[HISTORY: Adopted by the Town Board of the
Town of Mount Pleasant 2-28-2006 by L.L. No. 1-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 68.
Excavations and topsoil removal — See Ch. 96.
Flood damage prevention — See Ch. 108.
Freshwater wetlands — See Ch. 111.
Illicit storm sewer discharges and connections — See Ch. 124.
Sewers — See Ch. 172.
Water — See Ch. 211.
Zoning — See Ch. 218.
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 water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
C.
Clearing and grading during construction tend 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 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 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 of fact
herein. This chapter 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 ensure that these management practices are
properly maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town Board of the Town
of Mount Pleasant 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 Mount Pleasant and for the protection
and enhancement of its physical environment. The Town Board of the
Town of Mount Pleasant 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.
A.
This chapter shall be applicable to all land development
activities as defined in this chapter.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention
plans and forward such plans to the applicable municipal board. The
Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Mount
Pleasant, engage the services of a registered professional engineer
to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board;
or
(3)
Accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
C.
All land development activities subject to review
and approval by the applicable Board of the Town of Mount Pleasant
under subdivision, site plan, and/or special permit regulations shall
be reviewed subject to the standards contained in this chapter.
The following activities may be exempt from
review under this chapter.
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb less than
five acres and 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 on or before the effective date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
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.
K.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings set
forth in this section:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property
and occupying more than 100 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, which 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.
Those surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land acreage 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.
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 a long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and 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 the 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.
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.
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 that
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 the impoundment of waters of the
state.
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 required. No
application for approval of a land development activity shall be reviewed
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including type and size of project;
(b)
Site map/construction drawings(s) for the project,
including a general location map. At a minimum, the site map should
show:
[1]
The total site area;
[2]
All improvements;
[3]
Areas of disturbance;
[4]
Areas that will not be disturbed;
[5]
Existing vegetation;
[6]
On-site and adjacent off-site surface water(s);
[7]
Wetlands and drainage patterns that could be
affected by the construction activity;
[8]
Existing and final slopes;
[9]
Locations of off-site material, waste, borrow
or equipment storage areas; and
[10]
Location(s) of the stormwater discharges(s);
(c)
A description of the soil(s) present at the
site;
(d)
A construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
A description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(f)
A description of construction and waste materials
expected to be stored on site, with updates as appropriate, and a
description of controls to reduce pollutants from these materials,
including storage practices to minimize exposure of the materials
to stormwater and spill prevention and response;
(g)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project closeout;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and the duration that each practice should remain in place;
(l)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
(m)
The names(s) of the receiving water(s);
(n)
A delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
A description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
the runoff and the discharge of pollutants from exposed areas of the
site to the degree attainable; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities as defined in § 183-6 of this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 183-7B(3) below as applicable:
(a)
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the department's 303(d) list of impaired waters
or a total-maximum-daily-load (TMDL)-designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development
activities disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
A description of each postconstruction stormwater
management practice;
(c)
A site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
A hydrologic and hydraulic analysis for all
structural components of the stormwater management system for the
applicable design storms;
(e)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
A maintenance schedule to ensure continuous
and effective operation of each postconstruction stormwater management
practice;
(h)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with the transfer of title to the property.
C.
Plan certification. The SWPPP shall be prepared by
a landscape architect, certified professional or professional engineer
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meets
the requirements in this chapter.
D.
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.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
F.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this chapter.
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development
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 chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
The applicant or developer or his representative shall
be on site at all times when construction or grading activity takes
place and shall inspect and document the effectiveness of all erosion
and sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inches of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer and also copies to the site log
book.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the Town of Mount Pleasant to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded
by the grantor in the office of the County Clerk after approval by
the counsel for the Town of Mount Pleasant.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall operate and maintain them to achieve the goals
of this chapter. Proper operation and maintenance also includes, as
a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Mount Pleasant
shall approve a formal maintenance agreement for stormwater management
facilities binding on all subsequent landowners and recorded in the
office of the County Clerk as a deed restriction on the property prior
to final plan approval. The maintenance agreement shall be consistent
with the terms and conditions of Schedule B[1] of this chapter titled "Sample Stormwater Control Facility
Maintenance Agreement.” The Town of Mount Pleasant, in lieu
of a maintenance agreement, at its sole discretion may accept the
dedication of any existing or future stormwater management facility,
provided such facility meets all the requirements of this chapter
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Said Schedule B is on file
in the Town offices.
