A.
Land disturbance activities 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 waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches and the dredging of waterways.
In addition, clearing and/or grading during construction tends to
increase soil erosion and causes the loss of native vegetation necessary
for terrestrial and aquatic habitat, and to provide a healthy living
environment for citizens of the Village of Hilton. Improper design
and construction of stormwater management practices can increase the
velocity of stormwater runoff, thereby increasing stream bank erosion
and sedimentation. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow. Regulation of land disturbance activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
B.
As a result, the purpose of this article is to safeguard public health,
protect property, prevent damage to the environment and promote the
public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of
earth on land in the Village of Hilton. It seeks to meet those purposes
by achieving the following objectives:
(1)
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-02-02, or as amended or revised;
(2)
Require land disturbance 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, or as amended or revised;
(3)
Minimize increases in stormwater runoff from land disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land disturbance activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
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.
As used in this chapter, 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 land disturbance activity or stormwater management
permit.
Employees or designees of the Village of Hilton.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
Activities subject to SPDES construction permits. Currently,
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Village of Hilton to conduct
site inspections and/or perform other municipal duties.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
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 substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 215-7 of this article and any stormwater discharges to the sanitary sewer except as permitted by the Village of Hilton.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including, but not limited to, any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater and wash water to
enter the storm drain system and any connection 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
a government agency;
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the Village of Hilton;
or
Any stormwater discharge to a sanitary sewer unless approved
by the Village of Hilton.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired by-product waste resulting from any process
of industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
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 one or more acres, or activities disturbing less than one acre
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 New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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.
Any individual, association, organization, partnership, firm,
corporation or any other entity recognized by law and acting as either
the owner or the owner's agent.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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 ground
waters 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.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a 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.
A sewer, which transports sewage and to which storm, surface
and ground waters are not intentionally admitted.
Measures that prevent eroded sediment from leaving the site.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface and stormwater as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
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.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their municipal separate storm sewer
(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 Village of Hilton 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 Village of Hilton's
MS4 permit that applies where the Village 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
Village of Hilton'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 Village discharges. If the
discharge from the Village did not meet the TMDL stormwater allocation
prior to September 10, 2003, the Village 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 Village of Hilton's MS4 permit that
applies if a TMDL is approved in the future by EPA for any water body
or watershed into which the Village discharges. Under this condition,
the Village of Hilton must review the applicable TMDL to see if it
includes requirements for control of stormwater discharges. If the
Village is not meeting the TMDL stormwater allocations, the Village
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.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342 (b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
An order issued which requires that all construction activity
on a site be stopped.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (i.e., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities and describes the
best management practices and activities to be implemented by a person
to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to stormwater,
stormwater conveyance systems and/or receiving waters to the maximum
extent practicable.
The 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.
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.
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
of Environmental Conservation 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.
Village of Hilton.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
Waters of the United States as defined at 40 CFR 122.2.
Surface watercourse and water bodies as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
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."
This article shall be applicable to all land disturbance activities that will disturb one or more acres of land unless exempted under § 215-7B of this chapter. The article also applies to land disturbance activities of less than one acre if such activities are part of a larger common plan of development or sale that will disturb one or more acres, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the applicant of the
obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES General Permit for Construction Activities if required.
For projects also applying for coverage under the NYSDEC SPDES General
Permit for Stormwater Discharges from Construction Activity, the applicant
shall submit a copy of the stormwater pollution prevention plan (SWPPP),
a notice of intent (NOI) with a certification statement including
the date demonstrating submission to the NYSDEC, a letter of permission
from the NYSDEC granting approval to disturb five acres or greater
of land at one time (if applicable) and any related documents to the
Village of Hilton Superintendent of Public Works for review and approval.
B.
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 federal, state, or local ordinance,
rule or regulation, or other provision of law, the provisions that
are more restrictive or impose more stringent requirements shall take
precedence.
C.
Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations, ordinances, designations and/or local laws, including, but not limited to, Article III, Design and Management of Postconstruction Stormwater Pollution Prevention Measures.
In accordance with Article 2, § 10 of the Municipal
Home Rule Law of the State of New York, the Village of Hilton Board
of Trustees has the authority to enact laws for the purpose of promoting
the health, safety, or general welfare of the Village, including the
protection and preservation of the property of its inhabitants. By
the same authority, the Board of Trustees may include in any such
law provisions for the appointment of any municipal employees to effectuate
and administer such law.
