[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 5-5-2004 by L.L. No. 1-2004 (Ch. 14 of the 1972 Code). Amendments
noted where applicable.]
A.Â
Background.
(1)Â
In 1972, amendments to the Federal Water Pollution Control Act prohibited
the discharge of pollutants into navigable waters from a point source
unless authorized by a National Pollutant Discharge Elimination System
(NPDES) permit. Improving water quality under this program focused
on industrial wastewater and municipal sewage discharges. Once the
United States Environmental Protection Agency (EPA) found an improvement
in pollution control of these point source discharges, it shifted
its regulatory focus to nonpoint source pollution, namely urban stormwater
runoff. A series of studies in the 1980s identified many pollutants
in stormwater discharges from a variety of sources, including streets,
parking lots, lawns, construction sites, highway yards and other urban
commercial and industrial uses. As a result, in 1990 the EPA established
Phase I stormwater regulations for large communities with populations
greater than 100,000 which required National/State Pollution Discharge
Elimination System (N/SPDES) permits for certain municipal and industrial
stormwater discharges. In 1991 Phase II of these regulations was finalized,
requiring smaller communities within urbanized areas to develop plans
for the control of stormwater within their jurisdictions by March
2003, with implementation by 2008.
(2)Â
The Village of Malverne, as an operator of a municipal separate stormwater
system (MS4), is subject to these permitting requirements as the State
of New York Department of Environmental Conservation has designated
the Village as an "Automatically Designated Urbanized Area." The initial
step toward providing a stormwater pollution prevention plan under
Phase II is to develop and implement six minimum measures, including
public education, public involvement, detection and elimination of
illicit connections, construction site runoff, post-construction stormwater
controls, pollution prevention and good housekeeping. This chapter
is intended to meet a number of these measures. The various provisions
of this chapter work to meet these objectives by regulating the impacts
of construction activity in the Village on soil erosion and stormwater
runoff. For most single-family residences, stormwater runoff is managed
with the installation of dry wells, catch basins, driveway and/or
curtain drains, or piping to nearby existing municipal storm sewer
systems. Typical erosion control measures include the installation
of silt fences and hay bales around the property during construction.
(3)Â
This chapter acknowledges the difference between large construction
projects typically requiring Planning Board site plan or subdivision
approval and more modest additions or improvements by requiring more
detailed information for the large projects and basic information
for the smaller projects.
B.Â
Findings. The Board of Trustees of the Village of Malverne finds
that uncontrolled drainage and runoff associated with land development
have a significant impact upon the health, safety and welfare of the
community. Specifically:
(1)Â
Stormwater runoff can carry pollutants into receiving water bodies,
degrading water quality.
(2)Â
The increase in nutrients in stormwater runoff such as phosphorus
and nitrogen accelerates eutrophication of receiving waters.
(3)Â
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing stream bank erosion and
sedimentation.
(4)Â
Construction involving land clearing and the alteration of natural
topography increases erosion.
(5)Â
Siltation of water bodies resulting from increased erosion decreases
their capacity to hold and transport water, interferes with navigation
in downstream harbors, and harms flora and fauna.
(6)Â
Sediment from soil erosion clogs catch basins, storm sewers and ditches
and pollutes and silts streams, rivers, lakes, reservoirs and harbors.
(7)Â
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
(8)Â
Improperly managed stormwater runoff can increase the incidence of
flooding and the level of floods which occur, endangering property
and human life.
(9)Â
Substantial economic losses can result from these adverse impacts
on community waters.
(10)Â
Many future problems can be avoided if land is developed with
sound stormwater runoff management practices.
In order to protect, maintain and enhance both the immediate
and long-term health, safety and general welfare of the citizens of
the Village of Malverne, this chapter has the following objectives
in accordance with certain measures identified in the SPDES Phase
II regulations:
A.Â
To prevent increases in the magnitude and frequency of stormwater
runoff so as to prevent an increase in flood flows and in the hazards
and costs associated with flooding.
B.Â
To prevent decreases in groundwater recharge and stream base flow
so as to maintain aquatic life, assimilative capacity, and potential
water supplies.
