[HISTORY: Adopted by the Town Board of the Town of Lansing as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-19-2007 by L.L. No. 6-2007]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be known as "Local Law Number 6 of 2007." Local Law Number 6 of 2007 applies only within those portions of the Town of Lansing, Tompkins County, New York, that are outside of the Village of Lansing. This article should be read in harmony with Article II, Stormwater Management and Erosion Control, of this chapter.
The Town of Lansing believes that many illicit connections, noncompliant discharges and illicit discharges of water and other substances exist within the Town that cause and/or contribute to flooding, pollution, sedimentation, soil loss, and the creation or augmentation of other deleterious conditions that affect the health and welfare of the citizens of the Town of Lansing and those living around and using Cayuga Lake and its tributaries and watersheds. The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Lansing through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4, as defined further below) and to surface waters to the maximum extent practicable as required by federal and 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 include:
To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
To prohibit illicit connections, illicit activities and illicit discharges to the MS4 and to surface waters;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous materials, hazardous waste, sediment and other pollutants into the MS4 and into surface waters.
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 as set forth below:
- 303(D) LIST
- 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 the Department as required by § 303(d) of the Clean Water Act. 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.
- BEST MANAGEMENT PRACTICES or BMPS
- 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; and also including treatment practices, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Activities requiring authorization under the SPDES Permit for Stormwater Discharges from Construction Activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
- The New York State Department of Environmental Conservation.
- HAZARDOUS MATERIALS
- 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, and/or "hazardous materials" as defined under or in relation to any environmental law, rule, regulation or order, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq. and 40 CFR § 302.1 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq. and 40 CFR § 116.1 et seq.), the Superfund Amendment and Reauthorization Act (SARA), the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.), the New York State Environmental Conservation Law, the New York State Navigation Law, and those federal, state and local laws relating to lead-based paint, hydrocarbons, asbestos, flammable materials, explosives, radioactive or nuclear substances, polychlorinated biphenyls, carcinogens, oil and other petroleum products, radon gas, urea formaldehyde, chemicals, gases, solvents, and other pollutants or contaminants that could be a detriment or pose a danger to the environment or to the health or safety of any person, each and all as now exist or as hereafter amended or re-codified, together with and including any other hazardous or toxic materials, wastes and substances which are defined, determined or identified as such in any past, present or future federal, state or local laws, bylaws, rules, regulations, codes, orders or ordinances, or any judicial or administrative interpretation thereof.
- ILLICIT CONNECTIONS
- Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 or surface waters, including, but not limited to:
- A. Any conveyance(s) which allows any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the MS4 or a surface water and any connections to the storm drain system or a surface water 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
- B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 or any surface water which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the MS4 or a surface water, except as exempted by § 225-7 of this article.
- INDIVIDUAL SEWAGE TREATMENT SYSTEM
- A facility 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 groundwater 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.
- INDUSTRIAL ACTIVITY
- Activities requiring the SPDES permit for Discharges from Industrial Activities Except Construction, GP-98-03, as amended or revised.
- Municipal separate storm sewer system.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM
- A conveyance or system of conveyances intended to manage, divert, restrict, direct, hold or otherwise affect stormwater, any runoff, or any natural or artificial waterway, watercourse or flow, including, but not limited to, roads with drainage systems, municipal streets, culverts, catch basins, curbs, gutters, ditches, drains, man-made channels, ponds, berms, swales, and/or storm drains:
- The Town of Lansing.
- NON-STORMWATER DISCHARGE
- Any discharge to the MS4 or any surface water that is not composed entirely of stormwater.
- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
- Any hazardous material or other material which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of legal or regulatory standards, including, but not limited to: dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, detergents, automotive fluid or residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial waste, municipal waste, agricultural waste, hazardous materials, or ballast discharged into water.
- Any building, lot, parcel of land, or gore or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- D. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by the 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.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT or SPDES PERMIT
- A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
- Rainwater, surface runoff, snowmelt, drainage, and such other occurring flows and runoff as is defined as stormwater by the Department.
- STORMWATER MANAGEMENT OFFICER or SMO
- An employee, the municipal engineer or other public official(s) designated by the Municipality 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.
- SURFACE WATER(S)
- Ponds, lakes, reservoirs, rivers, streams, creeks, intermittent streams, and wetlands. This definition includes man-made bodies of water created for the treatment of stormwater, but does not include man-made bodies of water specifically designed to treat nonstormwater discharges, according to practices approved by the relevant regulatory agencies. Wetlands are defined, in part (by the U.S. Environmental Protection Agency and Army Corps of Engineers) as "areas that are inundated to saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." Wetlands also include those areas defined by the Department.
- Total maximum daily load.
- 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.
This article shall apply to all water or other discharge(s) generated on any developed or undeveloped lands entering the MS4 or any surface waters, unless explicitly exempted by an authorized enforcement agency.
The SMO shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the SMO may be delegated, in writing, by the SMO as may be authorized by the Municipality.
The provisions of this article are hereby declared to be severable. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be determined to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity or unenforceability shall not affect, impair or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article. Any such invalidity or unenforceability shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy and circumstances in which such determination shall have been rendered, and shall not apply to any other controversy or other circumstances.
Prohibition of illicit discharges. No person shall discharge or cause to be discharged into the MS4 or any surface water any materials, other than stormwater, except as provided in Subsection A(1). The commencement, conduct or continuance of any illicit discharge to the MS4 or any surface water is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the Municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated 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, de-chlorinated swimming pool discharges, residential street wash water, water from firefighting activities, and any other water source not containing pollutants or hazardous materials. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
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.
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the SMO prior to the time of the test.
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, order, and/or other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the MS4 or any surface water is prohibited.
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.
A person is considered to be in violation of this article if the person connects a line conveying sewage to the Municipality's MS4 or to any surface water, or allows such a connection to continue.
