removal, and special use permits,
and subdivision and site plan approval.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
storm drains, stormwater basins, drainage reserve areas, dry wells
and/or any other component of a stormwater system) that is owned and/or
operated by the Village or another municipal entity, designed and/or
used for collecting, conveying, storing, infiltrating, or managing
stormwater, which is not a combined sewer and which is not part of
a publicly owned treatment works as defined at 40 CFR 122.2.
A permit issued by the Environmental Protection Agency (EPA)
or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)
that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group,
or general area-wide basis.
Any construction or disturbance of a parcel of land that
is currently undisturbed or unaltered by human activities and in a
natural state.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
Any discharge to the storm sewer system that is not composed
entirely of stormwater.
The terminus of a storm drain where the contents are released.
A permanent structure placed at the discharge point of a
stormwater conveyance system designed to control discharge of stormwater
from the system.
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm event.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The maximum rate of flow of water at a given point and time
resulting from a storm event.
The reduction of the peak discharge of stormwater runoff
by detention and gradual release of that storage.
Any corporation, partnership, association, trust, estate,
or any other entity recognized by law and acting as either the owner
or the owner's agent, including state and local governments and agencies,
authorities, or other political subdivisions thereof, and one or more
individuals.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Anything that causes or contributes to pollution. Pollutants
that may cause or might reasonably be expected to cause pollution
of the waters within New York State may include, but are not limited
to, dredged soil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, hazardous materials,
heat, wrecked or discarded equipment, rock, sand, industrial and agricultural
waste, ballast discharged into water, paints, varnishes and solvents,
oil and other automotive fluids, nonhazardous liquid, yard waste,
refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations so that same may cause or contribute to
pollution, floatables, pesticides, herbicides, particulate metals,
animal waste, waste and residue resulting from constructing a building
or structure and noxious or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking areas
wholly within the property boundaries of a particular site.
All structures on a premises used for the primary use of
said premises, including all garages, workshops, basements, pools,
cabanas, but excluding sheds used exclusively for incidental storage.
Any land development activity and/or other construction associated
with such land development
The replenishment of underground water reserves through infiltration.
Reconstruction or modification to any existing, previously
developed land such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to constructed areas with impervious
surface.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
A project that undergoes redevelopment. The project area
can be entirely under redevelopment or the project area can be a combination
of redevelopment and new development.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
A practice designed to store stormwater runoff by collection
as a permanent pool or tank of water without release except by means
of evaporation, infiltration, or attenuated release when runoff volume
exceeds the permanent storage capacity of the permanent pool or tank.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and 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.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The use of practices that prevent exposed soil from eroding.
A standard stormwater management practice that appears in Chapter 3 of the New York State Department of Environmental Conservation Stormwater Management Design Manual, sized in accordance with Chapter 4 or 10, and designed in accordance with Chapter 6 or 10 of the Design Manual.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of utilities, streets and walkways; excavation for basements,
footings, piers, or foundations; erection of temporary forms; and
the installation of temporary or accessory buildings such as construction
sheds or trailers and garages.
An order issued which requires that all construction activity
on a site be stopped.
A flood event which statistically has a 0.2% chance of being
equaled or exceeded in any given year.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
A flood event which statistically has a 1% chance of being
equaled or exceeded in any given year.
[Added 10-23-2023 by L.L. No. 17-2023, effective 11-17-2023]
An authorization for the connection to the MS4 and the discharge of stormwater, or authorized nonstormwater, under § A348-8B(11), from all properties.
Any surface flow, runoff, and/or subsurface drainage consisting
entirely of water from any form of natural precipitation and resulting
from such precipitation.
Structures such as dry wells, catch basins, piping, storm
drains and detention/retention basins designed to control and manage
the flow of stormwater.
Publicly owned facilities on public land or privately owned
facilities on private land by which stormwater is collected and/or
conveyed, including, but not limited to, any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other stormwater appurtenances
to control and manage the flow of stormwater.
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.
A plan prepared or certified by a New York State licensed
engineer. These plans shall indicate the specific measures and sequencing
to be used in controlling erosion, sediment and pollution on a development
site during and after construction, showing the proposed use of the
site and showing the methods, techniques and improvements that will
be employed to control erosion, sedimentation and pollution, which
shall employ best management practices.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The Village Engineer of the Village of Mamaroneck, and/or
his designated agent(s) or other individual designated by the Village
Manager, who will review stormwater pollution prevention plans, forward
the plans to the applicable municipal board when necessary and inspect
stormwater management practices.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
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.
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.
