[Adopted 11-13-2007 by L.L. No. 7-2007]
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Village of Walden 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:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITIES
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.
DEPARTMENT
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTIONS
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.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
252-5 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains owned or operated by the
Village of Walden and designed or used for collecting or conveying
stormwater and which is not a combined sewer and which is not part
of a publicly owned treatment works (POTW), as defined at 40 CFR 122.2.
PERSON
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.
POLLUTANT
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
or 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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
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.
B.
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.
C.
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 EPA 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.
D.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER
The Building Inspector, the Municipal Engineer or other employee
designated by the Village Manager to enforce this article. The Stormwater
Management Officer 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.
303(d) LIST
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 (TMDL)
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.
WASTEWATER
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) 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 Stormwater Management Officer as may be authorized
by the municipality.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is one that has one or more of
the following conditions:
A. The backup of sewage into a structure.
B. Discharges of treated or untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F. Contamination of off-site groundwater.
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.
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 are 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 three 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.
Any person receiving a notice of violation may appeal the determination
of the Stormwater Management Officer 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 Village Clerk
and mail a copy of its decision by certified mail to 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 Stormwater Management Officer 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
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.
[Adopted 11-27-2007 by L.L. No. 8-2007]
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for land development.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts flowing water continuously or periodically.
CLEAR-CUTTING
The removal of trees over eight inches in diameter measured
at four feet above ground level and includes the stripping of soil.
CLEARING
Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT
Where multiple construction activities are occurring, or
will occur, whether in stages or phases on a contiguous area.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
DRAINAGE
The gravitational movement of water or other liquids by surface
runoff or overland surface flow.
EROSION
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
EXCAVATION
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
FARM OPERATIONS
All activities and practices which contribute to the growing
or raising of crops, livestock and livestock products as a commercial
enterprise, including a commercial horse-boarding operation.
FILLING
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds, wetlands or watercourses.
FINAL STABILIZATION
When all soil-disturbing activities at the site have been
completed and a uniform perennial vegetative cover with a density
of 80% has been established or equivalent stabilization measures (such
as the use of mulches, riprap or geotextiles) have been employed on
all areas not permanently improved by pavement, concrete or structures.
GRADING
The alteration or reshaping of the surface or subsurface
conditions of land, lakes, ponds, wetlands or watercourses by excavation
or filling.
IMPERVIOUS SURFACE OR COVER
Those surfaces in the urban landscape which do not have a
permanent vegetative cover and/or cannot effectively infiltrate rainfall,
including but not limited to building rooftops, pavement, sidewalks,
driveways and roads with a surface of compacted dirt or gravel, asphalt
or concrete, decks and swimming pools.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance. Regulated land disturbance are activities as defined in §
252-21 of this article.
MULCHING
The application of a layer of organic material such as wood
chips, hay, pine bark or other material at a sufficient thickness
for the purpose of effectively controlling erosion.
PARCEL
A designated lot, tract or area of land to be used, disturbed,
developed or built upon as a unit.
REDEVELOPMENT
The reconstruction or modification to any existing, previously
developed land, regardless of use, which involves disturbance to soil
or its existing overlying cover.
SEDIMENT
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
SITE PREPARATION
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
STORMWATER MANAGEMENT OFFICER
The Building Inspector, Municipal Engineer or other employee
designated by the Village Manager to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board, and inspect stormwater management practices.
STRIPPING
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), that are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons that
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.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and bank,
and any area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater. For the purpose of this article, the term "watercourse"
shall be deemed to include ponds and lakes.
WETLANDS
Shall mean those wetlands as regulated by the New York State
Department of Environmental Conservation and/or the United States
Army Corps of Engineers.
The following activities are exempt from obtaining a permit pursuant to this article; however, such activities shall not be conducted in a manner that causes or results in soil erosion, sedimentation or a visible change in the quality of runoff as set forth in §
252-27 below.
