[HISTORY: Adopted by the Town Board of the Town of Lowville 9-16-1993 by L.L. No. 3-1993 (Ch. 186 of the 1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 118.
Flood damage prevention — See Ch. 124.
Freshwater wetlands — See Ch. 130.
Subdivision of land — See Ch. 240.
Zoning — See Ch. 250.
This chapter shall be known as the "Stormwater Management and Erosion Control Local Law."
The Town of Lowville finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety and welfare of the community. Specifically:
A. 
Stormwater runoff can carry pollutants into receiving water bodies, degrading water quality.
B. 
The increase in nutrients in stormwater runoff such as phosphorus and nitrogen accelerates eutrophication of receiving waters.
C. 
Improper design and construction of drainage facilities can increase the velocity of runoff thereby increasing streambank erosion and sedimentation.
D. 
Construction requiring land clearing and the alteration of natural topography tends to increase erosion.
E. 
Siltation of water bodies resulting from increased erosion decreases their capacity to hold and transport water, interferes with navigation and harms flora and fauna.
F. 
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.
G. 
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.
H. 
Substantial economic losses can result from these adverse impacts on community waters.
I. 
Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices.
In order to protect, maintain and enhance both the immediate and the long-term health, safety and general welfare of the citizens of the Town of Lowville, this chapter has the following objectives:
A. 
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. 
Prevent decreases in groundwater recharge and stream base flow so as to maintain aquatic life, assimilative capacity and potential water supplies.
C. 
Maintain the integrity of stream geometry so as to sustain the hydrologic functions of streams.
D. 
Control erosion and sedimentation so as to prevent its deposition in streams and other receiving water bodies.
E. 
Facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological functions of streams.
F. 
To the extent practical, secure multiple community benefits such as groundwater replenishment, open space protection and increased recreational opportunity through integrated land use — stormwater management planning.
In accordance with Article 9 of the Town Law of the State of New York, the Town of Lowville has the authority to enact local laws for the purpose of promoting the health, safety or general welfare of the Town, including the protection of the property of its inhabitants. By the same authority, the Town of Lowville may include in any such local laws provision for the appointment of any municipal officer or employees to effectuate and administer such local law.
Upon approval of this chapter by the Town of Lowville, all site preparation and construction activities requiring approval under this chapter shall be in conformance with the provisions set forth herein.
A. 
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 its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
DRY WELL
Similar to an infiltration trench but smaller with inflow from pipe; commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftop runoff.
EROSION
The removal of soil particles by the action of water, wind, ice or other geological agents.
EXFILTRATION
The downward movement of runoff through the bottom of an infiltration system into the soil layer.
EXTENDED DETENTION
A practice designed to store stormwater runoff by collection as a temporary pool of water and provide 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.
FIRST FLUSH
The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The "first flush" in these guidelines is defined as the runoff generated from a one-year, twenty-four-hour storm event from land which has been made more impervious from predevelopment conditions through land grading and construction/development activities.
FLOODPLAIN
For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.
FOREBAY
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.
IMPERVIOUS AREA
Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
INFILTRATION
A practice designed to promote the recharge of groundwater by containment and concentration of stormwater in porous soils.
INFILTRATION BASIN
An impoundment made by excavation or embankment construction to contain and exfiltrate runoff into the soil layer.
OUTFALL
The terminus of a storm drain where the contents are released.
PEAK FLOW
The maximum rate of flow of water at a given point and time resulting from a storm event.
PEAK FLOW ATTENUATION
The reduction of the peak discharge of storm runoff by storage and gradual release of that storage.
RETENTION
A practice designed to store stormwater runoff by collection as a permanent pool 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.
RIPRAP
A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks and reduce runoff velocities.
RISER
A vertical pipe that is used to control the discharge rate from a pond for a specified design storm.
SWALE
A natural depression or wide shallow ditch used to temporarily route or filter runoff.
TOWN
The Town of Lowville, Lewis County, New York.
A. 
Stormwater management and erosion control plans should be prepared and reviewed for all land development projects and construction activities when it is determined that stormwater runoff and/or erosion will have a significant effect on the environment.
B. 
It has been established that land cleaning, land grading or earthmoving activities can have a significant effect on the environment, therefore, no person, corporation, organization or public agency may, on or after the effective date of the chapter:
(1) 
Initiate any land clearing, land grading or earthmoving activities without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town of Lowville; or
(2) 
Alter any drainage system without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town of Lowville.
C. 
Exemptions. The following activities are exempt from the stormwater management and erosion control plan requirements:
(1) 
Agricultural activities, including household gardening.
(2) 
Development of less than five single-family or duplex residential dwelling units and their accessory structures such as garages and storage shed in an existing subdivision.
(3) 
Development of one single-family or duplex residential structure not in an existing subdivision.
