[HISTORY: Adopted by the Town Board of the Town of Riverhead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2007 by L.L. No. 44-2007 (Ch. 110 of the 1976
Code)]
It has been determined that:
A.Â
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.Â
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Lack of or improper design and/or construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the state;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
I.Â
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of nonpoint source pollution, erosion and sedimentation from development.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meanings as set forth in this section:
The activity of an active farm, including grazing and watering
livestock, the raising, shearing, feeding and management of animals,
irrigating crops, harvesting crops, using land for growing agricultural
products, including but not limited to fruits, vegetables, eggs, dairy
products, meat and meat 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.
[Amended 12-16-2008 by L.L. No. 49-2008]
A property owner or agent of a property owner who has filed
an application for a land development or redevelopment 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.
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 person who undertakes land development activities.
Environmental Protection Agency.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill 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, etc.).
The process of percolating stormwater into the subsoil.
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 or redevelopment 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 person currently licensed to practice engineering in New
York State (PE) or a Certified Professional in Erosion and Sediment
Control (CPESC), or a Certified Professional in Stormwater Quality
(CPSWQ).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, dry wells
or any other component of a stormwater system) that is:
Owned or operated by the Town or another municipal entity;
Designed or used for collecting and/or conveying and/or storing
and/or infiltrating and/or managing stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
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.
New York State Department of Environmental Conservation.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
The Planning Board of the Town of Riverhead.
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 or redevelopment activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
The activity related to the establishment, growth, composition
and quality of forest vegetation.
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 and/or NYSDEC
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; or surface runoff and/or subsurface drainage due
to rain, snow, or other precipitation or a combination thereof.
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.
The Town Engineer of the Town of Riverhead (or the person
serving in the capacity of the Town Engineer) or designee or his/her
authorized deputies, agents or representatives, including employees
of other Town departments as appropriate. The SMO is designated by
the Town to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices.
[Amended 12-16-2008 by L.L. No. 49-2008]
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.
SWPPPs formalize the design of stormwater management measures
for each site. The SWPPP has two parts: an erosion and sediment control
plan and a post-construction stormwater control plan. The erosion
and sediment control plan, required for all regulated construction
activities, lays out the nature, placement and capacity of runoff
control measures to be used during construction. Where permanent measures
are necessary to manage stormwater runoff after construction is completed,
a post-construction stormwater control plan is also required, setting
forth engineering details, construction schedules and responsibility
for ongoing operation and maintenance of permanent stormwater management
measures.
Flow on the surface of the ground resulting from precipitation.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water (see
also "watercourse," "waterway").
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.
The Town of Riverhead.
The Town Engineer of the Town of Riverhead, or his/her authorized
deputies, agents, or representatives.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water
(see also "stream channel," "waterway").
A channel that directs surface runoff to a watercourse or
to the public storm drain (see also "stream channel," "watercourse").
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."
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 within the Town and to address the findings of fact in § 275-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5 of New York State's
SPDES General Permit for Stormwater Discharges from Municipal Separate
Storm Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or
revised;
B.Â
Require land development and redevelopment 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-02-01, or as amended
or revised;
C.Â
Minimize increases in stormwater runoff from land development and
redevelopment activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity
of stream channels, watercourses, and waterways;
D.Â
Minimize increases in nonpoint source pollution caused by stormwater
runoff from land development and redevelopment activities which would
otherwise degrade local water quality;
E.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development and redevelopment
to the maximum extent practicable; and
F.Â
Utilize stormwater management practices to achieve the objectives
outlined above, and ensure that these practices are properly maintained
and eliminate threats to public safety.
A.Â
This article shall be applicable to all land development and redevelopment activities as defined in § 275-2 of this article.
B.Â
The Town shall designate a Stormwater Management Officer (SMO) who
shall accept and review all stormwater pollution prevention plans
(SWPPPs) and forward such plans to the Town Board or the Town Planning
Board, as applicable. The Stormwater Management Officer may:
(1)Â
Review the SWPPP;
(2)Â
Upon approval by the Town Board of the Town of Riverhead, engage
the services of a licensed/certified professional to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)Â
Accept the certification of a licensed professional that the plans
conform to the requirements of this article and all other relevant
and applicable requirements.
