[HISTORY: Adopted by the Board of Trustees of the Village
of Chestnut Ridge as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-6-2006 by L.L.
No. 1-2006]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Chestnut Ridge
through the regulation of nonstormwater discharges to the municipal
separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and New York State law. This article establishes
methods for controlling the introduction of pollutants into the MS4
in order to comply with requirements of the SPDES General Permit for
Municipal Separate Storm Sewer Systems. The objectives of this article
are:
A.Â
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B.Â
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.Â
To prohibit illicit connections, activities and discharges to the
MS4;
D.Â
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.Â
To promote public awareness of the hazards involved in the improper
storage and/or discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment, snow and ice control materials,
and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have meanings set forth below:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYS DEC
as required by Section 303(d) of the Clean Water Act.[1] Section 303(d)-listed waters are estuaries, lakes and
streams that fall short of state surface water quality standards and
are not expected to improve within the next two years.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
Best management practices also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised and any land disturbance requiring a municipal,
New York State, or federal permit. These activities include construction
projects resulting in land disturbance. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any person who owns or is in control of real or personal
property that discharges, directly or indirectly, any material into
the MS4.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyances which allow any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 243-4 of this article.
A facility, including septics, cesspools and similar facilities,
serving one or more parcels of land or residential households, or
a private, commercial or institutional facility, that treats sewage
or other liquid wastes for discharge into the groundwaters of New
York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
Municipal Separate Stormwater Sewer System.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
The Village of Chestnut Ridge.
Any discharge to the MS4 that is not composed entirely of
stormwater. This includes any pollutants, as well as but not limited
to trash, yard waste, or pet waste.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity owning the property or having control
of the property.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, soil and industrial, municipal,
agricultural waste and ballast discharged into water or any substance
which may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips
and all chattel.
An employee, the municipal engineer or other public official(s)
designated by the Village of Chestnut Ridge to enforce this article.
The SMO may also be 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 and designate
certain responsibilities pursuant to this article to other employees
or agents of the municipality.
General Permit for Stormwater Discharges from Construction
Activity GP-02-01. 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 operators of small municipal separate stormwater
sewer systems (MS4s) to authorize them to discharge to waters of the
United States in accordance with the conditions and requirements set
forth within the Permit GP-02-02.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to waters of the state.
Discharge compliance with water quality standards. The condition
that applies where a municipality has been notified by NYS DEC that
the discharge of stormwater authorized under its MS4 permit may have
caused or has the reasonable potential to cause or contribute to the
violation of an applicable water quality standard. Under this condition,
the municipality must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality
standards.
303(d)-listed waters. The condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d)-listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)-listed
water.
TMDL (total maximum daily load) strategy. The condition in the
municipality's MS4 permit where a TMDL, including requirements
for control of stormwater discharges, has been approved by EPA for
a water body or watershed into which the MS4 discharges. If the discharge
from the MS4 did not meet the TMDL stormwater allocations prior to
September 10, 2003, the municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition the municipality
must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the municipality must, within six months
of the TMDL's approval, modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
Rainwater, snowmelt, drainage and uncontaminated groundwater.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
[1]
Editor's Note: See 33 U.S.C. § 1313(d).
The stormwater management officer(s) [SMO(s)] shall administer,
implement, and enforce the provisions of this article.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge prohibitions established
by this article, unless the NYS DEC or the municipality has determined
them to be contributors of pollutants which could negatively impact
water quality: waterline flushing or other potable water sources;
landscape irrigation or lawn watering; existing diverted stream flows;
rising groundwater; groundwater infiltration to storm drains; pumped
groundwater, foundation or footing drains; crawl space or basement
sump pumps; air-conditioning condensate; irrigation water; springs;
water from individual residential car washing; natural riparian habitat
or wetland flows; dechlorinated/debrominated swimming pool, spa and
pond discharges; residential street, driveway, home or deck wash water;
water from firefighting activities; and any other water source not
containing pollutants. Such exempt discharges shall be allowed only
if uncontaminated.
(2)Â
Discharges approved, in writing, by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)Â
Dye testing in compliance with applicable state and local laws is
an allowable discharge, but requires a written notification to the
SMO prior to the time of the test.