A. Excavations for the basements and footings of single-family houses and for septic tank systems, wells and swimming pools attendant to single-family homes, excepting where those excavations are proposed in such locations as described under §
252-21A(1) and
(2) above. The area of excavation set forth herein shall be included in calculating the total amount of site disturbance for the purposes of compliance with §
252-21C and
D above.
B. Farm operations, as defined by Article 25-AA of the Agriculture and
Markets Law.
D. Activities of an individual engaging in home gardening by growing
flowers, vegetables or other plants primarily for use by that person
and his or her family.
E. Landscaping and horticultural activities in connection with an existing
structure that result in less than 11,000 square feet in aggregate
of disturbance.
F. Emergency activities immediately necessary to protect life, property
or natural resources.
G. Governmental activities, but only to the extent that such activities
are exempted from the provisions of this article or are otherwise
exempt pursuant to state law.
H. Repairs to stormwater management facilities authorized by the Stormwater
Management Officer.
A site plan approved pursuant to §
305-60 or a subdivision plat approved pursuant to Chapter
260 of the Code of the Village of Walden which also includes a separate erosion and sediment control plan meeting the requirements of this article, approved by the Planning Board, shall constitute an erosion and sediment control permit approved under this article.
Where a major or minor land development permit is required pursuant to §
252-21C or
D, an application shall be submitted to the Stormwater Management Officer which includes the following:
A. Eight copies of a land development application form.
B. An application fee, as set from time to time by resolution of the
Village Board. The fee shall be deemed a reasonable sum to cover the
costs of administration and shall in no part be returnable to the
applicant(s).
C. Eight copies of an erosion and sediment control plan or a stormwater
pollution prevention plan, or both, as may be required herein. Maps
and plans accompanying the application shall be prepared by an individual
authorized by the State of New York to prepare such plans, which may
include an architect, engineer or landscape architect licensed by
the State of New York or a certified professional in erosion and sediment
control.
D. An Environmental Assessment Form (EAF) pursuant to SEQRA prepared
and submitted by the applicant, unless the application concerns a
site plan or subdivision project already before the Planning Board
for which a SEQRA declaration has already been made.
In the event that an application requires the Village to incur
additional expenses for technical assistance in the review of an application,
the applicant shall pay the reasonable expenses incurred by the Village.
The applicant shall be notified of the expenses and shall deposit
said funds in escrow as necessary to cover the costs being incurred.
Upon the approval of this article by the Village Board, all
land development activities regulated under this article shall be
in conformance with the provisions set forth herein. It shall be a
violation of this article or for any permit issued thereof to either
cause or contribute to an impairment of aquatic resources, a degradation
of water quality, or to otherwise harm the natural resources of the
Village of Walden. More specifically:
A. There shall be no increase in turbidity that will cause a substantial
visible contrast to natural conditions of surface water.
B. There shall be no increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
usages.
C. There shall be no residue from oil and floating substances, or visible
oil film, or globules of grease.
D. No uncontrolled sedimentation shall occur from any land disturbance
which;
(1) Is not properly managed by appropriate erosion and sediment control
practices.
(2) Causes or may potentially cause an impairment to water quality.
E. There shall no increase in the peak rate of runoff which causes an
impairment to any stream, channel or drainage structure.
The following technical standards shall be used in the design
and installation of all erosion control, sediment control and stormwater
practices designed or installed under this article:
A. New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society),
2004, or the most current version or its successor (also referred
to as the "Erosion Control Manual").
B. New York State Stormwater Design Manual, latest edition (New York
State Department of Environmental Conservation).
C. Urban Hydrology for Small Watersheds (TR55) (USDA Natural Resource
Conservation Service).
D. Soil Survey of Orange County, New York (USDA Soil Conservation Service).
An erosion and sediment control plan shall be prepared in accordance
with the technical standards provided for herein and at a minimum
shall include the following information.
A. Existing features map(s), at a scale no smaller than one inch equals
50 feet, indicating:
(1) The boundaries of all parcels on which site preparation activities
are proposed to be undertaken.
(2) All public improvements within a distance of 200 feet of the parcel
on which site preparation activities are proposed to be undertaken,
the structures identified by their uses and capacities, and the roads
identified by their surface material and width of surface.
