[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 6-6-2018 by L.L. No. 6-2018. Amendments noted where applicable.]
It is hereby determined that:
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 disposition;
This runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;
Impervious surfaces allow less water to percolate into the soil, thereby increasing groundwater recharge and stream baseflow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled through the regulation of stormwater runoff from land development activities;
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, and nonpoint source pollution associated with 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;
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within the jurisdiction and to address the findings of fact in § 204-1. This chapter seeks to meet those purposes by achieving the following objectives:
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-0-15-003, or as amended or revised;
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-0-15-002, or as amended or revised;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and to maintain the integrity of stream channels;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
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 those threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Oyster Bay has the authority to enact and amend local laws for the purposes of promoting the health, safety and welfare of the residents of the Town of Oyster Bay, and protecting and enhancing its physical environment. In any such local law, the Town Board of the Town of Oyster Bay may provide for the appointment of any municipal officer, employee or independent contractor to effectuate, administer and enforce such local law.
This chapter shall be applicable to all land development activities as defined in this chapter, § 204-6.
The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans (SWPPP) and forward such plans to the applicable municipal board. The Stormwater Management Officer may review the plans, 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 accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
The following activities may be exempt from review under this chapter:
Agricultural activity, as defined in this chapter;
Routine maintenance activities that disturb less than five acres, and that are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer;
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Oyster Bay, or the County of Nassau, before the effective date of this chapter;
Land development activities for which a building permit has been approved on or before the effective date of this chapter;
Installation of fence, sign, telephone and electric poles, and other kinds of poles or posts;
Emergency activity immediately necessary to protect life, property or natural resources;
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; and
Landscaping and horticultural activities in connection with an existing structure.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings set forth in this section.
- AGRICULTURAL ACTIVITY
- The activity of an active farm, including grazing and watering livestock, irrigating 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 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.
- The deliberate appropriation of property by its owner for general public use.
- The New York State Department of Environmental Conservation.
- DESIGN MANUAL
- The most recent version of the New York State Stormwater Management Design Manual, including updates, that serves as the official guide for stormwater management principles, methods and practices.
- A person who undertakes land development activities.
- EROSION CONTROL MANUAL
- 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 material, including the resulting conditions thereof.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
- INDUSTRIAL STORMWATER PERMIT
- 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.
- JURISDICTIONAL WETLAND
- 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."
- LAND DEVELOPMENT ACTIVITY
- Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance 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 person holding proprietary rights in the land.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- NONPOINT SOURCE POLLUTION
- Pollution from any source other than from discernible, confined and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
- Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
- POLLUTANT OF CONCERN
- Sediment or a water quality measurement (such as total suspended solids, turbidity, or siltation) and any other pollutant identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
- Land development activity.
- QUALIFIED INSPECTOR
- A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified professional in erosion and sediment control (CPESC), registered landscape architect, or other Department-endorsed individual(s). It can also mean someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that the individual working under the direct supervision of the licensed professional engineer or registered landscape architect has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity. After receiving the initial training, the individual working under the direct supervision of the licensed professional engineer or registered landscape architect shall receive four hours of training every three years. It can also mean a person that meets the qualified professional qualifications in addition to the qualified inspector qualifications. (NOTE: Inspections of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment, shall be performed by a licensed professional engineer.)
- QUALIFIED PROFESSIONAL
- A person that is knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed professional engineer, registered landscape architect or other Department-endorsed individual(s). Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics. All components of the SWPPP that involve the practice of engineering, as defined by the NYS Education Law (see Article 145), shall be prepared by, or under the direct supervision of, a professional engineer licensed to practice in the State of New York.
- The replenishment of underground water reserves.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-15-002
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SYSTEMS GP-0-15-003
- 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 specify stormwater standards.
- The use of practices that prevent exposed soil from eroding.
- STOP-WORK ORDER
- An order issued that requires that all construction activity on a site be stopped.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER HOTSPOT
- 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.
- STORMWATER MANAGEMENT
- The use of structural or nonstructural practices designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources, and the environment.
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater management runoff.
- STORMWATER MANAGEMENT OFFICER
- The Commissioner of the Department of Public Works, or his or her designee, who shall be responsible to enforce this chapter, and to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
- STORMWATER MANAGEMENT PRACTICES (SMPs)
- 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.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
- SURFACE WATERS OF THE STATE OF NEW YORK
- The 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 waste treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion only applies to man-made bodies of water that 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.
