[HISTORY: Adopted by the Town Board of the
Town of Harrison 12-20-2007 by L.L. No. 6-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Illicit discharge — See Ch. 131.
Excavations and soil removal — See Ch. 133.
Filling and grading — See Ch. 139.
Flood damage prevention — See Ch. 146.
Freshwater wetlands — See Ch. 149.
Steep slope protection — See Ch. 199.
Subdivision of land — See Ch. 204.
Water pollution — See Ch. 230.
Zoning — See Ch. 235.
Schedule A: Sample Stormwater Control Facility Maintenance Agreement
Schedule B1: Green Infrastructure Planning General Categories and Specific PracticesSchedule B2: Green Infrastructure Techniques Acceptable for Runoff ReductionSchedule B3: Stormwater Management Practices Acceptable for Water Quality
Schedule B1: Green Infrastructure Planning General Categories and Specific PracticesSchedule B2: Green Infrastructure Techniques Acceptable for Runoff ReductionSchedule B3: Stormwater Management Practices Acceptable for Water Quality[1]
Editor's Note: This local law also repealed
former Ch. 130, Erosion and Sediment Control, adopted 5-19-1982.
Stormwater Management and Erosion and Sediment
Control.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town Board/Village Board
of Trustees of Harrison, has the authority to enact local laws and
amend local laws and for the purpose of promoting the health, safety
or general welfare of the Town of Harrison and for the protection
and enhancement of its physical environment. The Town Board of Harrison
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.
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 habitat;
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 local law 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 § 130-3 hereof. This local law 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 or as
amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the NYS 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.
G.
Encourage
the use of green infrastructure practices to control stormwater runoff
such as protecting natural areas, reducing impervious cover, and runoff
reduction techniques to the maximum extent practicable.
[Added 5-5-2011 by L.L. No. 3-2011]
The following activities are exempt from review
under this law.
A.
The construction of an addition to an existing structure
or any land-disturbing activity that involves less than 500 square
feet. However, any land-disturbing activity of any area shall follow
the applicable soil erosion BMP provided by the Town/Village.
B.
Routine agricultural activity as defined in this local
law.
C.
Routine maintenance activities that are performed
to maintain the original line and grade, hydraulic capacity or original
purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Harrison and all infrastructure has
been installed in accordance therewith, on or before the effective
date of this law.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this law.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
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 and or landscaping and horticultural
activities in connection with an existing structure.
The terms used in this local law or in documents
prepared or reviewed under this local law shall have the meaning as
set forth in this section.
The activity of an active farm operation (as defined in Agriculture
and Markets Law) 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.
Any permanent structure having walls and a roof, designed
for the shelter of any person, animal, or property, and occupying
more than 120 square feet of area.
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.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 5-5-2011 by L.L. No. 3-2011]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt 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 land disturbance
of equal to or greater than five thousand (5,000) square feet or activities
disturbing less than five thousand (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. This does
not include construction activities that disturb between five thousand
(5,000) square feet and one (1) acre of land where no impervious cover
is constructed or reconstructed within the disturbed area.
Any change to land which may result in soil erosion from
water or wind and the movement of soil into water or onto lands, alteration
of a drainage system, or increased runoff of waters, including, but
not limited to, clearing, grading, excavating, transporting and filling
of land of equal to or greater than five thousand (5,000) square feet
or activities disturbing less than five thousand (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.
This does not include construction activities that disturb between
five thousand (5,000) square feet and one (1) acre of land where no
impervious cover is constructed or reconstructed within the disturbed
area.
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.
A person that 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
Registered Landscape Architect or someone working the direct supervision
of, and at the same company as, the licensed Professional Engineer
or Registered Landscape Architect, provided that person has training
in the principles and practices of erosion and sediment control.
[Added 5-5-2011 by L.L. No. 3-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
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.
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.
Town/Village Engineer or officer designated by the municipality
to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
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.
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.
An employee from the contracting (construction) company,
who has received four (4) hours of Department endorsed training in
proper erosion and sediment control principles. After receiving the
initial training, the trained contractor shall receive four (4) hours
of training every three (3) years. It can also mean an employee from
the contracting (construction) company that meets the qualified inspector
qualifications.
[Added 5-5-2011 by L.L. No. 3-2011]
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.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development or land disturbing
activity shall be reviewed until the appropriate municipal official
and/or board has received a stormwater pollution prevention plan (SWPPP)
prepared in accordance with the specifications in this local law.