(3) All wetlands, greater than 4,000 square feet in size and any watercourses
located either on the site or within a distance of 100 feet of the
parcels on which site preparation activities are proposed to be undertaken.
(4) Existing topography at contour intervals of two feet referenced to
USGS datum.
(5) All sewer, water, gas and electric lines and all other utilities
within the parcels on which site preparation activities are proposed
to be undertaken.
(6) The location and description of all vegetation located within the
area of proposed disturbance and including the area within 100 feet
of the disturbance.
(7) The depth to bedrock on the site proposed for site preparation activities.
(8) The depth to permanent groundwater aquifers on the site proposed
for site preparation activities.
(9) The boundary of the one-hundred-year floodplain, together with wetland
boundaries.
B. Drainage computations to evaluate the peak rates and volumes of runoff
for the site in its predeveloped and post-developed conditions may
be required.
C. Development standards. All development plans, specifications and
timing schedules, including extensions of previously approved plans,
shall comply with the technical standards identified herein and shall
be designed for "newly graded" or "during construction" conditions.
In the event of conflict with this article, the requirements that
to the greater extent will serve to minimize erosion shall apply.
D. Site plan. A site plan shall be prepared, at a scale no smaller than
one inch equals 50 feet, which shows the proposed developed conditions
for the site and the proposed erosion and sediment control measures
including:
(1) The location of all excavation, filling and grading proposed to be
undertaken, identified as to the depth, volume and nature of the materials
involved.
(2) The location of all soil stripping or tree cutting, identified as
to the nature of vegetation affected.
(3) All areas where topsoil is to be removed, stockpiled and ultimately
placed.
(4) All temporary and permanent vegetation to be placed on the site,
identified as to plant type, size, quantity, location, seed mixture
and rate of application, as appropriate.
(5) The type, location and application rate of all mulch.
(6) All temporary and permanent drainage, erosion and sediment control
practices, including such practices as stormwater ponds and temporary
sediment basins, identified as to the type of facility, the materials
from which it is constructed, its specifications or manufacturer product
identification number, its dimensions and its capacity.
(7) The anticipated pattern of surface drainage during periods of peak
runoff, upon completion of site preparation and construction activities,
identified as to rate and direction of flow at all major points within
the drainage systems.
(8) The location of all roads, driveways, sidewalks, structures, utilities
and other improvements, including the finished grade of any proposed
structures.
(9) The final contours of the areas of the site affected by an action
requiring a permit in intervals of no greater than two feet.
E. Supporting calculations to demonstrate the suitability of erosion
and sediment control measures.
F. A construction schedule which is keyed to the site plan, indicating:
(1) When major phases of the proposed project are to be initiated and
completed.
(2) When major site preparation activities are to be initiated and completed.
(3) When the installation of temporary and permanent vegetation and drainage,
erosion and sediment control facilities are to be completed.
(4) The anticipated duration, in days, of exposure of all major areas
of site preparation before the installation of erosion and sediment
control measures.
G. An estimate of the costs of providing temporary and permanent vegetation
and drainage, erosion and sediment control facilities prepared by
a qualified individual as contained herein.
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 Walden to ensure that
the facility is maintained in proper working condition to meet design
standards and any other provisions established by this article. The
easement shall be recorded by the grantor in the office of the County
Clerk after approval by the Village Attorney of the Village of Walden.
As a condition of the approval of a land development permit,
the Stormwater Management Officer may require that a maintenance agreement
for the future operation and maintenance of one or more of the stormwater
management facilities proposed for the site, in a form acceptable
to the Village Attorney and binding on all subsequent landowners,
be executed and recorded in the office of the County Clerk as a deed
restriction on the property.
The following notations are to be included on all subdivision
and site plan erosion and sediment control plans and may be required
on erosion and sediment control plans prepared for major and minor
land development permits:
A. Road and drainage improvements.
(1) All topsoil to be stripped from the area being developed shall be
stockpiled not less than 200 feet from any body of surface water and
shall be immediately seeded with rye grass mixture with a quick germination
time.