C.Â
To maintain the integrity of stream geometry so as to sustain the
hydrologic functions of streams.
D.Â
To control erosion and sedimentation so as to prevent its deposition
in streams and other receiving water bodies.
E.Â
To regulate and control the design, construction, use and maintenance
of any development or other activity which disturbs or breaks the
topsoil or results in the movement of earth on land situated in the
Village.
F.Â
To facilitate the removal of pollutants in stormwater runoff so as
to perpetuate the natural biological and recreation functions of streams,
water bodies and wetlands.
G.Â
To secure, to the extent possible, multiple community benefits such
as groundwater replenishment, open space protection and increased
recreational opportunity through integrated land use-stormwater management
planning.
In accordance with Articles 4 and 20 of the Village Law of the
State of New York, the Village of Malverne has the authority to enact
local laws for the purpose of promoting the health, safety or general
welfare of the Village. The Village may include in any such local
law provisions for the appointment of any municipal officer or employees
to effectuate and administer such local law.
A.Â
Use of words. Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "lot" includes the words "parcel" and "plot"; and the word
"building" includes the word "structure."
B.Â
ADDITION
ADJOINING PROPERTY
BASE FLOOD
BEST MANAGEMENT PRACTICES (BMP)
BEST MANAGEMENT PRACTICES MANUALS
DETENTION
DEVELOPMENT
EROSION
EXFILTRATION
EXISTING GRADE
FILL
FINAL GRADE
FIRST FLUSH
FOREBAY
GRADING
IMPERVIOUS AREA
INFILTRATION
INFILTRATION BASIN
LAND-DISTURBING ACTIVITY
MS4
MUNICIPAL PERMIT
NPDES
OUTFALL
PEAK FLOW
PEAK FLOW ATTENUATION
PERSON
RETENTION
RIP-RAP
SOIL STABILIZATION
SPDES
START OF CONSTRUCTION
STORMWATER APPURTENANCES
STORMWATER CONVEYANCE SYSTEM
STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL PLAN
STREAM CORRIDOR
STRIPPING
SWALE
TEMPORARY STREAM CROSSING
WATERCOURSE
Definitions. Unless specifically defined below, words or phrases
shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter the most effective application. The
word "shall" connotes mandatory and not discretionary; the word "may"
is permissive.
Any work on an existing structure that changes the external
dimensions of such structure.
Any property facing a work site across any right-of-way,
street or highway shall be deemed "adjoining property," as well as
any property contiguous on any side.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
Procedures and methods pertaining to construction activities
which are intended to minimize water pollution, retain valuable topsoil
and prevent erosion and sedimentation, and include, but are not limited
to, those practices contained in the Nassau County Best Management
Practices Manual Series.
The most recent editions of a series of manuals published
by the County of Nassau and the State of New York, consisting of various
volumes on best management practices for certain described activities,
and specifically, the publications titled "Nassau County Best Management
Practices Manual for Erosion and Sediment Control, "New York Guidelines
for Urban Erosion and Sediment Control" and "Stormwater Management
Design Manual."
A practice to store stormwater runoff by collection as a
temporary pool of water and providing for its gradual (attenuated)
release over 24 hours or more; a practice which is used to control
peak discharge rates, and which provides gravity settling of pollutants.
To make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site,
clearing of vegetation, grading, earth moving, providing utilities
and other services such as parking facilities, stormwater management
and erosion control systems, altering landforms, or construction of
a structure on the land.
The removal of soil particles by the action of water, wind,
ice or other meteorological or geological agents.
The downward movement of runoff through the bottom of an
infiltration system into the soil.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the site development
plan.
The delivery of a disproportionately large load of pollutants
during the early part of storms due to rapid runoff of accumulated
pollutants. The first flush is defined as the runoff generated from
the first half-inch of runoff or runoff resulting from a one-year,
twenty-four-hour storm, whichever is greater, from land which has
been made more impervious from pre-development conditions through
land grading, a change in vegetative cover, or construction/development
activities.
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
Excavation or fill or any combination thereof, and shall
include the conditions resulting from any excavation or fill.
Impermeable surfaces, such as, but not limited to, pavement,
walks, patios, terraces, decks, rooftops, tennis courts and swimming
pools, which prevent the percolation of water into the soil.
