[HISTORY: Adopted by the Town Board of the Town of Ogden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-28-2007 by L.L. No. 9-2007 (Ch. 167, Art. I, of the 1995 Code)]
A.
Land disturbance activities and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
B.
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches and the dredging of waterways.
In addition, clearing and/or grading during construction tends to
increase soil erosion and causes the loss of native vegetation necessary
for terrestrial and aquatic habitat and to provide a healthy living
environment for citizens of the Town of Ogden. Improper design and
construction of stormwater management practices can increase the velocity
of stormwater runoff, thereby increasing streambank erosion and sedimentation.
Impervious surfaces allow less water to percolate into the soil, thereby
decreasing groundwater recharge and stream base flow. Regulation of
land disturbance activities by means of performance standards governing
stormwater management and site design will produce development compatible
with the natural functions of a particular site or an entire watershed
and thereby mitigate the adverse effects of erosion and sedimentation
from development.
C.
As a result, the purpose of this local regulation is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Town of Ogden. It seeks to
meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit No. GP-02 or as amended or revised;
(2)
Require land disturbance 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 or as amended or revised;
(3)
Minimize increases in stormwater runoff from land disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land disturbance activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
As used in this article, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Town of Ogden to conduct site
inspections and/or perform other municipal duties.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than 25,000 square feet of total land area that is part of a larger
common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
The most recent version of this publication, which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; installation of
accessory buildings such as garages; and excavation for utilities.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The 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 channel that directs surface runoff to a watercourse or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb greater than or equal to one acre of land unless exempted under § 242-7C of this article. The law also applies to land disturbance activities that are less than 25,000 square feet disturbance if such activities are part of a larger common plan of development or sale that will disturb greater than or equal to one acre, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the applicant of the
obligation and responsibility to obtain separate coverage under the
NYSDEC SPDES general permit for construction activities if required.
For projects also applying for coverage under the NYSDEC SPDES general
permit for stormwater discharges from construction activity, the applicant
shall submit a copy of the stormwater pollution prevention plan (SWPPP),
a notice of intent (NOI) with a certification statement including
the date demonstrating submission to the NYSDEC, a letter of permission
from the NYSDEC granting approval to disturb five acres or greater
of land at one time (if applicable), a copy of the NYSDEC's acknowledgment
letter stating that the NYSDEC has received the applicant's notice
of intent (NOI) and any related documents to the Building Inspector
and/or Superintendent of Highways for review and approval.
B.
The requirements of this article should be considered minimum requirements,
and where any provision of this article imposes restrictions different
from those imposed by any other federal, state, or local law, rule
or regulation, or other provision of law, the provisions that are
more restrictive or impose more stringent requirements shall take
precedence.
In accordance with the provisions of Town Law of the State of
New York, the Town of Ogden Board has the authority to enact laws
for the purpose of promoting the health, safety, or general welfare
of the Town of Ogden, including the protection and preservation of
the property of its inhabitants. By the same authority, the Town of
Ogden Board may include in any such law provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
The Town of Ogden requires the use of technical standards for erosion
and sediment controls. These are detailed in the Town of Ogden design
criteria and the New York State Department of Environmental Conservation's
Standards and Specifications for Erosion and Sediment Control. For
the design of water quality and water quantity controls (post-construction
stormwater runoff control practices), the NYSDEC's technical
standards are detailed in the New York State Stormwater Management
Design Manual.
B.
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards, and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit for land
disturbance activity which would require the disturbance of greater
than or equal to one acre of land shall also include with a submission
an SWPPP that shall be reviewed and approved by the Town of Ogden
prior to issuance of the final site plan approval or a permit.
(2)
No applicant shall be granted site plan approval or a permit which
would require the disturbance of greater than or equal to one acre
of land without the review and approval of a SWPPP by the Town of
Ogden.
(3)
Furthermore, prior to the issuance of a permit or site plan approval all projects that would result in the disturbance of greater than or equal to one acre of land will be required to comply with all applicable provisions of Article II of this chapter, Post-Construction Stormwater Pollution Prevention. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Article II of this chapter, Post-Construction Stormwater Pollution Prevention, have been met to the satisfaction of the Town of Ogden.
(4)
Each application shall bear the name(s), address(es) and phone number(s) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 242-13.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 242-9 of this article.
(6)
Each application shall include a statement that any land clearing,
construction, or development involving the movement of land shall
be in accordance with the submitted SWPPP.
