[HISTORY: Adopted by the Town Board of the Town of Hyde Park 1-4-2016 by L.L. No. 1-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 54.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch. 63.
Illicit discharges — See Ch. 71.
Soil and mining excavations — See Ch. 92.
Subdivision of land — See Ch. 96.
Zoning — See Ch. 108.
[1]
Editor's Note: This local law also repealed former Ch.
93, Stormwater Management and Erosion and Sediment Control, adopted
2-23-2009 by L.L. No. 1-2009.
It is hereby determined that:
A.
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.
This
stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing
and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and
aquatic habitats.
D.
Improper
design and construction of stormwater management practices can increase
the velocity of stormwater runoff, thereby increasing stream bank
erosion and sedimentation.
E.
Impervious
surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
F.
Substantial
economic losses can result from these adverse impacts on the waters
of the Town.
G.
Stormwater
runoff, soil erosion and nonpoint source pollution can be controlled
and minimized through the regulation of stormwater runoff from land
development activities.
H.
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,
will minimize threats to public health and safety, and will help protect
groundwater resources.
I.
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.
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 § 93-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Require
land development activities to conform to the substantive requirements
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities, GP-0-15-002, as amended or revised;
B.
Minimize
increases in stormwater runoff from land development activities in
order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
C.
Minimize
increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality;
D.
Minimize
the total annual volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable; and
E.
Reduce
stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stormwater management practices
and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings as set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A natural or graded pathway for periodic conveyance of stormwater
runoff.
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, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Runoff flowing from a construction site by overland flow
and the first point of discharge is the specific surface waterbody,
or runoff flows from a construction site to a separate storm sewer
system and the first point of discharge from the separate storm sewer
system is the specific surface waterbody.
The limits of clearing, grading, excavation, filling, demolition,
or stockpiling activities that result in soil disturbance defined
by a limiting physical boundary, the edge of activity or an imaginary
line along the intersection of existing and proposed elevation contours.
A permit issued by the Zoning Administrator pursuant to § 93-6B of this chapter, based on an approved erosion and sediment control plan.
A plan for controlling erosion from construction or land
development activities that does not require a stormwater management
permit but does require an erosion and sediment control permit. The
plan is prepared based on the requirements for a stormwater pollution
prevention plan without permanent stormwater management practices
found in the SPDES general permit for construction activity.
Measures that prevent the suspension and transport of soil
particles. The most effective means of preventing offsite deposition
of soil particles
The New York State Standards and Specifications for Erosion
and Sediment Control, dated August 2005, or latest revision that serves
as the technical guideline for erosion and sediment control practices.
A linear structure supported by posts that does not inhibit
surface water flow.
Excavating, filling, moving or removing soil or otherwise
altering the existing terrain.
A wide array of practices to manage and treat, maintain and
restore natural hydrology and ecological function by infiltration,
evapotranspiration, capture and reuse of stormwater and establishment
of vegetation features.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall. This includes paved, concrete and gravel surfaces
(i.e., parking lots, driveways, roads, runways, and sidewalks); building
roof tops; and miscellaneous impermeable structures such as patios,
pools, and sheds.
SPDES multi-sector general permit (GP-0-12-001 or most recent
version). A state pollutant discharge elimination system 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.
A jurisdictional wetland as currently defined by regulations
issued either by the New York State Department of Environmental Conservation
or the United States Army Corps of Engineers.
Clearing, grading, excavating, soil disturbance or placement
of fill that results in land disturbance.
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 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, logging, mining, construction,
subsurface disposal and urban runoff sources.
Developing a parcel of land in distinct pieces or parts,
with the stabilization of each piece completed before disturbance
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.
Wetlands, wetland adjacent areas, steep slopes, vernal pools,
cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, intermittent streams and
habitats for threatened, endangered or special-concern species.
Dirt, gravel, humus, compost, mulch, stone or other natural
material occurring in the earth's surface or subsurface.
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.
All soil disturbance activities have ceased and a uniform,
perennial vegetative cover with a density of at least 80% over the
entire pervious surface has been established; or other equivalent
stabilization measures, such as permanent landscape mulches, rock
rip-rap or washed/crushed stone have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
Exposed soil has been covered with material(s) as set forth
in the technical standard, New York Standards and Specifications for
Erosion and Sediment Control, to prevent the exposed soil from eroding.
The materials can include, but are not limited to, mulch, seed and
mulch, and erosion control mats (e.g. jute twisted yarn, excelsior
wood fiber mats).
