A.
All land development activities shall be subject to the performance
and design criteria set forth in this section.
B.
Technical standards. 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:
C.
Water quality standards. No land development activity shall cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
A.
Notwithstanding any of the foregoing, any applicant for any demolition
or building permit shall be required to offset by on-site retention
the increase in the rate of surface water runoff from the proposed
development. This shall be done to the satisfaction of the Stormwater
Management Officer.
B.
Exceptions.
(1)
When the Stormwater Management Officer finds that the increase cannot
be offset satisfactorily by on-site retention, he/she may permit the
increment of the increase which cannot be retained ("increment") to
be carried away by the land's natural drainage, provided that
such increment will not impair the permitted use or development of
those lands over or onto which such water will naturally flow.
(2)
When the Stormwater Management Officer finds that the increase cannot
be offset satisfactorily by on-site retention, he/she may permit such
increment to be discharged into a Town stormwater facility, provided
that the applicant has established that the Town facility has sufficient
capacity. Where he/she determines it to be necessary, the Stormwater
Management Officer shall require the installation of water quality
improvement measures prior to such connection. The Stormwater Management
Officer may waive or reduce any of the requirements of this section
if he/she determines that such existing Town stormwater facility is
of adequate size and will discharge surface water runoff directly
to a watercourse or the Long Island Sound without adversely affecting
drainage from any other area.
A.
In order to ensure the full and faithful completion of all land development
activities the Town of Mamaroneck shall 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 Mamaroneck as the beneficiary. The security
shall be in an amount to be determined by the Stormwater Management
Officer 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 Stormwater Management Officer, 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 Stormwater Management Officer.
B.
In cases where a wetlands and watercourses permit has been issued to the same applicant, the Stormwater Management Officer may allow a single bond for both permits if it is determined that such bond is sufficient for the purposes of this chapter and Chapter 114, Wetlands and Watercourses.
C.
By acceptance of the permit, the owners of the property, their heirs,
successors and assigns shall be responsible for the future maintenance,
repair and replacement of all required stormwater management facilities
to the satisfaction of the Stormwater Management Officer.
D.
Slopes which are found to be eroding excessively within one year
after completion of all work must be provided with additional stabilizing
measures until the problem is corrected. If erosion continues, the
Town will take such measures as necessary to achieve stabilization
and charge the owners of the property, their heirs, successors and
assigns for the costs incurred in achieving stabilization.
Where stormwater management practices are to be operated and
maintained after the project is completed, the person or entity responsible
for its operation or maintenance shall be required to provide the
Town of Mamaroneck with a performance bond, cash escrow account or
an irrevocable letter of credit from an approved financial institution
or surety which ensures the proper operation and maintenance of all
stormwater management practices after construction. If the stormwater
management practice is not properly operated or maintained, the Town
of Mamaroneck may draw upon the performance bond, cash escrow account
or irrevocable letter of credit to cover the costs of proper operation
and maintenance, including engineering, inspection costs and attorney's
fees.
The Town of Mamaroneck may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
A.
Violations.
(1)
If the Stormwater Management Officer determines that there exists
a violation of the terms and conditions of any surface water and erosion
control permit or stormwater pollution prevention permit issued pursuant
to this chapter, written notification of such violation shall be given
to the applicant by posting a copy at the site and by mailing a copy
to the applicant's last known address.
(2)
All such notifications of violations shall contain the time, place
and nature of the violation, the time within which the violation must
be corrected and a statement that the permit will be suspended or
revoked if the applicant fails to correct the violation.
(3)
If the applicant fails to correct any violation of the terms and
conditions of the permit issued pursuant to this chapter within the
time period specified, or within 30 days if no time is specified,
the Stormwater Management Officer may cause the violation to be corrected.
The cost thereof shall be assessed against the property upon which
the violation occurred. Such amount shall be levied against the property
in the same manner as Town taxes are levied, and it shall constitute
a lien upon the property. The Town can use the bond to satisfy such
an assessment or lien, and the applicant will remain liable for any
amount not satisfied by the bond.
(4)
Failure of the applicant or its successors and assigns to maintain,
repair or replace a stormwater management practice in an appropriate
manner shall be a violation of this chapter. If the Stormwater Management
Officer determines that such a violation has occurred, written notification
of such violation shall be given to the applicant or its successor
or assign by posting a copy at the site and by mailing a copy to the
address of the property. All such notifications of violations shall
contain the time, place and nature of the violation and the time within
which the violation must be corrected.
(5)
If the applicant or its successors or assigns fails to correct the
violation in the maintenance, repair or replacement of a stormwater
management practice within the time period specified, or within 30
days if no time is specified, the Stormwater Management Officer may
cause the violation to be corrected. The cost thereof shall be assessed
against the property upon which the violation occurred. Such amount
shall be levied against the property in the same manner as Town taxes
are levied, and it shall constitute a lien upon the property. The
Town can use the bond to satisfy such an assessment or lien, and the
applicant will remain liable for any amount not satisfied by the bond.
A.
Any person who violates this chapter 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 may take
necessary corrective action. The cost thereof shall be assessed against
the property upon which the violation occurred. Such amount shall
be levied against the property in the same manner as Town taxes are
levied, and it shall constitute a lien upon the property.
B.
The Town may require any person undertaking land development activities
regulated by this chapter to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections, or stormwater management practice
maintenance performed by the Town or performed by a third party for
the Town.
The Town may issue a stop-work order for violations of this
chapter. Persons receiving a stop-work order shall be required to
halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Town confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this chapter.