(7)
All land disturbance activities as defined in § 242-2 of this article not subject to site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Ogden, who shall approve the SWPPP if it complies with the requirements of this article.
B.
Review and approval of application. Review and approval of the completed application shall be reviewed by the Planning Board of the Town of Ogden pursuant to Chapter 254 of the Town of Ogden Code.
C.
Exemptions. The following activities are exempt from review under
this article:
(1)
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed necessary by
the Town of Ogden.
The Town of Ogden may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Ogden prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices and inspection approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 242-11 of this article. At its discretion, the Town of Ogden may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Town of Ogden shall designate a Stormwater Management Officer
who shall accept and review all SWPPPs and forward such plans to the
applicable municipal board. A consultant cannot be appointed as a
Stormwater Management Officer. The Stormwater Management Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board, engage the services of a New York
State licensed professional engineer to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by said governing board; or
(3)
Accept the certification of a licensed/certified professional that
the plans conform to the requirements of this article.
B.
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Ogden and submitted to the Stormwater Management Officer designated by the Town of Ogden for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 242-2 of this article. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Town of Ogden design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town of Ogden.
C.
The requirements to have an SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New York State
licensed professional engineer (PE) are not applicable to land disturbance
activities that meet technical standards and are five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development, or an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d)-impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
D.
Minimum requirements. All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project, including
location, type and size of project and contact information that includes
the name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number
of the subject property or properties.
(2)
Site map/construction drawing(s) for the project, including a general
location map and a one inch equals 100 feet topographic base map of
the site which extends a minimum of 200 feet beyond the limits of
the proposed development. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s), including receiving waters (name of the water),
streams, ponds, culverts, ditches, and wetlands as well as drainage
patterns that could be affected by the construction activity; existing
and final slopes; locations of utilities, roads, soil types, forest
cover, and significant natural and man-made features not otherwise
shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete cleanout basin(s) and construction
entrance; and location(s) of the stormwater discharges(s); and resources
protected under other chapters of this Code or by easements.
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation, final grading and landscaping,
and any other activity at the site that results in soil disturbance.
Sequencing shall identify the expected date on which clearing will
begin and the estimated duration of exposure of cleared areas. Consistent
with the New York State Standards and Specifications for Erosion and
Sediment Control, not more than five acres shall be disturbed at any
one time unless pursuant to an approved SWPPP and a letter of permission
from the NYSDEC.
(5)
A description of the pollution prevention measures that will be used
to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on site with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials, including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(6)
A description of the temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land disturbance
to project closeout, including who will be responsible for the maintenance
and implementation of said features at the site and what practices
will be employed to ensure that adequate vegetative cover is established
and preserved. For temporary and permanent vegetative control measures,
the seeding mixtures and rates, types of sod, method of seedbed preparation,
depth of topsoil, expected seeding dates, type and rate of lime and
fertilizer application, and kind and quantity of mulching shall be
provided.
(7)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice.
(8)
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins,
and provide the dimensions, material specifications and installation
details for each throughout all phases of construction and completion
of development of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
(9)
Identification of all temporary practices that will be converted
to permanent control measures.
(10)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place.
(11)
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
(12)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
(13)
Any existing data that describes the stormwater runoff at the
site.
(14)
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the Town
of Ogden.
(15)
Assurance that the applicant or its "responsible individual"
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices.
(16)
Certification.
(a)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land disturbance activity at the
site:
"I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards."
(b)
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made. The certification statement
must be included in the SWPPP.
E.
Modifications to plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to the Town of Ogden
and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
Change in design; ineffectiveness.
[1]
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
[2]
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this article. Amendments to the SWPPP may be reviewed by the Town
of Ogden. A copy of the newly amended SWPPP must be provided to the
Town of Ogden within five business days.
(b)
Additionally, the SWPPP shall be amended to identify any new
contractor or subcontractor that will implement any measure of the
SWPPP. The Town of Ogden may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(3)
Field modifications of a minor nature may be authorized by the Town
of Ogden by written authorization to the applicant. SWPPP approval
shall expire two years from approval if no activity has commenced.
Under such approved plan within such two-year period, expired plans
shall be subject to further informal review prior to commencement
of any development activity.
A.
Town of Ogden Inspections.
