[HISTORY: Adopted by the Town Board of the
Town of New Windsor 8-1-2012 by L.L. No. 3-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 107.
Chemical and hydrocarbon spills — See Ch. 119.
Environmental quality review — See Ch. 130.
Flood damage prevention — See Ch. 151.
Freshwater wetlands — See Ch. 156.
Sewers — See Ch. 240.
Subdivision of land — See Ch. 257.
Water — See Ch. 287.
Zoning — See Ch. 300.
[1]
Editor’s Note: Former Ch. 249, Stormwater Management
and Stormwater Pollution Prevention, adopted 8-4-2004 by L.L. No.
2-2004, was repealed 8-1-2012 by L.L. No. 2-2012.
The New York State Department of Environmental Conservation
has promulgated regulations requiring municipal separate storm sewer
systems (MS4) to obtain coverage under NYSDEC General Permit 02-02.
The Town of New Windsor has implemented a stormwater management plan
which requires an enactment of a local law requiring stormwater management
for various activities within the Town. It is the purpose of this
chapter to adopt minimal acceptable standards which must be met for
subdivisions, site plans and construction projects which impact more
than one acre of property within the municipal boundaries. The Town
has noted that changes in watershed hydrology can occur due to land
development, site grading, roadway construction and other construction
activities. The Town wishes to protect the general public from impacts
associated with increased runoff from developed properties as well
as protecting the water quality of receiving stream waters within
the Town in order to obtain compliance with regulatory stormwater
management requirements and sound engineering practices.
A.
It is the purpose of these regulations to establish minimum acceptable
standards for stormwater management within the Town of New Windsor.
These minimum acceptable standards must be met and paid for by the
person or firm proposing the subdivision, development and/or site
plan where the facilities will be used.
B.
The limitations on construction of stormwater management facilities
imposed herein specifically do not apply to mapped subdivisions, developments
and site lands which have been finally approved by the Town of New
Windsor Planning Board or other authorized authority for which a final
map has been filed in the office of the Orange County Clerk.
C.
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-0-08-02 or as amended or revised.
D.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-08-001 or as amended or revised.
E.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels.
F.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
G.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
H.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
Since improperly managed stormwater runoff can increase the
incidence of flooding and erosion which can adversely affect human
life, flora and fauna, these regulations have the following objectives:
A.
To protect, maintain and enhance both, the immediate and long-term
health, safety and general welfare of the citizens of the Town of
New Windsor.
B.
To prevent damage from flooding.
C.
To protect, restore and maintain the chemical, physical and biological
integrity of community waters.
D.
To encourage protection of natural drainage systems, such as wetlands,
and use them in ways that do not impair their beneficial functioning.
E.
To protect, restore and maintain the habitat of fish and wildlife.
F.
To assure the attainment of these objectives by requiring the approval
and implementation of SWPPPs for all activities which may adversely
impact surrounding areas.
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the meanings they have in common usage
and to give these regulations their most effective application. Words
used in the singular shall include the plural, and the plural shall
include 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.
Any modifications, alterations or effects on a feature or
characteristic of public waters, wetlands or adjacent lands, including
their quality, quantity, hydrology, surface area, species composition,
living resources, aesthetics or usefulness for human or natural uses
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity
or stability or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation.
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.
A permanent structure for the temporary storage of runoff,
designed so as not to create a permanent pool of water, which gradually
releases water over 24 hours at a rate not exceeding the predevelopment
rate of runoff. This structure is used to control the peak discharge
rates of stormwater and provide gravity settling of pollutants.
Any person who engages in development either as the owner
or the agent of the owner of property.
Construction, installation, alteration, demolition or removal
of a structure, impervious surface or drainage facility.
Clearing, scraping, grubbing or otherwise removing or killing
the vegetation of a site; or
Adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging or otherwise significantly disturbing
the soil, mud, sand or rock of a site.
Any component of the drainage system.
The system through which the water flows from the land. It
includes stormwater, watercourses, water bodies, groundwater and wetlands.
The wearing away or washing away of soil by the action of
wind or water.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
The first 1/2 inch of runoff or the runoff generated from
a one-year storm event, whichever is greater, from all land areas
that have been made more impervious than predevelopment conditions
through land clearing, grading, construction and/or development activities.
The temporary rise in the level of any water body, watercourse
or wetland which results in the inundation of areas not ordinarily
covered by water.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, gravel areas, etc.).
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes semi-impervious areas such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures.
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 pollution control strategies.
The process of percolating stormwater into the subsoil.
A permanent structure designed to recharge stormwater runoff
to groundwater.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Systems which predominately consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur
indigenously on the land, in the soil or in the water.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The person in whom is vested the fee ownership, dominion
or title of property, i.e., the proprietor. This term may also include
a tenant, if chargeable under his lease for the maintenance of the
property, and any agent of the owner or tenant, including a developer.
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
Any water bodies, watercourses or wetlands into which surface
waters flow either naturally, in man-made ditches or in closed conduit
systems.
The replenishment of undergroundwater reserves.
A permanent structure which provides for the storage of runoff
by means of a permanent pool of water without release except by means
of evaporation, infiltration or attenuated release when runoff volume
exceeds the permanent storage capacity.