No permanent certificate of occupancy shall be issued unless
the terms and conditions of this chapter have been complied with to
the satisfaction of the Stormwater Management Officer.
A.
If the Stormwater Management Officer determines by inspection that
the nature of the site is such that further work authorized by an
existing permit is likely to imperil any property, public way, watercourse
or drainage structure, the Stormwater Management Officer may order
that reasonable special precautions be taken to avoid the likelihood
of such peril. "Special precautions" may include but shall not be
limited to a more level exposed slope, construction of additional
drainage facilities, berms, terracing, compaction or cribbing, installation
of plant materials for erosion control or recommendations of the applicant's
experts.
B.
The Stormwater Management Officer shall have the authority to suspend
or revoke a surface water and erosion control permit or stormwater
pollution prevention permit if:
(1)
Activities at the site are not in accordance with the surface water
and erosion control plan or the SWPPP, as the case may be; or
(2)
If, in the Stormwater Management Officer's opinion, continuation
of construction in accordance with the surface water and erosion control
plan or the SWPPP, as the case may be, is likely to imperil any property,
public way, watercourse or drainage structure.
C.
Any person who violates any of the provisions of this chapter shall
be liable for a civil penalty of not more than $2,500 for the first
day and an additional penalty of not more than $2,000 for each additional
day during which such violation continues.
D.
The Town may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this chapter or the terms and conditions
of any permit granted hereunder.
E.
Every surface water and erosion control permit shall expire and become
null and void if the work authorized by such permit has not begun
within six months of issuance. If the applicant must obtain a building
permit as well as a surface water and erosion control permit, the
surface water and erosion control permit shall be valid so long as
the building permit is valid. In all other cases, the surface water
and erosion control permit shall be valid for two years. If written
application is made before the expiration date of the permit, the
Stormwater Management Officer may, if the applicant presents satisfactory
evidence that unusual difficulties have prevented the start or completion
of work within the specified time limits, grant a reasonable extension
of time.
F.
Every stormwater pollution prevention permit shall expire and become
null and void if the work authorized by such permit has not begun
within one year of issuance or is not completed within five years
of issuance, except that if written application is made before the
expiration date of the permit, the Stormwater Management Officer may,
if the applicant presents satisfactory evidence that unusual difficulties
have prevented the start or completion of work within the specified
time limits, grant a reasonable extension of time.
A.
The applicant shall not commence the work authorized by a surface
water and erosion control permit or stormwater pollution prevention
permit unless the applicant has notified the Stormwater Management
Officer at least two business days before commencing work.
B.
The Stormwater Management Officer may require such inspections as
necessary to determine compliance with this chapter and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the surface water and erosion control plan or the stormwater pollution
prevention plan as approved. To obtain inspections, the applicant
shall notify the Stormwater Management Officer at least 48 hours before
any of the following:
(1)
Start of construction;
(2)
Installation of erosion and sediment control devices;
(3)
Installation of stormwater management practices;
(4)
Completion of site clearing;
(5)
Completion of rough grading;
(6)
Completion of final grading;
(7)
Close of the construction season;
(8)
Completion of final landscaping; and
(9)
Establishment of landscaping in public areas.
The Town may enter upon the applicant's property for the
purpose of making any investigation, inspection, survey or other activity
that may be necessary for any of the purposes of this chapter. If
the applicant does not consent to such entry, the appropriate Town
official is empowered to apply to the Town Court for an administrative
search warrant permitting such inspection.
Wherever this chapter is inconsistent with any other ordinance
of the Town of Mamaroneck, whichever imposes the more stringent restrictions
shall prevail.
If the provisions of this chapter shall be judged invalid by
a court of competent jurisdiction, such order or judgment shall not
affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this chapter.
A.
Upon the filing of an application for a surface water and erosion control permit or a stormwater pollution prevention permit, the fees denoted in Chapter A250 shall be paid, except that no fee shall be required when the separate permit requirement has been waived by the Stormwater Management Officer in accordance with § 95-9.
(1)
Filing fees.
(a)
For a surface water and erosion control permit for a parcel
with an existing one- or two-family dwelling: $200.
(b)
For a surface water and erosion control permit for the construction
of a new one- or two-family dwelling on either a vacant parcel or
on a parcel where greater than 50% of an existing residence is demolished:
$375.
(c)
For a surface water and erosion control permit in all other
cases: $375.
(d)
For a stormwater pollution prevention permit: $500.
(2)
Permit fees.
(a)
For a surface water and erosion control permit for a parcel
with an existing one- or two-family dwelling: $150.
(b)
For a surface water and erosion control permit for the construction
of a new one- or two-family dwelling on either a vacant parcel or
on a parcel where greater than 50% of an existing residence is demolished:
$200.
(c)
For a surface water and erosion control permit in all other
cases: $300. If the anticipated cost of the work covered by the permit
exceeds $5,000, there shall be, in addition to the minimum fee, an
additional fee of 6% of the anticipated cost that exceeds $5,000.
This 6% is not part of the engineering fee for site plan approval.
(d)
For a stormwater pollution prevention permit: $500.
(3)
Fee for applicant-requested modification: $75 for each modification,
provided that no work has commenced. If work pursuant to the permit
has commenced, the modification fee will be $125 per modification.
(4)
The minimum inspection fee for a parcel with a one- or two-family
dwelling will be $100; for all other residential parcels, $150, and
for commercial parcels, $250.
(5)
If work is commenced prior to the permit being issued, all fees for
the project will be doubled.
B.
If an application for the surface water and erosion control permit
is not approved, the applicant shall not be entitled to a refund of
any filing or modification fee(s).