(1)
The Town of Ogden or designated agent as defined in § 242-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town of Ogden reserves the right to enter the work site at any time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or its agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Town of Ogden at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been installed and
stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the owner of the
obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(3)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further earthwork shall be conducted on the
site, except for site stabilization, until the violations are corrected
and approved by the Town of Ogden.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a "responsible individual" as defined in § 242-2 of this article who will oversee the implementation of the SWPPP on a daily basis. The "responsible individual" shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town of Ogden within five days after the month's end.
(2)
The requirement to employ a qualified professional to inspect and
document the effectiveness of all erosion and sediment control practices
is not applicable to land disturbance activities five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development or on an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d)-impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
A.
Duration.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all
stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%. The land disturbance activity shall not cause
an increase in turbidity that will result in substantial visible contrast
to natural conditions in surface waters of the State of New York.
(2)
At the end of the construction season when soil disturbance activities
will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly site inspections
to monthly inspections. In order to reduce inspection frequencies,
the applicant must complete stabilization activities before proper
installation is precluded by snow cover or frozen ground. If vegetation
is used as a stabilization method, seeding, planting, and/or sodding
must be scheduled to avoid fall frosts and to allow for proper germination/establishment.
Installations and maintenance must be done according to the New York
State Standards and Specifications for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following project closeout
requirements:
(1)
Reestablish grade of all permanent stormwater facilities.
(2)
Inspect grading of all drainage structures and provide elevation
as-builts to the Town of Ogden.
(3)
Establish perennial vegetative cover to a density of 80% over 100%
of the site.
(4)
Removal of all debris and temporary erosion and sediment control
practices.
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 242-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(6)
Complete any other measure deemed appropriate and necessary by the
Town of Ogden to stabilize the project site.
A.
Stop-work order. The Town of Ogden may issue a stop-work order for
violations of this article. Persons receiving a stop-work order shall
be required to halt all land disturbance activities, except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Town of Ogden confirms
that the land disturbance activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this article.
B.
Notice of violation. When the Town of Ogden determines that an activity
is not being carried out in accordance with the requirements of this
article, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant.
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the development
activity into compliance with this article, and a time schedule for
the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
C.
Violation and penalties.
(1)
No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this article. Violations of any
provision or requirement of this article or violation of any statement,
plan, application, permit or certification approved under the provisions
of this article shall be considered an offense punishable by a fine
and/or imprisonment, as provided for in § 135 of the Town
Law of the State of New York. Each day on which any violation of any
of the provisions of this article occurs shall constitute one offense,
and each successive day of violation shall constitute a separate and
distinct offense. Upon conviction of any such violation, such person,
partnership, or corporation shall be punished by a fine for each offense
as hereinafter provided for. In addition to any other penalty authorized
by this section, any person, partnership, or corporation convicted
of violating any of the provisions of this article shall be required
to bear the expense of such restoration.
(2)
Any person who violates the provisions of the article shall be subject
to a fine not exceeding $350 or imprisonment for a period not to exceed
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 article 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.
D.
Withholding of certificate of occupancy. Occupation permits may not
be granted until corrections to all stormwater management practices
have been made and accepted by the Town of Ogden.
Fees payable to the Town of Ogden for application, review, approval
and implementation of this article shall be paid by the applicant
as such fees are established by the Town Board annually.
[Adopted 11-28-2007 by L.L. No. 10-2007 (Ch. 167, Art. II, of the 1995
Code)]
A.
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
B.
The purpose of this article is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health,
safety, and welfare of the public residing in the watersheds within
the Town of Ogden. Therefore, the Town of Ogden establishes this set
of water quality and quantity policies to provide reasonable guidance
for the regulation of stormwater runoff and to, in addition to the
above, safeguard persons, protect property, prevent damage to the
environment in the Town of Ogden, and comply with the NYSDEC State
Pollutant Discharge Elimination System (SPDES) general permit for
stormwater discharges from municipal separate storm sewer systems
(MS4s), for the purpose of protecting local water resources from degradation.
It is determined that the regulation of stormwater runoff discharges
from land development projects and other construction 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 prevent threats to public health and safety.
As used in this article, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Town of Ogden to conduct site
inspections and/or perform other municipal duties.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
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 activities disturbing less
than 25,000 square feet of total land area that is part of a larger
common plan of development or sale, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication, which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates that serve
as the official guide for stormwater management principles, methods
and practices.