Any project or series of projects taken cumulatively for
the preceding ten-year period whose cost equals or exceeds 50% of
the value of the primary structure(s) on said property at the beginning
of the first such project as represented in the Village of Mamaroneck
Assessment rolls and/or any such project(s) within the same ten-year
period which results in 50% or more of the gross floor area of the
primary structure(s) on said property being changed and/or renovated.
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.
Any project or series of projects taken cumulatively for
the preceding ten-year period whose cost equals or exceeds 50% of
the value of the primary structure(s) on said property at the beginning
of the first such project as represented in the Village of Mamaroneck
Assessment rolls and/or any such project(s) within the same ten-year
period which results in 50% or more of the gross floor area of the
primary structure(s) on said property being changed and/or renovated.
A flood event which statistically has a four-percent chance
of being equaled or exceeded in any given year.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
The Village Engineer or consulting engineer appointed by
the Board of Trustees to function as the Village Engineer.
Any natural or artificial, intermittent, seasonal or permanent
and public or private water body or watercourse. A water body is intermittently,
seasonally or permanently inundated with water and contains a discernible
shoreline and includes ponds and lakes. A watercourse includes rivulets,
brooks, creeks, streams, rivers and other waterways flowing in a definite
channel with a bed and banks and usually in a particular direction.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
No person shall commence or carry out any activity subject to
the provisions of this chapter on any lot in the Village of Mamaroneck
without first obtaining a stormwater management and erosion and sediment
control permit from the SMO and complying with the requirements of
this chapter.
A.
Stormwater pollution prevention plan requirement. No application
for approval of any land development activity that results in the
disturbance of land greater than 1,000 square feet shall be reviewed
until the SMO and/or appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter.
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) at a scale not smaller than
one inch equals 50 feet, or as otherwise approved by the SMO, 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);
(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)
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)
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 closeout;
(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 sitting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
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)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
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
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Postconstruction runoff controls for new development and redevelopment
projects.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014; 10-23-2023 by L.L. No.
17-2023, effective 11-17-2023]
(a)
For all projects that will result in an increase in the building
coverage or the area of impervious surface on the site and are anticipated
to cost 25% or more of the value of the improvements on the property
at the time of the application, the stormwater calculation must base
the pre-development runoff on the unimproved lot area and the post-development
runoff on the area of all existing and proposed improvements.
(b)
All construction activities for new development resulting in
a land disturbance greater than 200 square feet and less than 2,000
square feet must include stormwater quantity controls as described
in the Design Manual, to attenuate the post-development one-hundred-year
design storm, twenty-four-hour peak discharge rate (Qf) to predevelopment
rates.
(c)
All construction activities resulting in a land disturbance greater than 2,000 square feet and less than one acre must include stormwater quality and quantity controls (postconstruction stormwater runoff controls) as set forth in § 294-9 and described in the Design Manual to provide treatment of the water quality volume (WQv) through runoff reduction and to attenuate the post-development one-hundred-year design storm, twenty-four-hour peak discharge rate (Qf) to predevelopment rates.
(d)
All construction activities for new development resulting in a land disturbance greater than one acre must include stormwater quality and quantity controls (post-construction stormwater runoff controls) as set forth in § 294-9 and described in the Design Manual to provide treatment of the water quality volume (WQv) through runoff reduction, and to attenuate the post-development one-, ten- and one-hundred-year design storms, twenty-four-hour peak discharge rate (Qf) to predevelopment rates.
(e)
Additionally, stormwater runoff from land development and redevelopment 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 must comply with the requirements for post-construction stormwater control as outlined in Subsection B(2)(d) above.
(f)
All construction activities that meet the "redevelopment project" criteria must comply with items in Subsection B(2)(a) through (e) above, including "Chapter 9: Redevelopment Projects" of the Design Manual. The sizing criteria described in Chapter 9 cannot be used to address runoff from new development. If a construction project includes both new development and redevelopment, the stormwater management practices for the new development portion of the project must be designed in accordance with the sizing criteria in Chapter 4 of the Design Manual, and the redevelopment portion of the project is subject to the sizing criteria in Section 9.3.2 of the Design Manual.