(4) 
Industrial and/or commercial development projects which result in an impervious surface less than 10,000 square feet.
(5) 
Any maintenance, alteration, use or improvement to an existing structure which will not change the quality, rate, volume or location of surface water discharge or contribute to erosion and sedimentation.
A. 
It is the responsibility of an applicant to include sufficient information in the stormwater management and erosion control plan for the Town 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. 
The stormwater management and erosion control plan shall contain the name, address and telephone number of the owner and developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as major water bodies, adjoining roads, railroads, subdivisions or towns shall be clearly identified on a map.
C. 
The structure and content of the stormwater management and erosion control plan should be as follows:
(1) 
Background information.
(a) 
Project description.
[1] 
Describe what is being proposed (i.e., residential lot subdivisions, planned unit development, commercial/retail development or industrial development).
[2] 
Describe project size (i.e., number of acres, number of dwelling units, other buildings and density).
[3] 
Describe other improvements which will be made on project site, including streets and roads, utilities (water, sewer, etc.), and give particular attention to acreage of land that will become paved and covered with buildings. Lawn acreage also should be specified.
[4] 
Provide a location map. Include watershed in the community that may be impacted by project. Also, show highways, roads and proximity of project to nearest city, village or hamlet, and to the nearest water body and other prominent features.
[5] 
Provide a base map containing boundary lines of the project site, subcatchments and contributory watersheds at a scale agreed upon by the municipality and developer.
[6] 
Provide an analysis of site limitations and development constraints by including such factors as slope, soil erodibility, depth to bedrock, depth to seasonal high water, soil percolation, etc., to facilitate evaluation of site suitability for proposed stormwater and erosion control facilities in relation to the overall development proposal.
[7] 
Provide a statement describing how this project will meet stormwater management objectives established by the municipality.
[8] 
Provide a general description of the approaches which will be taken to control erosion and sedimentation and stormwater runoff.
[9] 
Provide a statement indicating when project is to begin and the expected date of completion.
[10] 
Provide a map and description of all critical environmental areas, conservation areas, wildlife habitats, easements, etc., to be protected. (These areas should be marked in the field.)
[11] 
Provide an analysis of potential impacts from the proposed development to natural resource features on site and off site such as streams, lakes, wetlands, water supplies, coastal estuaries, etc. A determination as to whether the proposed development will affect any designated primary or principal aquifer should also be included.
(b) 
Existing (predevelopment) conditions.
[1] 
Provide map showing topography (contours) under existing conditions. On this same map, show drainage patterns, including ditches, culverts, permanent streams, intermittent/ephemeral streams or drainages, wetlands or other water bodies and existing roads. Indicate sizes of existing culverts. Delineate watershed and sub-watershed boundaries on the map.
[2] 
Provide a map showing existing land use, open space, public facilities, utility lines, water supply wells on site and predominant vegetation cover types (forested, brushland, grassland, cropland, pasture, etc.).
[3] 
Obtain soils survey information and, by subcatchment, provide tabular information detailing the area in acres that are in each of the Soil Conservation Service (SCS) Hydrologic Soil Groups A, B, C or D in Table 10 in Chapter III.[1] Soils information should be obtained by conducting a site-specific soil survey.
[1]
Editor's Note: See Chapter III of the New York State Department of Environmental Conservation, Reducing the Impacts of Stormwater Runoff from New Development.
[4] 
Where applicable, provide a map showing designated one-hundred-year floodplain boundaries in affected drainage basins in the community including any available one-hundred-year flood elevations and floodways. Show culverts downstream of project and culvert size. Show existing easements for storm drains, sewers and other utilities. Show the extent of the drainage area served by a man-made stormwater drainage network if that network system is collecting runoff from outside of the natural drainage basin and is discharging into the basin of concern.
[5] 
Provide hydrologic data describing rainfall characteristics. This should include:
[a] 
Precipitation data for several return periods (i.e., the one-year, two-year, ten-year and one-hundred-year storms for a twenty-four-hour duration).
[b] 
Provide stream channel survey data by subcatchment showing channel conditions including roughness and vegetation.
(c) 
Proposed future (development) conditions.
[1] 
Provide a map showing, by subcatchment, the completed project, including lot layout, approximate location of buildings, streets and other paved surfaces, final contours, utility lines, water supply wells, individual sewage disposal systems and location and types of easements.
[2] 
Provide tabular information, by subcatchment, showing the acres of impervious area created in the proposed development as well as the extent of lawn and areas where the land has been made more impervious than predevelopment conditions.
[3] 
By subcatchment, show on a map changes to land surface, including areas of cuts and fills, changes in vegetative cover types and final contours. Indicate by subcatchment, land clearing and earthmoving start-up and completion dates.
