[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of water-borne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
B.
The purpose of this article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in the watersheds within
the Village of Webster. Therefore, the Village of Webster establishes
this set of water quality and quantity policies to provide reasonable
guidance for the regulation of stormwater runoff and to, in addition
to the above, safeguard persons, protect property, prevent damage
to the environment in Village of Webster, and comply with the NYSDEC
State Pollutant Discharge Elimination System (SPDES) General Permit
for Stormwater Discharges from Municipal Separate Storm Sewer systems
(MS4s), for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff discharges
from land development projects and other construction activities in
order to control and minimize increases in stormwater runoff rates
and volumes, soil erosion, stream channel erosion, and nonpoint source
pollution associated with stormwater runoff is in the public interest
and will prevent threats to public health and safety.
As used in this article, the following terms shall have the
meanings indicated:
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 stormwater management permit.
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.
Individual(s) directed by the Village of Webster to conduct
site inspections and/or perform other municipal duties.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document issued by a bank, which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates that serve
as the official guide for stormwater management principles, methods
and practices.
A stormwater management measure located outside the subject
property boundary.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
As related to inspection of construction site erosion controls,
any person with an in depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
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 nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
An order issued which requires that all construction activity
on a site be stopped.
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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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."
A.
This article shall be applicable to land disturbance activities as defined in § 130-15 of this article and those activities meeting Condition "A," "B," "C" or "D" below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 130-22 as applicable unless eligible for an exemption or granted a waiver by the Village of Webster in accordance with § 130-20 of this article:
(1)
Condition A: stormwater runoff from land disturbance activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum daily
load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land disturbance activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land disturbance activity disturbing
between 25,000 square feet 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.
(4)
Condition D: stormwater runoff from land disturbance activities that
are smaller than 25,000 square feet disturbance if such activities
are part of a larger common plan of development, even though multiple
separate and distinct land disturbance activities may take place at
different times on different schedules.
B.
All plans, documents and information required by this article must
be reviewed by the Village of Webster to ensure that established water
quality standards will be maintained during and after development
of the site and that postconstruction runoff levels are consistent
with any local and regional watershed plans.
C.
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 130-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by Village of Webster. This applies to all redevelopment projects that are greater than or equal to 25,000 square feet.
D.
The following activities may be exempt from the requirements of this
article:
(1)
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed necessary by
Village of Webster.
A.
This article is not intended to interfere with, abrogate, or annul
any other local law, rule or regulation, stature, or other provision
of law. The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other local law, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance may also require
additional compliance measures detailed in other regulations and/or
local laws.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Village of Webster Board has the
authority to enact laws for the purpose of promoting the health, safety,
or general welfare of the Village of Webster, including the protection
and preservation of the property of its inhabitants. By the same authority,
Village of Webster Board may include in any such law provisions for
the appointment of any municipal employees to effectuate and administer
such law.
A.
No person(s) shall receive any of the building, grading or other
land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Village of Webster.
B.
Unless specifically excluded by this article, any landowner or operator
desiring approval or a permit for a land disturbance activity shall
comply with all applicable provisions of this article and shall submit
all required plans, documentation and information as required under
this article to the Village of Webster for review and approval.
C.
Unless otherwise accepted by this article, the following items shall
be submitted prior to the issuance of a permit or site plan approval:
E.
The SWPPP and all other documents required by this article must be
reviewed by the Village of Webster to ensure that established water
quality standards will be maintained after development of the site
and that postconstruction runoff levels are consistent with any local
and regional watershed plans. Information shall be submitted as a
single, logical package, with all information bound together.
F.
The application process will be reviewed as follows. Two copies will
be submitted to the Building Department and eight copies to the Zoning
Board of Appeals.[1]
[1]
Editor's Note: Local Law No. 3-2020, adopted 11-12-2020, abolished
the existing Planning Board and Zoning Board of Appeals and created
a new Zoning Board of Appeals. Pursuant to this local law, the reference
to "Planning Board" in this subsection was changed to "Zoning Board
of Appeals."
A.
All person(s) shall comply with the requirements of this article,
unless a written request is filed to waive the requirements in part
or whole for land disturbance activities that disturb less than one
acre of land. Requests to waive any requirements of this article shall
be submitted to the Village of Webster for approval.
B.