The fine particulate material, whether mineral or organic,
that is in suspension or has settled in a water body.
Measures that prevent eroded sediment from leaving the site.
Any structure or area which is designed to hold runoff water
until suspended particles have settled.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
Any tract, lot or parcel of land, or combination of tracts,
lots or parcels of land, which are in one ownership or are contiguous
and in diverse ownership where development is to be performed as part
of a unit, subdivision or project.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices. Plan reviews and site inspections may be delegated to a
consulting engineer and/or a consultant paid for through the applicant's
escrow account; however, a municipal employee or board member must
make the final approval.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
That which is built or constructed, an edifice or building
or any piece of work artificially built or composed of parts joined
together in some definite manner, but shall not include fences or
signs.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons which also meet the criteria of this definition are
not waters of the state. This exclusion applies only to man-made bodies
of water which neither were originally created in waters of the state
(such as a disposal area in wetlands) nor resulted from impoundment
of waters of the state.
All plant growth, including trees, shrubs, herbs, vines,
ferns, mosses and grasses.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A drainage area or basin contributing to the flow of water
in a receiving body of water.
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body or drainage system.
It also includes diffused surface water and water standing, percolating
or flowing beneath the surface of the ground.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Any area meeting the requirements of the "Federal Manual
for Identifying and Delineating Jurisdictional Wetlands" (latest edition),
and/or any area identified by the New York State Department of Environmental
Conservation (NYSDEC) as being a state-protected wetland.
A.
Unless exempted pursuant to Subsection B, soil erosion and sediment control flow and/or a SWPPP must be submitted and approved before:
(1)
A plat is recorded or land is subdivided;
(2)
An existing drainage system is altered, rerouted, deepened, widened,
enlarged, decreased or obstructed; or
(3)
The issuance of a building permit;
(4)
Site plan or special use permit granted by the Planning Board;
(5)
Approval of a plan which proposes construction of a Town or private
road.
B.
Exemptions. The following development activities are exempt from
the stormwater management plan requirements:
(1)
Developments which do not disturb more than then one acre (43,560
square feet).
(a)
For projects which disturb between 10,000 square feet and 43,560
square feet, an erosion and sediment control plan shall be implemented
and maintained as directed by the Stormwater Management Officer.
(2)
Agricultural land-management activities.
(a)
For projects involving agricultural structures disturbing between
10,000 square feet and 43,560 square feet a soil erosion and sediment
control plan shall be implemented and maintained as directed by the
Stormwater Management Officer.
(3)
Any maintenance, alteration, use or improvement to an existing structure
not changing or affecting quality, rate or location of surface water
discharge.
(4)
Silvicultural activity.
(5)
Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
(6)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer or Town's consultant.
(7)
Land development activities for which a building permit has been
approved on or before the effective date of this law.
(8)
Cemetery graves.
(9)
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
(10)
Emergency activity immediately necessary to protect life, property
or natural resources.
(11)
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
(12)
Landscaping and horticultural activities in connection with
an existing structure.
Any development or land development activity which has been the subject of a complete public hearing (i.e., the public hearing has been opened and closed) prior to the effective date of this revised Chapter 249 shall not be subject to these requirements but shall, instead, comply with the applicable requirements prevailing immediately prior to the effective date of this revised Chapter 249.
A.
It is the responsibility of an applicant to include in the SWPPP
sufficient information for the Town Engineer or his designee to evaluate
the environmental characteristics of the affected areas, the potential
and predicted impacts of the proposed activity on public waters and
adjacent lands and the effectiveness and acceptability of those measures
proposed by the applicant for reducing adverse impacts. The SWPPP
shall contain all material necessary to communicate the information
required by this section.
(1)
All calculations, assumptions, criteria and references used in the
design of new facilities, examination of existing facilities and comparison
of pre-to-post development discharges shall be included with the plan.
(2)
All stormwater management data must be prepared and sealed by individuals
registered in New York State to perform such duties.
B.
The SWPPP shall contain the name, address and telephone number of
the owner and the developer. In additional, 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 other municipalities shall be clearly identified by
a map.
C.
The existing environmental and hydrologic conditions of the site
and of receiving waters and wetlands shall be described in detail,
including the following:
(1)
A plan showing the predevelopment conditions of the site at a scale
of at least one inch equals 50 feet and a map at a scale of at least
one inch equals 500 feet which shows all contributory drainage areas
to the study point.
(2)
The flow rate of stormwater runoff under existing conditions.
(3)
A description of all watercourses, water bodies and wetlands on or
adjacent to the site or into which the stormwater flows. Information
regarding the existing water quality, if any, and the receiving water
quality classification as determined by the NYSDEC shall be included.
(4)
Groundwater levels from readily available data sources.
(5)
The location of floodplains.
(6)
Land cover.
(7)
Topography at two-foot contour intervals.
(8)
Soils, including erodibility, percolation rate, depth to groundwater
and depth to bedrock, etc.
D.
Proposed alterations of the site shall be described in detail and
shown on plans at a scale of at least one inch equals 50 feet, including:
(1)
Changes in topography, with all grading shown with two-foot contour
intervals or less.
(2)
Limits of proposed disturbed area.
(3)
Proposed ground coverage, i.e., pavement, gravel, houses, buildings,
lawns, etc., and their areas.
