[HISTORY: Adopted by the Town Board of the Town of Yorktown 10-19-2010 by L.L. No.
10-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 15.
Blasting and explosives — See Ch. 124.
Building construction and fire prevention — See Ch. 130.
Conservation areas — See Ch. 140.
Environmental quality review — See Ch. 161.
Flood damage prevention — See Ch. 175.
Freshwater wetlands — See Ch. 178.
Land development — See Ch. 195.
Illicit discharges, activities and connections — See Ch. 247.
Zoning — See Ch. 300.
[1]
Editor's Note: This local law also repealed former Ch.
248, Stormwater Management, adopted 5-4-2004 by L.L. No. 12-2004.
It is hereby determined that:
A.Â
Land development activities and associated increases in site impervious
cover often after the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.Â
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species:
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitats;
D.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater ronoff, thereby increasing
stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
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;
I.Â
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.
J.Â
Trees and
woodlands play a vital role in helping to stabilize soil, reducing
the risk of soil erosion and siltation in watercourses, and clogging
of drainage channels. Additionally, tree roots provide channels that
allow water infiltration, crucial to groundwater and reservoir recharge.
Woodlands are especially important in carrying out these functions,
not just because of the presence of trees, but because the presence
of canopy, shrub, and ground cover layers of vegetation. Therefore,
protecting the integrity of woodlands and their valuable functions
requires regulating the removal of any of these three layers in such
communities.
[Added 7-7-2020 by L.L. No. 7-2020]
It is the intent of the Town of Yorktown to establish minimum
stormwater management requirements and controls to safeguard persons,
protect property, prevent damage to the environment, and promote the
public welfare by guiding, regulating, and controlling the design,
use and maintenance of any development or other activity which disturbs
or breaks the surface of soil or results in the movement of earth
on land situated in the Town. This chapter seeks to meet those purposes
by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5 of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), as amended or revised;
B.Â
Require 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, as amended or revised;
C.Â
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.Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.Â
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
A.Â
Customary meanings. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Certain words or phrases used in this chapter shall be interpreted as defined below, and where ambiguity exists, words or phrases shall be interpreted so as to give this chapter its most reasonable application in carrying out the regulatory goals as stated in § 248-2.
B.Â
ADDITION
ADJACENT PARCEL
AGENT
AGRICULTURAL ACTIVITY
ALTERATION
APPLICANT
APPROVING AUTHORITY
BUILDING
BUILDING INSPECTOR
BUILDING PERMIT
CERTIFICATION
CERTIFIED CUBIC YARDS
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
CHANNEL
CLEARING
CONSTRUCTION ACTIVITY
DEDICATION
DESIGN MANUAL
DEVELOPER
DEVELOPMENT
DRAINAGEWAY
EROSION AND SEDIMENT CONTROL PERMIT
EROSION AND SEDIMENT CONTROL PLAN
EROSION CONTROL
EROSION CONTROL MANUAL
EXCAVATION
EXISTING GRADE
FILL
FINAL GRADE
FLOODWAY
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
NATURAL DRAINAGE
NONPOINT SOURCE POLLUTION
NYSDEC
PARCEL
PERIMETER CONTROL
PERMANENT VEGETATION
PERMTTTEE
PERMITTING AUTHORITY
PERSON
PHASING
POLLUTANT OF CONCERN
PROJECT
PROTECTED WOODLAND
QUALIFIED INSPECTOR
QUALIFLED PROFESSIONAL
RECHARGE
REMOVAL
SEDIMENT CONTROL
SENSITIVE AREAS
SITE
SITE DEVELOPMENT
SOIL STABILIZATION
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS
STABILIZATION
START OF CONSTRUCTION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
STRIPPING
SURFACE WATERS OF THE STATE OF NEW YORK
TEMPORARY STREAM CROSSING
TOWN ENGINEER
VARIANCE
WATERCOURSE
WATERWAY
WET SEASON
WOODLAND
WOODLAND DISTURBANCE
Defined phrases. As used in this chapter, the following terms shall
have the meanings indicated:
Any work on an existing structure that changes the external
dimensions of such structure.
All parcels contiguous to the subject parcel, as well as
all parcels downstream of the subject parcel within the natural or
actual drainageway or watercourse.
Any Town of Yorktown official who is designated to administer
and enforce this chapter.
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.
Any work on an existing structure that affects the interior
of the structure but does not change its external dimensions.
A property owner or agent of a property owner who has filed
an application for a land development activity.
