In accordance with Article 9 of the Town Law and the Municipal
Home Rule Law of the State of New York, the Town Board of the Town
of Richmond has the authority to enact local laws for the purpose
of promoting the health, safety or general welfare of the Town, including
the protection and preservation of the property of its inhabitants
and roads. By the same authority, the Town Board may include in any
such local laws, provision for the appointment of municipal officers
or employees to enforce and administer such local laws. The Town may
also, at its discretion, enter into an agreement for service with
the Ontario County Soil and Water Conservation District for stormwater
management, soil erosion and sediment control.
A.
In order that site preparation and construction activities may be
in conformance with the provisions of this chapter, this chapter is
hereby adopted and shall be known and may be cited as the "Stormwater
Management, Soil Erosion and Sedimentation Control Local Law of the
Town of Richmond."
B.
Upon the filing of this chapter by the Secretary of State, all site
preparation and construction activities requiring a permit under this
chapter shall be in conformance with the provisions set forth herein.
It is the purpose of this chapter to protect public health,
safety and welfare in the Town of Richmond by regulating site preparation
and construction activities, including but not limited to excavation,
filling, grading and stripping, so as to prevent problems related
to soil erosion, sedimentation or drainage, and preventing large erosion
from freshets. In relation to this purpose, this chapter is intended
to:
A.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit
for construction activities, or as amended or revised.
B.
Minimize stormwater runoff and soil erosion from land development
activities in order to reduce flooding, siltation and stream bank
erosion and maintain the integrity of stream channels.
C.
Minimize increases in soil erosion caused by stormwater runoff from
land development activities which would degrade Honeoye Lake water
quality.
D.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
E.
Reduce stormwater runoff rates, volumes and soil erosion wherever
possible, through stormwater management practices, and to ensure that
these management practices are properly maintained to eliminate threats
to public safety and health.
F.
Preserve the quality of the natural environment from such adverse
effects from pollution to Honeoye Lake and watercourses, from silt
or other materials from stormwater-related events. Examples of stormwater
erosion and pollutants include but are not limited to nutrients such
as phosphorus and nitrogen that promote the overgrowth of algae, deplete
oxygen in the lake and be harmful to other aquatic life.
G.
Honeoye Lake has been placed on the New York State Department of
Environmental Conservation's 303(d) Priority Waterbody List,
threatened due to water supply concerns relating to nutrient loading
from stormwater runoff.
H.
Ensure that site preparation and construction are consistent with
the Comprehensive Plan of the Town of Richmond.
I.
Encourage the use of green infrastructure practices to control stormwater
runoff, such as protecting natural areas, reducing impervious cover,
and runoff reduction techniques, to the maximum extent practicable.
J.
Protect the Town of Richmond and other governmental bodies from having
to undertake, at public expense, programs of repairing roads, flood
protection and other public infrastructure.
As used in this chapter, the following terms shall have the
meanings indicated:
See § 200-7.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A licensed architect, a licensed engineer, a licensed landscape
architect, or an International Erosion Control Association (IECA)
certified professional in erosion and sediment control.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
Any physical alteration of a site or area, including, but
not limited to, providing access to a site, the clearing of vegetation,
grading, earthmoving, altering landforms, or construction of a structure
on the land. Includes land development activity 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 (e.g., subdivision).
The wearing away of the land surface by the action of wind,
water, gravity or other natural forces.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
A sudden overflow of a stream or any watercourses resulting
from a heavy rain or a thaw.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
The Honeoye Lake Watershed shall consist of all land, south
of U.S. Route 20A, within the Town of Richmond, abutting Honeoye Lake
or any tributary, gulley, stream, and watercourses which carry runoff
and sedimentation into Honeoye Lake. The most recent U.S. Geological
Survey (USGS) series topographical maps for the Honeoye and Honeoye
Lake quadrangles will be used to determine which properties affected
by this chapter. The topographical map will be available to the public
to view.
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, but not including
agricultural land uses such as the planting, growing, cultivating
and harvesting of crops; the growing and tending of gardens; the harvesting
of trees; and landscaping modifications.
The mean high-water mark for Honeoye Lake is 803.5 feet above
sea level.
Pollution from any source other than from discernible, confined
and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and runoff sources.
A general information source available for the Stormwater
Management Officer to determine property lines and official watercourses.
ONCOR is a cooperative project between the Ontario County Planning
Department, Real Property Tax, Information Services, and the County
Clerk's office.
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
A drawing or sketch prepared by the applicant or his/her
agent that identifies pre-development and post-development conditions
on a site and outlines the erosion control measures to be used. The
plan shall substantially follow Appendix E (Erosion and Sediment Control
Plan for Small Home Site Construction) of the New York Standards and
Specifications for Erosion and Sediment Control.
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.
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.
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.
The landscape features on both sides of a stream, including
soils, slope and vegetation, whose alteration can directly impact
the stream's physical characteristics and biological properties.
A plan for controlling runoff and reducing erosion from a
site during and after construction activities.
An employee from the contracting (construction) company who
has received four hours of New York State Department of Environmental
Conservation-endorsed training in proper erosion and sediment control
principles. After receiving the initial training, the trained contractor
shall receive four hours of training every three years. It can also
mean an employee from the contracting (construction) company that
meets the qualified inspector qualifications.
Public and private services, including, but not limited to,
public water and sewer connection, private wells and septic systems,
and telephone, natural gas, electric, and cable television services.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