(4)Â
Any discharge permitted under an SPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the NYS DEC, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been
granted for any discharge to the MS4. The discharger shall be required
to file a copy of said written approval with the MS4 prior to the
discharge.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of any
illicit connections to the MS4 is prohibited.
(2)Â
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
No persons shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A "failing
individual sewage treatment system" is a system which has one or more
of the following conditions:
A.Â
The backup of sewage into a structure.
B.Â
Discharges of treated or untreated sewage onto the ground surface.
C.Â
A connection or connections to a separate stormwater sewer system.
D.Â
Liquid level in the septic tank above the outlet invert.
E.Â
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
F.Â
Contamination of off-site groundwater that can reasonably be attributed
to the individual sewage treatment system.
B.Â
Such activities include failing individual sewage treatment systems as defined in § 243-5, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.Â
Upon notification to a person that he or she is engaged in activities
that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES
permit authorization.
A.Â
Best management practices. Where the SMO has identified illicit discharges as defined in § 243-2 or activities contaminating stormwater as defined in § 243-6, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)Â
The owner or operator of a commercial or industrial establishment
shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs, and shall keep and maintain
records and logs of the inspection and maintenance of the BMPs, and
make available for inspection by the MS4 for a period of three years.
(2)Â
Any person responsible for a property which is, or may be, the source of an illicit discharge or an activity contaminating stormwater as defined in § 243-6 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4, including the recordkeeping requirements described in Subsection A(1).
(3)Â
Compliance with all terms and conditions of a valid SPDES permit
authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section.
B.Â
Individual sewage treatment systems. Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 243-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)Â
Maintain and operate individual sewage treatment systems as follows:
(a)Â
Inspect the septic tank annually to determine scum and sludge
accumulation. Septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee.
(b)Â
Avoid the use of septic tank additives.
(c)Â
Avoid the disposal of excessive quantities of detergents, kitchen
wastes (including oil and grease), laundry wastes, and household chemicals;
and
(d)Â
Prohibit the disposal of cigarette butts, disposable diapers,
sanitary napkins, trash and other such items.
(e)Â
Most tanks should be pumped out every two to three years. However,
pumping may be more or less frequent depending on use. Inspection
of the tank for cracks, leaks and blockages should be done by the
septage hauler at the time of pumping of the tank contents.
(2)Â
Repair or replace individual sewage treatment systems as follows:
(a)Â
In accordance with 10 NYCRR Appendix 75A and Article IV of the
Rockland County Sanitary Code.
(b)Â
A professional engineer licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)Â
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system. A written certificate of approval
shall be issued by the Rockland County Health Department after inspection
of the construction of the repair or replacement system.
Illicit discharges in emergency situations.
A.Â
If it is necessary for the SMO to take action, the SMO may, without
prior notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
to the health or welfare of persons, or to the MS4. The SMO shall
notify the person of such suspension within a reasonable time thereafter,
in writing, of the reasons for the suspension. If the person fails
to comply with a suspension order issued in an emergency, the SMO
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or to minimize danger to persons. All costs and expenses
incurred by the SMO to remedy the situation, including proper disposal,
shall be assessed to the owner of the property. If the property owner
fails to pay same, it may become a lien against the property, subject
to a hearing a minimum of 10 days prior to the imposition of the tax
lien.
B.Â
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMO will notify such person, in
writing, of the proposed termination of its MS4 access and the reasons
therefor. The person may petition the SMO for a reconsideration and
hearing. Access may be granted by the SMO if he/she finds that the
illicit discharge has ceased and the person has taken steps to prevent
its recurrence. Access may be denied if the SMO determines, in writing,
that the illicit discharge has not ceased or is likely to recur. A
person commits a violation if the person reinstates MS4 access to
property terminated pursuant to this section without the prior approval
of the SMO.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit shall be required
by the municipality in a form acceptable to the NYS DEC prior to the
allowing of discharges to the MS4.
A.Â
The SMO or his/her designee shall be permitted to enter and inspect
all properties subject to regulation under this article as often as
may be necessary to determine compliance with this article. If a person
has security measures in force that require proper identification
and clearance before entry into its premises, the person shall make
the necessary arrangements to allow access to the SMO.
