[Added 2-19-2008 by L.L. No. 7-2011]
This article may be known and cited as the "Stormwater Control
Ordinance for the Village of Buchanan."
For purposes of this article and where not inconsistent with
the context of a particular section, the defined terms, phrases, words,
abbreviations and their derivations shall have the meanings given
in this section. When not inconsistent with the context, words in
the present tense include the future tense, words used in the plural
number include words in the singular number, and words in the singular
number shall include the plural number. The word "shall" is always
mandatory, and not merely directory.
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, updated version, that serves as the official guide for stormwater
management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate 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 area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source, other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, 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, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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, 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.
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.
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 this jurisdiction
and to address the following findings of fact:
(1)
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.
(2)
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(8)
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.
(9)
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.
B.
As such, the Board adopts an overall policy with respect to stormwater
management and erosion control for the express purpose of achieving
the following objectives:
(1)
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;
(2)
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;
(3)
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
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 Village Board of Trustees of the Village of Buchanan,
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 article.
C.
All land development activities subject to review and approval by
the Planning Board under site plan development regulations shall be
reviewed subject to the standards contained in this article.
The following activities may be exempt from review under this
article:
A.
Agricultural activity as defined in this article.
B.
Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
C.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
D.
Any part of a subdivision if a plat for the subdivision has been
approved by the Village of Buchanan on or before the effective date
of this article.
E.
Land development activities for which a building permit has been
approved on or before the effective date of this article.
F.
Cemetery graves.
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.
J.
Landscaping and horticultural activities in connection with an existing
structure.
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 article.
A.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project;
(2)
Site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not
be disturbed; existing vegetation; on-site and adjacent off-site surface
water(s); wetlands and drainage patterns that could be affected by
the construction activity; existing and final slopes; locations of
off-site material, waste, borrow or equipment storage areas; and location(s)
of the stormwater discharges. The site map should be at a scale no
smaller than one inch equals 30 feet;
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than 2.5 acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected to be stored
on site, with updates as appropriate, and a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(7)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project closeout;
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control
measures;
(11)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(16)
Any existing data that describes the stormwater runoff at the
site.
B.
Land development activities as defined in § 211-87 of this article 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 below, as applicable:
(1)
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.
(2)
Condition B: stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land development activity 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.
C.
SWPPP requirements for Conditions A, B and C:
(2)
Description of each post-construction stormwater management practice.
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms.
(5)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions.
(6)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(8)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property.
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 211-97 of this article.
(10)
For Condition A, 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 meet 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.
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."
B.
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.
C.
The certification statement(s) shall become part of the SWPPP for
the land development activity.
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 article, the following
documents shall serve as the official guide 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.
(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)
The 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.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 211-96A, and the SWPPP shall be prepared by a licensed professional.
C.
Water
quality standards. Any land development activity shall not cause an
increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the state of New York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
representative 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 article. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
For land development activities as defined in § 211-87 and meeting Condition A, B or C in § 211-92B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
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 Village of Buchanan 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 counsel for the Village of Buchanan.
C.
Maintenance
after construction.
(1)
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall ensure they are operated
and maintained 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 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 article.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
D.
Maintenance
agreements. The Village of Buchanan 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 of this article, entitled "Sample Stormwater Control Facility Maintenance
Agreement."[1] The Village of Buchanan, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this article 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 article.
This article shall be effective upon filing with the office
of the Secretary of State.
In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of Buchanan in its approval of the stormwater pollution prevention plan, as a condition of approval of under this article, the SWPPP is subject to the same conditions as set forth in § 211-28.
A.
Notice of violation. When the Village of Buchanan determines that
a land development activity is not being carried out in accordance
with the requirements of this article, 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 article 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.
B.
Stop-work
orders. The Village of Buchanan may issue a stop-work order for violations
of this article. 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 Village of Buchanan 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 article.
C.
Violations.
Any land development activity that is commenced or is conducted contrary
to this article may be restrained by injunction or otherwise abated
in a manner provided by law.
D.
Penalties.
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this article
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 article
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.
E.
Withholding
of certificate of occupancy. If any building or land development activity
is installed or conducted in violation of this article, the Stormwater
Management Officer may prevent the occupancy of said building or land.
F.
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 Village of Buchanan may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
The Village of Buchanan may require any person undertaking land
development activities regulated by this article to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Village of Buchanan or performed by a
third party for the Village of Buchanan.[1]
[1]
Editor's Note: Former Art. XV, Senior Multifamily Housing,
added 7-5-2016 by L.L. No. 1-2016, consisting of §§ 211-103 through 211-107,
which immediately followed this section, was repealed 10-2-2018 by
L.L. No. 4-2018.