[4] 
Indicate construction schedule, including estimated completion date(s) and proposed winter shutdowns.
(2) 
Comparison of predevelopment with post-development runoff.
(a) 
Methodologies.
[1] 
Describe or identify the methodology used to compare and evaluate pre- with post-development runoff conditions in terms of volumes, peak rates of runoff, routing and hydrographs.
[a] 
Peak discharge rates and total runoff volumes from the project area for existing site conditions and post-development conditions for the two-year and ten-year, twenty-four-hour storm events should be calculated. The relevant variables used in this determination, such as curve number and time of concentration, should be included.
[b] 
Downstream analysis of the one-hundred-year, twenty-four-hour event, including peak discharge rates, total runoff volumes and evaluation of impacts to receiving waters and/or wetlands, should be evaluated.
[c] 
Storage volume and surface area requirements necessary to provide flood control for runoff generated during two-year, ten-year and one-hundred-year, twenty-four-hour storm events should be calculated.
[d] 
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.
[e] 
Sufficient detail should be provided to show that the stormwater facility(ies) is/are capable of withstanding the discharge from the one-hundred-year storm event.
[2] 
Describe or identify the methodology used to compare and evaluate pre- with post-development pollutant loading. Contaminants to be compared include total suspended solids, total phosphorus, total nitrogen and biological oxygen demand. Pollutant loading coefficients may be used.
[a] 
Water quality treatment facilities should be designed for the one-year, twenty-four-hour storm event.
[b] 
The necessary storage volumes should be calculated and the proposed stormwater measure(s) should be described in detail. The plans should provide sufficient detail of the water quality control measures to ensure that the relevant design criteria will be met.
[c] 
Specific information may include surface area dimensions, depths, inlet designs, planting specifications for use of aquatic vegetation, percent solids removal expected, discharge rates and outlet design.
(b) 
Calculations.
[1] 
State any assumptions used in making the calculations.
[2] 
Provide assumptions and coefficient values used in the hydrologic calculations for making above comparisons. Evaluate the post-development effect of stormwater runoff on identified floodplains or designated flood hazard areas in the community.
[3] 
Compare pollutant loading between before and after conditions. Provide computations.
(3) 
Stormwater management.
(a) 
Stormwater management facilities.
[1] 
Describe in a narrative and show on a map, by subcatchment, proposed stormwater management facilities. A soil profile to at least one foot below the stormwater management facility should be provided.
[2] 
Provide designs of proposed structural stormwater management facilities. Pursuant to the provisions in Chapter V[2] for peak flow attenuation and water quality management, indicate which facilities will be used to attenuate peak flows, which will be used to enhance stormwater runoff quality and which facilities will serve a dual role. Identify the materials to be used in constructing these facilities.
[2]
Editor's Note: See Chapter V of the New York State Department of Environmental Conservation, Reducing the Impacts of Stormwater Runoff from New Development.
[3] 
Calculations for sizing stormwater facilities should be provided.
[4] 
Provide 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] 
Provide an evaluation of the amount of treatment or level of pollutant reduction that can be expected from the proposed stormwater management facility(ies). Contaminants to be considered in this evaluation 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 facilities on similar sites.
[6] 
Provide information on the design provisions that address safety considerations (e.g., gentle slopes and benches in ponds) and accommodate maintenance needs (including access to conduct maintenance operations).
(b) 
Stormwater conveyance system.
[1] 
Describe in a narrative and map, by subcatchment, the stormwater conveyance (drainage) system. Indicate which segments of the drainage system are open channels and which segments are piped (culverts). Provide rationale and justification for installing piped segments.
[2] 
Provide plan view and cross-sectional designs of stormwater conveyance systems. Hydrologic calculations for siting and sizing the stormwater conveyance system should be provided. Identify materials to be used.
[3] 
Provide plans and designs and identify materials to be used for preventing erosion in channel sections of stormwater conveyance systems. Show how erosion at culvert inlets and outfalls will be prevented.
(c) 
Recreational and/or landscape features.
[1] 
Describe and illustrate any recreational or landscape features which are to be factored into the stormwater management system to enhance the aesthetics of the facility(ies) and provide multiple use options.
[2] 
On the map prepared under § 198-8C(1)(c)[1], show the location of recreational facilities.
[3] 
Provide landscaping sketches and designs for the stormwater management facilities.
(4) 
Erosion and sediment control.
(a) 
Temporary erosion and sediment control facilities (to be used during land clearing, land grading and the construction phases).
[1] 
Describe temporary structural facilities and vegetative measures which will be used to control erosion and sedimentation.
[2] 
Provide a map showing, by subcatchment, the location of temporary vegetative and structural erosion and sediment control facilities.
[3] 
Provide dimensional details of proposed erosion and sediment control facilities and identify the materials that will be used in developing these facilities. Calculations used in siting and sizing sediment basins should be provided.