B.Â
All persons shall allow the SMO ready access to all parts of the
property for the purposes of inspection, sampling, examination and
copying of records as may be required to implement this article.
C.Â
The municipality shall have the right to set up on any property subject
to this article such devices as are necessary, in the opinion of the
SMO, to conduct monitoring and/or sampling of the property's
stormwater discharge.
D.Â
The municipality has the right to require the properties subject
to this article to install monitoring equipment as is reasonably necessary
to determine compliance with this article. The property's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the person at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated
to ensure their accuracy.
E.Â
Unreasonable delays in allowing the municipality access to a property
subject to this article is a violation of this article. A person who
is the operator of a property subject to this article commits an offense
if the person denies the municipality reasonable access to the property
for the purpose of conducting any activity authorized or required
by this article.
F.Â
If the SMO has been refused access to any part of the property from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a property or operation, or responsible for emergency
response for a property or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies, the municipality, and the responsible MS4 of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the municipality and responsible
MS4 in person or by telephone or facsimile no later than the next
business day. Notifications in person or by telephone shall be confirmed
by written notice addressed and mailed to the municipality within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
A.Â
Notice of violation. When the municipality's SMO finds that
a person has violated a prohibition or failed to meet a requirement
of this article, the SMO may order compliance by written notice of
violation by certified mail and/or posting of the property to the
responsible person. Such notice may require without limitation:
(1)Â
The elimination of illicit connections or discharges;
(2)Â
That violating discharges, practices, or operations shall cease and
desist;
(3)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(4)Â
The performance of monitoring, analyses, and reporting;
(5)Â
Payment of a fine and reimbursement of any costs and/or expenses
incurred by the municipality relating to the violation;
(6)Â
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property is required,
the notice shall set forth a deadline within which such remediation
or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator; and
(7)Â
The municipality shall also have the right to issue an appearance
ticket for said violation.
B.Â
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed 15 days, or both
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $2,500 or imprisonment
for a period not to exceed 15 days, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $2,500
nor more than $5,000 or imprisonment for a period not to exceed 15
days, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article
shall be deemed offenses. Each week's continued violation shall
constitute a separate additional offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person receiving a notice of violation may appeal the determination
of the SMO to the Board of Trustees within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the
appeal and, within five days of making its decision, file its decision
in the office of the municipal clerk and mail a copy of its decision
by certified mail to said person.
A.Â
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within five business days of the decision of the municipal authority
upholding the decision of the SMO, then the SMO may request the person's
permission for access to the subject property to take any and all
measures reasonably necessary to abate the violation and/or restore
the property. The cost of implementing and maintaining such measures
shall be the sole responsibility of the person.
B.Â
If refused access to the subject property, the SMO may seek a warrant
in a court of competent jurisdiction to be authorized to enter upon
the property take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing
and maintaining such measures shall be the sole responsibility of
the person.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the SMO may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
A.Â
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a penalty, upon recommendation
of the Village of Chestnut Ridge Attorney and concurrence of the SMO,
where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
[Adopted by L.L. No. 6-2007]
The Board of Trustees hereby determines that:
A.Â
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increases stormwater runoff rates and volumes, flooding, stream channel
erosion or sediment transport and deposit;
B.Â
This stormwater runoff contributes to increased qualities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality and adjoining municipalities;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will reduce threats to public health and safety;
I.Â
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
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 and to address the findings of fact set forth in § 243-19 above. This article seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures four and five of the SPDES
General Permit for Stormwater Discharges from municipal separate stormwater
sewer systems (MS-4s);
B.Â
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, GP02-01;
C.Â
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;
D.Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable;
F.Â
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.
This article shall apply to all land development activities as defined in § 243-23 of this article.