The Planning Board, Town Board, Town Engineer or his/her
authorized representative, or other approving authority to whom oversight
of this chapter is given by the Town Board.
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.
The Building Inspector of the Town of Yorktown, or his/her
assistant.
A permit issued by the municipality for the construction,
erection, or alteration of a structure or building.
A formal attestation that the specific inspections and tests,
where required, have been performed and that such tests comply with
applicable requirements of this chapter.
The measurement used to determine the amount of material
in excavation and/or fill measured by the method of average end areas.
A person who has received training and is certified by CPESC
Inc. to review, inspect, and/or maintain erosion and sediment control
practices.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
Activity which disturbs or breaks the surface of soil or
results in the movement of earth, including but not limited to building,
clearing, grading, filling, excavation, stripping, removal of vegetation
and demolition.
[Added 7-7-2020 by L.L.
No. 7-2020]
The deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Any man-made change to unimproved real estate, including
but not limited to the building of other structures, mining, dredging,
filling, grading, paving, removal of vegetation, excavation, blasting
or drilling operations.
Any channel that conveys surface runoff throughout the site.
A permit issued by the Town of Yorktown for an approved erosion
and sediment control plan which allows for the construction or alteration
of ground improvements and structures for the control of erosion,
runoff and grading.
A plan or set of plans, prepared by a New York State licensed
engineer, architect, landscape architect, or certified professional
in erosion and sediment control (CPESC) or by the Westchester County
Soil and Water Conservation District, indicating the specific measures
and sequencing to be used to control sediment and erosion on a development
site both during and after construction.
A measure that prevents erosion.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried. uncovered,
removed, displaced, or spread, and shall include the resulting conditions.
The elevation of the existing ground surface prior to excavation
or filling.
Any act by which earth, sand, gravel, or other material is
deposited, placed, replaced, dumped, transported, or moved by man
to a new location.
The elevation of the ground or pavement surface after the
grading work is completed in accordance with the approved plan.
The channel of a river, stream, brook, or other watercourse
and the adjacent areas that must he reserved in order to convey the
one-hundred-year flood without cumulatively increasing the water surface
elevation more than one foot, as shown on the Federal Emergency Management
Agency Floodway Map.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area identified pursuant to requirements of Chapter 178 of the Town of Yorktown Town Code.
Construction activity, including clearing, grading, excavation.
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than 5.000 square feet of total land area that
is part of a larger common plan of development or sale, even though
multiple separate and distinct land development activities may take
place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Channels formed in the existing topography of the land prior
to changes made by human activities.
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.
New York State Department of Environmental Conservation.
All contiguous land under one ownership.
A barrier that prevents sediment from leaving a site by either
filtering sediment-laden runoff or diverting the runoff to a sediment
trap or basin.
Mature ground cover to control soil erosion satisfactorily
and to survive weather conditions.
Any person to whom a permit is issued.
The administrative board or public official empowered to
grant permits under this chapter.
Any individual, firm, or corporation (public or private),
the State of New York, and its agencies or political subdivisions,
and the United States of America, its agencies and instrumentalities,
and any agent, servant, or employee of the foregoing.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A woodland as defined herein that is 10,000 square feet or
greater in area regardless of individual property boundaries.
[Added 7-7-2020 by L.L.
No. 7-2020]
A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), or
licensed landscape architect, or other New York State Department of
Environmental Conservation (NYSDEC) endorsed individual(s). It also
means someone working under the direct supervision of the licensed
professional engineer or licensed landscape architect, provided that
person has training in the principles and practices of erosion and
sediment control. Training in the principles and practices of erosion
and sediment control means that an individual performing a site inspection
has received four hours of training, endorsed by the NYSDEC, from
a soil and water conservation district, CPESC Inc. or other NYSDEC
endorsed entity in proper erosion and sediment control principles
every three years.
A person who is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other NYSDEC endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an understanding
of the principles of hydrology, water quality management practice
design, water quantity control design, and, in many cases, the principles
of hydraulics in order to prepare a SWPPP that conforms to the NYSDEC's
technical standard. All components of the SWPPP that involve the practice
of engineering, as defined by the New York State Education Law (see
Article 145), shall be prepared by, or under the direct supervision
of, a professional engineer licensed to practice in the State of New
York.
The replenishment of underground water reserves.