[4] 
Identify temporary erosion and sediment control facilities which will be converted to permanent stormwater management facilities.
[5] 
Provide an implementation schedule for the staging of temporary erosion and sediment control facilities.
[6] 
Provide a maintenance schedule for soil erosion and sediment control facilities.
(b) 
Permanent erosion and sediment control facilities.
[1] 
Describe permanent structural and vegetative practices which will be used to provide long-term control of erosion and sedimentation when construction activities are completed and the project site is restored.
[2] 
Provide a map showing, by catchment, the location of permanent erosion control facilities, including both structural and vegetative.
[3] 
By subcatchment, provide an implementation schedule for restoring the project site with permanent erosion and sediment control facilities.
(5) 
Implementation schedule and maintenance.
(a) 
Provide an implementation schedule for staging of all stormwater management facilities. Describe how this schedule will be coordinated with the staging of erosion and sediment control facilities and construction activities.
(b) 
Provide a description of the arrangements which will be made for ensuring long-term maintenance of stormwater management and erosion control facilities. Backup contingency plans should be provided and described. Those responsible for performing maintenance should be identified.
A. 
The stormwater management and erosion control plan shall be reviewed in a three-stage process:
(1) 
Presubmission phase, which provides an opportunity for the community to learn of the developer's intent and for the developer to learn of the community's requirements and standards for development.
(2) 
Preliminary site development plan phase, which includes the submission of an application for preliminary site development plan approved for a developer. The application shall be accompanied by information about the proposal as set forth in § 198-8 of this chapter. Because it is a preliminary action and not final, Planning Board action on the proposal shall be given as tentative approval, tentative approval with modification or disapproval.
(3) 
Final site development plan phase: If approval or approval with modification is tentatively given in the preliminary site development phase, the next step can be submission of a final application, including the necessary documentation for final approval. It is in this phase that any requested modifications shall be satisfied as part of final application submission.
B. 
The stormwater management and erosion control plan shall not be approved unless it is consistent with the purposes and objectives of this chapter in § 198-3 and the performance standards described in § 198-10, except where a variance has been granted pursuant to § 198-16, or where off-site management is approved pursuant to § 198-11.
C. 
Inspections. The applicant shall schedule the following inspections with the Town Code Enforcement Official:
[Amended 9-15-1994 by L.L. No. 2-1994]
(1) 
Initial inspection: prior to approval of the stormwater management and erosion control plan.
(2) 
Erosion control inspection: to ensure erosion control practices have been installed in accord with the plan.
(3) 
Bury inspection: prior to backfilling of any underground drainage or stormwater conveyance structures.
(4) 
Final inspection: when all work including construction of stormwater management facilities has been completed.
D. 
The Code Enforcement Official shall inspect the work and either approve it or notify the applicant, in writing, in what respects there has been a failure to comply with the requirements of the approved stormwater management and erosion control plan. Any portion of the work which does not comply shall be promptly corrected by the applicant or the applicant will be subject to the bonding provisions of § 198-13 and the penalty provisions of § 198-14. The Code Enforcement Official may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
[Amended 9-15-1994 by L.L. No. 2-1994]
Stormwater management and erosion control plans shall be prepared in accordance with the following performance standards which have been structured to achieve the purposes and objectives of this chapter as well as to ensure that the quality and quantity of runoff after development is not substantially altered from predevelopment conditions:
A. 
Erosion and sediment control standards.
(1) 
The following erosion and sediment control standards provide minimum criteria to ensure that properly designed erosion and sediment control practices are factored into site-specific development plans:
(a) 
Existing vegetation on a project site should be retained and protected as much as possible to minimize soil loss from the project site.
(b) 
Sediment control practices/measures, where necessary, should be designed to protect the natural character of water bodies on site as well as off site. The practices must be in place from the start of land disturbance activities to establishment of permanent stabilization.
[1] 
The off-site impacts of erosion and sedimentation from the development site should not be any greater during and following land disturbance activities than under predevelopment conditions.
[2] 
Water in stream reaches on site and downstream of construction areas should not have substantial visible contrast relative to color, taste, odor, turbidity and sediment deposition from the water in reaches upstream of the construction area.
[3] 
Sediment laden runoff should not be allowed to enter any water body in such quantity that would result in deposition on the bottom of the water body, degrade its natural biological functions or be deleterious to the classified usage of the water.
(c) 
Erosion and sediment control measures should be constructed prior to beginning any land disturbances. All runoff from disturbed areas should be directed to the sediment control devices. These devices should not be removed until the disturbed land areas are stabilized.
(d) 
Specific guidance.
[1] 
Exposure restrictions. No more than five acres of unprotected soil should be exposed at any one time. Previous earthwork should be stabilized.