The following activities are exempt from the requirements of
this article:
B.Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of the facility;
C.Â
Repairs to any stormwater management practice or facility deemed
necessary by the stormwater management officer;
D.Â
Any part of a subdivision if a plat for the subdivision has been
approved by the Village of Chestnut Ridge Planning Board on or before
the effective date of this article;
E.Â
Land development activities for which a building permit has been
approved on or before the effective date of this article;
F.Â
Cemetery graves;
G.Â
Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles;
H.Â
Emergency activity immediately necessary to protect life, property
or natural resources as determined by the stormwater management officer;
I.Â
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his/her family;
J.Â
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this article or in documents prepared or reviewed
pursuant to this article shall have the following meanings:
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 natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
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.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
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.
Activity including clearing, grading, excavating, soil disturbance
or placement of fill that results in land disturbance of equal to
or greater than one acre (or activities disturbing less than one acre
of total land area that is part of a larger common plan of development
or sale, even though multiple separate and distinct land development
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 legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The New York State Department of Environmental Conservation.
Sediment 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.
A certified professional in erosion and sediment control
(CPESC), professional engineer (PE), registered landscape architect
and/or soil scientist.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
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 specific stormwater control standards.
The use of practices that prevent exposed soil from eroding.
Rainwater, surface runoff, snowmelt and drainage.
A land use 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.
An employee, officer or agent 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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters) which are wholly or partially within
or bordering the state or within its jurisdiction.
Any permanent or intermittent natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully or ravine, in and including any area adjacent thereto, in which
water normally flows.
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 condition,
commonly known as "hydrophytic vegetation."
No application for approval of a land development activity shall
be reviewed until the Chestnut Ridge Planning Board or the Building
Inspector, as the case may be, has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the requirements
of this article. All SWPPPs shall contain the following:
A.Â
Background information about the scope of the project, including
location, type and size of project;
B.Â
Site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map should show the total site
area, all improvements with dimensions, areas of proposed 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, existing and
final slopes, locations of off-site material, waste or equipment storage
areas, and locations of the stormwater discharges. The site map shall
be at a scale no smaller than 1 = 100;
C.Â
Description of the soils present at the site;
D.Â
Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance. Consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
E.Â
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.Â
Description of all 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.Â
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project closeout;
H.Â
A site map/construction drawing(s) specifying the location, size
and length of each erosion and sediment control practice;
I.Â
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
J.Â
Temporary practices that will be converted to permanent control measures;
K.Â
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
L.Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
M.Â
Name(s) of the receiving water(s);
N.Â
Delineation of SWPPP implementation responsibilities for each part
of the site;
O.Â
Description of structural practices designed to divert flows from
exposed soils, store flows, or otherwise limit runoff and the discharge
of pollutants from exposed areas of the site to the degree attainable;
P.Â
Any existing data that describes the stormwater runoff at the site;
Q.Â
A statement that all other applicable permits have been or will be
acquired for the land development activity prior to approval of the
final stormwater design plan.
A.Â
If a land development activity meets Conditions A, B or C as hereinafter set forth, the SWPPP shall also include water quality and water quantity controls (post-construction stormwater runoff controls) in accordance with Subsection B below:
(1)Â
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
NYSDEC 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)Â
Condition B: stormwater runoff from land development activities disturbing
five or more acres;
(3)Â
Condition C: stormwater runoff from land development activity disturbing
between one and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties.
B.Â
Stormwater pollution prevention plan (SWPPP) requirements for Condition
A, B or C:
(2)Â
Description of each post-construction stormwater management practice;
(3)Â
Site map/construction drawings showing the specific location and
size of each post-construction stormwater management practice;
(4)Â
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(5)Â
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(6)Â
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(7)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(8)Â
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
(9)Â
Inspection and maintenance agreement binding on all subsequent landowners
served by the on-site stormwater management measures in accordance
with this article;
(10)Â
For Condition A, the SWPPP shall be prepared by a landscape
architect, a certified professional in erosion and sediment control
(CPESC) or professional engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meet the requirements of this article.
C.Â
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the Stormwater Pollution Prevention Plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards." The certification shall
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 statements shall become part of the SWPPP
for the land development activity.
All land development activities shall be subject to the following
performance and design criteria:
A.Â
Stormwater management practices that are designed and constructed
in accordance with the following technical documents shall be presumed
to meet the standards imposed by this article.