An order issued by the Zoning Administrator which requires
that all construction activity and/or land development activity on
a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
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 permanent stormwater management practices
installed, stabilized and operating for the purpose of controlling
stormwater runoff.
An employee or officer designated by the Town to review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices and permanent facilities.
A permit issued by the Zoning Administrator pursuant to § 93-6A of this chapter, based on an approved stormwater pollution prevention plan.
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 permanent plan for controlling stormwater runoff and pollutants
from a site during and after construction activities or land development
activities. The SWPPP is prepared based on the New York State Stormwater
Management Design Manual dated, August 2015, or latest revision.
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.
Existing disturbed area will not be disturbed again within
14 calendar days of the previous soil disturbance.
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.
This chapter shall be applicable to all land development activities as defined in § 93-3, including, but not limited to, all building permit applications involving site disturbance regardless of the amount of soil to be disturbed.
B.
The
Town Board designates the Town's Zoning Administrator as the
Stormwater Management Officer ("SMO").
C.
The Town designates the Zoning Administrator to receive all applications for stormwater management permits and erosion and sediment control permits, including related stormwater pollution prevention plans ("SWPPPs") and erosion and sediment control plans prepared in accordance with § 93-6.
D.
All
land development activities subject to review and approval by the
Town of Hyde Park Planning Board under subdivision, site plan, or
special permit regulations shall be reviewed by the Planning Board,
the Zoning Administrator and the Town Engineer in accordance with
the standards contained in this chapter.
The following activities are exempt from the requirement to
obtain a stormwater management permit or an erosion and sediment control
permit under this chapter, but shall be required to adhere to basic
erosion and sediment control practices to the extent practical:
A.
Agricultural
activity as defined in this chapter.
B.
Logging
activity undertaken pursuant to an approved timber management plan
prepared or approved by the County Soil and Water Conservation District
or the New York State Department of Environmental Conservation, except
that landing areas and log haul roads are subject to this chapter.
C.
Repairs
to any stormwater management practice or facility deemed necessary
by the SMO.
D.
Cemetery
graves.
E.
Installation
of fence, sign, telephone, and electric poles and other kinds of posts
or poles.
F.
Emergency
activity immediately necessary to protect life, property or natural
resources.
G.
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.
H.
Residential
landscaping and horticultural activities that involve less than one
acre of disturbance in connection with an existing residence.
I.
Land disturbance activities that involve less than 10 cubic yards
of soil, provided that preexisting drainage patterns are not affected,
no retaining wall over four feet in height is involved, and the disturbance
is more than 20 feet from any property line.
Any site plan, subdivision or special use permit for which a
SWPPP has been prepared and approved by the Town Planning Board shall
adhere to the requirements of this chapter.
A.
Stormwater management permit.
(1)
A stormwater management permit shall be obtained before undertaking
any soil disturbance for any of the following land development activities:
(a)
Disturbance of one acre or more of land for a nonresidential
project;
(b)
Disturbance of five acres or more of land for a residential
project consisting of detached single-family residences;
(c)
Disturbance of more than one acre of land for a mixed-use project,
exclusive of disturbance for single-family residences and agricultural
activities;
(d)
Any disturbance that may discharge stormwater to an impaired
water identified in a Clean Water Act Section 303(d) list of impaired
waters;
(e)
Any disturbance that may discharge stormwater containing a contaminant
of concern in a TMDL-limited watershed for such contaminant;
(f)
Disturbance of less than the thresholds set forth above if the
activity is part of a larger common plan of development or sale, even
though multiple separate and distinct land development activities
may take place at different times on different schedules, if such
larger plan would exceed such thresholds.
(2)
An application for a stormwater management permit shall be submitted
to the Zoning Administrator, together with a properly prepared SWPPP
and the application fee set forth in the Fee Schedule[1] approved by the Town Board unless such permit is obtained
through Planning Board approvals. The Zoning Administrator shall refer
the application and SWPPP to the Town Engineer. No approval shall
be given until a SWPPP prepared by a licensed professional engineer
in accordance with the specifications in this chapter has been reviewed
and approved by the SMO.
[1]
Editor's Note: The Fee Schedule is on file in the Town
offices.
(3)
All SWPPPs shall provide the following minimum information:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
Site map and construction drawing(s) for the project, including
a certified boundary survey and a general location map. 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 construction activity; steep
slopes; existing and final slopes; locations of off-site material,
waste, borrow, topsoil stockpile areas or equipment storage areas;
and location(s) of the stormwater discharges(s).
(c)
Description of the soil(s) present at the site, including an
identification of the hydrologic soil group (HSG) and soil erosion
potential (K Factor, whole soil);
(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 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 approved by the SMO 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 closeout.
(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.
(p)
Any existing data that describes the stormwater runoff at the
site.
(q)
Limit of disturbance designation.
(r)
Any other requirements of NYSDEC Permit No. GP-0-15-002 or latest
revision.
(s)
Inspection requirements per NYSDEC Permit No. GP-0-15-002 or
latest revision.
(t)
Soil stabilization requirements. In areas where soil disturbance
activity has temporarily or permanently ceased, the application of
soil stabilization measures must be initiated by the end of the next
business day and completed within 14 days from the date the current
soil disturbance activity ceased. For construction sites that directly
discharge to a 303(d) segment, the application of soil stabilization
measures must be initiated by the end of the next business day and
completed within seven days from the date the current soil disturbance
activity ceased.
(4)
Additional requirements for water quality and quantity controls.
(a)
Land development activities as defined in Table 2 of Appendix
B of the SPDES General Permit for Construction Activities shall also
include post-construction stormwater management practices.
(b)
SWPPP requirements for land development activities that require
post-construction stormwater management practices:
[2]
Description of how green infrastructure planning practices have
been incorporated into the project design.
[3]
Description of how runoff reduction, water quality volume, channel
protection volume, over bank flood, and extreme storm event requirements
are satisfied.
[4]
Description of each post-construction stormwater management
practice.
[5]
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
[6]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
[7]
Maps(s) showing pre-development conditions, including watershed/subcatchment
boundaries, flow paths/routing, and design points; summary table comparing
post-development stormwater runoff conditions with pre-development
conditions.
[8]
Map(s) showing post-development conditions, including watershed/subcatchment
boundaries, flow paths/routing, design points and post-construction
stormwater management practices;
[9]
Results of stormwater modeling (i.e. hydrology and hydraulic
analysis) for the required storm events. Include supporting calculations
(model runs), methodology, and a summary table that compares pre-
and post-development runoff rates and volumes for the different storm
events.
[10]
Summary table, with supporting calculations, which demonstrates
that each post-construction stormwater management practice has been
designed in conformance with the sizing criteria included in the Design
Manual.
[11]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
[12]
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
[13]
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.
(5)
Plan certification. All SWPPPs shall be prepared by a licensed professional
engineer and must be signed by the engineer preparing the plan, who
shall certify that the design of all stormwater management practices
meets the requirements in this chapter.
(6)
Contractor certification.
(a)
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 hereby certify under penalty of law that I understand and agree
to comply with the terms and conditions of the Stormwater Pollution
Prevention Plan and agree to implement any corrective action identified
by the qualified inspector during a site inspection. I also understand
that the owner or operator must comply with the terms and conditions
of the most current version of the New York State Pollution Discharge
Elimination System (SPDES) general permit for stormwater discharge
from construction activities and that it is unlawful for any person
to cause or contribute to a violation of water quality standards.
Furthermore, I am aware that there are significant penalties for submitting
false information that I do not believe to be true, including the
possibility of fine and imprisonment for knowing violations."
(b)
The certification must also identify the specific elements of
the SWPPP that each contractor is responsible for and include the
name and title of the person providing the signature, the name and
title of the trained contractor responsible for SWPPP implementation,
address and telephone number of the contracting firm; the address
(or other identifying description) of the site; and the date the certification
is made.
(c)
The certification statement(s) shall become part of the SWPPP
and the SWPPP logbook for the land development activity.
(d)
A copy of the SWPPP logbook of inspection reports and any other
environmental permits 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.
(e)
The contractor shall also meet all requirements of NYSDEC GP-0-15-002
(construction activity) or latest revision.
(7)
Permit expiration. The Town's SWPPP stormwater management permit
will expire one year after the NYSDEC acceptance date of the NOI unless
a new application and renewal fee are submitted to the Town prior
to the expiration date. The renewal fee will be in accordance with
the Town's Fee Schedule.[2]
[2]
Editor's Note: The Fee Schedule is on file in the Town
offices.
B.
Erosion and sediment control permit.
(1)
An erosion and sediment control permit shall be obtained before undertaking any soil disturbance for any construction or land development activities that do not require a stormwater management permit but are not exempt under § 93-5 of this chapter.