[2] 
Grading. Perimeter grading should blend with adjoining properties.
[3] 
Vegetative protection. Where protection of trees and/or other vegetation is required, the location should be shown on the erosion control plan and the method of protecting vegetation during construction should be described.
[4] 
Drainage control.
[a] 
Surface runoff that is relatively clean and sediment free should be diverted or otherwise prevented from flowing through areas of construction activity on the project site. This will greatly reduce sediment loading in surface runoff.
[b] 
A fill associated with an approved temporary sediment control structure or permanent stormwater management structure should not be created which causes water to pond off site on adjacent property, without first having obtained ownership or permanent easement for such use from the owner of the off site or adjacent property.
[c] 
In general, natural drainage channels should not be altered. Pursuant to Article 15 of the Environmental Conservation Law, a protected stream and banks thereof should not be altered or relocated without the approval of the Department of Environmental Conservation.
[d] 
Runoff from any land disturbing activity should not be discharged or have the potential to be discharged off site or into storm drains or into watercourses unless such discharge is directed through a properly designed, installed and maintained structure, such as a sediment trap, to retain sediment on site. Accumulated sediment shall be removed when it takes up 60% of the storage capacity of the sediment retention structure.
[e] 
For finished grading, adequate gradients should be provided so as to prevent water from standing on the surface of lawns for more than 24 hours after the end of a rainfall, except in a swale flow area which may drain as long as 48 hours after the end of rainfall.
[f] 
Permanent swales or other points of concentrated water flow should be stabilized. Biotechnical approaches using certain types of grasses, such as reed canary grass, are preferable to using sod, gabions and riprap where water quality enhancement is a high priority and the swale design allows. However, sod, gabions or riprap may be used to stabilize swales where soils and gradient preclude the use of reed canary grass. Use of grasses may require an erosion control matting as provided for in the design specifications referenced in Chapter V, Section D.8, of the New York State Department of Environmental Conservation, Reducing the Impacts of Stormwater Runoff from New Development.
[Amended 9-15-1994 by L.L. No. 2-1994]
[g] 
Surface flows over cut and fill slopes should be controlled so as to prevent erosion.
[5] 
Timing.
[a] 
Except as noted below, all sites should be seeded and mulched with erosion control materials such as straw mulch, jute or excelsior (wood shavings) within 15 days of final grading. If construction has been suspended, or sections completed, areas should be seeded immediately and stabilized with erosion control materials. Maintenance should be performed as necessary to ensure continued stabilization.
[i] 
For active construction areas, such as borrow or stockpile areas, roadway improvements, and areas within 50 feet of a building under construction; a perimeter sediment control system consisting, for example, of silt fencing or hay bales, should be installed and maintained to contain soil.
[ii] 
On cut sides of roads, ditches should be stabilized immediately with rock riprap or other nonerodible liners or, where appropriate, vegetative measures such as sod. When seeding is approved, an anchor mulch should be used and soil should be limed and fertilized.
[iii] 
Permanent seeding should optimally be undertaken in the spring from March 21 through May 20 and in late summer from August 25 to October 15. During the peak summer months and in the fall after October 15 when seeding is found to be impracticable, an appropriate mulch should be applied. Permanent seeding may be undertaken during summer if plans provide for adequate watering of the seedbed.
[iv] 
All slopes steeper than 3:1 (horizontal: vertical), as well as basin or trap embankments and perimeter dikes should, upon completion, be stabilized with sod, seed and anchored straw mulch, or other approved stabilization measures. Areas outside of the perimeter sediment control system should not be disturbed. Maintenance should be performed as necessary to ensure continued stabilization.
[b] 
Temporary sediment trapping devices should be removed within 30 calendar days following establishment of permanent stabilization in all contributory drainage areas. Stormwater management structures used temporarily for sediment control should be made permanent within this time period as well. Accumulated sediments removed from temporary sediment traps or permanent stormwater management facilities should be disposed of such that they will not erode and enter a water body.
[6] 
Stream corridor management.
[a] 
Stream corridors should be delineated on a map for all streams (permanent or intermittent) on the project site. An analysis of natural resource constraints and cultural features, such as floodplains, wetlands, slopes, soil erodibility, depth to bedrock, areas of ecological or geological significance, significant wildlife habitats and historic landmarks, can be used to delineate stream corridors. The fifty-foot setback distance from flood hazard areas and the one-hundred-foot buffer around protected wetlands should be factored into the stream corridor delineation process. If there is a stream corridor management ordinance, an overlay protective district or other local law which protects the stream corridor, then that law should provide the basis for stream corridor delineation.[1]
[1]
Editor's Note: See Chapter 124, Flood Damage Prevention.
[b] 
The delineated stream corridor should serve as the minimum setback distance between areas to be developed on the project site and the protected stream. Setback distances should be based upon the analysis of natural resource constraints, such as slope, soil erodibility, depth to bedrock and cultural resource features.