A stormwater management measure located outside the subject
property boundary.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
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.
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
An order issued which requires that all construction activity
on a site be stopped.
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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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."
A.
This article shall be applicable to land disturbance activities, as defined in § 242-15 of this article, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 242-22 as applicable unless eligible for an exemption or granted a waiver by the Town of Ogden in accordance with § 242-20 of this article:
(1)
Condition A: stormwater runoff from land disturbance activities discharging
a pollutant of concern to either an impaired water identified on the
Department'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.
(2)
Condition B: stormwater runoff from land disturbance activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land disturbance activity disturbing
between one acre 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.
(4)
Condition D: stormwater runoff from land disturbance activity that
is smaller than one acre disturbance if such activities are part of
a larger common plan of development, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
B.
All plans, documents and information required by this article must
be reviewed by the Town of Ogden to ensure that established water
quality standards will be maintained during and after development
of the site and that post-construction runoff levels are consistent
with any local and regional watershed plans.
C.
When a site plan is submitted that qualifies as a redevelopment project, as defined in § 242-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Town of Ogden.
D.
This applies to all redevelopment projects that are greater than
or equal to one acre.
E.
The following activities may be exempt from the requirements of this
article:
(1)
Any emergency activity which is immediately necessary for the protection
of life, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
(4)
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment system deemed necessary by the
Town of Ogden.
(6)
Additions or modifications to existing single-family structures and
construction of new structures on agricultural land are exempt up
to five acres.
A.
This article is not intended to interfere with, abrogate, or annul
any other local law, rule or regulation, statute or other provision
of law. The requirements of this article should be considered minimum
requirements, and where any provision of this article imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance may also require
additional compliance measures detailed in other regulations and/or
ordinances.
In accordance with the provisions Town Law of the State of New
York, the Board has the authority to enact laws for the purpose of
promoting the health, safety, or general welfare of the Town of Ogden,
including the protection and preservation of the property of its inhabitants.
By the same authority, the Town of Ogden Board may include in any
such law provisions for the appointment of any municipal employees
to effectuate and administer such law.
A.
No person(s) shall receive any of the building, grading or other
land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Town of Ogden.
B.
Unless specifically excluded by this article, any landowner or operator
desiring approval or a permit for a land disturbance activity shall
comply with all applicable provisions of this article and shall submit
all required plans, documentation and information as required under
this article to the Town of Ogden for review and approval.
C.
Unless otherwise accepted by this article, the following items shall
be submitted prior to the issuance of a permit or site plan approval:
E.
The SWPPP and all other documents required by this article must be
reviewed by the Town of Ogden to ensure that established water quality
standards will be maintained after development of the site and that
post-construction runoff levels are consistent with any local and
regional watershed plans. Information shall be submitted as a single,
logical package, with all information bound together.
A.
All person(s) shall comply with the requirements of this article,
unless a written request is filed to waive the requirements in part
or whole for land disturbance activities that disturb less than one
acre of land. Requests to waive any requirements of this article shall
be submitted to the Town of Ogden for approval.
B.
The minimum requirements for stormwater management may be waived
in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development is not likely
to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater pollution prevention
plan that has been approved by the Town of Ogden, and the implementation
of the plan is required by local law. These practices are encouraged
in order to minimize the reliance on structural practices. Credit
in the form of reductions in the amount of stormwater that must be
managed can be earned through the use of nonstructural practices that
reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is
equal to or greater than that which would be afforded by on-site practices
and there is a legally obligated entity responsible for long-term
operation and maintenance of the stormwater practice.
(4)
The Town of Ogden finds that meeting the minimum on-site management
requirements is not feasible due to the natural or existing physical
characteristics of a site.
C.
In instances where one of the conditions above applies, the Town
of Ogden may grant a waiver from strict compliance with these stormwater
management provisions, as long as acceptable mitigation measures are
provided. However, to be eligible for a variance, the applicant must
demonstrate to the satisfaction of the Town of Ogden that the variance
will not result in the following impacts to downstream waterways:
D.
Furthermore, where compliance with minimum requirements for stormwater
management is waived, the applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Town of
Ogden. Mitigation measures may include, but are not limited to, the
following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (see § 242-21B, Dedication or easement of land, below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.
(2)
The creation of a stormwater management facility or other drainage
improvements on previously developed properties, public or private,
that currently lack stormwater management facilities designed and
constructed in accordance with the purposes and standards of this
article.