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP.
(5)
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff.
(6)
Description of construction and waste materials expected to be stored
on site with updates as appropriate, and a description of controls
to reduce pollutants from these materials including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response.
(7)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project close-out.
(8)
A site map/construction drawing(s) specifying the locations(s), size(s)
and length(s) of each erosion and sediment control practice.
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent control
measures.
(11)
Implementation schedule for tagging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place.
(12)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(15)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutant from exposed areas of the site to the degree
attainable.
(16)
Any existing data that describes the stormwater runoff at the
site.
E.
All components of the drainage system and any measures for the detention,
retention or infiltration of water or for the protection of water
quality shall be described in detail, including:
(1)
The channel, direction, flow rate and quality of stormwater that
will be conveyed from and/or through the site, with a comparison to
the existing conditions. (In no case will any facility or construction
be allowed that raises the existing water surface elevation on upstream
or downstream properties, unless specifically agreed to by those property
owners.)
(2)
Detention, retention and/or infiltration structures, including plans
for the discharge of contained waters, maintenance plans.
(3)
A tabulation of water quality volumes and storage, discharge curves
with corresponding water surface elevations, inflow hydrographs, outflow
hydrographs and dewatering/infiltration times will be required to
be submitted with all detention, retention and infiltration facilities.
(4)
All plans, with defined sub-catchment areas, and profiles of the
proposed drainage facilities, including the size and type of material.
(5)
Erosion control plans for all development activities.
(6)
All calculations and design information in accordance with the design
section of these regulations.
(7)
General specifications for the construction of all components of
the drainage system.
(8)
Any other information which the Town Engineer or his designated representative
believes is reasonably necessary for evaluation of the plans.
To ensure attainment of the objectives of these regulations
and to ensure that performance standards will be met, the design,
construction and maintenance of drainage systems shall be consistent
with the following standards:
A.
In the interest of reducing the total area of impervious surface,
preserving existing features, which are critical to stormwater management,
and reducing the concentration of stormwater flow, maximum use shall
be made of existing on-site natural and man-made stormwater management
facilities.
B.
Innovative stormwater management facilities may be proposed (e.g.,
rooftop storage, underground storage structures and infiltration systems),
provided that they are accompanied by detailed engineering plans and
demonstrate performance capabilities that are acceptable to the Town
Engineer.
C.
Stormwater management facilities shall be provided so the peak discharge
of the calculated post-development runoff to an adjacent property,
watercourse or water body does not exceed the peak discharge of the
predevelopment runoff. Point discharge of stormwater runoff to an
adjacent property, watercourse or water body will not be allowed in
the post-development design if one did not exist in the predevelopment
condition. Point discharge is required to be returned to sheet flow
or an easement will be required to be obtained from the adjoining
property owner if this condition cannot be met.
D.
Runoff calculations for the predevelopment and post-development comparison
shall consider the one-year, ten-year, twenty-five-, and one-hundred-year
storm frequencies.
E.
For predevelopment computations, all runoff co-efficient within the
study area shall be based on actual (present) land use conditions.
F.
Retention and detention basins in compliance with NYSDEC standards
and guidelines and other approved alternatives shall be used to retain
and detain the increased and accelerated runoff and reduce pollutants
in runoff which the development generates. Water shall be released
from these areas at a rate equal to or less than the predevelopment
conditions of the storm event. Measures shall be taken to protect
the outfall area from erosion. Water quality volume shall be addressed
by any proposed post-development design.
G.
Retention/detention basins shall be designed to safely discharge
the peak discharge from the post-development one-hundred-year storm
frequency event through an emergency spillway in a manner which will
not damage the integrity of the basin or cause damage to adjoining
properties.
H.
Retention/detention basins shall be landscaped in accordance with
current engineering practices and in accordance with the New York
Standards and Specifications for Erosion and Sediment Control, year
of latest revisions.
I.
Retention/detention basin which may be used to collect sediment during
construction operations must have all sediment removed at any time
that it is at 60% of its original capacity. Upon completion of all
construction, any sediment in the basin must be removed and the basin
shall be reshaped to the design dimensions and stabilized. A maintenance
schedule must be provided that indicates how often the basin is to
be cleaned thereafter and who is responsible for cleaning it.
J.
Retention/detention basins which are designed with a dam shall incorporate
the following minimum standards:
(1)
The maximum water depth shall not exceed 10 feet unless approved
by waiver of the Town Board.
(2)
The minimum top width of dams shall be eight feet.
(3)
The side slopes of earthfill dams shall not be steeper than three
feet horizontal to one foot vertical on the downstream side of the
embankment.
(4)
Basins without restricted access shall have impoundment areas with
side slopes no greater than five feet horizontal on one-foot vertical.
(5)
A cutoff trench of impervious material shall be provided under all
dams.
(6)
All pipes and culverts through dams shall have properly spaced cutoff
collars or factory-welded antiseep collars.
(7)
A minimum of one foot freeboard, computed from the maximum water
surface elevation during the one-hundred-year storm event, shall be
provided in all basins.
(8)
The minimum floor elevation of all structures that would be affected
by a basin or other water impoundments or open conveyance systems
where ponding may occur shall be two feet above the one-hundred-year
water surface elevation.