(1)Â
The New York State Stormwater Design Manual (New York State Department
of Environmental Conservation, most current version or its successor,
hereinafter referred to as the "Design Manual");
(2)Â
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.Â
Where stormwater managements are not in accordance with the above technical standards, the applicant or developer shall demonstrate equivalence to the technical standards set forth in Subsection A above, and the SWPPP shall be prepared by a licensed professional.
C.Â
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 (6 NYCRR Part 703.2).
A.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development activity or their
representative shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances)
which are installed or used by the applicant or developer to achieve
compliance with the conditions of this article. Sediment shall be
removed from sediment traps or sediment ponds whenever their design
capacity has been reduced by 50%.
(2)Â
For land development activities meeting Condition A, B or C as set forth in § 243-25A, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or more often as required by the stormwater management officer and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)Â
The applicant or developer or their representative shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices.
B.Â
Maintenance easements. Prior to issuance of any approval that has
a stormwater management facility as one of the requirements, the applicant
or developer shall execute a maintenance easement that shall be binding
on all subsequent landowners served by the stormwater management facility.
The easement shall provide for access to the facility for periodic
inspection by the Village of Chestnut Ridge to ensure that the facility
is maintained in proper working condition to meet design standards
and any other provisions established by this article. The easement
shall be recorded by the grantor in the office of the County Clerk
after approval by the Village Attorney. This easement shall not impose
any obligation on the Village of Chestnut Ridge to maintain or repair
the stormwater management facility.
C.Â
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure they are operated and maintained to achieve the
goals of this article. Proper operation and maintenance also includes,
at a minimum, the following:
(1)Â
A preventive/corrective maintenance program for all facilities and
systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this article;
(2)Â
Written procedures for operation and maintenance and training of
maintenance personnel;
D.Â
Maintenance agreements. The Village of Chestnut Ridge shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of this article and approved by the Village
Attorney. In lieu of a maintenance agreement, the Village may, in
its sole discretion, accept dedication of any existing or future stormwater
management facility, provided 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,
A.Â
Construction inspection.
(1)Â
The Village stormwater management officer may require such inspections
as necessary to determine compliance with this article and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this article
and the approved SWPPP. To obtain inspections, the applicant shall
notify the Village stormwater management officer at least 48 hours
before any of the following as required by the stormwater management
officer:
(a)Â
Start and/or resumption of construction;
(b)Â
Installation of sediment and erosion control measures;
(c)Â
Completion of site clearing;
(d)Â
Completion of rough grading;
(e)Â
Completion of final grading;
(f)Â
Close of the construction season;
(g)Â
Completion of final landscaping;
(h)Â
Establishment of landscaping in public areas, if any.
(2)Â
If any violations are found, the applicant and developer shall be
notified, in writing, of the nature of the violation and required
corrective actions. No further work shall be conducted except for
site stabilization until all violations are corrected and all work
previously completed has received approval by the stormwater management
officer.
B.Â
Stormwater management practice inspections. The stormwater management
officer is responsible for conducting inspections of stormwater management
practices (SMPs). All applicants are required to submit as built plans
for any stormwater management practices located on site after final
construction is completed. The plans shall show the final design specifications
for all stormwater management facilities and shall be certified by
a licensed land surveyor.
C.Â
Inspection of stormwater facilities after project completion. Subject
to approval of the stormwater management officer, inspection programs
shall be established on any reasonable basis, including but not limited
to: routine inspections, random inspections, inspections based upon
complaint 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 SIDES 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.
D.Â
Submission of reports. The stormwater management officer may require
monitoring and reporting from entities subject to this article as
are necessary to determine compliance with this article.
E.Â
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Chestnut Ridge the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.Â
In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by
the Village of Chestnut Ridge in its approval of the stormwater pollution
prevention plan, the Village may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow
or irrevocable letter of credit which guarantees satisfactory completion
of the project and names the Village of Chestnut Ridge as beneficiary
in form subject to approval of the Village Attorney. The security
shall be in an amount to be determined by the Village based upon 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 Village, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility has 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 Village.