Cutting vegetation to the ground or leaving it as stumpage;
complete extraction or killing by spraying.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, wetlands, watercourses and
water bodies, and habitats for threatened, endangered or special-concern
species.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation (would include
all phases of a single development).
Altering terrain and/or vegetation and any type of construction.
Measures that protect soil from the erosive forces of rain,
flowing water, and wind, including, but not limited to, vegetative
establishment, mulching, and the early application of gravel or stone
base on areas to be paved.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollution Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
such as tree cutting, clearing, grading, and filling; installation
of streets and walkways; excavation for basement, footings, piers,
or foundations; erection of temporary forms; and installation of accessory
buildings, such as garages.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Town of Yorktown
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
practices, and under this chapter, the duly appointed Town Engineer
or his/her designated representative.
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 activity which removes the vegetative surface cover,
including tree removal, clearing, and storage or removal of topsoil.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marches, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and 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.
A temporary structural span installed across a watercourse
for use by construction traffic. Structures may include, but are not
limited to, bridges, pipes, culverts, or fords.
The duly appointed Town Engineer or his/her designated representative,
and under this chapter, an employee or officer designated by the Town
of Yorktown to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
practices.
A grant of relief from the requirements of this chapter which
permits a person to undertake construction in a manner otherwise prohibited
by this chapter where specific enforcement would result in unnecessary
hardship.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
The period from October 15 to April 15 or as determined by
the Town Engineer.
A contiguous area of vegetation consisting of trees as the
dominant species along with an understory of shrubs and herbaceous
ground cover. The driplines of the outermost trees shall define the
boundary of the woodland. A protected woodland shall be deemed to
exist even if it has been degraded by invasive plant species.
[Added 7-7-2020 by L.L.
No. 7-2020]
Any activity which alters the existing structure of a protected
woodland. Alterations include the cutting or removal of any canopy
trees, understory shrubs, herbaceous woodland ground cover, as well
as the removal of humus or duff from the ground.
[Added 7-7-2020 by L.L.
No. 7-2020]
A.Â
General applicability. The regulations established in this provision
shall apply to all construction activities of 5,000 square feet and/or
all construction activities that move 50 cubic yards or more of soil
material within the Town of Yorktown, including any activity not physically
completed prior to the effective date of this chapter. As used in
this section, the term "physically completed" shall mean the actual
completion of construction activities related to a regulated activity,
including filling, erecting structures or other improvement or development
activities.
B.Â
Grandfathered projects. The provisions of this chapter shall not
apply to any land use, improvement or development that has been physically
completed prior to the effective date of this chapter.
C.Â
Current projects.
(1)Â
A regulated. activity that was approved prior to the effective date
of this chapter but which is not in conformity with the provisions
of this chapter may be continued subject to the following:
(a)Â
All such activities shall continue to be governed by the present
regulations of the Town of Yorktown.
(b)Â
No such activity shall be expanded, changed, enlarged or altered
without compliance with this chapter.
(c)Â
If such activity is discontinued for 12 consecutive months,
any resumption of the activity shall conform to this chapter.
(d)Â
If any such use or activity is destroyed by human activities,
a force of nature or an act of God, it shall not be resumed except
in conformity with the provisions of this chapter.
(2)Â
Activities or adjuncts thereof that are or become nuisances shall
not be entitled to continue.
No construction activity shall be conducted, unless identified in § 248-5A as an exempt activity, without a written permit from the approval authority and full compliance with the terms of this chapter and other applicable regulations.
A.Â
Exempt activities. The following uses shall be permitted as of right
to the extent that they are not prohibited or regulated by any other
law, ordinance, or regulation and to the extent that they do not constitute
a pollution or erosion hazard:
(1)Â
Normal lawn maintenance.
(2)Â
Agricultural activity as defined in this chapter.
(3)Â
Routine maintenance activities that are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
(4)Â
Grading of land in a uniform manner or other land disturbance activity
that is less than 5,000 square feet in area.
(5)Â
Alteration of the exterior of a building and alteration of a building,
provided that such exterior alteration does not increase land coverage.
(6)Â
Installation, renovation, or replacement of a septic system to serve
an existing dwelling or structure(s).
(7)Â
Any emergency activity which is immediately necessary to the protection
of life, property or natural resources.
(8)Â
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(9)Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
(10)Â
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.
(11)Â
Landscaping and horticultural activities in connection with
an existing structure. Such activities that disturb 5,000 square feet
or more of protected woodland are not exempted.
[Amended 7-7-2020 by L.L. No. 7-2020]
B.Â
Regulated activities subject to review of Planning Board. The Planning
Board is the approval authority for stormwater management and erosion
and sediment control applications in conjunction with the following:
C.Â
Regulated activities subject to review of the Town Board. The Town
Board is the approval authority for stormwater management and erosion
and sediment control applications in conjunction with the following:
D.Â
Regulated activities subject to administrative permit. The Town Engineer is the approval authority for any development that does not fall within Subsections B and C above and proposes to disturb 5,000 square feet or more in area or the movement of 50 cubic yards or more of material.
[Amended 7-7-2020 by L.L. No. 7-2020]
No application for approval of a land development activity shall
be reviewed until the appropriate board had received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter.
A.Â
Contents of stormwater pollution prevention plans.
(1)Â
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)Â
Background information about the scope of the project, including
the location, type and size of project, the name(s), addresses(s)
and phone number(s) of the owner(s) and/or developer(s).
(b)Â
Site map/ construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; area of disturbance; areas that
will not be disturbed; existing vegetation; location of protected
woodlands on the site to be disturbed; 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 different soil types with boundaries; material, waste, borrow or
equipment storage areas located on adjacent properties; sensitive
areas; and location(s) of the stormwater discharges(s). Site map should
be at a scale no smaller than one inch equals 100 feet e.g., one inch
equals 500 feet is smaller than one inch equals 100 feet).
[Amended 7-7-2020 by L.L. No. 7-2020]
(c)Â
Description of the soil(s) present at the site, including an
identification of the hydrologic soil group (HSG).
(d)Â
Construction phasing plan and sequence of operations 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)Â
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)Â
Temporary and permanent soil stabilization plan that meets the
requirements of the most current version of the technical standard,
New York State Standards and Specifications for Erosion and Sediment
Control, for each stage of the project, including initial land clearing
and grubbing to project completion and achievement of final stabilization.
(g)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(h)Â
Dimensions, material specifications, installation details, and
operation and maintenance requirements for all erosion and sediment
control practices, including the siting and sizing of any temporary
sediment basins and structural practices that will be used to divert
flows from exposed soils.
(i)Â
Description and location of any stormwater discharges associated
with industrial activity other than construction at the site, including,
but not limited to, stormwater discharges from asphalt plants and
concrete plants located on the construction site.
(j)Â
A description of the minimum erosion and sediment control practices
to be installed or implemented for each construction activity that
will result in soil disturbance. Include a schedule that identifies
the timing of initial placement or implementation of each erosion
and sediment control practice and the minimum time frames that each
practice should remain in place or be implemented.
(k)Â
An inspection schedule for the developer or the contractor(s)
that will be responsible for installing, constructing, repairing,
inspecting and maintaining the erosion and sediment control practices
included in the SWPPP to ensure continuous and effective operation
of the practices. The inspection schedule shall be in accordance with
the requirements in the most current version of the technical standard,
New York State Standards and Specifications for Erosion and Sediment
Control.
(l)Â
Identification of any elements of the design that are not in
conformance with the technical standard, New York State Standards
and Specifications for Erosion and Sediment Control. Include the reason
for the deviation or alternative design and provide information which
demonstrates that the deviation or alternative design is equivalent
to the technical standard.
(2)Â
Land development activities as defined in § 248-3 of this chapter that disturb one or more acres of land and are listed in § 248-6A(2)(a) through (w) below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) designed in conformance with the enhanced phosphorus removal standards in the New York State Stormwater Management Design Manual.
(a)Â
Single-family home construction;
(b)Â
Single-family residential subdivisions;
(c)Â
Multifamily residential developments, includes townhomes, condominiums,
senior housing complexes, and apartment complexes;
(d)Â
Airports;
(e)Â
Amusement parks;
(f)Â
Campgrounds;
(g)Â
Commercial developments;
(h)Â
Churches and other places of worship;
(i)Â
Construction of a barn or other agricultural building (e.g.,
silo) and structural practices as identified in Table II in the Agricultural
Management Practices Catalog for Nonpoint Source Pollution in New
York State that include the construction or reconstruction of impervious
area, excluding projects that involve soil disturbances of less than
five acres;
(j)Â
Golf courses;
(k)Â
Institutional facilities; includes hospitals, prisons, schools
and colleges;
(l)Â
Industrial facilities; includes industrial parks;
(m)Â
Landfills;
(n)Â
Municipal facilities; includes highway garages, transfer stations,
office buildings, POTWs and water treatment plants;
(o)Â
Office complexes;
(p)Â
Sports complexes;
(q)Â
Racetracks; includes racetracks with earthen (dirt) surface;
(r)Â
Road construction or reconstruction;
(s)Â
Parking lot construction or reconstruction;
(t)Â
Athletic fields (natural grass) that include the construction
or reconstruction of impervious area (greater than 5% of disturbed
area) or alter the hydrology from predevelopment to postdevelopment
conditions;
(u)Â
Athletic fields with artificial turf;
(v)Â
Permanent access roads or parking areas surfaced with impervious
cover, and substations constructed as part of an overhead electric
transmission line project, wind power project or cell tower project;
and
(w)Â
All other construction activities, not listed above, that include
the construction or reconstruction of impervious area and alter the
hydrology from predevelopment to postdevelopment conditions.