K.
Runoff calculations for stormwater management facilities shall be
based upon the following methods:
(1)
SCS – TR-20 (latest revision) is the recommended and preferred
method for the study of watersheds with a drainage area greater than
100 acres. SCS – TR20 or SCS – TR-55 Tabular Hydrograph
Method (latest revision) may be used for the study of watersheds with
a drainage area greater than 200 acres.
(2)
SCS – TR-55 Graphical Peak Method (latest revision) may be
used in lieu of the Tabular Hydrograph Method for sizing conveyance
systems or checking peak flows only. It shall not be used for basin
routing or subarea routing as it does not provide an adequate hydrograph.
(3)
Other standard engineering models with approval of the Town Engineer.
(4)
Stormwater runoff shall be based on the following twenty-four-hour
storm events with a Type III distribution:
|
Storm Event
|
Inches of Rainfall
| |
|---|---|---|
|
1-year
|
2.9
| |
|
10-year
|
5.5
| |
|
100-year
|
8.0
| |
|
Source: SCS Technical Release 55 (Year of Latest Revision)
| ||
(5)
Use of other criteria, assumptions, references, calculation methods
and computer programs may be utilized, provided that detailed design
information and programming, with references, are submitted to and
found acceptable by the Town Engineer prior to submission of the SWPPP.
L.
The design plan and construction schedule shall incorporate measures
to minimize soil erosion and sedimentation.
M.
Consideration shall be given to the relationship of the subject property
to the drainage pattern of the watershed.
N.
Stormwater shall not be transferred from one watershed to another
unless one of the following shall apply:
(1)
The watersheds are sub-watersheds of a common watershed which join
together within the perimeter of the property.
(2)
The effect of the transfer does not alter the peak discharge onto
adjacent lands, watercourse or water bodies at any point.
(3)
Easements from the affected landowners are provided.
O.
Technical references. For the purpose of this local law, 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 law:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the Design Manual).
(2)
New York standards and specifications for erosion and sediment control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
P.
Technical standards.
(1)
For all swales and gutters, the Manning's roughness coefficient
"n" factors used to determine capacity and velocity shall be based
on accepted engineering practices.
(2)
Corrugated metal pipe will not be allowed to be used in any drainage
system or facility without the approval of the Town Superintendent
of Highways and the Town Engineer. If allowed, corrugated metal pipe
shall be fully asphalt coated with paved inverts and the "n" factor
shall be 0.022 for annular pipe and 0.017 for helical pipe.
(3)
The "n" factor for concrete pipe shall be 0.013.
(4)
The "n" factor for polyethylene pipe shall be 0.010 for smooth interior
pipe and 0.019 for corrugated interior pipe.
(5)
Manufacturer's specifications may be submitted to the Town Engineer
for acceptance if other types of pipes or sizes of pipes indicate
that another value of "n" should be used.
(6)
Catch basins shall be designed with a sump of 16 inches.
(7)
Catch basin inlet capacity shall be based on design data provided
by the manufacturer.
(8)
Any existing drainage structures within 200 feet of the subdivision/site
shall be included in the SWPPP. Structures that convey streams shall
be checked to determine if they have the capacity to carry the fifty-year
storm flows, and all other structures shall be checked for capacity
to carry the twenty-five-year storm flows.
(9)
A tabulation of flows through all drainage systems shall be submitted
with the plans.
(10)
Culvert design shall consider inlet/outlet control at each structure
or hydraulic losses shall be calculated through the system. These
calculations are to be submitted as part of the plans. At a minimum,
when pipe sizes change, the tops of the pipes shall match in elevation.
(11)
All culverts having diameters of 24 inches to 48 inches shall
have a removable inlet grating of five-eighths-inch diameter (minimum)
reinforcing bars spaced approximately six inches on center. All design
calculations are to reflect this inlet control condition.
Q.
Catch basins shall be located in the swale along open section roadways.
The calculated depth of flow in the swale shall not exceed 1/2 of
the total depth of the swale before placing a catch basin. The catch
basin shall be capable of accepting 100% of the flow in the swale,
Based on a twenty-five-year-return-frequency storm event. On closed
section roadways, catch basins shall be located along the curbline
and are not permitted along the curb radius at intersections. For
the purpose of catch basin placement, the depth of flow along the
curb and across intersections shall not exceed two inches.
R.
Manholes and catch basins shall not be spaced more than 300 feet
apart. Structures shall be placed at all points of changes in horizontal
or vertical direction.
S.
Stormwater collection systems shall have a minimum diameter of 15
inches and shall be designed to have a minimum velocity of two feet
per second. However, at the terminus of the system, the flow velocity
at the discharge point shall not exceed four feet per second prior
to the flow entering a natural watercourse, water body or adjacent
property.
T.
The maximum swale, gutter or curb velocity of stormwater runoff shall
be maintained at levels which result in a stable condition both during
and after construction. Swales shall be designed and stabilized in
accordance with New York Standards and Specifications for Erosion
Control, year of latest revision. Swales shall be designed to allow
for infiltration of stormwater runoff and removal of pollutants from
the runoff whenever possible. This can be accomplished by keeping
the swale at as flat a slope as possible, stabilizing the swale with
a water-tolerant erosion-resistant grass that will not be mowed close
to the ground, increasing the percolation ability of the swale by
tilling the soil before establishing vegetative cover and installing
check dams with riprap on the downstream side to prevent scouring.