C.Â
Notwithstanding the mechanism of review chosen, the SMO shall have
the authority under this article to inspect the progress of land development
and redevelopment activities subject to the provisions of this article
with regard to conformance with the approved SWPPP. Should the project
be found to be in noncompliance with the approved SWPPP, the SMO shall
have the authority to halt construction activities until corrective
measures are taken to bring the project into compliance.
D.Â
All land development or redevelopment activities subject to review
and approval by the Planning Board of the Town of Riverhead under
subdivision, site plan and/or special permit regulations shall be
reviewed subject to the standards contained in this article.
The following activities are exempt from review under this article:
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
C.Â
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.
D.Â
Repairs to any stormwater management practice or facility receiving
the written approval of the Stormwater Management Officer.
E.Â
Any part of a subdivision if a plat for the subdivision has been
approved by the Town on or before the effective date of this article.
F.Â
Land development or redevelopment activities for which a building
permit has been approved on or before the effective date of this article.
G.Â
Cemetery graves.
H.Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.Â
Emergency activity immediately necessary to protect life, property
or natural resources.
J.Â
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.Â
Landscaping and horticultural activities in connection with an existing
structure.
A.Â
Stormwater pollution prevention plan requirement. No application
for approval of a land development or redevelopment activity shall
receive final approval until the Stormwater Management Officer (SMO)
has received, reviewed, and accepted a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
article.
[Amended 11-18-2014 by L.L. No. 22-2014]
B.Â
Contents of stormwater pollution prevention plans.
(1)Â
All SWPPPs shall provide, at a minimum, the following:
(a)Â
Background information about the scope of the project, including
location, type and size of project;
(b)Â
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show:
[1]Â
The total site area;
[2]Â
All improvements;
[3]Â
Areas of disturbance;
[4]Â
Areas that will not be disturbed;
[5]Â
Existing vegetation;
[6]Â
On-site and adjacent off-site surface water(s);
[7]Â
Wetlands and drainage patterns that could be affected by the
construction activity;
[8]Â
Existing and final slopes;
[9]Â
Locations of off-site material, waste, borrow or equipment storage
areas and location(s) of the stormwater discharge(s);
[10]Â
The site map should be at a scale no smaller than one inch equals
100 feet;
(c)Â
Description(s) of the United States Department of Agriculture
National Resources Conservation Service soil type(s) present at the
site, and a plan showing the boundaries between soil types on the
site, if applicable. These boundaries may be included on the site
plan, if clearly labeled;
(d)Â
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 said disturbance phasing is shown
and described on an approved SWPPP;
(e)Â
Descriptions, physical locations, and construction details 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;
(f)Â
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. Proposed locations and approximate
quantities of stockpiles of these materials shall also be delineated
on the SWPPP;
(g)Â
Descriptions, physical locations, and construction details 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 clearing and grubbing
to project closeout;
(h)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)Â
Descriptions, locations, and details of temporary practices
that will be converted to permanent control measures;
(k)Â
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;
(l)Â
Maintenance schedule to ensure continuous and effective operation
of all temporary and permanent erosion and sediment control practices;
(m)Â
Name(s) of the receiving water(s) and location/proximity to
the project site;
(n)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)Â
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)Â
Any existing data that describes the stormwater runoff at the
site.
(2)Â
Land development or redevelopment activities as defined in § 275-2 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)Â
Condition A: stormwater runoff from land development or redevelopment
activities discharging a pollutant of concern to either an impaired
water identified on the Department's most current 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.
(b)Â
Condition B: stormwater runoff from land development or redevelopment
activities disturbing five or more acres.
(c)Â
Condition C: stormwater runoff from land development or redevelopment
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)Â
SWPPP requirements for Conditions A, B and C:
(b)Â
Description of each post-construction stormwater management
practice;
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)Â
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)Â
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)Â
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
(i)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 275-9 of this article; and
(j)Â
For Condition A, the SWPPP shall be prepared by a registered
landscape architect (RLA), certified professional in stormwater quality
(CPSWQ), certified professional in erosion and sediment control (CPESC),
or a professional engineer (PE) and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meets the requirements in this article and all
other applicable and relevant requirements.
C.Â
Other environmental permits. The applicant shall ensure that all
other applicable environmental permits have been or will be acquired
for the land development or redevelopment activity prior to approval
of the final SWPPP.
D.Â
Contractor certification.