B.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project;
(2)
Site map/construction drawing(s) for the project at
a scale of no smaller than one inch equals 100 feet, 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);
(3)
Description of the soil(s) present at the site;
(4)
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 (5) acres shall
be disturbed at any one time unless pursuant to an approved SWPPP;
(5)
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;
(6)
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;
(7)
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;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent
control measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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
(16)
Any existing data that describes the stormwater runoff
at the site.
C.
Land development activities and land disturbing activity as defined in § 130-6 and meeting Condition A below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Condition A below as applicable:
(1)
Condition A — All land development activities
disturbing 20,000 square feet or more acres of land where impervious
cover is constructed or reconstructed within the disturbed area, and
all land development activities disturbing 20,000 square feet or more
acres of land where no impervious cover is constructed within the
disturbed area but the land development activity results in a change
in hydrology by increasing the post-development discharge rate.
(a)
SWPPP requirements for Condition A:
[1]
Description of each post-construction stormwater
management practice, including documentation of the five step planning
process for stormwater management using green infrastructure as outlined
in the Design Manual using the practices in Schedules B1, B2 and B3.[1]
[Amended 5-5-2011 by L.L. No. 3-2011]
[1]
Editor’s Note: Schedules B1, B2 and B3 are included
at the end of this chapter.
[2]
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice;
[3]
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
[4]
Comparison of post-development stormwater runoff
conditions with predevelopment conditions;
[5]
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
[6]
Maintenance schedule to ensure continuous and
effective operation of each post-construction stormwater management
practice;
[7]
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;
(2)
SWPPP requirements for Condition B - All land disturbing
activities of more than 500 square feet and less than one-half acre.
(b)
Each application shall be accompanied by the
following, unless specifically waived by the Town/Village Engineer
based on the scope of the project:
[1]
A vicinity map.
[2]
A stormwater management, erosion, sediment and
pollution control plan for the site showing drainage patterns, on-site
stormwater appurtenances, wetlands, the one-hundred-year floodplain,
and the proposed use of the site, including areas of excavation, grading
and filling.
[3]
Stormwater management improvements, including
calculations, designs and special measures regarding safety and maintenance
operations.
[4]
Stormwater conveyance system, including plans,
designs and materials to be used for improvements and erosion control
in channel sections of stormwater conveyance systems and erosion control
measures at culvert inlets and outfalls.
[5]
The above plans shall comply with the guidelines
and specifications of the most recent editions of New York State Stormwater
Management Design Manual and the New York Standards and Specifications
for Erosion and Sediment Control and include:
D.
Plan preparation and certification. For land development activities as defined in § 130-6 and meeting Condition "A" and Condition "B" in § 130-7C, the SWPPP shall be prepared by a registered landscape architect, architect 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 local law.
E.
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.
F.
Contractor qualifications/certification. The applicant
shall provide the following prior to the SWPPP being issued.
(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
contractor qualifications/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
onsite staff, has received a minimum of four (4) hours of acceptable
training in Erosion and Sediment Control within the last three (3)
years. 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.
G.
A copy of the SWPPP shall be retained at the site
of the land development or land disturbing 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 local
law, 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
law:
(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)
and the Enhanced Phosphorus Removal Supplement, most current version
or its successor.
(2)
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.
Equivalence to technical standards. Where stormwater management practices are not designed in accordance with the technical standards referenced in § 130-8A, the applicant or developer must demonstrate equivalence to these 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 Town
of Harrison and/or State of New York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
or land disturbing 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 local
law. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by fifty (50) percent.
(2)
For land development or land disturbing activities as defined in § 130-6 and meeting Condition “A” in § 130-7C, the applicant shall have a qualified inspector 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 log book. Construction activities disturbing five acres or more at any one time shall be inspected by a qualified inspector twice every 7 days.
[Amended 5-5-2011 by L.L. No. 3-2011]
(4)
For
all land development activities and land disturbing activities the
applicant or developer or their representative, one of which must
be a trained contractor, 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.
[Added 5-5-2011 by L.L. No. 3-2011]
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 Town of Harrison to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this local law. The easement shall be recorded
by the grantor in the office of the County Clerk after approval by
the counsel for the Town of Harrison.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practice(s) installed in accordance
with this law shall ensure that the practice(s) are operated and maintained
to achieve the goals of this law. 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 law.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Harrison 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 A of this local law entitled
Sample Stormwater Control Facility Maintenance Agreement.[1] The Town of Harrison, 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 local law and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A.
Severability. If the provisions of any article, section,
subsection, paragraph, subdivision or clause of this local law shall
be judged invalid by a court of competent jurisdiction, such order
of judgment shall not affect or invalidate the remainder of any article,
section, subsection, paragraph, subdivision or clause of this local
law.
Sections 204-15J(5)(e) and 204-19J of the Subdivision Regulations of the Town of Harrison is hereby amended by adding the following to the information requirements:
A.