(3)Â
SWPPP requirements for land development activities that are subject to § 248-6A(2):
(b)Â
Description of each postconstruction stormwater management practice;
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)Â
A detailed summary (including calculations) of the sizing criteria
that was used to design all postconstruction stormwater management
practices. At a minimum, the summary shall address the required design
criteria from the applicable chapter(s) of the New York State Stormwater
Management Design Manual, including the identification of and justification
for any deviations from the Design Manual, and identification of any
design criteria that are not required based on the redevelopment criteria
or waiver criteria included in the Design Manual;
(f)Â
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice;
(g)Â
An operations and maintenance plan that includes inspection
and maintenance schedules and actions to ensure continuous and effective
operation of each postconstruction stormwater management practice.
The plan shall identify the entity that will be responsible for the
long-term operation and maintenance of each practice;
(h)Â
Maintenance easements 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;
B.Â
Plan preparation and certification. For land development activities as defined in §§ 248-3 and 248-6A(2) of this chapter, the SWPPP shall be prepared by a qualified professional as defined in this chapter and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
C.Â
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 SWPPP.
D.Â
Contractor qualifications/certification.
(1)Â
Each contractor and subcontractor identified in the SWPPP who will
be responsible for installing, constructing, repairing, inspecting
and maintaining the erosion and sediment control practices included
in the SWPPP and the postconstruction stormwater management practice
installation must sign and date a copy of the following contractor
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; and that I, or one of my on-site staff, has received a minimum
of four hours of acceptable training in erosion and sediment control
within the last three years. I also understand that it is unlawful
for any person to cause or contribute to a violation of water quality
standards."
(2)Â
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)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.Â
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.
F.Â
Working in or crossing watercourses.
(1)Â
Construction vehicles should be kept out of watercourses to the greatest
extent possible. Where channel work is necessary, precautions must
be taken to stabilize the work area during construction to minimize
erosion. The channel (including bed and banks) must be restabilized
at the end of each day once in-channel work has begun. Channel work
is not permitted during the wet season or as may be prescribed by
the approval authority.
(2)Â
Where a watercourse must be crossed by construction vehicles regularly during construction, a temporary stream crossing, diversion, or dewatering plan must be provided. In the event that any work is conducted in wetlands, as the term is defined in Chapter 178 of the Code of the Town of Yorktown, those permit procedures shall apply.
G.Â
Underground utility construction.
(1)Â
The construction of underground utility lines involving installation,
maintenance, or repair which disturbs more than 10,000 square feet
shall be subject to the following criteria:
(a)Â
No more than 300 feet of trench are to be opened at one time
unless approval to open a greater length is granted by the Town Engineer.
(b)Â
Where consistent with safety and space considerations, excavated
material is to be placed on the uphill side of the trenches.
(c)Â
Trench dewatering devices shall discharge in a manner which
will not adversely affect flowing streams, drainage systems, or off-site
property.
(2)Â
Individual service connections, telephone, and electric lines and
underground public utility lines under streets or sidewalks are exempt
from the above requirements.
A.Â
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:
(1)Â
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, referred to as the Design Manual), including the
enhanced phosphorus removal standards.
(2)Â
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.Â
Equivalence to technical standards. Where stormwater management practices are not designed in accordance with the technical standards referenced in § 248-7A, the applicant or developer must demonstrate equivalence to these standards and the SWPPP shall be prepared by a licensed professional.
C.Â
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.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development activity 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 of sediment ponds whenever their design capacity has been reduced
by 50%.