B.Â
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the developer or by a corporation
that owns or manages a commercial or industrial facility, the developer,
prior to construction, may, if required by the Village of Chestnut
Ridge, provide the Village with an irrevocable letter of credit from
an approved financial institution or surety to guarantee proper operation
and maintenance of all stormwater management and erosion control facilities
both during and after construction and until the facilities are removed
from operation. If the developer or landowner fails to properly operate
and maintain stormwater management and erosion and sediment control
facilities, the Village may draw upon the account to cover the costs
of proper operation and maintenance, including engineering and inspection
costs.
C.Â
The Village may require entities subject to this article to maintain
records demonstrating compliance with this article.
A.Â
When the stormwater management officer determines that a land development
activity is not being carried out in accordance with the requirements
of this article or with the SWPPP, he/she may issue a written notice
of violation to the landowner. The notice of violation shall contain,
at a minimum:
(1)Â
The name and address of the landowner, developer and applicant;
(2)Â
The address and description of the building, structure or land upon
which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring the land
development activity into compliance with this article and a time
schedule for completion of such remedial action;
(5)Â
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)Â
A statement that the determination of violation may be appealed to
the Board of Trustees by filing a written notice of appeal within
15 days after service of the notice of violation.
B.Â
Stop-work orders. The stormwater management officer may issue a stop-work
order for violation of this article. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the SMO 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 or criminal penalties
or injunction in accordance with the enforcement measures authorized
in this article.
C.Â
Penalties.
(1)Â
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a tine not exceeding
$1,000 for conviction of a first offense; not less than $1,000 nor
more than $2,500 or imprisonment not to exceed 15 days or both for
conviction of a second offense within a period of five years; not
less than $2,500 nor more than $5,000 or imprisonment for a period
not to exceed 15 days or both upon conviction for a third or subsequent
offense committed within a period of five years. Violations of this
article shall be deemed offenses. Each week's continued violation
shall constitute a separate additional offense.
(2)Â
In addition to any other penalties provided for herein or in any
law, any person who violates any provision of this article shall be
liable for a civil penalty not to exceed $3,000 for each such violation.
No such penalty shall be imposed until the Board of Trustees has held
a public hearing, upon due notice, and has made a determination that
such violation has occurred and has made findings of fact relating
to said determination. The alleged violator shall have a right to
specification of the charges and to be represented by counsel at such
hearing. Each week such violation shall continue shall be deemed a
separate, distinct and additional offense. Any civil penalty or order
issued by the Board of Trustees shall be reviewable pursuant to Article
78 of the Civil Practice Law and Rules within 30 days after filing
of such penalty or order in the office of the Village Clerk and mailing
a copy thereof to the violator.
D.Â
Restoration. The stormwater management officer may require any violator to restore land to its prior undisturbed condition. In the event that restoration is not undertaken within the time stated in the notice issued pursuant to Subsection A hereinabove, the Village may take necessary corrective action, the cost of which shall become a lien in the nature of a tax lien upon the property until paid. In addition, any fees, penalties or other costs imposed by the Village against the violator in order to obtain compliance with this article shall be assessed against the property in the nature of a tax lien until paid. No such lien shall take effect until the Board of Trustees has held a public hearing upon 10 days' notice to the violator, advising him/her that a lien will be imposed upon the affected property and the amount thereof. The violator shall have an opportunity to appear and give evidence at the public hearing and to be represented by counsel. Any person aggrieved by a decision of the Board of Trustees may appeal such decision to the New York State Supreme Court in an Article 78 proceeding pursuant to the Civil Practice Law and Rules within 30 days after such decision has been filed in the office of the Village Clerk and a copy mailed by regular mail to the violator.
No certificate of occupancy shall be issued for any building
or structure in connection with any land development activity that
is subject to this article unless the SMO has certified that the work
has been installed or conducted in compliance with this article.
The Village of Chestnut Ridge may require any person undertaking
land development activities regulated by this article to pay the costs
for review of SWPPPs, inspections, or SMP maintenance performed by
Village officers or employees or performed by a third party for the
Village. The Village shall determine the amount to be paid by the
said person into an escrow account to be held by the Village. The
costs incurred by the Village shall be reimbursed from the escrow
account. The escrow account shall be replenished by the person undertaking
the land development activity on an as-needed basis.