For preliminary subdivision plat add: Stormwater Pollution Prevention Plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of § 130-7 of this local law shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 130-7 of this local law. The approved preliminary subdivision plat shall be consistent with the provisions of this local law.
B.
For final subdivision plat approval add: Stormwater
Pollution Prevention Plan: A stormwater pollution prevention plan
consistent with the requirements of this local law and with the terms
of preliminary plan approval shall be required for final subdivision
plat approval. The SWPPP shall meet the performance and design criteria
and standards of this local law. The approved final subdivision plat
shall be consistent with the provisions of this local law.
Section 235-71F(2)(h) of the site plan review regulations of the Town of Harrison is hereby amended by adding the following to the information requirements: "Stormwater Pollution Prevention Plan: A Stormwater Pollution Prevention Plan consistent with the requirements of this local law shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards of this local law. The approved site plan shall be consistent with the provisions of this local law."
A.
The Erosion and Sediment Control Law of the Town of
Harrison is hereby repealed and replaced with the New York State Model
Erosion and Sediment Control Ordinance.
B.
Chapter 130 of the Erosion and Sediment Control Law of the Town of Harrison is hereby amended by adding the following clause: Stormwater Pollution Prevention Plan: A stormwater pollution prevention plan consistent with the requirements of this local law shall be required. The SWPPP shall meet the performance and design criteria and standards in § 130-6 this local law. The approved erosion control permit shall be consistent with the provisions of this local law.
A.
The SMO is responsible for plan review and inspection
activities as it relates to this Code. Application processing and
permit administration will be handled by the Building Department.
B.
Erosion and sediment control inspection. The Town/Village
may require such inspections as necessary to determine compliance
with this Code 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 Code and the stormwater management, erosion,
sediment and pollution control plan as approved. 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 all violations are corrected and all work previously completed
has received approval.
C.
Inspections may be conducted on a 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
state or federal water or sediment quality standards of the NYSDEC
SPDES general 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 management practices. Typical
inspections include the following:
(1)
An initial inspection prior to plan approval.
(2)
An erosion and sediment control inspection to ensure
that erosion and sediment control practices are in accord with the
approved plan.
(3)
An inspection prior to backfilling any underground
drainage or conveyance structures.
(4)
A final inspection when all work, including construction
of stormwater management facilities and permanent soil stabilization,
has been completed.
D.
When a new stormwater management facility is installed
on private property or when any new connection is made between private
property and the public storm sewer system, the landowner shall grant
to the Town/Village the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection as
specified above.
E.
No building permit may be issued until a stormwater
management and erosion and sediment control permit has been issued
for those activities controlled under this chapter.
F.
Activities that involve a land disturbance of 5,000
square feet or more, and are located within the New York City Watershed
shall comply with all New York State Department of Conservation (NYSDEC)
requirements.
[Amended 5-5-2011 by L.L. No. 3-2011]
G.
Submission of reports. The Town of Harrison Stormwater
Management Officer may require monitoring and reporting from entities
subject to this law as are necessary to determine compliance with
this law.
H.
Performance guarantee.
(1)
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
Harrison in its approval of the stormwater pollution prevention plan,
the Town of Harrison 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 Harrison as the beneficiary. The security shall be in
an amount to be determined by the Town of Harrison 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 Harrison, 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 Harrison.
I.
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 Harrison 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 Harrison
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
J.
Recordkeeping. The Town of Harrison may require entities
subject to this law to maintain records demonstrating compliance with
this law.
K.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Harrison determines
that a land development activity is not being carried out in accordance
with the requirements of this local law, 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 local
law 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.
(2)
Stop work orders. The Town of Harrison may issue a
stop work order for violations of this law. 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 Harrison 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 local law.
(3)
Violations. Any land development activity that is
commenced or is conducted contrary to this local law, may be restrained
by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this local law shall be guilty of a violation punishable
by a fine not less than $250 nor exceeding five hundred dollars ($500)
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 five hundred nor more than one thousand ($1,000)
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 $750 nor more than one thousand dollars ($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 local law 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.
(5)
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this local law the Stormwater Management Officer may prevent the
occupancy of said building or land and in addition the Town of Harrison
Building Inspector may deny the issuance or require the revocation
of the certificate of occupancy.
(6)
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 Harrison may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
L.
Fees for services. The Town of Harrison may require
any person undertaking land development activities regulated by this
law to pay reasonable costs at prevailing rates for review of SWPPPs,
inspections, or SMP maintenance performed by the Town of Harrison
or performed by a third party for the Town of Harrison as established
from time to time by Town Board Resolution.