Stormwater pollution prevention plan (SWPPP) requirement. No application for approval of a land development activity that requires a SWPPP shall be granted until the appropriate board has received and approved a SWPPP prepared in accordance with the specifications within this chapter. An owner or operator of a construction activity that is subject to the requirements of a regulated, traditional land use control MS4 must first prepare a SWPPP in accordance with all applicable requirements and then have its SWPPP reviewed and accepted by the SMO or designee prior to submitting the notice of intent (NOI) to the Department. The owner or operator shall have the "MS4 SWPPP Acceptance" form signed in accordance with the requirements of GP-0-15-002, or as amended or revised, and then submit that form along with a completed NOI to the Department. An owner or operator shall not commence construction activity until their authorization to discharge under this permit is in effect.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and sediment controls:
Background information about the scope of the project, including location, type, and size of project;
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 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 discharge(s);
A description of the soil(s) at the present site, including an identification of the hydrologic soil group (HSG);
A construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time without prior written authorization pursuant to Department SPDES General Permit for Stormwater Discharges from Construction Activity Permit No. GP-0-15-002 (or as amended). At a minimum, the owner or operator must comply with the following requirements in order to be authorized to disturb greater than five acres of soil at any one time:
The owner or operator shall have a qualified inspector conduct at least two sediment and erosion control inspections in accordance with Part IV.C of the SPDES General Permit every seven calendar days, for as long as greater than five acres of soil remain disturbed. The two inspections shall be separated by a minimum of two full calendar days.
In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the technical standard, New York State Standards and Specifications for Erosion and Sediment Control, dated November 2016 (or as amended).
The owner or operator shall prepare a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills.
The owner or operator shall install any additional site-specific practices needed to protect water quality.
The owner or operator shall include the requirements above in their SWPPP.
A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
A description of construction and waste materials expected to be stored on site with updates, as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
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;
A site map/construction drawing(s) specifying the location(s), sizes, and lengths of each sediment control practice;
The dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
The temporary practices that will be converted to permanent control measures;
The implementation schedule for staging temporary erosion and sediment control practices, including the timing of the initial placement and duration that each practice should remain in place;
A maintenance schedule to insure continuous and effective operation of the erosion and sediment control practice;
The name(s) of the receiving water(s);
A delineation of SWPPP implementation responsibilities for each part of the site;
A 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
Any existing data that describes the stormwater runoff at the site.
Land development activities as defined in § 204-6 of this chapter and meeting condition A, B or C below shall also include water and water quality controls (post-construction stormwater runoff controls) as set forth in this chapter as applicable:
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.
Condition B: stormwater runoff from land development activities disturbing five or more acres.
Condition C: stormwater runoff from land development activities disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
SWPPP requirements for Conditions A, B and C:
A description of each post-construction stormwater management practice;
Site map/construction drawing(s) showing the specific locations and sizes of each post-construction management practice;
A hydrologic and hydraulic analysis for all structural components of the stormwater management system for applicable design storms;
A comparison of post-development stormwater runoff conditions;
The dimensions, material specifications and installation details for each post-construction stormwater management practice;
A maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with the transfer of title to the property; and
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 204-9 of this chapter.
The SWPPP shall be prepared by a qualified professional and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this chapter.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
The owner or operator shall have each of the contractors and subcontractors identified in the SWPPP sign a copy of the following certification statement before they commence any construction activity: "I hereby certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System ("SPDES") general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I am aware that there are significant penalties for submitting false information, that I do not believe to be true, including the possibility of fine and imprisonment for knowing violations."
In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained contractor responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The owner or operator shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above.
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:
Technical standards. For the purposes of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter.
The New York State Stormwater Management Design Manual (the New York State Department of Environmental Conservation, most current version, or its successor, hereinafter referred to as the "Design Manual").
New York State Standards and Specifications for Erosion and Sediment Control, dated November 2016, or as amended or revised, hereinafter referred to as the "Erosion Control Manual".
Equivalence to technical standards. 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 Subsection A, and the SWPPP shall be prepared by a licensed professional.
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 the surface waters of the State of New York.