A practice designed to promote the recharge of groundwater
by containment and concentration of stormwater into porous soils.
An impoundment made by excavation or embankment construction
to contain and exfiltrate runoff into the soil.
Any change to land which may result in soil erosion from
water or wind and the movement of soil into water or onto lands, alteration
of a drainage system, or increased runoff of waters, including, but
not limited to, clearing, grading, excavating, transporting and filling
of land.
Municipal separate storm sewer system.
Any permits or licenses issued by the Village of Malverne,
including, but not limited to, building, grading, demolition, clearing,
topsoil removal, excavation and tree removal permits, and subdivision,
special use permit and site plan approvals.
National Pollutant Discharge Elimination System.
The terminus of a storm drain where the contents are released.
The maximum rate of flow of water at a given point and time
resulting from a storm event.
The reduction of the peak discharge of storm runoff by storage
and gradual release of that storage.
Any corporation, partnership, association, trust, estate,
or any other entity, including state and local governments and agencies,
authorities, or other political subdivisions thereof, and one or more
individuals.
A practice designed to store stormwater runoff by collection
as a permanent pool or tank of water without release except by means
of evaporation, infiltration, or attenuated release when runoff volume
exceeds the permanent storage capacity of the permanent pool or tank.
A combination of large stone, cobbles and boulders used to
line channels, stabilize stream banks and reduce runoff velocities.
Measures which protect soil from the erosive forces of raindrop
impact and flowing water and include, but are not limited to, vegetative
establishment, mulching, and the early application of gravel base
on areas to be paved.
State Pollutant Discharge Elimination System.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of utilities, streets and walkways; excavation for basements,
footings, piers, or foundations; erection of temporary forms; and
the installation of temporary or accessory buildings such as construction
sheds or trailers and garages.
Structures such as dry wells, catch basins, piping, storm
drains and detention/retention basins designed to control and manage
the flow of stormwater.
Collection or arrangement of varieties of stormwater appurtenances
to control and manage the flow of stormwater.
Plans prepared by a professionally qualified person or persons
with expertise in stormwater management and erosion and sediment control,
such as a New York State licensed engineer or licensed landscape architect
or a certified professional in erosion and sediment control (CPESC).
These plans shall indicate the specific measures and sequencing to
be used in controlling erosion and sediment on a development site
during and after construction, showing the proposed use of the site
and showing the methods, techniques and improvements that will be
employed to control erosion and sedimentation, which shall employ
best management practices. The plan shall contain all surface water
calculations, unless set forth in an accompanying document.
The landscape features on both sides of a stream, including
soils, slope and vegetation, whose alteration can directly impact
the stream's physical characteristics and biological properties.
Any activity that removes the vegetative surface cover, including
tree removal, clearing, and storage or removal of topsoil.
A natural depression or a wide, shallow ditch used to temporarily
route or filter runoff.
A temporary structural span installed across a flowing watercourse
for use by construction traffic. Structures may include bridges or
pipes.
Any natural or artificial, intermittent, seasonal or permanent
and public or private water body or watercourse. A water body is intermittently,
seasonally or permanently inundated with water and contains a discernible
shoreline and includes ponds and lakes. A watercourse includes rivulets,
brooks, creeks, streams, rivers and other waterways flowing in a definite
channel with bed and banks and usually in a particular direction.
For the purposes of this chapter, a stormwater management and
erosion and sediment control permit shall not be required for the
following activities:
A.Â
Lawn maintenance and landscaping of existing cultivated areas, including
gardens.
B.Â
Alteration to the interior of a building and alteration to the exterior
of a building, provided that such exterior alteration does not increase
land coverage by the building, pavement, walks, patio, tennis court,
swimming pool, etc., and the alteration does not involve the demolition
of a part or all of the exterior of an existing building.
C.Â
Construction of an addition to an existing structure or any land-disturbing
activity that involves less than 500 square feet. However, any land-disturbing
activity of any area shall follow the applicable soil erosion BMP
provided by the Village.
D.Â
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources, as determined by the Village
Building Inspector.
