It is hereby determined that:
A. Land development activities and associated increases in site imperviousness
may 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, and may cause property damage;
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
and measures 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. Economic losses can result from adverse impacts on stormwater quantity
and velocity and on the waters;
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 is in the public interest and will help to reduce threats
to public health and safety; and
I. Regulation of land development activities by means of standards governing
stormwater management and site design is intended to regulate development
such that it is 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 set forth in §
164-1 hereof. This chapter attempts to meet these goals by seeking to achieve the following objectives:
A. Meet the minimum requirements for control of construction site and
postconstruction runoff of the New York State 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 NYS 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 streambank erosion, and to 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.
In accordance with the Municipal Home Rule Law of the State
of New York, the Town of Highlands Town Board has the authority to
enact and amend local laws for the purpose of promoting the health,
safety or general welfare of the Town of Highlands and for the protection
and enhancement of its physical environment. The Town Board may include
in any such local law provisions for the appointment of any municipal
officer, employee or independent contractor to effectuate, administer
and enforce such local law.
The following activities may be exempt from review under this
chapter:
A. Agricultural activity as defined in this chapter.
B. Alteration or maintenance of an existing structure which will not
have an impact on the quantity or quality of the surface water discharge
from the site.
C. Routine maintenance activities that disturb less than one acre of
land and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D. Repair to any stormwater management practice or facility deemed necessary
by the Building Inspector, Engineer or other person designated by
the Town Board.
E. Land development activity that received approval by the Town Planning
Board prior to the effective date of this chapter. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
F. Land development activity for which a building permit has been approved
prior to the effective date of this chapter. However, said activity
shall not be exempt from compliance with applicable state laws or
regulations governing stormwater management and control.
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.
K. Landscaping and horticultural activities in connection with an existing
structure, provided that such activities do not disturb one acre or
more of land.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover, including
ground cover, shrubs, brush and trees.
DEDICATION
The appropriation of property by its owner for general public
use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Design Manual, most recent
version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
GRADING
Excavation, filling or regrading or leveling of soil or rock
material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surface improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that has been or may be determined to be a federal
wetland; a New York State mapped wetland; or an area that is inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support a vegetation typically adapted for life in saturated
soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT
Construction activity, including but not limited to clearing,
grading, excavating, blasting, soil disturbance or placement of fill,
that results in disturbance of one or more acres of land, or activity
that disturbs less than one acre of land area that is part of a common
plan of development or sale which will or has disturbed one or more
acres of land, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, the developer, or any other
person holding proprietary rights in the land.
MAINTENANCE DECLARATION
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NONPOINT SOURCE POLLUTION
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
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 by the NYS DEC or Stormwater Management
Administrator as a cause of impairment of any water body that will
receive a discharge from the land development activity.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices and measures
that are designed to reduce stormwater runoff and mitigate its adverse
impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT ADMINISTRATOR
The Building Inspector, Town's Engineer or other person designated
by the Town Board to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices and measures
installed and operated for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation,
including snow melt.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), 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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain system.
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. These documents
are on file in the Town Hall and the Building Department.
(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. Water quality standards. No land development activity may cause an
increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
The Town of Highlands may require any person undertaking land
development activities regulated by this chapter to reimburse to the
Town the Town's reasonable costs for review of SWPPPs, preparation
of estimates of guaranty amounts, inspections, administrative work,
or SMP maintenance performed by or on behalf of the Town.
The purpose of this article is to provide for the health, safety
and general welfare of the citizens of the Town of Highlands through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES General Permit for Municipal Separate Storm
Sewer Systems. The objectives of this article are:
A. To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C. To prohibit illicit connections, activities and discharges to the
MS4;
D. To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article and impose penalties and remedies for noncompliance; and
E. To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating
and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a present or potential hazard to human health, safety,
property or the environment when improperly treated, stored, transported,
disposed of or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
A.
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater and wash water to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted or approved by an authorized enforcement
agency; and/or
B.
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps or
equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
164-18 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring authorization under the SPDES permit
for discharges from industrial activities except construction, GP-98-03,
as amended or revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
A.
Owned or operated by the Town of Highlands;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or occupant of premises, or as the owner's or occupant's
agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their MS4 permit may have caused or
has the reasonable potential to cause or contribute to the violation
of an applicable water quality standard. Under this condition the
municipality must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
B.
303(d) listed waters. The condition in the municipality's MS4
permit that applies where the MS4 discharges to a 303(d) listed water.
Under this condition the stormwater management program must ensure
no increase of the listed pollutant of concern to the 303(d) listed
water.
C.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where a TMDL, including requirements for
control of stormwater discharges, has been approved by EPA for a water
body or watershed into which the MS4 discharges. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to
September 10, 2003, the municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
D.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition the municipality
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the municipality must, within six months
of the TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT ADMINISTRATOR (SMA)
The Building Inspector, Engineer or other person designated
by the Town Board to enforce this chapter. The SMA may also be designated
by the municipality to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board and inspect
stormwater management practices.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This article shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Administrator(s) [SMA(s)] shall administer,
implement and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMA as may be authorized by the
Town Board.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this article or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A. The backup of sewage into a structure.
B. Discharges of treated or untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F. Contamination of off-site groundwater.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing or
continuance of discharges to the MS4.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment
and cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Town in person or by telephone or facsimile no later than the
next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Town within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
It shall be a violation of this article for any person to violate
any provision or fail to comply with any of the requirements of this
article or fail to comply with a permit or approval condition related
to the subject matter of this article. If a person has violated or
continues to violate the provisions of this article, the SMA may petition
for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the
person to perform abatement or remediation of the violation.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin or otherwise compel the cessation of such nuisance
may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.