U.
Drainage facilities not located within public rights-of-way shall
be located within easements.
V.
When plan applications are submitted in sections, each section shall
control stormwater runoff and sedimentation as though it were a separate
entity. If temporary facilities are required for construction of a
section, they shall meet all of the requirements of these regulations.
A construction or phasing schedule shall be submitted with each plan
and shall demonstrate the methods to be used to minimize stormwater
runoff and soil erosion and sedimentation.
W.
Stormwater management facilities shall not be constructed within
or discharge to NYSDEC-regulated wetland areas, wetland buffer areas
or water bodies unless either:
(1)
The appropriate permits from applicable regulatory agencies have
been obtained; or
(2)
A letter from said agencies has been obtained stating that a permit
is not required for the proposed work. Copies of the permits or letters
shall be submitted to the Town Planning Board for review by the Town
Engineer prior to the final approval of the plan.
X.
Individual lots, buildings and dwellings shall be provided with drainage
facilities to assure proper runoff from roofs, driveways, paved areas
and footing drains. Footing drains shall discharge to free-flowing
outlets. The installation of such facilities shall be in accordance
with these regulations and the Town of New Windsor Road Specifications
and are required prior to the issuance of a certificate of occupancy.
Y.
Any land development activity shall not cause an increase in turbidity
that will result in substantial visible contrast to natural conditions
in surface waters of the state of New York.
Z.
Stormwater discharges should be consistent with the thermal criteria
found in Part 704 of the Water Quality Regulations, Title 6, Chapter
X, New York State Codes, Rules and Regulations.
SWPPPs must demonstrate that the proposed development or activity
has been planned and designed and will be constructed and maintained
to meet each of the following standards:
A.
Ensure that after development, runoff from the site maintains the
rate of flow and quality of runoff that would have occurred following
the same rainfall under existing conditions.
B.
Maintain the existing hydraulic and characteristics of the watershed.
C.
Protect the quality of ground- and surface waters.
D.
Protect groundwater levels.
E.
Protect the beneficial functioning of wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation
of pollutants.
F.
Prevent increased flooding and damage that result from improper location,
construction and design of structures in areas which are presently
subject to an unacceptable danger of flooding.
G.
Minimize injury to flora and fauna and adverse impacts to fish and
wildlife habitat.
H.
Otherwise further the objectives of these regulations.
The applicant shall reserve easements or drainage rights-of-way
within the subdivision where stormwater or surface water drainage
facilities are existing or proposed, whether man-made or natural.
The easement shall conform as closely as possible to the lines of
such course and shall also meet the following criteria:
A.
Easements shall have a minimum width of 20 feet and shall be adequately
designed to provide area for the collection and discharge of water,
the maintenance and repair of the facility and the passage of equipment
for such work.
B.
In the case of streams or open channel drainage, the easement shall
encompass the one-hundred-year storm event or the flood of record,
plus one-foot freeboard above that elevation. Calculations acceptable
to the Town Engineer supporting those elevations shall be submitted
with the plans.
C.
When a proposed drainage system carries water onto adjacent lands
where no discharge point existed in the predeveloped condition, stormwater
will be returned to a sheet flow condition prior to exit from the
site or an easement must be obtained from the downstream property
owners(s).
D.
The plans shall clearly indicate who has the right of access and
the responsibility of maintenance for all facilities.
A.
It is the financial responsibility of the owner and subsequent landowners
to maintain the proposed stormwater management system as it was designed
and constructed. Good maintenance involves periodic cleaning and dredging
of pipes and basins and mowing and maintaining proper land cover.
A SWPPP cannot be approved by the Town Planning Board unless the applicant
can show that a financial mechanism will be established which ensures
that the owner and subsequent landowners have the financial ability
to maintain the stormwater management system. Should the owner propose
to transfer the ownership and management responsibility to a homeowners'
association, the subdivision covenants must indicate how the association
will bear the financial burden of maintain the stormwater management
facilities the Planning Board, at its discretion, may require that
a maintenance bond be posted to meet this obligation. The amount of
the bond shall be equal to the estimated cost of maintain the system
for a period of five years.
B.
The systems maintained by the owner or homeowners' association
shall have adequate easements to permit the Town Engineer to inspect
and, if necessary, to take corrective measures should the owner fail
to properly maintain the system. Before taking corrective action,
the Town Board shall give the owner written notice of the nature of
the existing defects. If the owner fails within 30 days from the date
of notice to commence corrective action or to appeal the matter to
the Zoning Board of Appeals, the Town Board may take necessary corrective
action, the cost of which shall become a lien on the real property
until paid.
C.
Improvements may become part of a drainage district with approval
by the Town Board in accordance with Town Law Articles 12 or 12-A.
A.
Improvements. The estimated costs of the following improvements,
where applicable, which are associated with the SWPPP are required
to be included in the amount of the performance security:
(1)
Storm drainage systems, including but not limited to catch basins,
manholes, pipes, swales, basins, infiltration systems.
(2)
Erosion and sediment control, including grading and stabilization.