E.Â
Activities of the Village in regard to the permitting provisions.
Upon written request from the applicant, the Village Building
Inspector may grant a waiver, in writing, from any requirement of
this chapter, specifically identifying the reasons therefor, using
the following criteria:
A.Â
Special circumstances applicable to the subject property, its intended
use, or the scope of the project.
No person shall commence or carry out any development or land-disturbing
activity in the Village of Malverne that involves more than 500 square
feet without first obtaining the proper stormwater management and
erosion and sediment control permit from the Village Building Inspector,
and all other necessary local, state and federal permits, and thereafter
complying with the requirements of this chapter.
The following shall apply to applications for permits for land-disturbing
activities involving greater than 500 square feet and up to and including
15,000 square feet:
A.Â
It is the responsibility of an applicant to include sufficient information
in the stormwater management and erosion control and sediment plan
for the Village to evaluate the environmental characteristics of the
affected areas, the potential and predicted impacts of the proposed
activity on community waters and the effectiveness and acceptability
of those measures proposed by the applicant for reducing or mitigating
adverse impacts.
B.Â
An application for a stormwater management and erosion and sediment
control permit shall be made on forms provided by the Village, and
shall include the name(s) and address(es) of the owner, contract vendee,
or developer of the site, and of any consulting firm retained by the
applicant, together with the name and telephone number of the applicant's
principal contact at such firm. Each application shall include a certification
that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the plans approved and
the permit issued. The permit will be valid for the same period as
the associated building or other municipal permit. Where a building
or other municipal permit is not issued, the stormwater management
and erosion and sediment control permit shall expire within 180 days
unless renewed by the Village Building Inspector.
C.Â
Required information.
(1)Â
Each application shall be accompanied by the following, unless specifically
waived by the Village Building Inspector based on the scope of the
project:
(a)Â
A vicinity map.
(b)Â
A stormwater management and erosion and sediment control plan
for the site showing drainage patterns, on-site stormwater appurtenances,
wetlands, one-hundred-year floodplains, and proposed use of the site,
including areas of excavation, grading and filling.
(c)Â
Stormwater management improvements, including calculations,
designs and special measures regarding safety and maintenance operations.
(d)Â
Stormwater conveyance system, including plans, designs and materials
to be used for improvements and erosion control in channel sections
of stormwater conveyance systems and erosion control measures at culvert
inlets and outfalls.
(2)Â
The above plans shall comply with the guidelines and specifications
of the most recent editions of "Reducing the Impacts of Stormwater
Runoff from New Development" (NYSDEC), "Stormwater Management Design
Manual" (NYSDEC), Nassau County "Best Management Practices Manual
for Erosion and Sediment Control," and New York "Guidelines for Urban
Erosion and Sediment Control" and include:
The following shall apply to applications for permits for land-disturbing
activities involving greater than 15,000 square feet:
A.Â
It is the responsibility of an applicant to include sufficient information
in the stormwater management and erosion and sediment control plan
for the Village to evaluate the environmental characteristics of the
affected areas, the potential and predicted impacts of the proposed
activity on community waters, and the effectiveness and acceptability
of those measures proposed by the applicant for reducing or mitigating
adverse impacts.
B.Â
An application for a stormwater management and erosion and sediment
control permit shall be made on forms provided by the Village, and
shall include the name(s) and address(es) of the owner, contract vendee,
or developer of the site, and of any consulting firm retained by the
applicant, together with the name and telephone number of the applicant's
principal contact at such firm. Each application shall include a certification
that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the plans approved upon
issuance of the permit. The permit will be valid for the same period
as the associated building or other municipal permit, or as may be
specified by the Village Building Inspector.
C.Â
Required information.
(1)Â
Each application shall be accompanied by the following, unless specifically
waived by the Village Building Inspector based on the scope of the
project:
(a)Â
A vicinity map in sufficient detail to easily locate the site
for which the permit is sought, including the boundary lines and approximate
acreage for the site, the existing zoning, the date of the plan (to
include the date of any revisions), North point, scale and legend.