E.
No waivers or mitigation plans will be considered for land disturbance
activity that disturbs one acre or greater of land.
A.
Fee in lieu of. Where the Town of Ogden waives all or part of the
minimum stormwater management requirements, or where the waiver is
based on the provision of adequate stormwater facilities provided
downstream of the proposed development, the applicant shall be required
to pay a fee in an amount as determined by the Town of Ogden. All
monetary contributions shall be made to a dedicated fund for stormwater
management activities. The fee structure shall be based on the cubic
feet of storage required for stormwater management of the development
in question. All of the monetary contributions shall be made by the
applicant prior to the issuance of any permit or approval for the
development.
B.
Dedication or easement of land. In lieu of a monetary contribution,
an applicant may obtain a waiver of the required stormwater management
by entering into an agreement with the Town of Ogden for the granting
of an easement or the dedication of land by the applicant, to be used
for the construction of an off-site stormwater management facility.
The agreement shall be entered into by the applicant and the Town
of Ogden prior to the recording of plats or, if no record plat is
required, prior to the issuance of the permit.
A.
The applicant shall consult the Town of Ogden's design criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this §§ 242-22 and 242-23 of this article, and the SWPPP shall be prepared by a licensed/engineer professional.
B.
The following design and performance criteria shall be addressed
for stormwater management at all sites:
(1)
All site designs shall establish stormwater management practices
to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize previous areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed,
the impact of the proposal on wetland functional values shall be assessed
using a method acceptable to the Town of Ogden. In no case shall the
impact on functional values be any greater than that allowed by the
Army Corp of Engineers (COE) or the NYSDEC responsible for natural
resources.
(3)
An attempt shall be made to maintain annual groundwater recharge
rates, by promoting infiltration through the use of structural and
nonstructural methods. At a minimum, an attempt shall be made for
annual recharge from the post-development site to mimic the annual
recharge from pre-development site conditions.
(4)
In order to protect stream channels from degradation, a specific
channel protection criteria shall be provided as prescribed in the
Town of Ogden's design criteria and/or the New York State Stormwater
Management Design Manual.
(5)
Stormwater discharges to critical areas with sensitive resources
may be subject to additional performance criteria or may need to utilize
or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots," may require the use of specific
structural stormwater treatment practices and pollution prevention
practices.
(7)
Prior to design, applicants are required to consult with the Town
of Ogden to determine if they are subject to additional stormwater
design requirements.
(8)
The calculations for determining peak flows (WQv) as found in the
New York State Stormwater Management Design Manual shall be used for
sizing all stormwater management practices.
A.
An SWPPP is required as part of the compliance with this article.
This plan must be prepared by a qualified professional and must indicate
whether stormwater will be managed on site or off site and, if on
site, the general location and type of practices and shall also include
sufficient information (e.g., maps, hydrologic calculations, etc.)
to evaluate the environmental characteristics of the project site,
the potential impacts of all proposed development of the site, both
present, and future, on the water resources, and the effectiveness
and acceptability of the measures proposed for managing stormwater
generated at the project site. The plan must be signed by a New York
State licensed professional engineer (PE), who will verify that the
design of all stormwater management practices meet the submittal requirements
outlined in the New York State Stormwater Management Design Manual.
No building or grading permit or site plan approval shall be issued
until a satisfactory stormwater pollution prevention plan, or a waiver
thereof, has undergone a review and been approved by the Town of Ogden
after determining that the plan or waiver is consistent with the requirements
of this article.
B.
The applicant shall employ a "responsible individual," as defined in § 242-15 of this article, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town of Ogden within five days after the month's end.
C.
All SWPPPs shall provide the following information:
(2)
Description of each post-construction stormwater management practice.
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
The map(s) will also clearly show proposed land use with tabulation
of the percentage of surface area to be adapted to various uses. A
written description of the site plan and justification of proposed
changes in natural conditions may also be required.
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms,
including calculations such as a description of the design storm frequency,
intensity and duration; time of concentration; soil curve numbers
or runoff coefficients; peak runoff rates and total runoff volumes
for each watershed area; infiltration rates, where applicable; culvert
capacities; flow velocities; data on the increase in rate and volume
of runoff for the design storms referenced in the New York State Stormwater
Management Design Manual; and documentation of sources for all computation
methods and field test results.