(3)
As-built or record drawings.
(4)
Any other items which may be deemed to be required by the Town Engineer.
The applicant's engineer is to prepare the estimate and submit
it to the Town Engineer for review and recommendation to the Town
Board.
B.
Performance security. A performance security shall be delivered to
the Town Clerk to guarantee to the Town that the developer will faithfully
cause to be constructed and completed within a reasonable time as
determined by the Planning Board the required public improvements.
Before the Planning Board grants final approval of the subdivision
plat or site plan, the applicant shall follow the procedure set forth
below:
(1)
In an amount set by the Town Board, the applicant shall either file
with the Town Clerk a certified check to cover the full cost of the
required improvements or an adequate and acceptable security issued
by a bank or surety company approved by the Town Board to cover the
full cost of the required improvements, or any combination thereof.
Any such security shall comply with the requirements of § 277
of the Town Law and, further, shall be satisfactory to the Town Board
and the Town Attorney as to form, sufficiency, manner of execution
and surety. A period of three years shall be set forth in the document
of surety within which required improvements must be completed. However,
the term of such performance security may be required to be extended
and the amount of the security increased by the Town Board if improvements
are not completed within the original term of the security.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements have been accepted by the Town Engineer and any appropriate department head and as-built or record drawings satisfactory to the Town engineer have been submitted. If the applicant elects to provide a security or certified check for all required improvements as specified in Subsection B(1) above, such security shall not be released until such as-built plans are submitted. The Town shall release the security upon certification of the Town Engineer and the Town Attorney that all requirements of the security have been satisfied.
(3)
The applicant shall complete all required improvements or post the
required performance security, either or both to the satisfaction
of the Town Board, before any building permits shall be issued.
(4)
If the Planning Board shall decide at any time during the term of
performance that the extent of the building development that has taken
place is not sufficient to warrant all the improvements covered by
such performance security, or that required improvements have been
installed as provided in this section and by the Planning Board in
sufficient amount to warrant reduction in the face amount of said
security, or that the character and extent of such development required
additional improvements previously waived for a period stated at the
time of fixing the original terms of such security, the Town Board
may modify its requirements for any or all such improvements, and
the face value of such performance security shall thereupon be reduced
or increased by an appropriate amount so that the new face value will
cover the cost in full of the amended list of improvements required
by the Planning Board and any security deposited may be reduced or
increased proportionately.
A.
Any person planning a development as defined in these regulations,
unless exempted, shall submit a SWPPP to the Town Planning Board.
Developers and consultants are urged to discuss stormwater management
approaches for specific projects with the Planning Board prior to
submittal of preliminary plans.
B.
The application fee, in accordance with the Town's Schedule
of Fees[1] as adopted and amended by the Town Board of the Town of
New Windsor, is to be paid at the time the SWPPP or application for
waiver is submitted.
C.
Charges for technical review of the SWPPP charged against the escrow
review; all charges must be paid by the applicant prior to final approval
of the plan.
D.
Within 62 days after submission of the completed SWPPP, the Town
Planning Board shall approve, with or without specified conditions
or modifications, or reject the plan and notify the applicant accordingly.
The Town Engineer or designate shall provide a written evaluation
of the applicant's submission. If the Planning Board has not
rendered a decision within 62 days after completed plan submittal,
it shall inform the applicant of the status of the review process
and the anticipated completion date. If the plan is rejected or modified,
the Planning Board shall state the reasons.
E.
The SWPPP must meet all of the requirements as specified in these
regulations in order to be approved.
F.
The SWPPP will not be approved unless adequate provisions have been
made for inspection of the property before any development activity
begins. The applicant shall arrange with the Town Engineer for scheduling
the following inspections:
(1)
Initial inspection prior to approval of the SWPPP. (This inspection
is at the discretion of the Town Engineer.)
(2)
Construction inspection to be made during construction of underground
drainage structures and during construction of any basin dams.
(3)
As-built inspection to be made when all work has been completed.
Although inspections will be made by the Town Engineer or his designate,
it is the responsibility of the applicant to provide certification
to the Town, in writing, with the as-built plans, that all work has
been completed in accordance with these regulations. The applicant
will be notified, in writing, of any deficiencies noted at the site.
These items shall be promptly corrected by the applicant or the applicant
will be subject to the penalty provisions of these regulations.
G.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this local law. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or its representative shall be on site
at all times when construction or grading activity takes place and
shall document the effectiveness of all erosion and sediment control
practices. Inspection reports shall be completed every seven days.
More frequent inspections (two per week more than three days apart)
are required for sites which are approved to disturb greater than
five acres. The reports shall be delivered to the Stormwater Management
Officer and also copied to the site log book.
H.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
law shall be operated and maintained to achieve the goals of this
law. Proper operation and maintenance also includes as a minimum,
the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this law.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMP.
I.
Maintenance agreements. The Town of New Windsor shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this local law entitled Sample Stormwater Control
Facility Maintenance Agreement.[2] The Town of New Windsor, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this local law and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[2]
Editor's Note: The schedule is on file in the Town offices.
J.
Notice of violation. When the Town of New Windsor determines that
a land development activity is not being carried out in accordance
with the requirements of this local law, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address when available or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this local law and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall 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.
K.
