The Board of Trustees hereby determines:
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, grading, excavating, soil disturbance, or
placement of fill 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 streambank 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 Village.
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 article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village of Hastings-on-Hudson and to address the legislative findings in §
250-1 above. This article 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 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 that would otherwise degrade
local water quality.
E. Minimize the total annual volume of stormwater runoff
that flows from any specific site during and following development
to the maximum extent practicable.
F. Reduce stormwater runoff rates and volumes, soil erosion,
and nonpoint source pollution, wherever possible, through stormwater
management practices and 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 using
runoff reduction techniques, to the maximum extent practicable.
[Added 1-18-2011 by L.L. No. 2-2011]
The following activities may be exempt from
review under this article:
A. Agricultural activity as defined in this article.
C. Routine maintenance activities that disturb less than
one acre and are performed to maintain the original line and grade.
D. Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E. Land development activities for which a building permit
has been approved and is still in effect on or before the effective
date of this article.
G. Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H. Emergency activity immediately necessary to protect
life, property, or natural resources.
I. Activities of an individual engaging in home gardening
by growing flowers, vegetables, and other plants primarily for use
by that person and his or her family.
As used in this article, the following terms
shall have the meanings indicated:
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
Any individual or individuals, firm, partnership, association,
corporation, organization or other legal entity of any kind, including
municipal corporations, governmental agencies or subdivisions thereof,
filing an application for a land development activity subject to the
provisions of this article.
BUILDING
The term "building" as defined in §
295-5 of the Village Code now or as hereafter amended.
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.
DEDICATION
The deliberate 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 Management 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 or fill of material, including the resulting conditions
thereof.
GREEN INFRASTRUCTURE
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 1-18-2011 by L.L. No. 2-2011]
IMPERVIOUS COVER
Those surfaces, improvements, and structures that cannot
effectively infiltrate rainfall, snowmelt, and water (e.g., building
rooftops, pavement, sidewalks, driveways, etc.).
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grubbing, grading,
excavating, soil disturbance, or placement of fill that results in
land disturbance of equal to or greater than 10,000 square feet in
area.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and that 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.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies, or subdivisions
thereof.
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 as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
QUALIFIED INSPECTOR
A person who is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
Certified Professional in Erosion and Sediment Control (CPESC), or
registered landscape architect, or someone working under 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 1-18-2011 by L.L. No. 2-2011]
RECHARGE
The replenishment of undergroundwater reserves.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
SILVICULTURAL
Of or relating to the management and care of forests.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued by the duly authorized municipal authority
that requires that all land development activity and other construction
activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt, and drainage.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized, and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER (SMO)
An employee 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.
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.
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 undergroundwaters), that are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, that
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water that 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.
TRAINED CONTRACTOR
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company that meets the qualified inspector qualifications.
[Added 1-18-2011 by L.L. No. 2-2011]
VILLAGE
The Village of Hastings-on-Hudson.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
No application for approval of a land development
activity shall be reviewed until the appropriate approving authority
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications of this article.
The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sediment control, professional
engineer, or other professional deemed acceptable by the NYSDEC and
must be signed by the professional preparing the plan who shall certify
that the design of all stormwater management practices meets the requirements
in this article.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
A 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.
For the purpose of this article, 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 article. Copies
of the two manuals are on file the office of the Stormwater Management
Officer.
A. 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").
B. 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").
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.
Prior to the issuance of any approval that has
a stormwater management facility as one of the requirements, the owner,
applicant, or developer must execute an easement that shall be binding
on all subsequent landowners served by the stormwater management facility.
The easement shall be in a form acceptable to the Village Attorney
and shall provide for access to the facility at reasonable times for
periodic inspection by the Village to ensure that the facility is
maintained in proper working condition to meet design standards and
any other provisions established by this article. The easement shall
be recorded by the grantor in the office of the County Clerk after
approval by the Village Attorney.
The owner or operator of permanent stormwater
management practices installed in accordance with this article shall
operate and maintain the stormwater management practices to achieve
the goals of this article. Proper operation and maintenance also includes,
as a minimum, the following:
A. A preventive/corrective maintenance program for all
facilities and systems of treatment and control (or related appurtenances)
that are installed or used by the owner or operator to achieve the
goals of this article.
B. Written procedures for operation and maintenance and
training new maintenance personnel.
C. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §§
250-12 and
250-13.
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 New York State licensed land surveyor or professional
engineer.
The SMO may require monitoring and reporting
from entities subject to this article as are necessary to determine
compliance with this article.
When any new stormwater management facility
is installed on private property or when any new connection is made
between private property and the public stormwater system, the landowner
shall grant to the Village the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
Entities subject to this article shall maintain
records demonstrating compliance with this article.
Application fees established by resolution of the Village Board of Trustees shall be submitted with the application. In addition, in accordance with the provisions of Chapter
223 of the Village Code, any person undertaking land development activities regulated by this article shall reimburse the Village for the cost of professional services incurred by the Village for the review of SWPPPs and for the performance of inspections and/or maintenance activities as provided in this article. The Village may establish escrow accounts for these purposes as provided in Chapter
223 of the Village Code.
As used in this article, the following terms
shall have the meanings indicated:
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.
HAZARDOUS MATERIAL
Any material, including any substance, waste, or combination
thereof, that because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property, or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
250-31A of this article.
ILLICIT CONNECTION
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the MS4, including but not
limited to:
A.
Any conveyances that allow any nonstormwater
discharge, including but not limited to 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 agency; or
B.
Any drain or conveyance connected from a commercial
or industrial land use to the MS4 that has not been documented in
plans, maps, or equivalent records and approved by an authorized agency.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
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 Village of Hastings-on-Hudson;
B.
Designed or used for collecting or conveying
stormwater;
C.
That is not a combined sewer; and
D.
That is not part of a publicly owned treatment
works (POTW) as defined at 40 CFR 122.2.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual or individuals, firm, partnership, association,
corporation, company, organization, or other legal entity of any kind,
including municipal corporations, governmental agencies, or subdivisions
thereof.
POLLUTANT
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORMWATER
Rainwater, surface runoff, snowmelt, and drainage.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Village to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable Village board, and inspect stormwater management
practices.
VILLAGE
Village of Hastings-on-Hudson.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
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 Officer (SMO) shall
administer, implement, and enforce the provisions of this article.
Such powers granted or duties imposed upon the SMO may be delegated
by the SMO as may be authorized by the Village Manager.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Any person subject to an industrial or construction
activity SPDES or NPDES 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 Village prior to the allowing
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 that 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 Village 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 Village within three business days of the 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 unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the SMO may petition for a preliminary or permanent
injunction restraining the person from activities that 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 Village
to seek cumulative remedies.