(2) On all embankment fill slopes, topsoil shall be stripped at least
five feet wider than required for the embankment toe of slope. All
fill slopes shall be immediately stabilized using appropriate techniques
which meet the design criteria described in the New York Standards
and Specifications for Erosion and Sediment Control.
(3) Erosion and sediment control measures, including but not limited
to silt fencing, sediment traps, and check dams, shall also be employed
where necessary for supplementary erosion control measures.
(4) All cut slopes and embankment fills are to be immediately laid back
and stabilized using appropriate techniques which meet the design
criteria described in the New York Standards and Specifications for
Erosion and Sediment Control, which may include the following:
(a)
Grade to finished slopes.
(c)
Topsoiled with not less than four inches of suitable topsoil
material.
(d)
Seeded with perennial rye grass. Seed shall be applied at the
rate of not less than five pounds per 1,000 square feet.
(e)
Mulched with not less than one inch and not more than three
inches of straw (two tons per acre) and anchored in a suitable manner.
(5) Temporary on-site sedimentation basins for the immediate control
of erosion and sediment transport are to be provided when and where
required or ordered. The length, width and depth of such basins are
to be determined in the field in accordance with the New York Standards
and Specifications for Erosion and Sediment Control.
(6) All erosion control structures are to be maintained in proper functioning
order and are to be replaced or repaired as necessary.
B. General.
(1) Construction equipment shall not unnecessarily cross live streams
except by means of bridges and culverts or other approved methods.
(2) Wherever feasible, natural vegetation should be retained and protected.
(3) Only the smallest practical area of land should be exposed at any
one time during development.
(4) Erosion control requirements shall include surface stabilization
measures applied as soon as practicable in portions of the site where
construction activities have temporarily or permanently ceased, but
in no case more than seven days after the construction activity in
that portion of the site has temporarily or permanently ceased. From
November 1 through March 31, any disturbed area must be stabilized
using a heavy mulch layer, a rolled erosion control product or another
method that does not require seed germination to control erosion.
(5) The permanent final vegetation and structures shall be installed
as soon as practical and as may be directed by the Stormwater Management
Officer or Village Engineer.
(6) All erosion control measures employed during construction shall comply
with the standards found in New York Standards and Specifications
for Erosion and Sediment Control, latest edition.
(7) Phasing shall be required on all sites disturbing greater than five
acres, with the size of each phase to be established by the Planning
Board or Stormwater Management Officer.
The standards and requirements contained herein shall be applied
in reviewing and approving all permits pursuant to this article.
A. An erosion and sediment control plan shall seek to return the quality
of the stormwater leaving the site to its predisturbance condition
to the maximum extent practicable.
B. Excavation, filling, grading and stripping shall be permitted to
be undertaken only in such locations and in such a manner as to minimize
the potential of erosion and sediment and the threat to the health,
safety and welfare of neighboring property owners and the general
public. Alterations of grade or disturbances to the natural vegetative
cover on slopes greater than 30% shall be avoided.
C. Site preparation and construction shall be fitted to the vegetation,
topography and other natural features of the site and shall preserve
as many of these features as feasible.
D. The control of erosion and sediment shall be a continuous process
undertaken as necessary prior to, during and after site preparation
and construction.
E. The smallest practical area of land shall be exposed by site preparation
at any given time.
F. Mulching or temporary vegetation suitable to the site shall be used
where necessary to protect areas exposed by site preparation, and
permanent vegetation which is well adapted to the site shall be installed
as soon as practical.
G. Where slopes that have been exposed or regraded during site preparation
are to be revegetated, the slopes shall not be of such steepness that
vegetation cannot be readily established or that problems of erosion
or sediment may result.
H. Site preparation and construction shall not cause a permanent adverse
effect on the free flow of water by encroaching on, blocking or restricting
watercourses.
I. All fill material shall be of a composition suitable for the ultimate
use of the fill, free of rubbish and brush, stumps, tree debris, rocks,
frozen material and soft or easily compressible material.