(2)
An application for an erosion and sediment control permit shall be
submitted to the Zoning Administrator together with a properly prepared
erosion and sediment control plan and the application fee set forth
in the Fee Schedule approved by the Town Board.[3] Erosion and sediment control plans shall be prepared by
a New York State licensed architect or professional engineer and shall
meet the following minimum requirements:
(a)
The erosion and sediment control plan shall be based on a certified
boundary map.
(b)
A note is required on all maps indicating that prior to a certificate
of occupancy all disturbed areas shall achieve final stabilization
to the satisfaction of the Zoning Administrator and SMO.
(c)
All applicants disturbing land shall prepare an erosion control
plan in accordance with the New York State Standards and Specifications
for Erosion and Sediment Control, dated 2005, or latest revision.
(d)
Protective erosion control measures must be in place at the
onset of construction.
(e)
A stabilized construction entrance must be in place throughout
construction.
(f)
Soil stabilization measures, usually seed and mulch, must be
in place prior to issuance of a certificate of occupancy.
(g)
Discharges from sump pumps, septic, or drains are not allowed
to tie directly into any stormwater conveyance system. Infiltration
practices such as dry wells and rain gardens shall be provided for
roof drains if soil conditions permit.
(h)
Soil stabilization. In areas where soil disturbance activity
has temporarily or permanently ceased, the application of soil stabilization
measures must be initiated by the end of the next business day and
completed within 14 days from the date the current soil disturbance
activity ceased. For construction sites that directly discharge to
a 303(d) segment, the application of soil stabilization measures must
be initiated by the end of the next business day and completed within
seven days from the date the current soil disturbance activity ceased.
(i)
Existing and proposed topography must be shown in two-foot contour
intervals.
(j)
Limit of disturbance lines must be shown.
(k)
Soil types must be shown and identified as classified by the
most recent Dutchess County Soils Survey for both existing and imported
soils, including hydrologic soil group (HSG) and soil erosion potential
(K Factor, whole soil).
(l)
Location of jurisdictional wetlands must be shown.
(m)
The estimated time frame for start and completion of work must
be shown.
(n)
Additional information may be required as deemed necessary by
the Zoning Administrator or the SMO for the proper review of the application.
[3]
Editor's Note: The Fee Schedule is on file in the Town
offices.
(3)
Erosion and sediment control permit close-out. The erosion and sediment
control permit must be closed out after compliance with the approved
plan including stabilization of the site. Once the permit is closed,
any remaining escrow can be returned.
(4)
Erosion and sediment control permit time frame. The erosion and sediment
control permit shall expire one year from issuance of the permit unless
a new application and renewal fee are submitted prior to the expiration
date. A renewal fee will be in accordance with the Town's Fee
Schedule.[4]
[4]
Editor's Note: The Fee Schedule is on file in the Town
offices.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the construction or land development activity prior to approval
of the final SWPPP or erosion and sediment control plan and shall
provide copies of said permits to the Zoning Administrator upon receipt
by the applicant.
D.
The Zoning Administrator, on recommendation of the Town Engineer, may waive specific or all requirements of this § 93-6 on the grounds that the proposed activity would be de minimis, based upon the type of land disturbance activity being proposed, surrounding land conditions, and the demonstrated absence of any adverse effect on the environment or public health or safety.
All land development activities, whether or not a permit is required under § 93-6 of this chapter, 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.
(1)
The New York State Stormwater Management Design Manual, August 2010
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York 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.
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.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity 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)
A trained contractor 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 on a daily
basis. Qualified inspectors shall perform inspections and issue reports
every seven days for activities disturbing one acre or more. The reports
shall be delivered to the Zoning Administrator and the Town Engineer
and also copied to the site logbook.
(3)
The contractor shall also meet all requirements of NYSDEC GP-0-15-002
(construction activity) or latest revision.
(4)
The Zoning Administrator or Town Engineer will perform a minimum
of one construction phase site inspection for conformance with erosion
and sediment control requirements. The number and frequency of inspections
is to be determined on a site specific basis at the preconstruction
meeting.
B.
Maintenance
easement(s). Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements that is not being maintained
by the Town, 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 only periodic inspection
by the Town of Hyde Park 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 Hyde Park. All stormwater management facilities
not being maintained by the Town shall be located along a public right-of-way
or in a location easily observed from a public right-of-way.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall be 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
this chapter.
D.