A.
The Village requires the use of technical standards for erosion and
sediment controls. These are detailed in the Village Development Regulations
and the New York State Department of Environmental Conservation's
Standards and Specifications for Erosion and Sediment Control. For
the design of water quality and water quantity controls (postconstruction
stormwater runoff control practices), the NYSDEC's technical
standards are detailed in the New York State Stormwater Management
Design Manual.
B.
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards, and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit for land
disturbance activity which would require the disturbance of one or
more acres of land shall also include with a submission a SWPPP that
shall be reviewed and approved by the Village prior to issuance of
the final site plan approval or a permit.
(2)
No applicant shall be granted site plan approval or a permit which
would require the disturbance of one or more acres of land without
the review and approval of a SWPPP by the Village.
(3)
Furthermore, prior to the issuance of a permit or site plan approval all projects that would result in the disturbance of one or more acres of land will be required to comply with all applicable provisions of Article III, Design and Management of Postconstruction Stormwater Pollution Prevention Measures. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Article III, Design and Management of Postconstruction Stormwater Pollution Prevention Measures, have been met to the satisfaction of the Village of Hilton.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 215-17.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 215-9 of this article.
(6)
Each application shall include a statement that any land clearing,
construction, or development involving the movement of land shall
be in accordance with the submitted SWPPP.
B.
Exemptions from article. The following activities are exempt from
review under this article:
(1)
Any emergency activity immediately necessary for the protection of
public health, 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
the Village.
The Village may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Village prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of a performance bond, cash escrow, or letter of credit from an appropriate financial or surety institution which names the Village as the beneficiary. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 215-11 of this chapter. At its discretion, the Village may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Village shall designate a Stormwater Management Officer, who
shall accept and review all SWPPPs and forward such plans to the applicable
municipal board. A consultant cannot be appointed as a Stormwater
Management Officer. The Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Village Board of Trustees, engage the services
of a New York State licensed professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept the certification of a licensed/certified professional that
the plans conform to the requirements of this article.
B.
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Village and submitted to the Stormwater Management Officer designated by the Village for review by the Hilton Planning Board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 215-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Village of Hilton Development Regulations and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Village.
C.
The requirements to have a SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New York State
licensed professional engineer (PE) are not applicable to land disturbance
activities that meet technical standards and are five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development, or an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
D.
Minimum requirements. All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project and contact information that includes
the name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number
of the subject property or properties.
(2)
Site map/construction drawing(s) for the project, including a general
location map and a one-inch-equals-one-hundred-feet topographic base
map of the site which extends a minimum of 100 feet beyond the limits
of the proposed development. At a minimum, the site map should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s) including receiving waters (name of the
water), streams, ponds, culverts, ditches, and wetlands, as well as
drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of utilities, roads, soils types,
forest cover, and significant natural and man-made features not otherwise
shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete clean-out basin(s) and construction
entrance; and location(s) of the stormwater discharge(s); and resources
protected under other chapters of this code or by easements.
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation, final grading and landscaping,
and any other activity at the site that results in soil disturbance.
Sequencing shall identify the expected date on which clearing will
begin and the estimated duration of exposure of cleared areas. Consistent
with the New York State Standards and Specifications for Erosion and
Sediment Control, not more than five acres shall be disturbed at any
one time unless pursuant to an approved SWPPP and a letter of permission
from the NYSDEC.
(5)
A description of the pollution prevention measures that will be used
to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on-site with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(6)
A description of the 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 disturbance
to project closeout, including who will be responsible for the maintenance
and implementation of said features at the site and what practices
will be employed to ensure that adequate vegetative cover is established
and preserved. For temporary and permanent vegetative control measures,
the seeding mixtures and rates, types of sod, method of seedbed preparation,
depth of topsoil, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching shall be
provided.
(7)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice.
(8)
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins and
provide the dimensions, material specifications and installation details
for each throughout all phases of construction and completion of development
of the site. Depending upon the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
(9)
Identification of all temporary practices that will be converted
to permanent control measures.
(10)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place.
(11)
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
(12)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
(13)
Any existing data that describes the stormwater runoff at the
site.
(14)
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Village
of Hilton.
(15)
Assurance that the applicant or their "responsible individual"
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices.
(16)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land disturbance activity at the
site: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards." The certification must include the
name and title of the person providing the signature, address and
telephone number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
The certification statement must be included in the SWPPP.