(3)
SWPPP requirements:
(b)
Description of each postconstruction stormwater management practice
(practices shall be as approved in Chapter 4 of the New York State
DEC Stormwater Design Manual);
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions;
(f)
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice;
(g)
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;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management practices in accordance with § 294-9 of this chapter;
(j)
The SWPPP shall be prepared by a New York State licensed professional
engineer, certified professional in erosion and sediment control (CPESC),
or licensed landscape architect 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 chapter.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
(4)
Construction activities which include the installation of underground,
linear utilities, such as gas lines, fiber-optic cable, cable TV,
electric, telephone, sewer mains, and water mains, require the preparation
of a SWPPP that only includes erosion and sediment controls, as defined
in Appendix B of the NYSDEC SPDES GP 0-10-001. The provisions of this
section shall only apply to projects that do not result in the addition
of impervious surfaces and/or do not alter hydrology.
[Added 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
C.
Exceptions. Construction and development activities as annotated
above may be excepted from the on-site stormwater quantity requirements
only, if they meet any of the following criteria:
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
(1)
The site discharges directly to tidal waters or fifth order (fifth
downstream) or larger streams as defined in the Design Manual.
(2)
Peak flow rates increase by less than 5% (i.e. do not alter hydrology) of the predeveloped condition for the design storm (e.g. ten-year, twenty-five-year or one-hundred-year) and no downstream structures or buildings are impacted. Refer to § 294-8C(4) below.
(3)
In the opinion of the SMO, the detention and/or retention of stormwater
on such site would exacerbate flooding on the property and/or contribute
to an increase in the one-hundred-year floodplain.
(4)
If the applicant can show by the results of a downstream analysis,
to the satisfaction of the SMO, that the release of stormwater from
the site, without said detention and/or retention, will not have an
adverse effect on any downstream properties. The Village Engineer
shall require a hydrologic and hydraulic watershed analysis in accordance
with Section 4.10 of the NYSDEC Stormwater Management Design Manual.
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 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 SMO shall provide a form for the contractor/subcontractor
certification statement which shall be signed and returned to the
SMO prior to any work taking place.
[Amended 9-22-2014 by L.L. No. 17-2014, effective 10-30-2014]
(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 chapter, 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 chapter:
B.
Equivalence to technical standards. 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 § 294-8, and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. 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 their
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 chapter. 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 § 294-6 of this chapter and meeting the conditions in § 294-8B(2)(a), (b) or (c), 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 inches of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
The applicant or developer or their 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.
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 Mamaroneck to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Village of Mamaroneck.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. 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 chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements. The Village of Mamaroneck 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 in a form acceptable
to the Village Attorney. The Village of Mamaroneck, 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 chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010[1]]
A.
Erosion and sediment control inspection.
(1)
The Village of Mamaroneck's Stormwater Management Officer(s) may
require such inspections as necessary to determine compliance with
this chapter 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 chapter and the stormwater pollution prevention
plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Village of Mamaroneck 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 Mamaroneck's
Stormwater Management Officer(s) are 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. Inspections may be performed
by the SMO(s), or the Village Manager, on consultation with the SMO(s),
may designate an inspector required to have a professional engineer's
(PE) license or certified professional in erosion and sediment control
(CPESC) certificate, as long as the designated inspector is required
to submit a report.
D.
Submission of inspection reports. The Village of Mamaroneck's Stormwater
Management Officer(s) may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
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 Mamaroneck the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 294-11C.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010]
A.
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 Mamaroneck
in its approval of the stormwater pollution prevention plan, the Village
of Mamaroneck 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 Mamaroneck as the beneficiary. The security shall be in an amount
to be determined by the Village of Mamaroneck 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 Mamaroneck, 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 (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 Village
of Mamaroneck. Per annum interest on cash escrow deposits shall be
reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Village of Mamaroneck 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 Mamaroneck
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Village of Mamaroneck may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010]
A.
Notice of violation. When the Village of Mamaroneck determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, 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 chapter 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.
B.
Stop-work orders. The Village of Mamaroneck may issue a stop-work
order for violations of this chapter. 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
Mamaroneck 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 chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
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 chapter
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.
E.
Withholding of certificate of occupancy or completion. If any building
or land development activity is installed or conducted in violation
of this chapter the Stormwater Management Officer(s) may prevent the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Village of Mamaroneck
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
[Added 6-14-2010 by L.L. No. 16-2010, effective 7-1-2010; amended 9-26-2023 by L.L. No. 16-2023, effective 10-2-2023]
Applicants undertaking land development activities regulated
by this chapter must pay the stormwater pollution prevention plan
application fee established by Appendix A347 (Fees) of this Code and
the reasonable costs at prevailing rates for review of SWPPPs, inspections,
or SMP maintenance performed by the Village of Mamaroneck or performed
by a third party for the Village of Mamaroneck.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such adjudication shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such adjudication shall have been rendered.