[c] 
Care is to be exercised to ensure that streambank vegetation, including grasses, shrubs and trees, in the delineated stream corridor remain undisturbed during land clearing, land grading and construction. The outer edge of the stream corridor on the construction site should be clearly delineated. Heavy construction equipment should be prevented from entering the delineated stream corridor.
[d] 
Impervious surfaces, other than planned crossings, consisting of asphalt, concrete or similar paving materials should not be installed or constructed within the delineated stream corridor.
[e] 
The bed and banks of all on site and off site streams which may be impacted by land clearing, grading and construction activities should be protected to prevent sedimentation, streambank erosion, stream enlargement or degradation or loss of fisheries habitat. Measures for protecting the bed and/or banks of a stream may include gabion baskets, riprap, log cribbing and vegetative measures. Whenever possible, vegetative streambank stabilization practices are recommended over structural practices such as riprap and gabion linings which may unnecessarily alter the existing stream ecosystem. Native species of vegetation should be used for streambank stabilization wherever practical. In undertaking streambank stabilization activities for protected streams, the permittee shall comply with appropriate protection of water provisions in Article 15 of the Environmental Conservation Law.
[f] 
Where temporary work roads or haul roads cross stream channels, adequate waterway openings must be constructed using spans, bridges or culverts. Backfill used in conjunction with spans, bridges or culverts should consist of washed rock or other acceptable, clean methods that will ensure that road construction and use do not result in turbidity and sediment downstream. All stream crossing activities and appurtenances shall be in compliance with a permit issued pursuant to Article 15 of the Environmental Conservation Law, where applicable.
[7] 
Maintenance.
[a] 
An erosion control plan for a project site should identify maintenance requirements for erosion and sediment control practices utilized, and it should provide a maintenance schedule. All erosion and sediment control measures should be inspected at a minimum of once a week and after every heavy rainfall and maintained in conformance with the schedule so as to ensure they remain in effective operating condition until such times as they are removed.
[b] 
All points of construction ingress and egress should be protected to prevent the deposition of materials onto traversed public thoroughfare(s) either by installing and maintaining a stabilized construction entrance or by maintaining a vehicle wash area in a safe disposal area to wash vehicle wheels and undercarriage. All materials deposited onto public thoroughfare(s) should be removed immediately. Proper precaution should be taken to assure that the removal of materials deposited onto public thoroughfare(s) will not enter catch basins, storm sewers or water bodies.
[c] 
Accumulated sediment should be removed when 60% of the storage capacity of sediment retention structures is reached. All removed sediment should be disposed of in a spoil area where it can be graded, mulched and seeded to prevent erosion and sedimentation.
B. 
Flood control standards.
(1) 
The following standards are intended to ensure that stormwater runoff is safely conveyed through a development site, to minimize streambank erosion and to reduce flooding related to land development and urbanization:
(a) 
Peak flow attenuation.
[1] 
The release of stormwater runoff from a developed area should not exceed predevelopment conditions. To accomplish this, stormwater runoff should be controlled so that during and after development, no greater peak flow will be discharged from the project site than was discharged prior to development for a runoff volume generated from a two-year twenty-four-hour storm, a ten-year twenty-four-hour storm and a one-hundred-year twenty-four-hour storm all considered individually.
[a] 
The runoff volume generated from a one-year, twenty-four-hour storm should be stored and gradually released for a minimum of 40 hours. This design standard is intended to prevent stream channel erosion.
[b] 
The runoff volume generated from a ten-year, twenty-four-hour storm should be attenuated for a minimum of 24 hours. This design standard is intended to assure the adequacy of existing and proposed culverts and storm drain systems.
[c] 
The runoff volume generated from a one-hundred-year, twenty-four-hour storm should be attenuated for a minimum of 24 hours. This is intended to reduce the rate of runoff from development to prevent expansion of the one-hundred-year floodplain and to alleviate flooding of improved properties and roadways.
[2] 
Dry detention basins are frequently used for peak flow attenuation. However, it is not necessary that peak flow attenuation requirements be satisfied only by means of detention basins. For example, infiltration trenches, dry wells or stone reservoirs underneath paving may be used for attenuating peak flows for smaller storms. Appropriate consideration must be given to the length of life of the stormwater facility and feasibility of maintenance.
[3] 
Where dams are to be constructed for attenuating peak flows, approval may have to be obtained from the Department of Environmental Conservation (DEC) pursuant to Article 15, § 15-0503, of the Environmental Conservation Law.