(b)Â
A stormwater management and erosion and sediment control plan
for the site, including:
[1]Â
Existing topography of the site and adjacent land clearly portraying
the drainage patterns of the area, including ditches, culverts, permanent
or intermittent streams, wetlands or other water bodies, existing
roads and sizes of existing culverts.
[2]Â
The location of existing buildings, structures, utilities, water
bodies, floodplains, drainage facilities, vegetative cover, the size
and species of trees with a trunk diameter of four inches or more
at a point 4Â 1/2 feet above ground level, paved areas, watershed
divides, and other significant natural or man-made features on the
site, and adjacent land within approximately 50 feet of the boundary.
[3]Â
An analysis of site limitations and development constraints
by including such factors as slope, soil type and erodibility, depth
to bedrock, depth to seasonal high water, soil percolation, etc.,
to facilitate evaluation of site suitability for proposed stormwater
and erosion facilities in relation to the overall development proposal.
[4]Â
Wetlands boundaries and designated one-hundred-year floodplain
boundaries, including one-hundred-year flood elevations and floodways
where applicable. Such elevations should be based on the National
Geodetic Vertical Datum of 1929. The plan shall also indicate the
size of culverts downstream of the project, and existing easements
for storm drains, sewers and other utilities.
[5]Â
Proposed use of the site, including both present and proposed
development; areas of excavation, grading and filling; proposed contours,
finished grades and street profiles; provisions for stormwater management,
including control of accelerated runoff, with a drainage area map
and computations; kinds and locations of utilities; and areas and
square feet proposed to be paved, covered, sodded or seeded, vegetatively
stabilized, or left undisturbed.
(c)Â
Comparison of pre-development with post-development runoff,
including:
[1]Â
Description of the methodology used to compare and evaluate
pre- with post-development runoff conditions in terms of volumes,
peak rates of runoff, routing and hydrographs.
[2]Â
Calculation of peak discharge rates and total runoff volumes
from the project area for existing site conditions and post-development
conditions. The relevant variables used in this determination, such
as the curve number and time of concentration, should be included.
Downstream analysis, including peak discharge rates, total runoff
volumes and evaluation of impacts to receiving water and/or wetlands,
should be evaluated. Storage volume and surface area requirements
should be calculated. Discharge provisions for the proposed control
measures, including peak discharge rates, outlet design, discharge
capacity for each stage, outlet channel design and a description of
the point of discharge, should be provided.
[a]Â
For sites of two acres or more, stormwater management
practices shall be adequate to provide for storm intensities of 100,
50, 25, 10 and two years.
[b]Â
For sites of less than two acres, stormwater management
practices shall be adequate to provide for storm intensities of 25,
10, five and two years.
[3]Â
Description of the methodology used to compare and evaluate
pre- with post-development pollutant loading. Contaminants to be compared
include, when applicable, total suspended solids, total phosphorus,
total nitrogen and biological oxygen demand. Pollutant loading coefficients
may be used. Water quality treatment improvements should be designed
to meet the above specified stormwater management practice(s). Compare
pollutant loading between "before" and "after" conditions, with computations.
[4]Â
Calculation of the necessary storage volumes and the proposed
stormwater management measure(s) described in detail, providing sufficient
detail of the water quality control measures to ensure that the relevant
design criteria will be met. Such detail may include surface area
dimensions, depths, inlet designs, planting specifications for use
of aquatic vegetation, percent solids removal expected, discharge
rates and outlet design.
[5]Â
Assumptions used in making the calculations.
[6]Â
Assumptions and coefficient values used in the hydrologic calculations
for making the above comparisons. Evaluate the post-development effect
of stormwater runoff on identified floodplains or designated flood
hazard areas in the community.
(d)Â
Stormwater management improvement plan, including:
[1]Â
Narrative of all proposed stormwater management improvements.
A soil profile to at least five feet below the stormwater management
improvements should be provided.
[2]Â
Designs of proposed stormwater management improvements for peak
flow attenuation and water quality management and an indication of
which improvements will be used to attenuate peak flows, which will
be used to enhance stormwater runoff quality and which improvements
will serve a dual role; identification of the materials to be used
in constructing these improvements.
[3]Â
Calculations for sizing stormwater improvements should be provided.