Maintenance agreements. The Town of Hyde Park 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 upon filing of the approved subdivision
plat or if in the case of a nonrealty subdivision prior to issuance
of final approval 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,"
on file in the office of the Town Clerk. The Town of Hyde Park, 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.
A.
Erosion
and sediment control inspection.
(1)
The Town of Hyde Park Zoning Administrator and/or Town Engineer 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/or the stormwater pollution prevention
plan (SWPPP), as approved. To obtain inspections, the applicant shall
notify the Town of Hyde Park enforcement official at least 48 hours
before any of the following, as required by the Zoning Administrator:
(a)
Installation of sediment and erosion control measures shall
be inspected and certified to the Town in writing by the property
owner or design representative.
(b)
Completion of rough grading and temporary seeding/stabilization,
if required.
(c)
Completion of final grading, permanent seeding, and stabilization.
(d)
Close of the construction season.
(e)
Completion of final landscaping and site stabilization prior
to issuance of a certificate of occupancy.
(f)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be notified in writing by the Zoning Administrator of the nature of the violation, and the Zoning Administrator may forthwith issue a notice of violation and a stop-work order in accordance with § 93-11 of this chapter. 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. If the violations are not corrected in a time frame determined by the Town, penalties may be imposed in accordance with § 93-11 of this chapter.
B.
Stormwater
management practice inspections. The Town of Hyde Park Zoning Administrator
and Town Engineer are responsible for conducting inspections of stormwater
management practices (SMPs). Prior to issuance of certificates of
occupancy, applicants shall submit as-built plans for all stormwater
management practices constructed to serve the site. As-built plans
must show the dimensions and relevant features of all constructed
stormwater management facilities including elevation-volume calculations,
as directed by the Town Engineer, and must be certified by a professional
engineer.
C.
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. Inspections may be performed
by local government staff or the local government may designate an
inspector required to have a professional engineer's (PE) license
or certified professional in erosion and sediment control (CPESC)
certificate, as long as the designated inspector is required to submit
a report.
D.
Submission
of reports. The Town of Hyde Park SMO may require monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter. This includes but is not limited to
on-site logbook inspections and monthly reports submitted to the Town.
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 Hyde Park in its approval of the stormwater pollution
prevention plan, the Town of Hyde Park 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 Hyde Park as the beneficiary. The
security shall be in an amount to be determined by the SMO 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 Hyde Park,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facilities
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 of Hyde Park.
A.
Notice of violation. When the Town of Hyde Park 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. The notice of violation shall contain:
(1)
The name and address of the landowner, developer 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.
(6)
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.
Stop-work orders. The Zoning Administrator 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 and
construction, except those activities that address the violations
leading to the stop-work order. The stop-work order shall be in effect
until the Zoning Administrator 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.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Indemnification of Town. If the New York State Department of Environmental
Conservation (DEC) shall serve a notice of violation upon the Town,
bring an administrative complaint against the Town, and/or commence
a civil suit against the Town due to a violation of SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems GP-0-10-002, and such notice of violation, administrative
complaint, or civil suit is a result of, due to, a consequence of,
or the outcome of actions of a person who has violated the provisions
of this chapter, then said person shall indemnify the Town for any
and all fines, damages or penalties imposed by the DEC upon the Town.
E.
Penalties. Any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$500 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 one year, punishable
by a fine not less than $500 nor more than $1,000 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 $1,000
nor more than $2,000 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.
F.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Zoning Administrator, upon recommendation of the Town
Engineer, may prevent the occupancy of said building or land.
G.
Restoration of lands. Any violator may be required to restore land
to its preexisting undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Hyde Park may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Town of Hyde Park may require any person undertaking land
development activities regulated by this chapter to establish an escrow
account to pay reasonable costs at prevailing rates for review of
SWPPPs, inspections, or SMP maintenance performed by the Town of Hyde
Park or performed by a third party for the Town of Hyde Park. If the
land development activity is part of a project approved by the Town
Board or Town Planning Board, the applicant's current escrow
account will be used for reimbursement of review and inspection services.
The enactment of this chapter shall not impair the rights of
property owners to whom permits have been issued, and approvals granted,
pursuant to the repealed Chapter 93 of the Code nor shall it impair
the rights of the Town and its Zoning Administrator to continue with
enforcement of the provisions of the prior local law with regard to
stop-work orders, notices of violation and/or other enforcement actions
instituted prior to the enactment of this chapter.