J. Fill material shall be compacted sufficiently to prevent problems
of erosion, and where the material is to support structures, it shall
be compacted to a minimum density of 90% of modified proctor with
proper moisture control.
K. All topsoil that is excavated from a site shall be stockpiled and
used for the restoration of the site, and such stockpiles, where necessary,
shall be seeded or otherwise treated to minimize the effects of erosion.
Topsoil is not to be removed or sold from the site unless restoration
has been completed.
L. Prior to, during and after site preparation and construction, an
integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope instability and adverse effect
on neighboring property owners.
M. The natural drainage system shall generally be preserved in preference
to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
N. All drainage systems shall be designed to handle adequately the anticipated
flows, both within the site and from the entire upstream drainage
basin, so as to achieve no net increase in peak rate of runoff from
the site.
O. Sufficient grades and drainage facilities shall be provided to prevent
the ponding of water, unless such ponding is proposed by the approved
site plan, in which event there shall be sufficient water flow to
maintain proposed water levels and to avoid stagnation.
P. There shall be provided, where necessary to minimize erosion and
sediment, such measures as benches, berms, terraces, diversions, temporary
sediment basins and retention basins. During the course of construction,
where the Stormwater Management Officer or Village Engineer determines
that additional erosion control measures are needed, they shall be
provided by the project owner at no cost to the Village of Walden.
Q. Drainage systems, plantings and other erosion or sediment control
devices shall be maintained as frequently as necessary to provide
adequate protection against erosion and sediment and to ensure that
the free flow of water is not obstructed by the accumulation of silt,
debris or other material or by structural damage.
R. Wherever possible, clean water shall be diverted around any areas
of disturbance.
S. For any proposed grades planned to have a slope greater than 3H:1V,
the design engineer shall provide calculations documenting that the
slope will be stable as designed. Slope stability should be demonstrated
by two-dimensional limiting equilibrium methods such as the Bishop
Simplified Method. Further, the analysis should include an evaluation
of seasonal high groundwater conditions, including subsurface investigations
if deemed necessary, to assure that the slope will remain stable in
"worst case" conditions.
T. The exposure of an area by site preparation shall be kept to the
shortest practical period of time prior to the construction of structures
or improvements or the restoration of the exposed areas to an attractive
natural condition. The developer shall initiate stabilization measures
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than seven days after the construction activity in that portion
of the site has temporarily or permanently ceased; except where the
initiation of stabilization measures by the seventh day after construction
activity temporarily or permanently ceased is precluded by snow cover
or frozen ground conditions, stabilization measures shall be initiated
as soon as practicable.
A copy of all notices of intent and all contractors' certifications
required pursuant to the New York State General Permit for Stormwater
Discharges from Construction Activity, Permit No. GP-02-01, for all
land disturbances, development or redevelopment located within the
Village of Walden shall also be filed with the Walden Planning Board.
The Village of Walden 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.
Inspection programs shall be established on any reasonable basis,
including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
The Village of Walden Stormwater Management Officer may require
monitoring and reporting from entities subject to this article as
are necessary to determine compliance with this article.
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 Walden 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 Walden may draw upon the account to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
Where one or more of the requirements contained herein are not
requisite in the interest of health, safety or general welfare or
will provide information extraneous to the issuance of a permit, then
one or more of the requirements may be waived by either the Planning
Board or the Stormwater Management Officer, whichever shall have original
jurisdiction.
Where this article imposes greater restrictions than are imposed
by the provision of any law, ordinance, regulation or private agreement,
this article shall control. Where greater restrictions are imposed
by any law, ordinance, regulation or private agreement than are imposed
by this article, such greater restrictions shall control.
Any person aggrieved by an order or decision issued pursuant
to this article may seek review by the Walden Zoning Board of Appeals
and then may seek judicial review pursuant to Article 78 of the Civil
Practice Law and Rules in the Supreme Court for the County of Orange.
Such appeals shall be filed within 30 days after the date of a determination
on the issuance of a permit, or in the case of a decision by the Planning
Board, the filing of the particular order or decision with the Walden
Village Clerk.