(1)Â
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development or redevelopment
activity: "I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the stormwater pollution
prevention plan. I also understand that it is unlawful for any person
to cause or contribute to a violation of water quality standards."
(2)Â
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.
(3)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.Â
A copy of the SWPPP shall be retained at the site of the land development
or redevelopment activity during construction from the date of initiation
of construction activities to the date of final stabilization.
All land development or redevelopment activities shall be subject
to the following performance and design criteria:
A.Â
Technical standards. For the purpose of this article, 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 article:
(1)Â
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)Â
New York State Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2005, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.Â
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A of this section, and the SWPPP shall be prepared by a licensed professional.
C.Â
Water quality standards. Any land development or redevelopment 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.
A.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development or redevelopment
activity or his or her representative 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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)Â
For land development or redevelopment activities as defined in § 275-2 of this article and meeting Condition A, B or C in § 275-6B(2) of this article, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook. The site shall be subject to random inspections by the SMO or his/her representative, in order to ensure that the requirements of the approved SWPPP and/or this article are being satisfied.
(3)Â
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and report/document any and all malfunctions of erosion
and sediment control and pollution prevention practices.
B.Â
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town to
ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article. The easement shall be recorded by the grantor in the office
of the Suffolk County Clerk after approval by the Counsel for the
Town.
C.Â
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)Â
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)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
D.Â
Maintenance agreements. The Town shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the office of the Suffolk 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 article entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
A.Â
Erosion and sediment control inspection.
(1)Â
The Town's SMO may require such inspections as deemed necessary to
determine compliance with this article and may either approve that
portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this article and the
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following actions are
taken on any planned phase of the project:
(a)Â
Installation of sediment and erosion control measures prior
to commencement of construction activities;
(b)Â
Completion of site clearing;
(c)Â
Completion of rough grading;
(d)Â
Completion of final grading;
(e)Â
Close of the construction season;
(f)Â
Completion of final landscaping;
(g)Â
Successful establishment of landscaping in public areas.
(2)Â
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the SMO.
B.Â
Stormwater management practice inspections. The SMO is responsible
for conducting inspections of stormwater management practices (SMPs).
Inspections may be performed by Town staff or the Town's SMO may designate
a certified/licensed professional to act as the inspector. The designated
inspector is required to submit copies of the weekly/storm event inspection
reports to the SMO.
C.Â
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
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 associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the NYSDEC SPDES
General Permit 02-02; 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 stormwater
facilities; and evaluating the condition of stormwater facilities
and stormwater management practices.
D.Â
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this article as is necessary to determine
compliance with this article. All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plans must show the
final construction layout for all stormwater management facilities.
The plans must also clearly display any alterations made to the original
approved construction details, sections, and/or plan layout. The as-built
plans must be certified by a professional engineer.
E.Â
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the MS4, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
A.Â
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town in its approval
of the stormwater pollution prevention plan, the Town may require
the applicant or developer to provide, prior to construction, a performance
bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion
of the project and names the Town as the beneficiary. The security
shall be in an amount to be determined by the Town based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Town. Per-annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released
from liability.
B.Â
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town 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 facilities are removed from operation. If the developer or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.Â
Recordkeeping. The Town may require entities subject to this article
to maintain records demonstrating compliance with this article.
A.Â
Notice of violation. When the Town determines that a land development
or redevelopment activity is not being carried out in accordance with
the requirements of this article, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring the land
development or redevelopment activity into compliance with this article
and a time schedule for the completion of such remedial action;
(5)Â
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)Â
A statement that the determination of violation may be appealed to
the Town by filing a written notice of appeal within 15 days of service
of notice of violation.
B.Â
Stop-work orders. The SMO may issue a stop-work order for violations
of this article. Persons receiving a stop-work order shall be required
to halt all land development or redevelopment activities, except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the SMO confirms that
the land development or redevelopment 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.Â
Violations. Any land development or redevelopment 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.
D.Â
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 guilty of a violation punishable by a fine not exceeding
$1,000 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 $1,000 nor more than $2,500 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 $2,500
nor more than $5,000 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 article
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional violation.
To the extent that § 268 of the New York State Town Law
limits the fine schedule for a violation of any local law, ordinance
or regulation to 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, § 268 of
the New York State Town Law is superseded, nunc pro tunc, for the
protection and enhancement of the Town's physical and visual environment
and for the protection, order, conduct, safety, health and well-being
of persons or property therein, pursuant to the Town's powers under
§ 10, Subdivision 1(ii)a(3)(11) and (12), of the Municipal
Home Rule Law, as well as Article 9, § 2(b)(3), and Article
9, § 3(c)(10), of the New York State Constitution.
[Amended 12-16-2008 by L.L. No. 50-2008]
E.Â
Appeal of notice of violation. Any person receiving a notice of violation
may appeal within 15 calendar days of its issuance. The SMO shall
hear the appeal within 30 days after the filing of the appeal and,
within five days of making his/her decision, issue a decision by certified
mail to the discharger. The SMO may conduct the hearing and take evidence
or may designate any officer or employee of the Town to do so.
F.Â
Corrective measures after appeal.
(1)Â
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 SMO, then the SMO
shall 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.
(2)Â
If refused access to the subject private property, the SMO 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 SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the property owner.
G.Â
Injunctive relief. 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 SMO 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.
H.Â
Withholding of certificate of occupancy. If any building or land
development or redevelopment activity is installed or conducted in
violation of this article, the SMO may prevent the occupancy of said
building or land.
I.Â
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town may take
necessary corrective action, the cost of which shall become a lien
upon the property until paid.
[Amended 12-30-2008 by L.L. No. 53-2008; 11-7-2012 by L.L. No.
31-2012]
The Town shall require any person or entity undertaking land
development or redevelopment activities regulated by this article
to pay reasonable costs at prevailing rates for review of stormwater
pollution prevention plans (SWPPPs) and inspections, or stormwater
management practice (SMPs) performed by the Town or performed by a
third party at the direction of the Town.
A.Â
The following fees shall be required in connection with the submission
of a stormwater pollution prevention plan (SWPPP):
(2)Â
Review and inspection fees:
(4)Â
In the event subsequent SWPPP review and/or subsequent site inspection is required, the Town shall defray the cost of such expense from replenishment of the escrow account as addressed in Subsection B below.
(6)Â
The Town shall provide an accounting of costs and expenses incurred
by the Town and/or Town consultants on an annual basis. The Town shall
also provide a final accounting at such time that the Town deems the
project complete.
B.Â
Escrow accounts.
(2)Â
Withdrawals from said escrow account may be made from time to time
to reimburse the Town for the cost of its Town personnel, including
but not limited to legal consultation, review and consideration, and/or
consultant's professional review and inspection services actually
incurred at prevailing rates of pay for such Town personnel or consultant's
services. Whenever the balance in such escrow account is reduced to
1/4 of its initial amount, the Town shall so notify the applicant;
thereafter, the applicant shall deposit additional funds into such
account so as to restore its balance to 1/2 of the initial deposit.
If such account is not replenished for such additional deposit, the
reviewing and/or inspecting party may suspend the review of the application
or inspection of the construction until such time that the above-stated
conditions are met.
(3)Â
After all pertinent review and inspection fees with respect to the
particular application for which the account was established have
been paid, the Town shall refund to the applicant the balance of any
funds then remaining on deposit in the escrow account, without interest,
as established by this section.
[Adopted 12-18-2007 by L.L. No. 45-2007 (Ch. 109, Art. I,
of the 1976 Code)]
The purpose of this article is to provide for the health, safety
and general welfare of the residents of the Town of Riverhead through
the regulation of connections to the Town's municipal separate storm
sewer system (MS4) and the regulation of nonstormwater discharges
to the MS4 to the maximum extent practicable as required by federal
and state law. This article establishes methods for controlling the
introduction of pollutants into the MS4 in order to comply with requirements
of the New York State Department of Environmental Conservation's (NYSDEC)
State Pollutant Discharge Elimination System (SPDES) General Permit
(GP-02-02) for Municipal Separate Storm Sewer Systems. The objectives
of this article are:
A.Â
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.Â
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.Â
To prohibit unauthorized and illicit connections, activities and
discharges to the MS4;
D.Â
To establish legal authority to implement all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.Â
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 article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
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 subsequent amendments thereto.
Code of the Town of Riverhead, New York.
