[HISTORY: Adopted by the Town Board of the Town of Elma 4-15-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated below:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, cutting timber for sale, but shall not include
the operation of a dude ranch or similar operation, or the construction
of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
A person who undertakes land development activities.
The New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004), most current version or its successor, 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, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System (SPDES) permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or construction activity disturbing
less than one acre of total land area that is part of a larger common
plan of development or sale disturbing one acre or more in the aggregate,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A landscape architect or professional engineer licensed to
practice his or her profession in New York State.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The 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.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An officer or employee designated by the Town Board to accept
and review stormwater pollution prevention plans (SWPPPs), forward
the plans to such employee, officer, or board of the Town of Elma
which is reviewing an application for a construction activity requiring
submission of a SWPPP, and inspect stormwater management practices.
The overlay district created by the Town of Elma by local
law[1] and consisting of all urbanized areas within the jurisdiction
of the Town of Elma, as identified by the United States Census Bureau
TIGER data, 2,000 Census, in two maps, attached hereto, entitled the
"Buffalo, NY Urbanized Area Stormwater Entities as Defined by the
2,000 Census," dated October 21, 2002, as amended or revised.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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 permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Findings. It is hereby determined that:
(1)
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;
(2)
Such stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
(3)
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
(4)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
(6)
Substantial economic losses can result from these adverse impacts
on the waters of the Town;
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
(8)
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; and
(9)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
B.
Purpose. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 120-2A. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures four and five of the SPDES
General Permit for Stormwater Discharges from Municipal Separate Storm
Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
(2)
Require land development activities to conform to the substantive
requirements of the SPDES General Permit for Stormwater Discharges
from Construction Activity, Permit No. GP-02-01, or as amended or
revised;
(3)
Minimize increases in stormwater runoff from land development 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 development 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 ensure that these management practices are properly
maintained and eliminate threats to public safety.
A.
Applicability. This chapter shall be applicable to all land development
activities within the Stormwater Management District.
B.
Stormwater Management District. The Stormwater Management District
consists of all urbanized areas within the jurisdiction of the Town
of Elma, as identified by the United States Census Bureau TIGER data,
2000 Census, in two maps, attached hereto, entitled the "Buffalo,
NY Urbanized Area Stormwater Entities as Defined by the 2000 Census,"
dated October 21, 2002, as amended or revised. Such maps and any amendments
or revisions thereto are hereby declared to be a part of this chapter
and shall be filed at the Elma Town Hall.
C.
Exemptions. The following activities shall be exempt from review
under this chapter:
(1)
Agricultural activity;
(2)
Silvicultural activity except that landing areas and log haul roads
are subject to review under this chapter;
(3)
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;
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the SMO;
(5)
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Elma on or before the effective date of this
chapter;
(6)
Land development activities for which a building permit has been
approved on or before the effective date of this chapter;
(7)
Cemetery graves;
(8)
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles;
(9)
Emergency activity immediately necessary to protect life, property
or natural resources;
(10)
Activities of an individual engaging in home gardening by growing
flowers, vegetables or other plants primarily for use by that person
and his or her family; and
(11)
Landscaping and horticultural activities in connection with
an existing structure.
D.
Conflict. Where the conditions imposed by any provisions of this
chapter are either more restrictive or less restrictive than comparable
conditions imposed by any other applicable law, ordinance, resolution,
rule or regulation of any kind, the regulations which are more restrictive
and impose higher standards or requirements shall govern.
E.
Responsibility for administration. The SMO shall administer, implement,
and enforce the provisions of this chapter. Such powers granted or
duties imposed upon the SMO may be delegated, in writing, by the SMO
as may be authorized by the Town.
The procedures applicable to all land development activities
subject to review under this chapter are as follows:
A.
The Town of Elma shall designate an SMO who shall accept and review
all SWPPPs. The SMO may:
(1)
Review the SWPPPs;
(2)
Upon approval by the Town Board, engage the services of a registered
professional engineer to review the SWPPPs, specifications and related
documents at a cost not to exceed a fee schedule established by the
Town Board; or
(3)
Accept the certification of a licensed professional that the SWPPPs
comply with the requirements of this chapter.
B.
For all land development activities subject to review and approval
by the Building Inspector, Planning Board, or Town Board of the Town
of Elma under floodplain development permit, site plan, or subdivision
regulations, the applicant or developer shall be required to submit
a SWPPP that complies with the requirements of this chapter to the
SMO, and the land development activity shall be reviewed subject to
the standards contained in this chapter.
(1)
Initial review by SMO. Within 45 days of receipt of a SWPPP, the
SMO shall forward the SWPPP, together with his or her recommendation
to approve, approve with modifications, or disapprove the SWPPP, to
the employee, officer, or board of the Town of Elma which is reviewing
the application for approval of a land development activity requiring
submission of a SWPPP. A recommendation of approval shall only be
given if the SWPPP complies with the requirements of this chapter.
In making a recommendation to approve with modifications or disapprove
the SWPPP, the SMO shall state the reasons for the decision.