(2)Â
For land development activities as defined in § 248-3 of this chapter that disturb one or more acres of land, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site logbook and copies furnished to the Town Engineer within seven days of inspection.
B.Â
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 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 Town of Yorktown 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 Town of
Yorktown.
C.Â
Maintenance after construction. The owner or operator of permanent
stormwater management practice(s) installed in accordance with this
chapter shall ensure that the practice(s) are operated and maintained
to achieve the goals of this chapter. Proper operation and maintenance
also includes, as a minimum, the following:
(1)Â
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)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
D.Â
Maintenance agreements. The Town of Yorktown shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of the Sample Stormwater Control Facility Maintenance Agreement as
prepared by the New York State Department of Environmental Conservation
and on file at the Town Clerk and Planning and Engineering offices.
The Town of Yorktown, in lieu of a maintenance agreement, at its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided that 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.
A.Â
Application required. Except as otherwise provided in this chapter,
no person shall commence or perform any land-disturbing activity not
exempted from this section, including but not limited to grading,
stripping, excavating or filling, without first obtaining a stormwater
management and erosion and sediment control permit from the permitting
authority. Application for a permit shall be made to the approval
authority on forms furnished by the Planning and Engineering Department.
When a stormwater management and an erosion and sediment control permit
is required for improvements associated with a subdivision, site plan
or wetland application, a separate erosion and sediment control application
form is not required; however, the required fee shall be submitted
in accordance with a fee schedule adopted by the Town Board. The approval
authority shall review the subdivision, site plan or wetland applications
using the standards established by this chapter.
B.Â
Coordination with other reviews. It is the intent of this chapter
to incorporate the consideration of stormwater management, soil erosion
and sediment control into the Town's extant land use and development
approval procedures in conjunction with the procedures of the State
Environmental Quality Review Act whenever applicable. To the maximum
extent possible, the review, hearings and decision upon any application
processed under this chapter shall be coincident with similar procedures
that the approval authority may undertake in regard to other applications
that are directly related.
C.Â
Notice to agencies. Upon submission of a completed application, the
Planning and Engineering Department or the Town Board shall notify
all interested agencies required by applicable statutes, the Town
Board, the Conservation Board and any agency so designated by resolution
of the Town Board of an opportunity to provide comment.
D.Â
Town of Yorktown Conservation Board review. The Conservation Board
shall review the Planning Board and Town Board applications within
30 days of the date of the Planning and Engineering Department's
or Town Board's transmittal letter and shall file a written report
to the approval authority with its recommendations concerning the
application. Such report shall evaluate the proposed operation or
project in terms of the findings, intent and standards of this chapter.
E.Â
Westchester County Soil and Water Conservation District review. The
Westchester County Soil and Water Conservation District may be consulted
for review and recommendations for all applications for any permits
involving land-disturbing activity which involves construction on
slopes in excess of 25%, excavation or fill of 20,000 cubic yards
or more of material, is within 100 feet of a watercourse, as defined
herein, or within 100 feet of wetlands as classified by the unified
definition or for any applications for permits involving any land-disturbing
activities in the Town of Yorktown. If the Westchester County Soil
and Water Conservation District fails to make any recommendation within
30 days upon receipt of mailing, such referral shall be deemed to
constitute no objection to the application.
F.Â
SEQRA compliance. An application shall not be deemed complete until
and unless the applicant has complied fully with the procedures of
the State Environmental Quality Review Act.
G.Â
Expiration of approval. All permits shall expire upon completion
of the acts specified and, unless otherwise indicated, shall be valid
for a period of one year from the date of issue. An extension of an
original permit may be granted upon written request to the approval
authority by the original permit holder or his/her legal agent. The
approval authority may require a new application be filed if, in its
judgment, the original intent of the permit is altered or extended
by the renewal or if the applicant has failed to abide by the terms
of the original permit in any way. The request for renewal of a permit
shall follow the same form and procedure as the original application.
An application for a stormwater management and an erosion and
sediment control permit shall be made by the owner of the property
or his authorized agent with the Planning and Engineering Department.
Each application shall include an erosion and sediment control plan.
Each application shall bear the name(s) and address(es) of the owner
or developer of the site and of any consulting firm retained by the
applicant, together with the name of the applicant's principal
contact at such firm. Furthermore, each application shall include
a certification that any land clearing, construction or development
involving the movement of earth shall be in accordance with the plans
approved by issuance of the permit.
[Amended 6-6-2017 by L.L.