An authorization for connection as well as a discharge permitted under § 275-24 of this article, as well as a discharge authorized under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the SMO. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
Activities requiring authorization under a NYSDEC SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-01, as
amended or revised, or activities covered by erosion and sediment
control or pollution prevention plan laws, ordinances or regulations
of the Town. These activities include construction projects resulting
in land disturbance equal to or greater than the area stipulated in
statutes or regulations of the state, county or the Town, whichever
is most restrictive. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating, and demolition.
The County of Suffolk.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 275-17A of this article) from properties occupied by private dwellings.
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.
Any action or condition, active or passive, that results
in nonstormwater discharges entering the Town's MS4.
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;
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 building or structure floor drain or trench drain; and
Any unauthorized connection as defined elsewhere in this section.
Any discharge through an unauthorized connection, and any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 275-17 of this article.
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 the SPDES Permit for Discharges From
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
New York State licensed professional engineer or licensed
architect.
Municipal separate storm sewer system owned by the Town or
another municipal entity.
A county, town, village or other unit of government.
A conveyance or system of conveyances and retention and infiltration
facilities (including roads with drainage systems, curbs and gutters
on municipal streets, manholes, catch basins, ditches, man-made channels,
or storm drains, stormwater basins, drainage reserve areas, dry wells
or any other component of a stormwater system) that is:
Owned or operated by the Town or another municipal entity;
Designed or used for collecting and/or conveying and/or storing
and/or infiltrating and/or managing stormwater; and
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW)
as defined at 40 CFR 122.2.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The New York State Department of Environmental Conservation.
Office of the Town Engineer of the Town of Riverhead.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, dredged spoil, filter backwash,
solid waste, incinerator residue, treated or untreated sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, hazardous 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. Also, paints, varnishes, and solvents; oil and other
automotive fluids; hazardous or nonhazardous liquid and solid wastes;
yard wastes, including branches, grass clippings and leaves; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects
and accumulations so that same may cause or contribute to pollution;
and discharges of soaps, detergents, or floatables; pesticides, herbicides,
and fertilizers; sewage, fecal coliforms and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from constructing a building, structure or site improvements; cement,
gravel, sand, silt, mud, other soils 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.
Discharge compliance with water quality standards: the condition
that applies where an MS4 has been notified that the discharge of
stormwater authorized under their MS4 SPDES 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
MS4 must take all necessary actions to ensure future discharges do
not cause or contribute to a violation of water quality standards.
Federal Clean Water Act § 303(d)-listed waters: the
condition in an MS4 SPDES permit that applies where the MS4 discharges
to a NYSDEC 303(d)-listed water. Under this condition, the MS4's 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 an
MS4 SPDES 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 MS4 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 an 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 MS4 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 MS4 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.
An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater (per § 275-17 of this article) from all properties occupied by other than private dwellings.
The State of New York.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Rainwater; or surface runoff and/or subsurface drainage due
to rain, snow, or other precipitation or a combination thereof.
The Town Engineer of the Town of Riverhead (or the person
serving in the capacity of the Town Engineer) or his/her authorized
deputies, agents or representatives, including employees of other
Town departments, as appropriate.
SWPPPs formalize the design of stormwater management measures
for each site. The SWPPP has two parts: an erosion and sediment control
plan and a post-construction stormwater control plan. The erosion
and sediment control plan, required for all regulated construction
activities, lays out the nature, placement and capacity of runoff
control measures to be used during construction. Where permanent measures
are necessary to manage stormwater runoff after construction is completed,
a post-construction stormwater control plan is also required, setting
forth engineering details, construction schedules and responsibility
for ongoing operation and maintenance of permanent stormwater management
measures.
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 NYSDEC
as required by § 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.
Total maximum daily load.
The maximum amount of a pollutant allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The Town of Riverhead.
The Town Engineer of the Town of Riverhead, or his/her authorized
deputies, agents, or representatives.
A permanent or temporary unapproved direct or indirect conveyance
to the Town's MS4. Any connection, pipe, hose, swale, or other conveyance
underground or above ground that is not documented on plans, maps,
or equivalent records approved by the Town Engineer or other jurisdictionally
appropriate agency, or that is not approved by a permit issued by
the Town Engineer or other jurisdictionally appropriate agency, is
considered unauthorized, regardless of whether the discharge is otherwise
allowed by this article.
Free of pollutants or containing pollutants within acceptable
limits as defined by the governing regulatory code. (See definition
of "pollutant.")