Stop-work orders. The Town of New Windsor may issue a stop-work order
for violations of this law. 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 New Windsor
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this local law.
L.
Violations. Any land development activity that is commenced or is
conducted contrary to this local law may be restrained by injunction
or otherwise abated in a manner provided by law.
M.
Penalties. In additional to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this local
law shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense all of which were committed within a
period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this local law
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
N.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
local law, the Stormwater Management Officer may prevent the occupancy
of said building or land.
O.
Any violator may be required to restore land to a stabilized condition.
In the event that restoration is not undertaken within a reasonable
time after notice, the Town of New Windsor may take necessary corrective
action, and the violator and landowner, if different, shall be jointly
and severally liable for the cost of such corrective action. If the
cost of corrective action is not paid within 60 days from the date
upon which the corrective action is complete, the Town Board may,
at its sole discretion, charge the costs of corrective action, including
engineering and inspection costs, against the real property by adding
that charge to, and making it a part of, the next annual real property
tax assessment roll of the Town. Such charges shall be levied and
collected at the same time and in the same manner as Town-assessed
taxes and shall be paid to the Town Comptroller, to be applied in
reimbursing the fund from which the costs of corrective action were
made. Prior to charging such assessments, the owner of the real property
shall be provided written notice by certified mail, return receipt
requested, at the last known address of record, of an opportunity
to be heard and object before the Town Board to the proposed real
property assessment, at a date to be designated in the notice, which
shall be no less than 30 days after its mailing.
P.
Fees for services. The Town of New Windsor may require any person
undertaking land development activities regulated by this law to pay
reasonable costs at prevailing rates of SWPPPs, inspections, or SMP
maintenance performed by the Town of New Windsor or performed by a
third party for the Town of New Windsor.
The purpose of this law is to provide for the health, safety,
and general welfare of the citizens of the Town of New Windsor through
the regulation of nonstormwater discharges to the municipal separate
storm sewer system (MS4) to the maximum extent practicable as required
by federal and state law. This law establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES General Permit for Municipal Separate Storm
Sewer Systems. The objectives of this law are;
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
law and impose penalties and remedies for noncompliance; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this law, unless a different meaning is stated
in a definition applicable to only a portion of this law, the following
terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported,
disposed of or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; and/or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 249-18 of this law.
A facility serving one or more parcels of land or residential,
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring authorization under the SPDES permit
for discharges from industrial activities except construction, GP-98-03,
as amended or revised.
The Town of New Windsor.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or occupant of premises, or as the owner's or occupant's
agent.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water, which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcels of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their MS4 permit may have caused or
has the reasonable potential to cause or contribute to the violation
of an applicable water quality standard. Under this condition, the
municipality must take all necessary actions to ensure future discharges
do not cause or contribute to a violation of water quality standards.
303(d) listed waters. The condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy. The condition in the
municipality's MS4 permit where a TMDL, including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the MS4 discharges. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to
September 10, 2003, the municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition, the municipality
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the municipality must, within six months
of the TMDL's approval, modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Building Inspector, engineer, or other person designated
by the Board of Trustees to enforce this local law. The SMA may also
be designated by the municipality to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. 303(d) listed
waters are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
This law shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
The Stormwater Management Administrator(s) [SMA(s)] shall administer,
implement, and enforce the provisions of this law. Such powers granted
or duties imposed upon the authorized enforcement official may be
delegated in writing by the SMA as may be authorized by the Board
of Trustees.
The provisions of this law are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this law or the
application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this law.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) to (4) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this local law, unless the Department or the Town has determined
them to be substantial contributors of pollutants: waterline flushing
or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated
groundwater infiltration to storm drains, uncontaminated pumped groundwater,
foundation or footing drains, crawl space or basement sump pumps,
air-conditioning condensate, irrigation water, springs, water from
individual residential car washing, natural riparian habitat or wetland
flows, dechlorinated swimming pool discharges, residential street
wash water, water from firefighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be
made in accordance with an appropriate plan for reducing pollutants.
(2)
Discharges approved in writing by the SMA to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with applicable laws and requirements,
and further provided that such discharges may be permitted for a specified
time period and under such conditions as the SMA may deem appropriate
to protect such life and property while reasonably maintaining the
purpose and intent of this local law.
(3)
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a verbal notification to the
SMA prior to the time of the test.
(4)
The prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this local law if the
person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is one which has one or more of
the following conditions:
A.
The backup of sewage into a structure.
B.
Discharges of treated or untreated sewage onto the ground surface.
C.
A connection or connections to a separate stormwater sewer system.
D.
Liquid level in the septic tank above the outlet invert.
E.
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.
Contamination of off-site groundwater.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include prohibited discharges or connections and failing individual sewage treatment systems as defined in § 249-19, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions (as determined or approved by the SMA) to correct such activities
such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMA has identified illicit discharges as defined in § 249-14 or activities contaminating stormwater as defined in § 249-20, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial establishment
shall provide, at its own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs.
(2)
Any person responsible for a property or premises that is, or may be, the source of an illicit discharge as defined in § 249-14 or an activity contaminating stormwater as defined in § 249-20 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants to the MS4.
(3)
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section.
B.