E.
Modifications to the plan after approval.
(1)
All amendments of the SWPPP shall be submitted to the Village and
shall be approved or disapproved.
(a)
The applicant shall amend the SWPPP whenever:
[1]
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP;
[2]
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this article. Amendments to the SWPPP may be reviewed by the Village.
A copy of the newly amended SWPPP must be provided to the Village
within five business days; or
[3]
Site development has not commenced within 18 months from SWPPP
approval.
(b)
Additionally, the SWPPP shall be amended to identify any new
contractor or subcontractor that will implement any measure of the
SWPPP. The Village may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(2)
Field modifications of a minor nature may be authorized in writing
by the Village and/or its designated agent to the applicant.
A.
Inspections.
(1)
The Village and/or its designated agent as defined in § 215-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Village reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or their agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Village at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been installed and
stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the owner of the
obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(3)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further earthwork shall be conducted on the
site, except for site stabilization until the violations are corrected
and approved by the Village.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a "responsible individual" as defined in § 215-2 of this article who will oversee the implementation of the SWPPP on a daily basis. The responsible individual shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. 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 the Village within five days after the month's end.
(2)
The requirement to employ a qualified professional to inspect and
document the effectiveness of all erosion and sediment control practices
is not applicable to land disturbance activities five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development or on an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d) impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
A.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all
stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%. The land disturbance 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.
(2)
At the end of the construction season when soil disturbance activities
will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly site inspections
to monthly inspections. In order to reduce inspection frequencies,
the applicant must complete stabilization activities before proper
installation is precluded by snow cover or frozen ground. If vegetation
is used as a stabilization method, seeding, planting, and/or sodding
must be scheduled to avoid fall frosts and to allow for proper germination/establishment.
Installations and maintenance must be done according to the New York
State Standards and Specifications for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following project closeout
requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide elevation
as-builts to the Village;
(3)
Establish perennial vegetative cover to a density of 80% over 100%
of the site;
(4)
Removal of all debris and temporary erosion and sediment control
practices;
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 215-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(6)
Complete any other measure deemed appropriate and necessary by the
Village to stabilize the project site.
A.
Notice of violation. When the Village 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.
B.
Stop-work order. The Village may issue a stop-work order for violations
of this article. Persons receiving a stop-work order shall be required
to halt all land disturbance activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Village of Hilton confirms that
the land disturbance 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 article.
C.
Violation and penalties. Failure to comply with any provision or
requirement of this article or violation of any statement, plan, application,
permit or certification approved under the provisions of this article,
shall be considered a violation punishable by a fine and/or imprisonment,
as provided for in § 10(4)(b) of the Municipal Home Rule
Law of the State of New York. Each day on which any violation of any
of the provisions of this article occurs shall constitute one offense
and each successive day of violation shall constitute a separate and
distinct offense. Any person who violates the provisions of the article
shall be subject to a fine not exceeding $350 or imprisonment for
a period not to exceed 15 days, or both for conviction of a first
offense; a second violation of this article committed within a period
of five years is punishable by a fine not less than $350 nor more
than $700 or imprisonment for a period not to exceed 30 days, or both;
and a third or subsequent violation of this article within a period
of five years is punishable by a fine not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed 30 days, or
both.
D.
Withholding of certificate of occupancy. Occupation permits may not
be granted until corrections to all stormwater management practices
have been made and accepted by the Village.
A.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, the municipal authority, its
representatives and/or employees may enter upon the subject private
property with the consent of the owner or with a valid search and/or
seizure warrant, and are authorized to take any and all measures necessary
to abate the violation and/or restore the property.
B.
Cost. Within 10 days after abatement of the violation, the owner
of the property will be notified of the cost of abatement, including
administrative costs. If the amount due is not paid within a timely
manner, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provision of this
article shall become liable to the Village of Hilton by reason of
such violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village of Hilton 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.
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 article 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 article are not exclusive of any
other remedies available under any applicable federal, state or article
and it is within the discretion of the Village to seek cumulative
remedies.
A review fee shall be paid by any applicant or its agent whenever
the services of the Village Engineer or other professional are required
to review sketches, plats or plans submitted for Village approval.
The applicant shall also reimburse the Village for all reasonable
and necessary engineering, administrative, and legal expenses incurred
by the Village in connection with the review, inspection, and consideration
of a stormwater pollution prevention plan.