Water that is not stormwater, and that is adversely affected
in quality by anthropogenic influence. This includes but is not limited
to discharges resulting from residential, commercial, industrial,
and agricultural water usage.
This article shall apply to discharged connections to the Town's
MS4. This includes activities that result in discharge, seepage or
deposition into the Town's MS4, and all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency and allowed by a discharge or
connection permit or other document approved by the jurisdictionally
appropriate agency. This article shall also apply to discharges and
connections entering via another MS4 that is tributary to the Town's
MS4.
The Town Engineer of the Town of Riverhead, or duly authorized
deputies, agents or representatives, is designated as the Stormwater
Management Officer (SMO). The Town Engineer, duly authorized deputies,
agents or representatives or employees of other Riverhead Town departments,
as appropriate, shall administer, implement, and enforce the provisions
of this article.
A.Â
Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the Town's MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illicit (illegal) discharge to the MS4 is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this article, unless they are subsequently determined to be substantial
contributors of pollutants: waterline flushing or other potable water
sources, uncontaminated landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains, uncontaminated crawl space or basement sump pump
discharges, air-conditioning condensate, uncontaminated 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)Â
Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws,
codes and requirements, and further provided that such discharges
may be permitted for a specified time period and under such conditions
as the SMO may deem appropriate to protect such life and property
while reasonably maintaining the purpose and intent of this article.
(3)Â
Dye testing in compliance with applicable state and local laws or
codes is an allowable discharge, but requires a written notification
to the SMO prior to the time of the test.
B.Â
The prohibition shall not apply to any discharge permitted under
a SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the NYSDEC, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws, codes and regulations,
and provided that written approval has been granted for any discharge
to the MS4 by the SMO.
A.Â
Connections to the Town's MS4 without a permit are prohibited.
(1)Â
Any connection to the Town's MS4 is considered to be an unauthorized
connection unless it has been approved by a permit issued by the SMO
or documented on a plan or map that has been approved by the SMO.
This constraint applies to all connections, permanent or temporary,
regardless of whether the discharge is otherwise permitted by this
article.
(2)Â
The construction, use, maintenance or continued existence of unauthorized
connections to the Town's MS4 is prohibited.
(3)Â
This prohibition expressly includes, without limitation, connections
made in the past, regardless of whether the connection was permissible
under law, code or practices applicable or prevailing at the time
of connection.
(4)Â
A person is considered to be in violation if a connection is made
from his/her property to the Town's MS4 that is not authorized, or
allows such a connection to continue.
(5)Â
The connection of interior floor, trench, or roof drains to the MS4
at the entrances to buildings or other structures is prohibited.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the Town's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
A.Â
The backup of sewage into a structure.
B.Â
Discharges of treated or untreated sewage onto the ground surface.
C.Â
A connection or connections to the Town's MS4.
D.Â
Liquid level in the septic tank above the outlet invert.
E.Â
Structural failure of any components of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.Â
Contamination of off-site groundwater.
A.Â
Activities that are subject to the requirements of this article are
those types of activities that:
(1)Â
Cause or contribute to a violation of the Town's MS4 SPDES permit.
(2)Â
Cause or contribute to the Town being subject to the special conditions as defined in § 275-14 of this article.
(3)Â
Cause or contribute to the Town's MS4 receiving pollutants as defined in § 275-14 of this article.
(4)Â
Cause or contribute to the Town's MS4 receiving discharges from an
undocumented or unauthorized connection (whether permanent or temporary).
B.Â
Such activities include failing individual sewage treatment systems as defined in § 275-19 of this article, improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization.
C.Â
Upon notification to a person that he or she is engaging or has engaged
in activities that cause or contribute to violations of the Town's
MS4 SPDES permit authorization or cause or contribute to pollutants
being discharged to the Town's MS4, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the Town's MS4 SPDES permit authorization
or causes or contributes to pollutants to be discharged or deposited
into the Town's MS4.
A.Â
Best management practices. Where the SMO has identified illicit discharges as defined in § 275-14 of this article or activities contaminating stormwater as defined in § 275-20 of this article, the SMO may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)Â
The owner or operator of a commercial or industrial establishment
shall provide, at his or her own expense, reasonable protection from
accidental discharge of prohibited materials, pollutants or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)Â
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 275-14 of this article or an activity contaminating stormwater as defined in § 275-20 of this article, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)Â
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 in compliance
with the provisions of this section.
