[HISTORY: Adopted by the Board of Trustees of the Village
or North Haven 11-3-2010 by L.L. No. 4-2010. Amendments noted where
applicable.]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
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.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 67-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised;
B.
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, GP-02-01, as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
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.
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.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village Board of Trustees of North
Haven has the authority to enact local laws and amend local laws for
the purpose of promoting the health, safety or general welfare of
the Village of North Haven and for the protection and enhancement
of its physical environment. The Village Board of Trustees of North
Haven may include in any such local law provisions for the appointment
of any municipal officer, employees, or independent contractor to
effectuate, administer and enforce such local law.
B.
The municipality shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Officer may review the plans; upon approval by the Village
Board of Trustees of the Village of North Haven, engage the services
of a registered professional engineer to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by said governing board; or accept the certification of a licensed
professional that the plans conform to the requirements of this chapter.
C.
All land development activities including by way of illustration,
not limitation, special permits, subdivisions, and site plans shall
be reviewed subject to the standards contained in this chapter.
The following activities may be exempt from review under this
chapter.
B.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
C.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
D.
Any part of a subdivision if a plat for the same subdivision has
been approved by the Planning Board on or before the effective date
of this chapter.
E.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
F.
Cemetery graves.
G.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
H.
Emergency activity immediately necessary to protect life, property
or natural resources.
I.
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.
J.
Landscaping and horticultural activities in connection with an existing
structure.
No application for approval of a land development activity shall
be reviewed until the appropriate board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications in this chapter.
All SWPPPs shall provide the following background information
and erosion and sediment controls:
A.
Background information about the scope of the project, including
location, type and size of project;
B.
Site map/construction drawing(s) (using a scale of one inch equal
to 100 feet) for the project, including a general location map. At
a minimum, the site map should show the total site area; all improvements;
areas of disturbance; areas that will not be disturbed; existing vegetation;
on-site and adjacent off-site surface water(s); wetlands and drainage
patterns that could be affected by the construction activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharges(s);
C.
Description of the soil(s) present at the site;
D.
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Not more than one (1) acre
shall be disturbed at any one time unless pursuant to an approved
SWPPP;
E.
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
F.
Description of construction and waste materials expected to be stored
on site with updates as appropriate, and a description of controls
to reduce pollutants from these materials including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
G.
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project close-out;
H.
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
I.
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
J.
Temporary practices that will be converted to permanent control measures;
K.
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
L.
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
M.
Name(s) of the receiving water(s);
N.
Delineation of SWPPP implementation responsibilities for each part
of the site;
O.
Description of structural practices designed to divert flows from
exposed soils, store flows, or otherwise limit runoff and the discharge
of pollutants from exposed areas of the site to the degree attainable;
and
P.
Any existing data that describes the stormwater runoff at the site.
Q.
Land development activities meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 67-8 below as applicable:
(1)
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development activities disturbing
one or more acres.
(3)
Condition C: stormwater runoff from land development activity disturbing
between one acre and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties.
B.
Description of each postconstruction stormwater management practice;
C.
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
D.
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
E.
Comparison of postdevelopment stormwater runoff conditions with predevelopment
conditions;
F.
Dimensions, material specifications and installation details for
each postconstruction stormwater management practice;
G.
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice;
H.
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
I.
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 67-16 below;
J.
For Condition A, the SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this chapter.
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
A.
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the Stormwater Pollution Prevention Plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
B.
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.
C.
The certification statement(s) shall become part of the SWPPP for
the land development activity.
A copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices
are not in accordance with technical standards, the applicant or developer
must demonstrate equivalence to the above technical standards, and
the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
The applicant or developer of the land development activity or his
or her representative shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
B.
For land development activities meeting Condition A, B or C in § 67-7Q above, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
C.
The applicant or developer or his or her representative shall be
on site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices.
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 North Haven 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 Village Attorney for the Village
of North Haven.
The owner or operator of permanent stormwater management practices
installed in accordance with this chapter shall ensure they are operated
and maintained to achieve the goals of this chapter. Proper operation
and maintenance also includes, as a minimum, the following:
A.
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.
B.
Written procedures for operation and maintenance and training new
maintenance personnel.
The Village of North Haven shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of Chapter 67 entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Village of North Haven, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
The Village of North Haven 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
Village of North Haven enforcement official at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(1)
Start of construction.
(2)
Installation of sediment and erosion control measures.
(3)
Completion of site clearing.
(4)
Completion of rough grading.
(5)
Completion of final grading.
(6)
Close of the construction season.
(7)
Completion of final landscaping.
(8)
Successful establishment of landscaping in public areas.
B.
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.
The Village of North Haven 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 North Haven Stormwater Management Officer may
require monitoring and reporting from entities subject to this chapter
as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of North Haven the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 67-19 above.
In order to ensure the full and faithful completion of all land
development activities related to compliance with all conditions set
forth by the Village of North Haven in its approval of the stormwater
pollution prevention plan, the Village of North Haven may require
the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Village of North Haven as the beneficiary.
The security shall be in an amount to be determined by the Village
of North Haven based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the Village of North Haven, provided that such period shall not
be less than one year from the date of final acceptance or such other
certification that the facilities have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facilities have been found to be acceptable
to the Village of North Haven. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
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 North Haven with an irrevocable letter of credit from an
approved financial institution or surety with a principal place of
business in the Town of Southampton 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 North Haven may draw upon the account to
cover the costs of proper operation and maintenance, including engineering
and inspection costs.
The Village of North Haven may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
When the Village of North Haven 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:
A.
The name and address of the landowner, developer or applicant;
B.
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
C.
A statement specifying the nature of the violation;
D.
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;
E.
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
F.
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.
The Village of North Haven may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Village of North Haven 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.
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.
In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350, or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700, or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000, or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
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.
Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within
a reasonable time after notice, the Village of North Haven may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Village of North Haven 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 Village of North Haven or performed by
a third party for the Village of North Haven.