Individual sewage treatment systems: response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 249-14 of this local law, the owner or operator of such individual sewage treatment systems shall be required to:
(1)
Maintain and operate individual sewage treatment systems as follows:
(a)
Inspect the septic tank annually to determine scum and sludge
accumulation. Septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee at the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee. Inspection of
the tank for cracks, leaks and blockages shall be done by the septage
hauler at the time of pumping of the tank contents;
(b)
Avoid the use of septic tank additives;
(c)
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemicals; and
(d)
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)
Repair or replace individual sewage treatment systems as follows:
(a)
In accordance with 10 NYCRR Appendix 75A to the maximum extent
practicable.
(b)
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system.
A.
The SMA may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4. The SMA shall notify the person of such suspension within a reasonable
time thereafter in writing of the reasons for the suspension. If the
violator fails to comply with a suspension order, issued in an emergency,
the SMA may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this law
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMA will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMA for a reconsideration
and hearing. Access may be granted by the SMA if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the SMA determines
in writing that the illicit discharge has not ceased or is likely
to recur. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section, without the
prior approval of the SMA.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing or
continuance of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the SMA
determines necessary to inspect to enforce any provision of this law,
or whenever the authorized enforcement agency has cause to believe
that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this law.
B.
Access to facilities.
(1)
The SMA shall be permitted to enter and inspect facilities subject
to regulation under the law as often as may be necessary to determine
compliance with this law if a discharger has security measures in
force which require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements
to allow access to the SMA.
(2)
Facility operators shall allow the SMA ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this law.
(3)
The municipality shall have the right to set up on any facility subject
to this law such devices as are necessary in the opinion of the SMA
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality has the right to require the facilities subject
to this law to install monitoring equipment as is reasonably necessary
(and subject to approval by the SMA) to determine compliance with
this law. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
Unreasonable delays in allowing the municipality access to a facility
subject to this law is a violation of this law. A person who is the
operator of a facility subject to this law commits an offense if the
person denies the municipality reasonable access to the facility for
the purpose of conducting any activity authorized, or required by
this law.
(6)
If the SMA has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this law,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this law or any order issued hereunder, then the SMA may seek issuance
of a search warrant of any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected, release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Town in person or by telephone or facsimile no later than the
next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Town within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.
Notice of violation. When the Town's SMA finds that a person
has violated a prohibition or failed to meet a requirement of this
chapter or failed to comply with a permit or approval condition related
to the subject matter of this chapter (all deemed a "violation" of
this chapter), he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(1)
The elimination of illicit connections or discharges;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property and the environment;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and/or civil monetary penalty; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property or the environment
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator, and, if unpaid, said amount may be assessed and levied
as a lien against the violator's premises and collected in the
same manner as a real property tax.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates this chapter shall be guilty of
a violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense; for conviction of a second offense both of which were committed
within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed
15 days, or both; and upon conviction for a third or subsequent offense
all of which were committed within a period of five years, punishable
by a fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. Each day's continued
violation shall constitute a separate additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates this chapter shall be liable to the Town for a civil penalty
in an amount not to exceed $350 for a first violation; in an amount
not less than $350 nor more than $700 for a second violation committed
within a period of five years of the first violation; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each day's continued violation shall constitute a separate additional
violation.
(b)
Civil penalties may be ordered in any action or proceeding by
any court of competent jurisdiction, including but not limited to
state and federal courts. All penalties shall be paid to the Town.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the SMA or the Board of Trustees may institute any appropriate action
or proceeding to prevent, restrain, enjoin, correct or abate any violation
or threatened violation or to enforce any provision of this chapter.
A.
Any person receiving a notice of violation may appeal the determination
of the SMA to the Board of Trustees within 15 days its issuance, which
shall hear the appeal within 30 days after the filing of the appeal,
and within five days of making its decision, file its decision in
the office of the Town Clerk and mail a copy of its decision by certified
mail to the appellant. Any person aggrieved by the decision of the
Board of Trustees may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules. Such proceeding
must be commenced within 30 days after the decision is filed in the
Town Clerk's office or shall be time-barred.
B.
The appeal of a notice of violation shall stay an order contained
in the notice of violation issued by the SMA, unless the SMA determines
in writing that a stay of the order, or portion thereof, causes undue
harm to a person, property, equipment, the environment or the Town's
storm sewer system. In such case, an appeal shall not stay the SMA's
order.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMA, then the SMA shall have authority
to request the owner's permission for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
B.
If refused access to the subject private property, the SMA may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMA may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property.
C.
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and may be collected in the same manner as set forth in § 249-26A(6).
It shall be a violation of this law for any person to violate
any provision or fail to comply with any of the requirements of this
law or fail to comply with a permit or approval condition related
to the subject matter of this law. If a person has violated or continues
to violate the provisions of this law, the SMA, may petition for a
preliminary or permanent injunction restraining the person from activities
which would create further, violations or compelling the person to
perform abatement or remediation of the violation.
A.
Where a person has violated a provision of this law, he/she may be
eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the Town Attorney and concurrence of the SMA, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this law is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this law are not exclusive of any other
remedies available under any applicable federal, state or local law
and it is within the discretion of the authorized enforcement agency
to seek cumulative remedies.