No. 9-2017]
Each application for a permit hereunder shall be accompanied
by the following information and/or items, except submittals and/or
their substantial equivalents as in the case of the administrative
permit application where required by the Town Engineer or his/her
authorized representative.
A.Â
An application form as provided by the Planning and Engineering Departments.
The applicant may be required to file with the Town of Yorktown
a stormwater management and erosion and sediment control bond or other
improvement security satisfactory to the Town Attorney in an amount
deemed sufficient by the permitting authority to cover all costs of
improvements, landscaping, maintenance of improvements, and landscaping
for such period as specified by the Town, and engineering inspection
costs to cover the cost of failure or repair of improvements installed
on the site.
Each application for a stormwater management plan and an erosion
and sediment control permit shall be reviewed and acted upon according
to the following procedures:
A.Â
The permitting authority will review each application for a stormwater
management plan and an erosion and sediment control permit to determine
its completeness and conformance with the provisions of this chapter.
The permitting authority, within 31 days of receipt of the application,
shall make a determination as to whether an application is complete.
B.Â
Referrals. The permitting authority, upon receipt of a completed
application or upon a determination of completion, may refer the completed
application and supporting plans and documents to the Westchester
County Soil and Water Conservation District on all applications meeting
the criteria set forth in this chapter. All applications not handled
by the Town Engineer administratively may be referred to the Conservation
Board for review and comment. The Westchester County Soil and Conservation
District or the Conservation Board, as applicable, shall be required
to review the application within 30 days of receipt thereof and shall
file a written report with the permitting authority with its recommendations
concerning the application, including, but not limited to, an evaluation
of the completeness of the application. Such report shall evaluate
the proposed operation or project in terms of the management objectives
and principles of this chapter and shall include the effect of such
operation or project on the project area. The permitting authority
may also refer any application, where applicable, to any other local
governmental or public agency within whose jurisdiction the site is
located, for review and comment.
C.Â
No stormwater management and erosion and sediment control permit
shall be issued for the proposed site plan, subdivision or wetland
unless:
(1)Â
The development has been approved by the Town of Yorktown, where
applicable;
(2)Â
Such permit is accompanied by or combined with a valid building permit
issued by the Town of Yorktown; and
(3)Â
The proposed earthmoving is coordinated with any overall development
previously approved by the Town of Yorktown for the area in which
the site is situated.
D.Â
Pending preparation and approval of a revised plan, development activities
shall be allowed by the approval authority.
E.Â
Additional conditions are required and shall be attached to the stormwater
management and erosion and sediment control permit if an area of at
least 5,000 square feet and less than 10,000 square feet is disturbed
in a protected woodland.
[Added 7-7-2020 by L.L.
No. 7-2020]
(1)Â
The plans and any attached mitigation plans shall be forwarded to
the Conservation Board and the Tree Conservation Advisory Commission
for review and comment, which shall review the application within
30 days of receipt thereof and shall file a written report with the
approval authority with its recommendations concerning the application.
The permittee shall not be relieved of responsibility for damage
to persons or property otherwise imposed by law, and the Town of Yorktown
or its officers will not be made liable for such damage by:
A.Â
The issuance of a permit under this chapter;
B.Â
Compliance with the provisions of that permit or with conditions
attached thereto;
C.Â
Failure of municipal officials to observe or recognize hazardous
or unsightly conditions;
D.Â
Failure of municipal officials to recommend denial of or to deny
a permit; or
E.Â
Exemptions from the permit requirements of this chapter.
A.Â
Required inspections; notification; violations.
(1)Â
The Town of Yorktown Stormwater Management Officer 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
Town of Yorktown enforcement official at least 48 hours before any
of the following as required by the Stormwater Management Officer:
(a)Â
Start of construction.
(b)Â
Installation of sediment and erosion control measures.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the construction season.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public areas.
(2)Â
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 or the Town Engineer or his/her authorized representative.
B.Â
Stormwater management practice inspections. The Town of Yorktown
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.Â
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 of the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
D.Â
Submission of reports. The Town of Yorktown Stormwater Management
Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this
chapter.
E.Â
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 Town of Yorktown the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 248-15C.
F.Â
Special precautions.