B.Â
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 Town's MS4 being subject to the special conditions as defined in § 275-14 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)Â
Maintain and operate individual sewage treatment systems as follows:
(a)Â
Have the septic tank professionally inspected annually to determine
scum and sludge accumulation. A copy of the inspection report(s) shall
be submitted to the SMO for review and determination of appropriate
maintenance or remediation actions to be performed. These actions
include, at a minimum:
[1]Â
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 or the top of the sludge is within 10 inches of the bottom of
the outlet baffle or sanitary tee;
(b)Â
Avoid the use of septic tank additives;
(c)Â
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes and household chemicals into the septic system;
and
(d)Â
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items into the septic system.
(2)Â
Repair or replace individual sewage treatment systems as follows:
(a)Â
In accordance with 10 NYCRR, Appendix 75-A, to the maximum extent
practicable.
(b)Â
A design professional licensed and qualified to practice in
New York State shall prepare design plans for any type of absorption
field that involves:
(c)Â
A written certificate of compliance shall be submitted by the
design professional to the SMO at the completion of construction of
the repair or replacement system.
A.Â
The SMO 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 SMO 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 SMO may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or to minimize hazardous conditions
which may adversely affect the health, safety, welfare, and property
of residents of the Town.
B.Â
Suspension due to the detection of illicit discharge or unauthorized
connection. Any person discharging to the Town's MS4 in violation
of this article may have his or her MS4 access terminated if such
termination would abate or reduce an illicit discharge or result in
the remedy of an unauthorized connection. The SMO will notify a violator
in writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the SMO for a reconsideration
and hearing. Access may be granted by the SMO if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence, or that the discharger has obtained proper
permission for the connection. Access may be denied if the SMO determines
in writing that the illicit discharge has not ceased or is likely
to recur or the unauthorized connection has not been sufficiently
remedied. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section without the
prior approval of the SMO.
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 SMO prior to the allowing of discharges
to the MS4.
A.Â
General. Any connection to the Town's MS4 requires a permit issued
by the SMO. Applications for permits shall be made on forms provided
by the SMO. Permit applications shall be supplemented by any plans,
specifications, analyses, calculations or other information considered
pertinent by the SMO. The Town considers connection to its MS4 as
a last resort to solve flooding problems. Before approving a connection,
the Town will require that applicants use on-site best management
practices to detain and remediate stormwater and other authorized
nonstormwater discharges to the maximum extent practicable. The SMO
will assess the adequacy of the applicant's on-site stormwater management
practices.
B.Â
Permit types.
(1)Â
General permit. An authorization for the connection as well as the discharge of stormwater or authorized nonstormwater discharge (per § 275-17A of this article) from properties occupied by private dwellings.
(2)Â
Connection permit. An authorization for connection as well as discharge authorized under § 275-24 of this article, as well as for a discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the NYSDEC. This permit is subject to special terms and conditions by the Town Engineer. The permit will expire on or before the expiration of the NYSDEC SPDES permit, waiver or order or upon change of ownership or use of the property.
C.Â
Permit fees. The following fee schedule:
D.Â
Inspection. All connections to the Town's MS4 shall be subject to
the approval and inspection by the SMO and/or other appropriate agency
as deemed necessary by the SMO. The applicant must notify the SMO
at least 48 hours prior to commencing work and at least 48 hours prior
to final restoration so that the inspection can be scheduled.
E.Â
Indemnification. The property owner shall indemnify and save the
Town harmless from any loss, damage or expense, claims or suits arising
out of and in conjunction with the installation and connection to
the Town's MS4. In addition, the Town makes no guarantee that its
MS4 will not become surcharged or otherwise overburdened and that
water from the MS4 will not back up through the connection onto the
owner's property. By making a connection, the applicant/owner assumes
all of the risk and liability that may arise from it.
F.Â
Permit transfers. General permits may be transferred with the sale
of a residential property, provided the use does not change. The new
property owner shall comply with the terms and conditions of the transferred
permit. Special permits are not transferable without approval of the
SMO.
G.Â
Work within public roads. Any connection made within or involving
work within a public road will also comply and be subject to any and
all applicable codes and regulations pertaining to permits for work
on and within public streets and roads. A permit under this article
does not relieve the applicant from the permits under the foregoing
codes and regulations.