(2)
Review by final reviewing body. The employee, officer, or board of
the Town of Elma which is reviewing the application for approval of
a land development activity shall review the SWPPP and recommendation
of the SMO and shall act to approve, approve with modifications, or
disapprove the SWPPP. Such reviewing board shall not act to approve
the SWPPP unless it complies with the requirements of this chapter.
If the reviewing board acts to approve with modifications or disapprove
the SWPPP, the reviewing board shall state the reasons for the decision.
In order to be approved, the applicant shall revise a SWPPP that has
been approved with modifications or disapproved in accordance with
the recommendations of the reviewing board and shall submit the revised
SWPPP to such board for review.
C.
For all land development activities not subject to review by the Building Inspector, Planning Board or Town Board of the Town of Elma as provided in § 120-4B, the applicant or developer shall be required to submit a SWPPP that complies with the standards contained in this chapter to the SMO. Within 45 days of receipt of a SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP. Approval shall only be given if the SWPPP complies with the requirements of this chapter. In approving with modifications or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.
A.
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed and
no land development activity shall be commenced until the SMO or such
employee, officer, or board of the Town of Elma reviewing an application
for approval of a land development activity requiring submission of
a SWPPP has received a SWPPP that complies with the specifications
in this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
the location, type and size of the project;
(b)
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale of no smaller
than one inch to 100 feet. 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); wetlands and drainage patterns that could
be affected by the land development activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharges;
(c)
Description of the soil(s) present at the site;
(d)
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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(f)
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;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
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)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
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)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities 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 § 120-5B(3) as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on NYSDEC's 303(d) list of impaired waters or a total maximum daily
load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development 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)
SWPPP requirements for Condition A, B or C (post-construction stormwater
runoff controls):
(b)
Description of each post-construction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)
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;
(4)
The SWPPP shall be prepared by a licensed professional and must be
signed by such professional, who shall certify that the design of
all stormwater management practices meets the requirements in this
chapter.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
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 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)
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)
The certification statement(s) shall be included with and become
part of the SWPPP for the land development activity.
E.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards set forth in § 120-6A, the applicant or developer must demonstrate equivalence to such technical standards.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
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 chapter. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)
For land development activities meeting Condition A, B, or C in § 120-5B(2), 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 log book.
(3)
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 document the effectiveness of all erosion and sediment
control practices.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Elma to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
chapter. The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the counsel for the Town of
Elma.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 120-6.
(4)
Maintenance agreements. The Town of Elma shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of the "Sample Stormwater Control Facility Maintenance Agreement" attached to this chapter as Appendix A.[1] The Town of Elma, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary to determine
compliance with this chapter and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this chapter and the SWPPP as approved.
To obtain inspections, the applicant shall notify the SMO at least
48 hours before any of the following, as required by the SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; and/or
[8]
Successful establishment of landscaping in public areas.
(b)
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.
(2)
Stormwater management practice inspections. The SMO is responsible
for conducting inspections of SMPs. All applicants are required to
submit as-built plans for any SMPs located on site after final construction
is completed. The plan must show the final design specifications for
all stormwater management facilities and must be certified by a professional
engineer.
(3)
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 SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(4)
Submission of reports. The SMO may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Elma the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 120-8A(3).
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Elma in its
approval of the SWPPP, the Town of Elma 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 of Elma as the beneficiary. The security
shall be in an amount to be determined by the Town of Elma based on
submission of final design plans, with reference to actual construction
and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the Town of Elma, 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 Town of Elma. Per annum interest
on cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Elma 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 of Elma may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The Town of Elma may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
C.
Enforcement and penalties.
(1)
Notice of violation.
(a)
When the Town of Elma determines that a land development activity
is not being carried out in accordance with the requirements of this
chapter, it may issue a written notice of violation to the landowner,
developer, and/or applicant. The notice of violation shall contain:
[1]
The name and address of the landowner, developer and/or applicant;
[2]
The address when available or a description of the building, structure
or land upon which the violation is occurring;
[3]
A statement specifying the nature of the violation;
[4]
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter 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; and
[6]
A statement that the determination of violation may be appealed to
the Town Board by filing a written notice of appeal within 15 days
of service of notice of violation.
(b)
The landowner, developer, and/or applicant shall comply within
30 days of written notice of violation. The applicant must remediate
violation.
(2)
Stop-work orders. The Town of Elma may issue a stop-work order for
violations of this chapter. Persons receiving a stop-work order shall
be required to halt all land development activities, except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town of Elma confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
(3)
Violations. Any land development activity that is commenced or is
conducted contrary to the provisions of this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense all of which were committed within a
period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
(5)
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the SMO may prevent the occupancy of said building or land.
(6)
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Elma
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
D.
Fees for services. The Town of Elma may require any person undertaking
land development activities regulated by this chapter to pay a fee
and/or expense for review of SWPPPs and related inspections.
E.
The fee for review and permit process shall be as follows:
