[HISTORY: Adopted by the Board of Trustees of the Village
of Lindenhurst 12-7-2010 by L.L. No. 7-2010. Amendments noted where
applicable.]
A.
It is hereby determined by the Village Board of the Village of Lindenhurst
that:
(1)
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.
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species. The Great South Bay and its tidal tributaries within
the Village of Lindenhurst have been placed on the New York State
Department of Environmental Conservation (NYSDEC) Priority Water Bodies
List. The NYSDEC identified urban runoff and storm drain systems as
the major source/contributors to their impairment.
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the Village of Lindenhurst.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(8)
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.
(9)
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.
B.
Therefore, the Village Board of the Village of Lindenhurst hereby
establishes this policy applicable to all land development activities
within the Village of Lindenhurst to provide reasonable guidance for
the regulation of stormwater runoff and erosion and sediment control
for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff and sediment
discharges from land development projects and other construction activities
is in the public interest 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 and will prevent threats to public health and safety and enhance
and improve the environmental and economic conditions within the Village
of Lindenhurst. This chapter is adopted pursuant to the requirements
of the New York State Environmental Conservation Law (ECL) and the
federal Clean Water Act (CWA) for small municipal separate storm sewer
systems (MS4s) to develop, implement and enforce a stormwater management
program (SWMP) designed to reduce the discharges of pollutants to
the waters of the United States within the Village of Lindenhurst
to the maximum extent practicable (MEP) in order to protect water
quality. This chapter is consistent with the Comprehensive Management
Plan for the South Shore Estuary Reserve to reduce nonpoint source
pollution of the estuary and its tributaries.
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 residents of the Village of Lindenhurst and to address the findings of fact in § 160-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Establish minimum stormwater and erosion and sediment control requirements
in order to protect and safeguard the general health, safety, and
welfare of the public and businesses located within the Town of Babylon
by implementation of a stormwater management program (SWMP) that meets
or exceeds the following six minimum control measures:
(1)
Public education and outreach on stormwater impacts;
(2)
Public involvement/participation;
(3)
Illicit discharge detection and elimination;
(4)
Construction site stormwater runoff control;
(5)
Postconstruction stormwater management;
(6)
Pollution prevention/good housekeeping for municipal operations consistent
with the New York State Department of Environmental Conservation SPDES
General Permit for Stormwater Discharges From Municipal Separate Stormwater
Sewer Systems (MS4s) GP-02-02, issued pursuant to Article 17, Titles
7 and 8, and Article 70 of the New York State Environmental Conservation
Law (ECL) and the federal Clean Water Act (CWA) regulations for small
municipal separate storm sewer systems (MS4s), or 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, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank 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.
The terms used in this chapter or in documents prepared or reviewed
pursuant to this chapter shall have the meanings as set forth in this
section.
A building or a detached private garage subordinate to the
main building on a lot, used for purposes customarily incidental to
those of the main building, not used for habitation and which does
not exceed the size of the main building. This shall not include trailers,
mobile homes or like structures, with or without wheels.
A structure subordinate to the buildings on a lot, used for
purposes customarily incidental to those of the buildings, having
no foundation or permanent attachment to the land other than a simple
slab, not used for habitation, swimming pool enclosures or garage
purposes and which does not exceed the size of the main building.
This shall not include trailers, mobile homes or like structures,
with or without wheels.
Forty-three thousand five hundred sixty square feet of land
area.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A combination of any materials, whether portable or fixed,
having a roof to form a structure affording shelter for persons, animals
or property. The word "building" shall be construed, when used herein,
as though followed by the words "or part or parts thereof,”
unless the context clearly requires a different meaning. The term
"building" shall also mean "factory manufactured home" and "mobile
home."
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.
An agreement signed by a landowner, applicant or builder
to implement any reasonable requirements needed as determined by the
Village of Lindenhurst necessary to prevent erosion and sediment loss
in lieu of an erosion and sediment control plan for construction on
a commercial or industrial site on less than one acre of land.
The deliberate transfer of real property by its owner for
general public use.
The Village of Lindenhurst Department of Public Works.
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavating, filling and/or any movement of material at a
site, including the resulting conditions thereof.
Any discharge to a municipal separate storm sewer and/or
the Village of Lindenhurst stormwater drainage system that is not
entirely composed of stormwater. Illicit discharges shall include
but not be limited to those sources as identified by § 122.26(b)(2)
of the Code of Federal Regulations; sanitary wastewater; effluent
from septic tanks; commercial car wash wastewater; petroleum products;
antifreeze and radiator flush liquid; laundry wastewater; spills from
roadway accidents; and household and motor vehicle chemicals, but
does not include liquids discharged from fire-fighting activities.