The minimum requirements for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development is not likely
to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater pollution prevention
plan that has been approved by the Village of Webster and the implementation
of the plan is required by local law. These practices are encouraged
in order to minimize the reliance on structural practices. Credit
in the form of reductions in the amount of stormwater that must be
managed can be earned through the use of nonstructural practices that
reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual, Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is
equal to or greater than that which would be afforded by on-site practices
and there is a legally obligated entity responsible for long-term
operation and maintenance of the stormwater practice.
(4)
The Village of Webster finds that meeting the minimum on-site management
requirements is not feasible due to the natural or existing physical
characteristics of a site.
C.
In instances where one of the conditions above applies, the Village
of Webster may grant a waiver from strict compliance with these stormwater
management provisions, as long as acceptable mitigation measures are
provided. However, to be eligible for a variance, the applicant must
demonstrate to the satisfaction of the Village of Webster that the
variance will not result in the following impacts to downstream waterways:
D.
Furthermore, where compliance with minimum requirements for stormwater
management is waived, the applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Village
of Webster. Mitigation measures may include, but are not limited to,
the following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (dedication or easement of land, see § 130-21B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
(2)
The creation of a stormwater management facility or other drainage
improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and
constructed in accordance with the purposes and standards of this
article;
E.
No waivers or mitigation plans will be considered for land disturbance
activity that disturbs one acre or greater of land.
A.
Fee in lieu-of. Where the Village of Webster waives all or part of
the minimum stormwater management requirements, or where the waiver
is based on the provision of adequate stormwater facilities provided
downstream of the proposed development, the applicant shall be required
to pay a fee in an amount as determined by the Village of Webster.
All monetary contributions shall be made to a dedicated fund for stormwater
management activities. The fee structure shall be based on the cubic
feet of storage required for stormwater management of the development
in question. All of the monetary contributions shall be made by the
applicant prior to the issuance of any permit or approval for the
development.
B.
Dedication or easement of land. In lieu of a monetary contribution,
an applicant may obtain a waiver of the required stormwater management
by entering into an agreement with the Village of Webster for the
granting of an easement or the dedication of land by the applicant,
to be used for the construction of an off-site stormwater management
facility. The agreement shall be entered into by the applicant and
the Village of Webster prior to the recording of plats or, if no record
plat is required, prior to the issuance of the permit.
A.
The applicant shall consult the Village of Webster Design Criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article. If there is a conflict between any of the standards, the more stringent standard shall apply. 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 this section (§ 130-22) and § 130-23 of this article and the SWPPP shall be prepared by a licensed/certified professional.
B.
The following design and performance criteria shall be addressed
for stormwater management at all sites:
(1)
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed,
the impact of the proposal on wetland functional values shall be assessed
using a method acceptable to the Village of Webster. In no case shall
the impact on functional values be any greater than that allowed by
the Army Corp of Engineers (COE) or the NYSDEC responsible for natural
resources.
(3)
An attempt shall be made to maintain annual groundwater recharge
rates, by promoting infiltration through the use of structural and
nonstructural methods. At a minimum, an attempt shall be made for
annual recharge from the post development site to mimic the annual
recharge from predevelopment site conditions.
(4)
In order to protect stream channels from degradation, a specific
channel protection criteria shall be provided as prescribed in the
Village of Webster Design Criteria and/or the New York State Stormwater
Management Design Manual.
(5)
Stormwater discharges to critical areas with sensitive resources
may be subject to additional performance criteria, or may need to
utilize or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots," may require the use of specific
structural stormwater treatment practices and pollution prevention
practices.
(7)
Prior to design, applicants are required to consult with the Village
of Webster to determine if they are subject to additional stormwater
design requirements.
(8)
The calculations for determining peak flows (WQv) as found in the
New York State Stormwater Management Design Manual shall be used for
sizing all stormwater management practices.
A.
A SWPPP is required as part of the compliance with this article.
This plan must be prepared by a qualified professional and must indicate
whether stormwater will be managed on site or off site and, if on
site, the general location and type of practices and shall also include
sufficient information (e.g., maps, hydrologic calculations, etc.)
to evaluate the environmental characteristics of the project site,
the potential impacts of all proposed development of the site, both
present and future, on the water resources, and the effectiveness
and acceptability of the measures proposed for managing stormwater
generated at the project site. The plan must be signed by a New York
State licensed professional engineer (PE), who will verify that the
design of all stormwater management practices meet the submittal requirements
outlined in the New York State Stormwater Management Design Manual.
