[HISTORY: Adopted by the Town Board of the Town of Marion 7-9-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
This chapter may be referred to as the "Town of Marion Stormwater, Erosion and Sediment Control Law."
In order to protect, maintain and enhance both the natural environment including groundwater and surface water in conjunction with the safety and general welfare of the citizens of the Town of Marion, this chapter has the following objectives:
To control stormwater, erosion and sedimentation so as to prevent it from depositing in streams and other receiving water bodies, including culverts, drainage systems and public lands;
Maintain the integrity of local drainage systems, so as to sustain their hydrologic functions;
Prevent increases in the magnitude and frequency of stormwater runoff so as to prevent localized flooding and costs associated with flooding;
Facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural functions of streams, receiving waters and to protect groundwater supplies;
To the extent practical, secure multiple community benefits such as groundwater protection and replenishment, open space protection and increased recreational opportunity, through integrated land use and stormwater management planning.
In accordance with § 10 of the Municipal Home Rule Law, Article 9 of the Town Law of the State of New York, the Town has the authority to enact local laws for the purpose of promoting the health, safety or general welfare of the Town's residents. The Town may include in any such local law provisions for the appointment of any municipal officer or employees to effectuate and administer such local law.
Upon approval of this chapter by the Town, all site preparation and construction activities requiring approval under this chapter shall be in conformance with the provisions set forth herein.
Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
- ADVERSE IMPACT
- Any effect on receiving waters, including their quality, quantity, surface area, aesthetics or usefulness for human or natural uses which is or may potentially be harmful or injurious to human health, welfare, safety or property, or that which unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
- Any person who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
- Any activity which removes the vegetative ground cover.
- To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, and sewage disposal systems, altering landforms, or construction of a structure on the land.
- DRAINAGE AREA
- That area contributing runoff to a single point, and/or its watershed.
- The removal of soil particles by the action of water, wind, ice or other geological factors.
- EROSION AND SEDIMENT CONTROL
- A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
- EROSION AND SEDIMENT CONTROL PLAN
- An erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on site or by passing sediment-laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of the Marion Planning Board, the Town Engineer, and this chapter.
- FIRST FLUSH
- The delivery of a large load of pollutants during the early part of storms due to rapid runoff of accumulated pollutants. The "first flush" in these guidelines is defined as the runoff generated from a one-year twenty-four-hour storm event from land which has been made more impervious from predevelopment conditions through land grading and construction/development activities.
- For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.
- IMPERVIOUS AREA
- Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
- PEAK FLOW
- The maximum rate of flow of water at a given point and time resulting from a storm event.
- A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool.
- A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks and reduce runoff velocities.
- STREAM CORRIDOR
- The landscape features on both sides of a stream, including soils, slope, and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties.
- The total drainage area contributing runoff to a single point.
It has been established that land clearing, land grading, earth moving or development activities can have a significant effect on the environment; therefore, no person, corporation, organization, or public agency shall, on or after the effective date of this chapter:
Initiate any land clearing, land grading, earthmoving or development activities in excess of one acre without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the Town, or the Wayne County Soil and Water Conservation District (if requested by the Town);
Exemptions. The following activities are exempt from the stormwater management and erosion control plan requirements:
Land disturbance on less than one acre;
Agricultural activities, including household gardening;
Any maintenance, alteration, use or improvement to an existing structure which will not change the quality, rate, volume or location of surface water discharge or contribute to erosion and sedimentation.
The applicant is responsible for submitting an erosion and sediment control plan so that the Town can evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. The applicant shall certify on the drawings that all clearing, grading, drainage, construction and development shall be conducted in strict accordance with the plan. There shall be no additional cost to the applicant for the permit; actual engineering and implementation costs will be borne by the applicant as included with the usual engineering costs.
Applicants shall submit the following information:
A letter of transmittal.
A location map indicating North arrow, scale and other information necessary to easily locate the property.
A plan at an appropriate scale indicating at least:
The existing and proposed topography.
Location of the nearest existing streams, rivers, natural drainage systems and any private or public wells.
Storm drainage provisions, based on a ten-year storm frequency:
Site conditions around points of all surface water discharge from the site.
Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including:
A statement placed on the plan indicating that the developer shall request that the inspection agency approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit, and this chapter.
On all sites with disturbed areas in excess of two acres, approval of the inspection agency shall be requested upon completion of installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; other building or grading inspection approvals may not be authorized until this initial approval by the inspection agency is made; and
Approval shall be requested upon final stabilization of all sites with disturbed areas in excess of two acres before removal of controls.
Approvals. Stormwater erosion and sediment control plans may be approved by the Town Engineer or the Town Code Enforcement Officer. The permit issued shall become part of the application for a building permit.
Alternate approvals. The Town may at its discretion request that the plan be reviewed by the Wayne County Soil and Water Conservation District. The district will provide a general review only.
Inspection frequency and reports.
The permittee shall maintain a copy of the approved erosion and sediment control plan on site.
Every active site having an erosion and sediment control plan should be inspected for compliance with the plan.
Inspectors (Code Enforcement Officer) shall prepare a written inspection report. The inspection report shall describe:
Right of entry. It shall be a condition of every grading or building permit that the inspection agency has the right to enter property periodically to inspect for compliance with this chapter.
Modification to erosion and sediment control plans. When inspection of the site indicates the approved erosion and sediment control plan needs modification, the modification shall be made in compliance with the erosion and sediment control criteria contained in the standards and specifications as follows:
The permittee shall submit requests for major modifications to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the plan approval agency to be processed appropriately. This processing includes modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection; and
The inspector may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report. The plan approval agency shall develop a list of allowable field modifications for use by the inspector.
Administration. This chapter shall be administered and enforced by the Code Enforcement Officer who is authorized to issue appearance tickets for violators of this chapter and is the approving authority at the local level.
When the inspection agency or an inspector determines the approved erosion and sediment control plan is not being properly installed or maintained, the inspector shall notify the on-site personnel or the permittee of the violation, describe the required corrective action and the time period in which to have the violation corrected.
Any complaint received shall be acted upon routinely within three working days, and the complainant shall be notified of any action or proposed action, routinely within seven working days of receipt of the complaint.
If the violation persists after the date specified for corrective action in the notice of violation, the inspection agency shall stop work on the site. The inspection agency shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.
If reasonable efforts to correct the violation are not undertaken by the permittee, the inspection agency shall refer the violation for legal action at his/her discretion.
The permit-issuing agency may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit, or the erosion and sediment control plan as submitted.
If a person is working without a permit, the inspection agency shall stop work on the site except activity necessary to provide erosion and sediment control.
Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.