A.
Erosion and sediment control inspection.
(1)
The Town of Mount Pleasant 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 stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town of Mount Pleasant enforcement official at least
48 hours before any of the following as required by the Stormwater
Management Officer:
(a)
The start of construction.
(b)
The installation of sediment and erosion control
measures.
(c)
The completion of site clearing.
(d)
The completion of rough grading.
(e)
The completion of final grading.
(f)
The close of the construction season.
(g)
The completion of final landscaping.
(h)
The successful establishment of landscaping
in public areas.
(2)
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 any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.
Stormwater management practice inspections. The Town
of Mount Pleasant Stormwater Management Officer, is responsible for
conducting inspections of stormwater management practices (SMPs).
All applicants are required to submit as-built plans for any stormwater
management practices located on site after final construction is completed.
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any 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 with discharges of a type
that are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
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 stormwater management practices.
D.
Submission of reports. The Town of Mount Pleasant
Stormwater Management Officer may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
E.
Right-of-entry for inspection. 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 Town of Mount Pleasant the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 183-10C.
F.
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
Mount Pleasant in its approval of the stormwater pollution prevention
plan, the Town of Mount Pleasant 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 Mount Pleasant as the beneficiary. The security
shall be in an amount to be determined by the Town of Mount Pleasant
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 Mount Pleasant, 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 Mount Pleasant. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
G.
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 Mount Pleasant 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 Mount Pleasant
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
H.
Recordkeeping. The Town of Mount Pleasant may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
I.
Notice of violation. When the Town of Mount Pleasant
determines that a land development activity is not being carried out
in accordance with the requirements of this chapter, it may issue
a written notice of violation to the landowner. The notice of violation
shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
J.
Stop-work orders. The Town of Mount Pleasant may issue
a stop-work order for violations of this chapter. Persons a 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 Mount Pleasant 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.
K.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
L.
Penalties for offenses. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
M.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land.
N.
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 Mount Pleasant may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
A.
Severability. If the provisions of any article, section,
subsection, paragraph, subdivision or clause of this chapter 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 chapter.
B.
when effective. This chapter shall be effective upon
filing with the office of the Secretary of State.
[Added 6-28-2011 by L.L. No. 2-2011]
A.
No person shall commence or otherwise perform any land development
activity in the Town of Mount Pleasant that involves 250 square feet
or more of disturbance in all zones, except where 100 square feet
or more of disturbance is proposed in the R-10 zone, without first
obtaining the proper stormwater management control permit from the
Town Engineer, in addition to all other necessary local, state and
federal permits.
B.
Nothing in this section shall be construed to be less restrictive
than current New York State Department of Environmental Conservation
(NYS DEC) requirements. It is the intent of this section to address
land disturbance on those land parcels not covered by a NYS DEC SPDES
permit.
C.
The information below outlines the obligations required of applicants
in order to obtain a Town of Mount Pleasant stormwater management
control permit, including application forms and permit requirements:
(1)
Application forms. The applicant shall fill out and submit the following
information in triplicate for all stormwater control permits in accordance
with the provisions of this chapter. The forms are available from
the Town Engineering Department and the Town website:
(a)
Stormwater management control permit application form;
(b)
Project commencement and completion forms. Please note that
the project commencement form must include a total project cost estimate
by the project design professional. Upon approval of the total construction
cost estimate by the Town Engineer, the applicant shall submit the
construction inspection fee of 1/2% of the total construction cost
estimate;
(c)
Application fee of $150; this is in addition to the inspection
fee;
(d)
Erosion and sediment control plan;
(e)
Stormwater pollution prevention plan;
(f)
Stormwater management design calculations;
(g)
Affidavit of ownership;
(h)
Contractor certification.
(2)
Design calculations. The applicant shall provide design calculations,
prepared by the project's design professional, to support the
stormwater management and erosion and sediment control plan for the
project site. Calculations must conform to the following standards,
methodology and criteria as noted below:
(a)
Standards. The following documents shall serve as the official
guides and specifications for stormwater management. Stormwater management
practices that are designed and constructed in accordance with these
technical documents shall be presumed to meet the standards imposed
by this chapter.
[1]
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
[2]
New York Standards and Specifications for Erosion and Sediment
Control (New York State Department of Environmental Conservation,
Division of Water, August 2005, or most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
[3]
The Westchester County Best Management Practices Manual for
Erosion and Sediment Control and/or Stormwater Management may also
be utilized for stormwater practices for pollutant removal and flow
attenuation. However, if conflicts are found between the above New
York State Standards and the County Best Management Practices, the
New York State Standards shall govern.
(b)
Methodology. Stormwater shall be managed on site using stormwater
control measures designed to afford optimum protection of ground-
and surface waters. Stormwater calculations for determining stormwater
volume and flow rate shall be performed in accordance with either
the Rational Method or TR-55 or Westchester County Best Management
Practices Manual for Stormwater Management, as determined by the Town
Engineer.
(c)
Criteria.
[1]
Stormwater calculations shall be based upon the twenty-five-year
design storm, unless project characteristics require higher standards,
as determined by the Town Engineer. For the convenience of design
professionals, the following rainfall intensity and frequency data
for the twenty-four-hour Type III rainfall distribution for Westchester
County shall be utilized as required to comply with the requirements
of this chapter:
Rainfall Intensity
(inches)
| |||||||
---|---|---|---|---|---|---|---|
1 Year
|
2 Year
|
5 Year
|
10 Year
|
25 Year
|
50 Year
|
100 Year
|
Annual
|
2.8
|
3.5
|
4.5
|
5.0
|
6.0
|
7.0
|
7.5
|
49.5
|
[2]
Stormwater design calculations shall consider all existing and
new impervious surfaces, including but not limited to roof areas,
driveways, patios, deck areas, swimming pools and walkways, unless
the Town Engineer allows consideration of the new impervious areas
only.
[3]
Infiltration devices shall not be installed up-gradient within
20 feet of the subsurface treatment system of a wastewater treatment
system, subject to Westchester County Department of Health regulations.
Infiltration devices for roadways, parking lots, and other areas subject
to vehicle traffic shall not be installed within 50 feet of any water
well, wetland or water body, subject to Westchester County Department
of Health regulations.
[4]
The bottom of any infiltration device shall be a minimum of
two feet above seasonal high groundwater mark and two feet above bedrock.
Deep test holes shall be dug at the location of the proposed stormwater
control facility, which shall be witnessed by the Town Engineer or
a duly appointed Town representative. A log of the deep test holes
and the percolation tests shall be provided on the SWPPP.
[5]
Infiltration devices and buildings shall be designed to maintain
maximum attainable horizontal distance separation from wells, water
bodies and wetlands.
[6]
The minimum horizontal distance from an infiltration device
to a property line is 10 feet.
[7]
The minimum horizontal distance from an infiltration device
to a structure with a habitable basement or below-ground storage area
shall be 20 feet.
[8]
Stormwater management facilities shall include a sedimentation
device to prevent clogging and reduced performance of the facility.
[9]
Stormwater management facilities shall include recommendations
for special measures regarding maintenance operations, as required
by the Town Engineer. This shall include, but not be limited to, annual
reports of maintenance and cleaning for commercial properties.
(3)
Stormwater pollution prevention plan (SWPPP). The applicant shall
provide a stormwater management pollution prevention plan which shall
include erosion and sediment control for the project. The plan must
conform to the following map standards, indicate the following existing
and proposed map information, and include construction and housekeeping
requirements, as noted below, or as directed by the Town Engineer:
(a)
Map standards and requirements.
[1]
A general location map, including property zoning information;
[2]
North arrow and map legend;
[3]
Site map shall be at a scale no smaller than one inch equals
50 feet. Larger-scale maps shall be used for single-family parcels
and small commercial lots, as determined by the Town Engineer;
[4]
Existing and proposed topography;
[5]
Indication of existing and proposed drainage patterns, wetlands,
wetland buffers, water bodies and areas of one-hundred-year floodplain,
where applicable;
[6]
Classification and description of the soil(s) present at the
site;
[7]
Areas of vegetation, and the size and species of all trees with
a trunk diameter of six inches or greater at a point four feet above
ground level;
[8]
Structures and paved area;
[9]
Areas of proposed excavation, grading and filling;
[10]
Existing and proposed stormwater conveyances/utilities both
on site, in the right-of-way and in the abutting areas, as well as
other utilities;
[11]
Proposed materials of construction;
[12]
Soil stockpile storage areas;
[13]
Proposed construction drawings which describe the location,
size, length, materials and installation details for all on-site stormwater
treatment, detention, retention, erosion and sediment control practices.
Profiles of the stormwater treatment facility shall be provided.
(4)
Construction obligations.
(a)
Contractor responsibilities.
[1]
Each contractor and subcontractor identified in the SWPPP to
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a permit compliance certification
statement before undertaking any land development activity.
[2]
The applicant, developer or operator of the land development
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, developer or operator to achieve
compliance with the conditions of this chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
[3]
A copy of the approved SWPPP shall be retained at the site during
construction, from the date of initiation of construction activities
to the date of final stabilization.
[4]
The applicant or developer or their representatives shall be
on site at all times when construction or grading activity takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. A copy of the reports shall be
delivered to the Town of Mount Pleasant Engineering Department.
(b)
Inspection responsibilities.
[1]
The Town of Mount Pleasant Town Engineer and/or the Building
Department, under the supervision and direction of the Town Engineer,
is responsible for conducting inspections of both stormwater management
and sediment and erosion control practices.
[2]
Such inspections shall be performed as necessary, and as noted
below, 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 stormwater pollution prevention plan (SWPPP) as approved. To obtain
inspections, the applicant shall notify the Town Engineer at least
48 hours prior to any of the following project actions, as applicable:
[3]
If any violations are found, the applicant and/or developer
and/or contractor and/or operator shall be notified in writing of
the nature of the violation and required corrective action. The applicant
and/or developer and/or contractor and/or operator shall take immediate
action, within 24 hours of receipt of the violation document, to remedy
the situation. No further work shall be conducted at the site, except
for site stabilization, until all violations are corrected and all
work previously completed has received approval by the Town Engineer.
If the violations are not corrected within the twenty-four-hour period,
the Town Engineer will process, serve and file a complaint, together
with a supporting deposition returnable within two weeks in the Town
Justice Court.
(5)
Post-construction obligations.
(a)
Operation and maintenance responsibilities. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall at all times operate and maintain the practices
to achieve the goals of this chapter. Proper operation and maintenance
includes, at a minimum, the following:
[1]
A preventive/corrective maintenance program for all facilities
and systems of treatment and control and related appurtenances that
are installed or used by the owner or operator to achieve the goals
of this chapter.
[2]
Discharges from the SWPPPs shall not exceed design criteria,
or cause or contribute to water quality standard violations.
[3]
Land development activity shall not cause an increase in turbidity
that will result in substantial visible contrast to natural conditions.
(6)
Easement. The Town of Mount Pleasant has the right of access across
lands involved in the stormwater management control permit, at reasonable
times, for Town personnel to inspect, repair, or to ensure that the
facilities in the SWPPP are maintained in proper working condition
by the owner. However, the obligation to repair and maintain the facility
is wholly the responsibility of the owner who will hold the Town harmless
from all liability, financial and otherwise, should the Town of Mount
Pleasant be forced to repair the facility.