(1)Â
If at any stage of the grading (at any development site), the Town
Engineer or his/her authorized representative determines, by inspection,
that the nature of the site is such that further work authorized by
an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the Stormwater Management Officer,
Town Engineer or his/her authorized representative may require as
a condition of allowing the work to be done that such reasonable precautions
be taken as are considered advisable to avoid the likelihood of such
peril. Special precautions may include, but are not limited to, reducing
the grade of exposed slope, construction of additional drainage facilities,
berms, terracing, compaction or cribbing, installation of plant materials
for erosion control, and recommendations to use a registered engineer,
CPESC individual and/or geologist, which may make requirements for
further work.
(2)Â
Where it appears that storm damage may result from incomplete grading
on any construction site, work may be stopped and the permittee may
be required to install temporary structures or take such other measures
as may be necessary to protect adjoining property or public safety.
On large developments or where unusual site conditions prevail, the
Town Engineer may specify the time of start for grading and time of
completion or may require that the operations be conducted in specific
stages to ensure completion of protective measures or devices prior
to the advent of seasonal rains.
A.Â
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 Town of Yorktown in
its approval of the stormwater pollution prevention plan, the Town
of Yorktown 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 Town
of Yorktown as beneficiary. The security shall be in an amount to
be determined by the Town of Yorktown 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 Town of Yorktown, 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) 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 Town of Yorktown. Per annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.Â
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 Town of Yorktown 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 Town of Yorktown
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.Â
Recordkeeping. The Town of Yorktown may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.Â
Notice of violation. When the Town of Yorktown 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)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
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)Â
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)Â
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.Â
Stop-work orders. The Town of Yorktown may issue a stop-work order
for violation 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 Town of Yorktown
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.Â
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.Â
Enforcement.
(1)Â
Civil sanctions.
(a)Â
Any person found violating any provision of this chapter or
conditions duly imposed pursuant thereto shall be served by the Town
Engineer or his/her authorized representative with a written notice
stating the nature of the violation and providing a specified time
within which the violation shall cease and satisfactory corrective
action taken by the violator.
(b)Â
Any person who is found to have violated, disobeyed or disregarded
any provision of this chapter shall be liable to the people of the
Town of Yorktown for a civil penalty not to exceed $10,000 for every
such violation, to be assessed by the Town Court, after a hearing
or opportunity to be heard before the Town Court.
(c)Â
The Town Court shall have the power, following a hearing, to
direct the violator to cease violation of the chapter and satisfactorily
restore the affected area to its condition prior to the violation
or otherwise complete the terms and conditions of the permit. The
Town Court may order the use of all or part of any performance bonds
to complete, restore or otherwise improve the affected area.
(2)Â
Criminal sanctions.
(a)Â
Any person found violating any provision of this chapter or
conditions duly imposed pursuant thereto shall, for the first offense,
be guilty of a violation punishable by a fine of not less than $500
nor more than $1,000.
(b)Â
For a second and each subsequent offense, such person shall
be guilty of a misdemeanor punishable by a fine of not less than $1,000
nor more than $2,000 or a term of imprisonment of no more than six
months, or both.
(c)Â
Each offense shall be a separate and distinct offense and, in
the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
(d)Â
The Town Attorney shall prosecute any person alleged to have
violated the provisions of this chapter and shall seek equitable relief
to restrain any violation or threatened violation of its provisions.
E.Â
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
F.Â
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 Town of Yorktown
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Town of Yorktown may require any person undertaking land
development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections or SMP
maintenance performed by the Town of Yorktown or performed by a third
party for the Town of Yorktown.
Major amendments to the site development or the stormwater pollution
prevention plan shall be submitted to the permitting authority and
shall be processed and approved or disapproved in the same manner
as the original plans. Field modifications of a minor nature may be
authorized by the permitting authority by written authorization to
the permittee. There shall be no oral authorization amending an erosion
and sediment control plan.
All erosion and sediment control permits shall expire if the
work authorized by such permit is not substantially started within
one year or is not completed by a date which shall be specified in
the permit. The permitting authority may, upon written presentation
of sufficient justification for delay made prior to the expiration
of the permit, grant a reasonable extension of time to begin the work
prescribed under the permit. An extension of an original permit may
be granted upon written request to the permitting authority at least
30 days prior to the expiration date of the original permit. The request
for a renewal of a permit shall follow the same form and procedure
as the original application.
If in any case the provisions of this chapter conflict with
any other provisions of the Code of the Town of Yorktown, the provisions
which impose the more stringent requirement shall apply.
All development and improvement allowed by right or allowed
by permit shall also conform to all rules and regulations contained
in the Code of the Town of Yorktown and all other applicable laws
and regulations.