[4]Â
Designs and calculations for siting and sizing such specialized
measures and devices as filter strips, water quality inlets (oil/grit
separator), forebays, etc., which will be used to remove sediment,
oil-based products and other contaminants found in urban runoff.
[5]Â
Evaluation of the amount of treatment or level of pollutant
reduction that can be expected from the proposed stormwater management
improvement(s). Contaminants to be considered in this evaluation,
when determined appropriate by the Village Building Inspector, include
total suspended solids (TSS), total phosphorus (P), total nitrogen
(N), biological oxygen demand (BOD) and thermal pollution. Evaluation
of the effectiveness of stormwater management practices can be based
on reports on the effectiveness of comparable stormwater improvements
on similar sites.
[6]Â
Information on the design provisions that address safety considerations
(e.g., gentle slopes and benches in ponds or stream banks) and accommodate
maintenance needs (including access to conduct maintenance operations).
(e)Â
Stormwater conveyance system plan, including:
[1]Â
A narrative of the stormwater conveyance (drainage) system indicating
which segments of the drainage system are open channels and which
segments are piped (culverts) and which provide a rationale and justification
for installing piped segments.
[2]Â
Plan view and cross-sectional designs of stormwater conveyance
systems with hydrologic calculations for siting and sizing the stormwater
conveyance system. The plan shall also identify materials to be used.
[3]Â
Plans and designs identifying materials to be used for preventing
erosion in channel sections of stormwater conveyance systems and erosion
control measures at culvert inlets and outfalls.
(2)Â
The above plans shall comply with the guidelines and specifications
of the most recent editions of "Reducing the Impacts of Stormwater
Runoff from New Development" (NYSDEC), "Stormwater Management Design
Manual" (NYSDEC), Nassau County "Best Management Practices Manual
for Erosion and Sediment Control," and New York "Guidelines for Urban
Erosion and Sediment Control" and include:
(a)Â
Temporary erosion and sediment control measures to be used during
land clearing, land grading and the construction phases, including:
[1]Â
Temporary structural and vegetative measures to be used to control
erosion and sedimentation.
[2]Â
Plans showing the location of temporary vegetative and structural
erosion and sediment control measures.
[3]Â
Dimensional details of proposed erosion and sediment control
measures, identifying materials to be used in developing these measures
with calculations used in siting and sizing sediment basins.
[4]Â
Temporary erosion and sediment control measures to be converted
to permanent stormwater management measures.
[5]Â
An implementation schedule for the staging of temporary erosion
and sediment control measures.
[6]Â
Maintenance schedule for soil erosion and sediment control measures.
(b)Â
Permanent erosion and sediment control improvements, including:
[1]Â
Permanent structural and vegetative practices to be used to
provide long-term control of erosion and sedimentation when construction
activities are completed and the project site is restored.
[2]Â
A plan showing the location of permanent erosion control improvements,
including both structural and vegetative.
[3]Â
An implementation schedule for restoring the project site with
permanent erosion and sediment control improvements.
(c)Â
An implementation schedule and maintenance, including:
[1]Â
An implementation schedule for staging of all stormwater management
improvements, coordinating the staging of erosion and sediment control
facilities and construction activities.
[2]Â
A description of the arrangements, including deed restrictions,
if applicable, that will be made for ensuring long-term maintenance
of stormwater management and erosion control improvements with contingency
plans identifying responsible parties for performing maintenance and
the frequency of maintenance.
A.Â
The Village Building Inspector or his/her designee shall review the
plan for compliance with the requirements of this chapter. The applicant
shall, within 30 days of notification, correct any portion of the
plan that does not comply. The Village Building Inspector or his/her
designees may conduct random inspections to ensure effective control
of erosion and sedimentation during all phases of construction.
B.Â
All stormwater management and erosion and sediment control permits
will require adequate provision for inspection of the property. The
applicant shall arrange with the Village Building Inspector or his/her
designee for scheduling the following inspections:
(1)Â
An initial inspection prior to plan approval.
(2)Â
An erosion control inspection to ensure that erosion control practices
are in accord with the approved plan.
(3)Â
An inspection prior to backfilling any underground drainage or stormwater
conveyance structures.