No building or grading permit or site plan approval shall be issued
until a satisfactory stormwater pollution prevention plan, or a waiver
thereof, has undergone a review and been approved by the Village of
Webster after determining that the plan or waiver is consistent with
the requirements of this article.
B.
The applicant shall employ a responsible individual as defined in § 130-15 of this article who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Village of Webster within five days after the month's end.
C.
All SWPPPs shall provide the following information:
(2)
Description of each postconstruction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
The map(s) will also clearly show proposed land use with tabulation
of the percentage of surface area to be adapted to various uses. A
written description of the site plan and justification of proposed
changes in natural conditions may also be required;
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms,
including calculations such as a description of the design storm frequency,
intensity and duration; time of concentration; soil curve numbers
or runoff coefficients; peak runoff rates and total runoff volumes
for each watershed area; infiltration rates, where applicable; culvert
capacities; flow velocities; data on the increase in rate and volume
of runoff for the design storms referenced in the New York State Stormwater
Management Design Manual, and documentation of sources for all computation
methods and field test results;
(5)
Comparison of postdevelopment stormwater runoff conditions with predevelopment
conditions;
(6)
Dimensions, material specifications and installation details for
each postconstruction stormwater management practice;
(7)
The design and planning of all stormwater management facilities shall
include detailed maintenance and repair procedures, including a schedule
to ensure their continued function. These plans will identify the
parts or components of a stormwater management facility that need
to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness
of the maintenance program and the need for revisions or additional
maintenance procedures shall be included in the plan;
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 130-24 of this article for additional information;
(9)
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 130-24 of this article for additional information;
(10)
The SWPPP shall be prepared by a qualified professional and
the final plan must be signed by a New York State licensed professional
engineer, who shall certify that the design of all stormwater management
practices meet the requirements in this article;
(11)
A written or graphic inventory of the natural resources at the
site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to
the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands, and other native
vegetative areas on the site. Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development;
(12)
The Village of Webster may also require a concept plan to consider
the maximum development potential of a site under existing zoning,
regardless of whether the applicant presently intends to develop the
site to its maximum potential;
(13)
The applicant must present a detailed plan for management of
vegetation at the site after construction is finished, including who
will be responsible for the maintenance of vegetation at the site
and what practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be prepared by a registered landscape
architect or by the soil and water conservation district and in compliance
with landscaping specifications outlined in the New York State Stormwater
Management Design Manual;
(14)
The applicant shall assure that all other applicable environmental
permits have been acquired for the site prior to approval of the final
stormwater design plan.
A.
Maintenance easement. The applicant or owner of the site must execute
a maintenance easement agreement that shall be binding on all subsequent
owners of land served by the stormwater management facility. The agreement
shall provide for access to the facility at reasonable times for periodic
inspection by the Village of Webster, or their contractor or agent,
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article and to if necessary implement emergency repairs to protect
the health, safety and welfare of the public. The easement dimensions
shall be as directed by the Village of Webster and the easement agreement
shall be recorded in the office of the County Clerk, with a copy provided
to the Village of Webster.
B.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes
as a minimum, the following:
(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 article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
C.
Maintenance agreements.
(1)
The maintenance and proper operation of all privately owned stormwater
management facilities, including nonstructural practices, shall be
ensured through the creation of a formal and enforceable maintenance
agreement that must be approved by the Village of Webster and recorded
in the office of the County Clerk as a deed restriction on the property
prior to final plan approval. This agreement will include any and
all maintenance easements required to access and inspect the stormwater
management practices, and will outline the procedures and schedule
to be followed to perform routine maintenance as necessary to ensure
proper functioning of the stormwater management practice. In addition,
the legally binding agreement shall identify the parties responsible
for the proper maintenance of all stormwater treatment practices and
include plans for periodic inspections by the owners, or their designated
agent, to ensure proper performance of the facility. The maintenance
agreement shall be consistent with the terms and conditions of the
stormwater control facility maintenance agreement.
(2)
The Village of Webster, in lieu of a maintenance agreement, may accept
dedication of any existing or future stormwater management facility
for maintenance, provided such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
D.