(5)
Comparison of post-development stormwater runoff conditions with
pre-development conditions.
(6)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice.
(7)
The design and planning of all stormwater management facilities shall
include detailed maintenance and repair procedures, including a schedule
to ensure their continued function. These plans will identify the
parts or components of a stormwater management facility that need
to be maintained and the equipment and skills or training necessary.
Provisions for the periodic review and evaluation of the effectiveness
of the maintenance program and the need for revisions or additional
maintenance procedures shall be included in the plan.
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 242-24 of this article for additional information.
(9)
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 242-24 of this article for additional information.
(10)
The SWPPP shall be prepared by a qualified professional, and
the final plan must be signed by a New York State licensed professional
engineer, who shall certify that the design of all stormwater management
practices meets the requirements in this article.
(11)
A written or graphic inventory of the natural resources at the
site and surrounding area as it exists prior to the commencement of
the project and a description of the watershed and its relation to
the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands, and other native
vegetative areas on the site. Particular attention should be paid
to environmentally sensitive features that provide particular opportunities
or constraints for development.
(12)
The Town of Ogden may also require a concept plan to consider
the maximum development potential of a site under existing zoning,
regardless of whether the applicant presently intends to develop the
site to its maximum potential.
(13)
The applicant must present a detailed plan for management of
vegetation at the site after construction is finished, including who
will be responsible for the maintenance of vegetation at the site
and what practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be prepared by a registered landscape
architect or by the soil and water conservation district and in compliance
with landscaping specifications outlined in the New York State Stormwater
Management Design Manual.
(14)
The applicant shall assure that all other applicable environmental
permits have been acquired for the site prior to approval of the final
stormwater design plan.
A.
Maintenance easement. The applicant or owner of the site must execute
a maintenance easement agreement that shall be binding on all subsequent
owners of land served by the stormwater management facility. The agreement
shall provide for access to the facility at reasonable times for periodic
inspection by the Town of Ogden, or its contractor or agent, to ensure
that the facility is maintained in proper working condition to meet
design standards and any other provisions established by this article
and to, if necessary, implement emergency repairs to protect the health,
safety and welfare of the public. The easement dimensions shall be
as directed by the Town of Ogden, and the easement agreement shall
be recorded in the office of the County Clerk, with a copy provided
to the Town of Ogden.
B.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes
as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
C.
Maintenance agreements.
(1)
The maintenance and proper operation of all privately owned stormwater
management facilities, including nonstructural practices, shall be
ensured through the creation of a formal and enforceable maintenance
agreement that must be approved by the Town of Ogden and recorded
in the office of the County Clerk as a deed restriction on the property
prior to final plan approval. This agreement will include any and
all maintenance easements required to access and inspect the stormwater
management practices and will outline the procedures and schedule
to be followed to perform routine maintenance as necessary to ensure
proper functioning of the stormwater management practice. In addition,
the legally binding agreement shall identify the parties responsible
for the proper maintenance of all stormwater treatment practices and
include plans for periodic inspections by the owners, or their designated
agent, to ensure proper performance of the facility. The maintenance
agreement shall be consistent with the terms and conditions of the
"stormwater control facility maintenance agreement."
(2)
The Town of Ogden, in lieu of a maintenance agreement, may accept
dedication of any existing or future stormwater management facility
for maintenance, provided that such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
D.
Requirements of maintenance agreements. All stormwater management
facilities must undergo, at the minimum, an annual inspection to document
maintenance and repair needs to ensure compliance with the requirements
of this article and accomplishment of its purposes. These needs may
include removal of silt, litter and other debris from all catch basins,
inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation. Any maintenance needs
found must be identified in writing, along with the schedule and methods
to be employed to complete the maintenance. The maintenance repairs
and restoration schedule are to be approved by the Town of Ogden prior
to commencing the work, and the Town of Ogden shall inspect the facility
upon completion of the work. The inspection and maintenance requirement
may be increased by the Town of Ogden as deemed necessary to ensure
proper functioning of the stormwater management facility.
E.
Records of installation and maintenance activities. Parties responsible
for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and
repairs and shall retain the records for at least five years. These
records shall be made available to the Town of Ogden during inspection
of the facility and at other reasonable times upon request.
F.