Maintenance and inspection during construction.
The owner or operator of each construction activity that requires preparation of a SWPPP shall have a trained contractor inspect the erosion and sediment control practices and pollution prevention measures being implemented within the active work area daily to ensure that they are being maintained in effective operating condition at all times. If deficiencies are identified, the contractor shall begin implementing corrective actions within one business day and shall complete the corrective actions in a reasonable time frame.
The owner or operator shall have a qualified inspector conduct site inspections in conformance with the following requirements: Unless otherwise notified by the Department, the qualified inspector shall conduct site inspections in accordance with the following timetable:
For construction sites where soil disturbance activities are on-going, the qualified inspector shall conduct a site inspection at least once every seven calendar days.
For construction sites where soil disturbance activities are on-going and the owner or operator has received authorization in accordance with the provisions of this chapter to disturb greater than five acres of soil at any one time, the qualified inspector shall conduct at least two site inspections every seven calendar days. The two inspections shall be separated by a minimum of two full calendar days.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant, or developer, must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Oyster Bay to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the Office of the Nassau County Clerk after approval by the counsel for the Town of Oyster Bay.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure that they are maintained and operated to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
A preventative/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.
Written procedures for operation and maintenance and training new personnel.
Maintenance agreements. The Town of Oyster Bay shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the Nassau 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 chapter, entitled Sample Stormwater Control Facility Maintenance Agreement. (Note: Schedule B, Sample Stormwater Control Facility Maintenance Agreement, is included at the end of this chapter.) The Town of Oyster Bay, in lieu of a maintenance agreement, and at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all of the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
Editor's Note: Schedule B is on file in the Town offices.
For stormwater pollution prevention plan provisions relating to subdivision plat approval, see §§ 246-220.127.116.11.2 and 246-18.104.22.168.2.
Erosion and sediment control inspection.
The Oyster Bay Stormwater Management Officer may require such inspections as are necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP), as approved. To obtain inspections, the applicant shall notify the Town of Oyster Bay enforcement official at least 48 hours before any of the following, as required by the Stormwater Management Office:
Start of construction.
Installation of sediment and erosion control measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
Stormwater management practice inspections. The Town of Oyster Bay Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any SMPs located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including, but not limited to: routine inspections, inspections based on complaints or other notice of possible violations, inspections of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit, and joint inspections with other agencies inspecting other environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records, sampling discharges, surface water, groundwater and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other SMPs.
Submission of reports. The Town of Oyster Bay Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Oyster Bay the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection specified in Subsection C hereof.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Oyster Bay in its approval of the stormwater pollution protection plan, the Town of Oyster Bay may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow or irrevocable letter of credit from an appropriate financial surety institution which guarantees satisfactory completion of a project and names the Town of Oyster Bay as the beneficiary. The security shall be in an amount to be determined by the Town of Oyster Bay based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Oyster Bay, provided that such period be not less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facility(ies) have been found to be acceptable to the Town of Oyster Bay. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Oyster Bay with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion and control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Oyster Bay may draw upon the account to cover the costs of proper operation and maintenance, including, but not limited to, engineering and inspection costs.
Recordkeeping. The Town of Oyster Bay may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
Notice of violation. When the Town of Oyster Bay determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
The name and address of the landowner, developer or applicant;
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measure necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action; and
A statement of the penalty or penalties that shall, or may, be assessed against the person to whom the notice is directed.
Stop-work orders. The Town of Oyster Bay may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Oyster Bay confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this chapter.
Violations. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
Penalties. In addition to, or in place of, any penalty provided herein or otherwise provided by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, upon conviction of a first offense. A conviction for a second offense, committed within five years of a conviction for a first offense, shall be punishable by a fine not exceeding $700 or a period of imprisonment not to exceed six months, or both. A conviction for a third or subsequent offense, committed within five years of all previous convictions for violation of this chapter, shall be punishable by a fine not exceeding $1,000 or a period of imprisonment not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon the courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate and additional violation.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or land.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Oyster Bay shall take all necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Oyster Bay may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Town of Oyster Bay or by a third party for the Town of Oyster Bay.
If the provisions of any article, section, subsection, paragraph, subdivision, clause, phrase, or sentence of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, clause, phrase or sentence of this chapter.