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 that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in a land disturbance.
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.
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.
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.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
An agreement signed by a landowner, applicant or builder
to implement any reasonable requirements needed, as determined by
the Village of Lindenhurst, to prevent erosion and sediment loss in
lieu of an erosion and sediment control plan for the construction
of a single-family home.
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 Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
The Village of Lindenhurst stormwater drainage system, which
accepts, captures and conveys stormwater from the Village's highway
and roadway system.
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.
The Building Inspector, Fire Marshal, and Deputy Administrator/Clerk
are designated by the Village of Lindenhurst as the Stormwater Management
Office to accept and conduct the primary review of stormwater pollution
prevention plans, and inspect stormwater management practices.
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 stormwater management program implemented by the Town of
Babylon consistent and in no case less protective than the New York
State Department of Environmental Conservation SPDES general permits
for stormwater discharges from municipal separate stormwater sewer
systems (MS4s) and from construction activity GP-02-02 and GP-02-01,
respectively, issued pursuant to Article 17, Titles 7 and 8, and Article
70 of the New York State Environmental Conservation Law (ECL) and
the federal Clean Water Act (CWA) regulations for small municipal
separate storm sewer systems (MS4s).
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.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
This chapter shall be applicable to all land development activities as defined in this chapter, § 160-3. No person, landowner or entity shall undertake a land development activity without first meeting all the requirements of this chapter. The development of commercial and industrial sites and single-family homes on less than one acre of land may meet the requirements of this chapter with an approved commercial, industrial or single-family agreement, respectively.
B.
The Village of Lindenhurst stormwater management officer(s) shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable municipal
board. The stormwater management officer(s) shall review all stormwater
pollution prevention plans (SWPPPs) and forward such plans to the
applicable departments and boards. The SWPPPs information shall be
added to and shown on the site development plans for each project
submitted to the Village of Lindenhurst. The requirements of this
chapter and the Village of Lindenhurst Planning Board site improvement
and subdivision specifications shall be followed for all land development
activity in the Village of Lindenhurst. Such SWPPPs shall be shown
on the site plans and/or the subdivision plats for the land development
activity. The stormwater management officer(s) may:
(1)
Review
the plans.
(2)
Under
special circumstances and upon approval by the Lindenhurst Village
Board, engage the services of a registered professional engineer to
review the plans, specifications and related documents at a cost to
be paid by the applicant.
(3)
Accept
the certification of a licensed professional that the plans conform
to the requirements of the chapter.
The following activities are exempt from review under this chapter:
A.
The construction of additions, fences, accessory buildings and structures,
sheds, sidewalks, walkways, driveways or modifications to existing
one- or two-family structures and sites, including those that may
require variances, maintenance or repair involving no substantial
changes in an existing structure or facility.
B.
Routine landscape maintenance and horticultural activities such as
lawn cutting, tree trimming, the installation of piped mechanical
sprinkler or irrigation systems, the planting of trees, shrubs and
vegetation in connection with an existing site that does not cause
any major soil disturbance, or minor excavations for driveways, walks
or sidewalks that generally maintain the existing grade of the land.
C.
Repairs to any stormwater management practice or facility deemed
necessary by the Village of Lindenhurst stormwater management officer(s)
or any work done under contract for the Village of Lindenhurst. Nothing
contained in this chapter with regards to land development activity
shall be applicable to the Village of Lindenhurst or any of its departments,
agencies or contractors.
D.
The development of any part of a subdivision if the plat for the
subdivision has been approved by the Village of Lindenhurst 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 adoption of this chapter.
F.
Cemetery graves.
G.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles; construction of minor additions, accessory
structures or modifications to existing single-family or two-family
structures.
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.
The installation of aboveground and below-ground fuel oil storage
tanks equal to or below a total capacity of 1,100 gallons.
K.
The construction of docks and installation of poles and other similar
structures, refacing existing bulkheading, but not new bulkheading.
L.
Street openings and right-of-way openings for the purpose of repair
of existing utility facilities.
M.