Maintenance guarantees for privately owned stormwater facilities.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the applicant or by a corporation
that owns or manages a commercial or industrial facility, the applicant,
prior to construction, may be required to provide the Town of Ogden
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 Town of Ogden acknowledges compliance with all details
of the approved site plan. If the applicant or landowner fails to
properly operate and maintain stormwater management and erosion and
sediment control facilities, the Town of Ogden may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs, until the Town of Ogden acknowledges
compliance with all details of the approved site plan.
A.
The Town of Ogden or designated agent shall make inspections at any
reasonable time for purposes of inspecting the construction of the
stormwater management facilities. Inspections may include but are
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 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.
The applicant must notify the Town of Ogden in advance before the
commencement of construction. If any violations are found, the property
owner shall be notified of the nature of the violation and the required
corrective actions. No added work shall proceed until any violations
are corrected and all work previously completed has received approval
by the Town of Ogden.
B.
Furthermore, when any new drainage control facility is installed
on private property, or when any new connection is made between private
property and a public drainage control system, or combined sewer,
the property owner shall grant to the Town of Ogden the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection. This includes the right to enter a property
when it has a reasonable basis to believe that a violation of this
article is occurring or has occurred and to enter when necessary for
abatement of a public nuisance or correction of a violation of this
article.
All applicants are required to submit actual as-built plans
for any stormwater management practices 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 New York State licensed professional engineer. A final inspection
by the Town of Ogden is required before the release of any performance
securities can occur.
All applicants are responsible for maintaining the grading of
the site so that it is consistent with the certified as-built plans.
Any post-construction alterations to the landscape shall receive prior
approval from the Town of Ogden. Temporary landscape alterations,
such as those associated with utility excavations and landscaping
activities, must be restored to conditions that are consistent with
the certified as-built plans.
A.
Failure to maintain practices. If a responsible party fails or refuses
to meet the requirements of the maintenance agreement, the Town of
Ogden, after reasonable notice, may correct a violation of the design
standards or maintenance needs by performing all necessary work to
place the facility in proper working condition. In the event that
the stormwater management facility becomes a danger to public safety
or public health, the Town of Ogden shall notify the party responsible
for maintenance of the stormwater management facility in writing.
Upon receipt of that notice, the responsible person shall have five
days to effect maintenance and repair of the facility in an approved
manner. After proper notice, the Town of Ogden may assess the owner(s)
of the facility for the cost of repair work and any penalties, and
the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes by the county.
B.
Violations. Any development activity that is commenced or is conducted
contrary to this article may be restrained by injunction or otherwise
abated in a manner provided by law.
C.
Notice of violation. When the Town of Ogden determines that an activity
is not being carried out in accordance with the requirements of this
article, it shall issue a written notice of violation to the owner
of the property. The notice of violation shall contain:
(1)
The name, address and phone number of the owner or applicant.
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the development
activity into compliance with this article, and a time schedule for
the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
D.
Stop-work orders. Persons receiving a notice of violation will be
required to halt all construction and/or maintenance activities. This
stop-work order will be in effect until the Town of Ogden confirms
in writing that the activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this article.
E.
Civil and criminal penalties. In addition to or as an alternative
to any penalty provided herein or by law, any person who violates
the provisions of the article shall be subject to a fine not exceeding
$350 or imprisonment for a period not to exceed 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 article
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.
Holds on occupation permits. Occupation permits may not be granted
until corrections to all stormwater management practices have been
made and accepted by the Town of Ogden.
Fees payable to the Town of Ogden for application, review, approval
and implementation of this article shall be paid by the applicant
as such fees are established by the Town Board annually.
The Town of Ogden may, at its discretion, require the submittal
of a performance security or bond prior to approval in order to insure
that the stormwater practices are installed as required by the approved
stormwater pollution prevention plan. The amount of the installation
performance security shall be the total estimated construction cost
of the stormwater management practices approved by the Town of Ogden,
plus 25%. The performance security shall contain forfeiture provisions
for failure to complete work specified in the stormwater pollution
prevention plan. The installation performance security shall be released
in full only upon submission of as-built plans and written certification
by a New York State licensed professional engineer that the stormwater
practice has been installed in accordance with the approved plan and
other applicable provisions of this article. The Town of Ogden will
make a final inspection of the stormwater practice to ensure that
it is in compliance with the approved plan and the provisions of this
article. Provisions for a partial pro rata release of the performance
security based on the completion of various development stages can
be done at the discretion of the Town of Ogden.