[Amended 9-15-1994 by L.L. No. 2-1994]
[4] 
The minimum requirements for peak flow attenuation can be waived for the one-hundred-year, twenty-four-hour storm event where it can be proven that downstream flooding is not a concern, such as where stormwater runoff is discharged to coastal waters or to a regional stormwater facility designed to handle additional volume and peak discharge. The cumulative effect of all proposed development projects within the watershed should be considered in making this determination.
[5] 
For public safety reasons, the structural integrity of all stormwater management control facilities should be designed to withstand the discharge from a one-hundred-year, twenty-four-hour storm event.
(b) 
One-hundred-year floodplains.
[1] 
When a land development project is in the vicinity of a river, stream, lake or coastal embayment, encroachment into special flood hazard areas is allowed only in compliance with provisions adopted by the municipality under the National Flood Insurance Program (NFIP).
[2] 
A fifty-foot buffer (building restriction line) should be established from the flood hazard area as a safety factor to allow for inaccuracy in the determination.
[3] 
Pursuant to Article 24 of the Environmental Conservation Law, a one-hundred-foot buffer is required around a protected wetland. Other buffer requirements may apply in a delineated stream corridor.
[4] 
For all development projects of five or more areas or containing five or more dwelling units where flood elevation data are not available through the NFIP, the stormwater management plan must include a study to determine one-hundred-year floodplain elevations in accordance with TR-20, HEC-2 or other standard engineering methods. Such elevation data shall be used to regulate floodplain encroachments in accordance with the NFIP. The one-hundred-year floodplain elevation and the building restriction line should be shown on the plan.
(c) 
Runoff conveyance systems.
[1] 
Priority should be given to maintaining natural drainage systems, including perennial and intermittent streams, swales and drainage ditches, in an open condition.
[2] 
Where closed storm drain systems (i.e., those involving a culvert or similar conduit) are deemed essential, justification should be given as to why it is necessary to have a closed system. When justified, the closed system should be designed to convey the ten-year twenty-four-hour storm flow within the closed (piped) storm drain system; and when a closed system sized for a ten-year, twenty-four-hour storm is used, the storm drain system also should provide for conveyance of the one-hundred-year twenty-four-hour storm (generally on well established turf over the top of the closed storm drain).
[3] 
Any alteration to a protected stream, a streambed or the banks thereof, including the installation of stormwater conveyance systems, will require an Article 15 of the Environmental Conservation Law protection of water permit and may require an Article 24 of the Environmental Conservation Law freshwater wetlands permit.
[4] 
Any culvert or stormwater structure placed in a stream should not impede fish migration.
C. 
Water quality management standards.
(1) 
The following guidelines should be used in conjunction with the erosion and sediment control guidelines and flood control guidelines to protect water quality from runoff associated with development projects. The guidelines should be allowed by a project applicant/sponsor in preparing and implementing a stormwater management plan. The guidelines should apply to all land areas where soil permeability has been changed as a result of land clearing, land grading and land development. The hierarchy of methods for managing stormwater quality should be considered when implementing these standards.
(a) 
Control of first flush. Control of the first flush is important in stormwater management because most runoff-related water quality contaminants are transported from land, particularly impervious surfaces, during the initial stages of a storm event. For example, from 70% to 95% of the contaminants in stormwater can be removed by capturing the first flush of runoff through infiltration practices. Regardless of whether infiltration, retention or extended detention practices are used to capture the first flush, the performance standards for protecting water quality from stormwater runoff are as follows:
[1] 
Stormwater management facilities for capturing and treating the first flush may include infiltration, retention and extended detention. Dry detention (ponds) may not be used to treat the first flush.
[2] 
Stormwater management facilities for treating the first flush should be designed to capture the runoff resulting from a one-year twenty-four-hour storm from all land areas for which the perviousness has been changed over predevelopment conditions due to land clearing, land grading and construction. Supplemental stormwater management practices, including swales, filter strips and oil/grit separators, may not be used as a substitute for infiltration, retention and extended detention in treating stormwater runoff. However, these practices should be used in conjunction with infiltration, retention and extended detention wherever feasible.
[3] 
When extended detention is used, the detention time for capturing and treating the first flush that is being discharged to a river, stream or wetland should be at least 24 hours. The detention time for treating stormwater runoff in an extended detention facility which is being discharged to a lake, reservoir, coastal embayment or estuary or a tributary thereto should be at least 14 days.
[4] 
There should be no surface discharge to a waterbody when infiltration or retention is used. If extended detention is built into a retention (wet) pond by providing additional freeboard and an outlet structure to an impoundment, the above detention times should be used.
(b) 
Control of thermal discharges. Control of thermal energy in stormwater runoff in watersheds having streams which support cold-water fisheries is essential. Impervious surfaces, for example, asphalt parking areas and roofs, store large quantities of heat during hot weather in summer. The heat from such surfaces is released to stormwater through conduction during storm events. Stormwater runoff having elevated temperatures can, in turn, increase stream temperatures during storm events and adversely impact cold-water fisheries or other aquatic ecosystem functions. Accordingly, stormwater discharges should be consistent with the thermal criteria found in Part 704 of the Water Quality Regulations, Title 6, Chapter X, New York Codes, Rules and Regulations.