Requirements of maintenance agreements. All stormwater management
facilities must undergo, at the minimum, an annual inspection to document
maintenance and repair needs to ensure compliance with the requirements
of this article and accomplishment of its purposes. These needs may
include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation. Any maintenance needs
found must be identified, in writing, along with the schedule and
methods to be employed to complete the maintenance. The maintenance
repairs and restoration schedule are to be approved by the Village
of Webster prior to commencing the work and the Village of Webster
shall inspect the facility upon completion of the work. The inspection
and maintenance requirement may be increased by the Village of Webster
as deemed necessary to ensure proper functioning of the stormwater
management facility.
E.
Records of installation and maintenance activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least five years. These
records shall be made available to the Village of Webster during inspection
of the facility and at other reasonable times upon request.
F.
Maintenance guarantees for privately owned stormwater facilities.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the applicant or by a corporation
that owns or manages a commercial or industrial facility, the applicant,
prior to construction, may be required to provide the Village of Webster
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 control facilities both during and after construction,
and until the Village of Webster acknowledges compliance with all
details of approved site plan. If the applicant or landowner fails
to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Village of Webster may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, until the Village of Webster
acknowledges compliance with all details of approved site plan.
G.
Performance bond/security. The Village of Webster may, at its discretion,
require the submittal of a performance security or bond prior to approval
in order to insure that the stormwater practices are installed as
required by the approved stormwater pollution prevention plan. The
amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved by the Village of Webster, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the stormwater pollution prevention plan. The installation performance
security shall be released in full only upon submission of as-built
plans and written certification by a New York State licensed professional
engineer that the stormwater practice has been installed in accordance
with the approved plan and other applicable provisions of this article.
The Village of Webster will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro-rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Village of
Webster.
A.
The Village of Webster or designated agent shall make inspections
at any reasonable time for purposes of inspecting the construction
of the stormwater management facilities. Inspections may include but
are not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
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 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 under 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 stormwater management practices.
The applicant must notify the Village of Webster in advance before
the commencement of construction. If any violations are found, the
property owner shall be notified of the nature of the violation and
the required corrective actions. No added work shall proceed until
any violations are corrected and all work previously completed has
received approval by the Village of Webster.
B.
Furthermore, when any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system, or combined sewer,
the property owner shall grant to the Village of Webster the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection. This includes the right to enter a
property when it has a reasonable basis to believe that a violation
of this article is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this article.
All applicants are required to submit actual as-built plans
for any stormwater management practices 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 New York State licensed professional engineer. A final inspection
by the Village of Webster is required before the release of any performance
securities can occur.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the certified as-built plans.
Any postconstruction alterations to the landscape shall receive prior
approval from the Village of Webster. Temporary landscape alterations,
such as those associated with utility excavations and landscaping
activities must be restored to conditions that are consistent with
the certified as-built plans.
A.
Failure to maintain practices. If a responsible party fails or refuses
to meet the requirements of the maintenance agreement, the Village
of Webster, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event
that the stormwater management facility becomes a danger to public
safety or public health, the Village of Webster shall notify the party
responsible for maintenance of the stormwater management facility
in writing. Upon receipt of that notice, the responsible person shall
have two days to affect maintenance and repair of the facility in
an approved manner. After proper notice, the Village of Webster may
assess the owner(s) of the facility for the cost of repair work and
any penalties; and the cost of the work shall be a lien on the property,
or prorated against the beneficial users of the property, and may
be placed on the tax bill and collected as ordinary taxes by the Village.
B.
Violations. Any development activity that is commenced or is conducted
contrary to this article may be restrained by injunction or otherwise
abated in a manner provided by law.
C.
Notice of violation. When the Village of Webster determines that
an activity is not being carried out in accordance with the requirements
of this article, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant;
(2)
The 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 development
activity into compliance with this article and a time schedule for
the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
D.
Stop-work orders. Persons receiving a notice of violation will be
required to halt all construction and/or maintenance activities. This
stop-work order will be in effect until the Village of Webster confirms,
in writing, that the activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this article.
E.
Civil and criminal penalties. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of this article shall be punished by a fine of not
less than $250 or by imprisonment for a period not to exceed 30 days,
or by both such fine and imprisonment. Such person shall be guilty
of a separate offense for each day during which the violation occurs
or continues.
F.
Holds on occupation permits. Occupation permits may not be granted
until corrections to all stormwater management practices have been
made and accepted by the Village of Webster.