The extension of utility distribution facilities, including gas,
electric and telephone, cable, water and sewer connections, to serve
existing approved sites or underwater lands.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be approved until
the Village of Lindenhurst has received an acceptable stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) 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 discharge(s);
(c)
Description of the soil(s) present at the site based on Suffolk
County Soil Survey, United States Department of Agriculture, Soil
Conservation Service;
(d)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance; consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
Description of construction and waste materials expected to
be stored on-site with updates as appropriate, and a description of
controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project 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.
(2)
Land development activities as defined in § 160-3 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
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.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
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.
(3)
SWPPP requirements for Condition A, B and C:
(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 this chapter.
(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.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
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."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.
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").
(3)
United States Environmental Protection Agency's best management practices
(BMPs).
B.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from stormwater structures whenever their design capacity
has been reduced by 50%. Street sweeping by broom or machine or other
suitable means of cleanup shall be conducted daily as necessary for
any sediment or material that has inadvertently migrated off site.
Litter shall also be removed on a daily basis from the site or off
site.
(2)
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. The reports shall be delivered to the Village
of Lindenhurst SMO(s) and also copied to the site log book. All inspection
reports shall be maintained in a site log book.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Village
of Lindenhurst to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Village of Lindenhurst.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations in accordance with
this chapter.
(4)
Upon completion of construction, any stormwater control structures
impacted during construction shall be cleaned by the owner or operator.
D.
Maintenance agreements. The Village of Lindenhurst 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 this chapter, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1] The Village of Lindenhurst, 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.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Erosion and sediment control inspection.
(1)
A preconstruction meeting may be conducted between the applicant
and Village of Lindenhurst stormwater management officer(s). At minimum,
the following criteria shall be included in the construction inspections:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season (as applicable).
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
The applicant and developer shall notify the Village of Lindenhurst
stormwater management officer(s) and Building Department 24 hours
in advance for inspection of items detailed in this chapter. The Village
of Lindenhurst SMO(s) and Village of Lindenhurst Building Inspector
shall determine the inspection schedule and add any other inspection
requirements as deemed necessary. The applicant and developer shall
be notified in writing of any violations and the required corrective
actions. No further work shall be conducted except for site stabilization
until any violations are corrected.
B.
Stormwater management practice inspections. The Village of Lindenhurst
SMO(s) and Building Inspector are responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
(1)
Submission of reports. The Village of Lindenhurst may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
(2)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Village of Lindenhurst
in its approval of the stormwater pollution prevention plan, the Village
of Lindenhurst Planning Board 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 Babylon as the beneficiary. The security shall
be in an amount to be determined by the Village of Lindenhurst 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 Lindenhurst,
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 Village of Lindenhurst.
(3)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Village of Lindenhurst with an irrevocable
letter of credit from an approved financial institution or bond or
surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village of Lindenhurst
may draw or foreclose upon the account or on the bond to cover the
costs of proper operation and maintenance, including engineering and
inspection costs.
(4)
Recordkeeping. The Village of Lindenhurst Stormwater Management Office
may require entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
A.
Notice of violation. When the Village of Lindenhurst determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant.
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work orders. The Village of Lindenhurst 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 Lindenhurst
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and, upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
E.
Injunctions. 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.
F.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Village of Lindenhurst may withhold the issuance of the
certificate of occupancy and/or compliance to prevent the occupancy
of said building or land until corrections to all stormwater facilities
have been made.
G.
Restoration of lands. In connection with any violation of this chapter,
the Village of Lindenhurst may require complete restoration of a site
within 60 days to return such land to its undisturbed condition. In
the event that reasonable progress towards restoration of a site is
not observed by the Village of Lindenhurst within 30 days of a violation
of this chapter, the Village of Lindenhurst may undertake the necessary
corrective action and assess the cost of the restoration to the real
property tax for the subject location.
No person or entity may create or cause an illicit discharge
to flow, to infiltrate or in any manner or form to enter into the
Village of Lindenhurst storm drainage system in violation of this
chapter and/or Suffolk County Department of Health Services and/or
the New York State Department of Environmental Conservation and/or
the United States Coast Guard and/or the United States Environmental
Protection Agency regulations. Illicit discharges discovered by the
Village of Lindenhurst may constitute a violation of this chapter
and shall be referred by the Village of Lindenhurst to the appropriate
enforcement agency, such as the Town of Babylon, Department of Environmental
Conservation, Suffolk County Department of Health Services and/or
the New York State Department of Environmental Conservation and/or
the United States Coast Guard and/or the United States Environmental
Protection Agency.
The Village of Lindenhurst 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 Lindenhurst or performed by
a third party for the Village of Lindenhurst.