The Town of Lowville may allow stormwater runoff that is of unacceptable quality or which would be discharged in volumes or rates in excess of those otherwise allowed by this chapter to be discharged into stormwater management facilities off the site of development if all of the following conditions are met:
A. 
It is not practicable to completely manage runoff on the site in a manner that meets the performance standards in § 198-10.
B. 
The off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this chapter.
C. 
Adverse environmental impacts on the site of development will be minimized.
(1) 
Adequate provision is made for the sharing of construction and operating costs of the off-site facilities. The developer may be required to pay a portion of the cost of constructing the facilities as a condition to receiving approval of the drainage plan.
(2) 
Use of regional off site stormwater management facilities does not eliminate the requirement that the first flush be captured and treated on site.
(3) 
A request to use off site stormwater management facilities and all information related to the proposed off-site facilities should be made a part of the developer's stormwater management plan.
A. 
The Town of Lowville shall determine whether stormwater management facilities are to be maintained by the developer/owner, a homeowner's association or by the Town of Lowville.
(1) 
If maintenance is to be performed by a homeowner's association, the homeowner's association must be registered pursuant to § 352-e of the New York State General Business Law.
(2) 
If maintained by an owner or homeowner's association, a maintenance plan containing a maintenance schedule shall be prepared by the developer, owner and/or homeowner's association for approval by the Town of Lowville.
(3) 
Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town of Lowville Code Enforcement Official to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the Town of Lowville shall give the owner or homeowner's association written notice of the nature of the existing defects. If the owner or homeowner's association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Town Board, the Town may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to § 198-13 of this chapter or by the homeowner's association. If, in the event that the homeowner's association fails to pay for required corrective action, the Town of Lowville shall have a lien placed on the real property of members of the homeowner's association until payment is made.
[Amended 9-15-1994 by L.L. No. 2-1994]
B. 
Stormwater management facilities may be dedicated to the Town of Lowville for the purposes of maintenance by mutual consent and agreement of the developer/owner and Town and shall be dedicated to the Town of Lowville when said facilities are determined to be appropriately a part of the Town of Lowville maintained stormwater management system.
A. 
In order to insure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town of Lowville in its approval of the stormwater management and erosion control plan, the Town of Lowville may require the developer to provide, prior to construction, a performance bond, escrow account certification or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Lowville as the beneficiary. The security shall be in an amount to be determined by the Town of Lowville based on submission of final design plans, with reference to actual construction costs.
B. 
Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or owner of a development (and not by a homeowner's association or the Town), the developer, prior to construction, also may be required to provide the Town of Lowville with an irrevocable letter of credit from an appropriate financial institution or surety to insure proper operation and maintenance of all stormwater management and erosion control facilities for the life of the project.
(1) 
The letter of credit shall remain in force until the surety is released from liability by the Town.
(2) 
Per annum interest on the letter of credit will be reinvested in the account until the surety is released from liability.
(3) 
The operation and maintenance letter of credit shall remain in force for the life of the project.
(4) 
If the developer or owner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance.
A. 
Nuisance. Any development activity that is commenced without prior approval of a stormwater management and erosion control plan or is conducted contrary to an approved stormwater management and erosion control plan as required by this chapter shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law.
B. 
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 $1,000 or by imprisonment for a period not to exceed 60 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
C. 
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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
D. 
Notice of violation. When the Town determines that developmental activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1) 
The name and address of the owner or applicant.
(2) 
The street 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 actions necessary to bring the development activity into compliance with this chapter and a time schedule for 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 Town Board by filing a written notice of appeal within 15 days of service of notice of violation.
E. 
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal services of notices by the court of local jurisdiction or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested, to such person at his or her last known address.
F. 
A notice of violation issued pursuant to this chapter constitutes a determination from which an administrative appeal may be taken to the Town Board.
Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a stormwater management and erosion control plan, issuance of a written notice of violation or an alleged failure to properly enforce this chapter in regard to a specific application, shall have the right to appeal the action to the Town Board. The appeal shall be filed, in writing, within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based and shall be processed in the manner prescribed for hearing administrative appeals.
The Town Board may grant a written variance from any requirement of this chapter using the following criteria:
A. 
There are special circumstances applicable to the subject property or its intended use; and
B. 
The granting of the variance will not:
(1) 
Increase or decrease the rate or volume of surface water runoff.
(2) 
Have an adverse impact on a wetland, watercourse or water body.
(3) 
Contribute to the degradation of water quality.
(4) 
Otherwise impair attainment of the objectives of this chapter.