(4)Â
A final inspection when all work, including construction of stormwater
management facilities and permanent soil stabilization, has been completed.
C.Â
The Village Building Inspector and/or his/her designee may also randomly
conduct field inspections to ensure effective control of erosion and
sedimentation during all phases of construction.
D.Â
The applicant shall promptly correct any deficiencies identified as a result of those inspections and be subject to the provisions of § 507-12, Enforcement; penalties for offenses, of this chapter.
E.Â
No building permit may be issued until a stormwater management and
erosion and sediment control permit has been issued for those activities
controlled under this chapter.
F.Â
Activities that involve the disturbance of an area of one acre or
more shall comply with any New York State Department of Environmental
Conservation (DEC) requirements.
A.Â
In order to ensure full and faithful completion of all construction
activities related to compliance with all conditions of the approved
stormwater management and erosion and sediment control plan, a cash
deposit shall be required from the applicant prior to issuance of
a permit. Said cash deposit shall be sufficient to cover the full
cost, as estimated by the Village Building Inspector, of construction
of all improvements specified in the stormwater management and erosion
and sediment control plan and the permit. Such deposits shall be promptly
refunded upon the completion of the project and the final inspection
and approval by the Village Building Inspector or his/her designee.
B.Â
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by a developer/owner or responsible legal entity, the Village may require a maintenance bond or other surety prior to the issuance of a permit. Such maintenance bond or other surety, as approved by the Village Attorney, shall be sufficient to cover the costs, as estimated by the Village Building Inspector, of proper maintenance of the facilities for five years after completion of a final inspection in accordance with § 507-10, Plan review, approval and inspections, of this chapter. Subsequent to five years, the developer/owner or responsible legal entity shall file an affidavit with the Village Building Inspector attesting to maintenance in perpetuity.
It shall be the duty of the Village Building Inspector or his/her
designee to enforce the provisions of this chapter in accordance with
the following:
A.Â
Issuance of a notice of violation and order to correct within a specified
time. When the Village Building Inspector or his/her designee determines
that development activity is not being carried out in accordance with
the requirements of this chapter, he/she shall issue a written notice
of violation and order to correct to the owner or agent of the property.
The notice of violation and order to correct shall contain:
(1)Â
The name and address of the owner or applicant.
(2)Â
The street address or a description of the building, structure, or
land upon which the violation is occurring.
(3)Â
A statement specifying the nature of the violation.
(4)Â
A description of the corrective actions necessary to bring the development
activity into compliance with this chapter and the permit, and a time
schedule necessary for completion of such corrective action.
B.Â
In the event that correction is not completed within the time specified
by the notice of violation and order to correct, a court appearance
ticket shall be issued specifying the nature of the violation, corrective
action necessary and a time schedule for completion.
C.Â
Any notice of violation, order to correct and court appearance ticket
shall be served upon the person(s) to whom it is directed either personally
or by mailing a copy of the notice of violation by certified mail,
return receipt requested, to such person at his or her last known
address.
D.Â
In an emergency situation, as determined by the Village Building Inspector, the Village may enter the premises and make necessary corrections utilizing a portion or all of the cash deposit required in § 507-11, Cash deposit or surety, of this chapter. The Village has the authority to assess the costs of the emergency correction in the same manner as real estate taxes.
E.Â
Civil and criminal penalties. 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 punished by a fine of not
less than $100 nor more than $250. Such person shall be guilty of
a separate offense for each day during which the violation occurs
or continues.
A.Â
All applications for a stormwater management and erosion and sediment
control permit shall be accompanied by a fee, payable to the Village
of Malverne, as established by resolution of the Village Board and
identified in the Annual Village Fees and Charges Schedule.
B.Â
Where deemed appropriate, the Planning Board may require establishment
of an escrow account from which withdrawals shall be made to reimburse
the Village for the costs of retaining qualified professionals to
review plans and conduct inspections to ensure compliance with the
requirements of the approved stormwater management and erosion and
sediment control permit. The applicant shall be provided with copies
of invoices for such professional inspections when they are available.
After all pertinent charges have been paid, the Village shall refund
to the applicant all remaining fund balances.
This chapter shall take effect September 1, 2004.