H.Â
Other permits required. A connection permit issued pursuant to this
article does not relieve the applicant from any and all other permits,
permissions, or compliance with rules and regulations that may be
required by federal, state, county, Town, and village government agencies
or other public or private parties. This permit does not supersede
any of the above.
I.Â
Permit rules and regulations. The SMO may promulgate rules and regulations
for the permitting process within the constraints of this article.
A.Â
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this article, or whenever
the authorized enforcement agency has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
that constitutes a violation of this article.
B.Â
Access to facilities.
(1)Â
The SMO shall be permitted to enter and inspect facilities, public
and private, subject to regulation under this article as often as
may be necessary to determine compliance with this article. If a discharger
has security measures in force that require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the SMO.
(2)Â
Facility operators shall allow the SMO 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 article.
(3)Â
The Town shall have the right to set up on any facility subject to
this article such devices as are necessary in the opinion of the Town
Engineer to conduct monitoring and/or sampling of the facility's stormwater
or nonstormwater discharge.
(4)Â
The Town Engineer has the right to require the facilities subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. 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 and nonstormwater flow and
quality shall be calibrated to ensure their accuracy.
(5)Â
Unreasonable delays in allowing the Town access to a facility subject
to this article are a violation of this article. A person who is the
operator of a facility subject to this article commits an offense
if the person denies the Town reasonable access to the facility for
the purpose of conducting any activity authorized or required by this
article.
(6)Â
If the SMO has been refused access to any part of the premises from
which there exists a nonpermitted stormwater or nonstormwater discharge
to the MS4, and he/she is able to demonstrate probable cause to believe
that there may be a violation of this article, 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 article or
any order issued hereunder, then the SMO may seek issuance of a search
warrant from 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 illicit discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the recovery, 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 SMO 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 SMO 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 by the owner for at least three years.
A.Â
Notice of violation.
(1)Â
When the SMO finds that a person has violated a prohibition or failed
to meet a requirement of this article or a permit issued pursuant
to this article, he/she may order compliance by written notice of
violation to the responsible person. Such notice may require, without
limitation, any or all of the actions listed below:
(a)Â
The elimination of illicit or unauthorized connections or discharges;
(b)Â
That violating discharges, practices, operations, activities,
or connections shall cease and desist;
(c)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration and/or remediation of any affected property;
(d)Â
The performance of monitoring, analyses, and reporting by a
qualified professional;
(e)Â
Payment of a fine; and
(f)Â
The implementation of source control or treatment BMPs.
(2)Â
If abatement of a violation and/or restoration of affected property
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.
B.Â
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 guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed two 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 $1,000 nor more than $2,500 or imprisonment
for a period not to exceed two 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 $2,500
nor more than $5,000 or imprisonment for a period not to exceed two
months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article
shall be deemed misdemeanors, and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
day's continued violation shall constitute a separate additional violation.
To the extent that § 268 of the New York State Town Law
limits the fine schedule for a violation of any local law, ordinance
or regulation to 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, § 268 of
the New York State Town Law is superseded, nunc pro tunc, for the
protection and enhancement of the Town's physical and visual environment
and for the protection, order, conduct, safety, health and well-being
of persons or property therein, pursuant to the Town's powers under
§ 10, Subdivision 1(ii)a(3)(11) and (12), of the Municipal
Home Rule Law, as well as Article 9, § 2(b)(3), and Article
9, § 3(c)(10), of the New York State Constitution.
[Amended 12-16-2008 by L.L. No. 48-2008]
Any person receiving a notice of violation may appeal within
15 calendar days of its issuance. The SMO shall hear the appeal within
30 days after the filing of the appeal and, within five days of making
his/her decision, issue a decision by certified mail to the discharger.
The SMO may conduct the hearing and take evidence or may designate
any officer or employee of the Town to do so.
A.Â
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 SMO, then the SMO
shall 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.Â
If refused access to the subject private property, the SMO 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 SMO may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the property owner.
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 SMO 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 local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
In the event that a discharge or connection constitutes a violation
that is the responsibility of multiple MS4s, the violator may be subject
to enforcement pursuant to any/all of the responsible MS4s' illicit
discharge code or other relevant rules and regulations.