Such activities may include improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions, storage of such material(s) where they are exposed to stormwater, or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
Agricultural activities are exempt from consideration under this section if they:
Meet the requirements of any applicable agricultural regulations; and
Are participating in the Agricultural Environmental Management program or otherwise applying current agricultural best management practices; or
Are determined to be sound agricultural practices, as described in Agricultural and Markets Law of New York State.
Operation of a failing individual sewage treatment system may also be a source of contamination to stormwater. Individual sewage treatment systems must be properly operated and maintained. If a system shows signs of failure, the Tompkins County Health Department should and/or shall be consulted for assistance.
Upon notification to any person that they are 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 they no longer cause(s) or contribute(s) to violations of the Municipality's MS4 SPDES permit authorization.
Best management practices. Where the SMO has identified illicit discharges, illicit connections, or any activities contaminating stormwater, the Municipality may require implementation of best management practices (BMPs) to control those illicit discharges, illicit connections, and activities.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials, hazardous materials, or other wastes into the MS4 or into surface water through the use of structural and nonstructural BMPs.
Any person responsible for any premises that are, or may be, the source of an illicit discharge, and illicit connection, or any activity contaminating stormwater, 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 or to surface water.
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with construction activity or industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
The SMO may, without prior notice, suspend MS4 discharge access to any 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 any person, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter, in writing (the "suspension or termination notice"), of the reasons for the suspension. If the person thereafter 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 any persons.
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 (a "suspension or termination notice"). The SMO will notify any person believed to be in violation of this article, in writing, of the proposed termination of its MS4 access and the reasons therefor. Such person may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if the SMO finds that the illicit discharge has ceased and the discharger 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 an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior written 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 may be required in a form acceptable to the Municipality prior to the allowance of discharge(s) to the MS4.
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article; or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.
Access to facilities.
The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and/or clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
Facility operators shall allow the SMO ready access to each and all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement and/or enforce this article.
The Municipality shall have the right, upon any premises or facilities that are subject to this article, to set up, operate and monitor such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the 'remises' or facility's stormwater discharge(s).
The Municipality has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be properly calibrated to ensure their accuracy. Upon request of the SMO, any person shall produce a certificate of calibration, or its equivalent, from a qualified independent third person.
Unreasonable delays in allowing the Municipality access to any premises or facility subject to this article constitutes a violation of this article. A person who is the operator of any premises or facility subject to this article commits an offense if the person denies the Municipality or the SMO reasonable access to the premises or facility for the purpose of conducting any activities authorized, permitted or required by this article.
If the SMO has been refused access to any part of the premises from which stormwater is discharged, and the SMO 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 any premises or facility, the management of operation thereof, or emergency response for any premises or facility, or the operation or management thereof, has information of any known or suspected release of materials which are resulting, or may result, in an illicit discharge or the release of any hazardous materials or pollutants into the MS4 or any surface water, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence, and then notify the SMO as soon as possible thereafter. In the event of a release of nonhazardous materials, said person shall notify the SMO 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 or hazardous 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.
Notice of violation. When the SMO finds that any person has violated a prohibition, or failed to meet a requirement, of this article, the SMO may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
The elimination of illicit discharges and illicit connections;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards, and the restoration of any affected premises;
The performance of monitoring, analyses, and reporting requirements;
The payment of a fine; and/or
The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected premises 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 contractor with the expense thereof to be charged to such person and/or to become a lien against the premises.
Stop-work orders. The SMO may issue a stop-work order for any violations of this article. Any person receiving a stop-work order shall be required to halt all construction activities and industrial activities including, but not limited to, clearing, grading, demolition, construction, and similar activities, except for those activities that address the violations leading to the stop-work order. The stop-work order shall be and remain in effect until the SMO confirms compliance with this article and that any violation has been satisfactorily addressed.
In addition to any other right or remedy allowed by law or in equity, the Municipality may also maintain actions or proceedings in a court of competent jurisdiction to compel compliance with or restrain by injunction the noncompliance with or the violation of any provision or requirement of this article.
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
First violation. Any person or entity that violates any of the provisions of this chapter shall be 1) guilty of a criminal violation and subject to a fine of not more than $500, or 2) subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action.
Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be 1) guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days, or 2) subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action.
Each week that any noncompliance or violation continues is and may be charged as a separate violation.
Upon the occurrence of any noncompliance with, or violation of, this chapter, the SMO may also withhold any certificate of compliance or certificate of occupancy, and prevent the occupancy of any premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action 1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and 2) the Town shall not be required to post any bond or undertaking, and 3) the Town need not prove that there is or will likely be irreparable harm, or that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to any other remedy, a violation of, or non-compliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. In addition, any person who has been held in violation of this chapter may also be required to restore or repair any premises or remediate any discharge or contamination in accord with the requirements of this chapter or any order of the department or the SMO issued hereunder (a "Repair or Remediation Order"). In the event that any remediation, repair or restoration is not undertaken and concluded within a reasonable time, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in any court of competent jurisdiction to recover the costs of such remediation, repair or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Municipality shall require any person undertaking action regulated by this article, or failing to take action required under this article, or any person in violation of this article, to pay reasonable costs at prevailing rates for review of plans, BMPs, inspections, or maintenance performed by or for the Municipality, including, but not limited to, engineers' or attorneys' services and fees.
The Municipality and the SMO shall not be liable or responsible for any injury to any person or damage to any premises or property due to the Municipality's actions, or failures to act, under or pursuant to this article, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Municipality or the SMO. All persons engaged in any activities (and including liabilities arising from or in connection with any completed operations), including, but not limited to, construction activity, industrial activity, clearing, grading, excavation, construction, cleanup, remediation, or restoration work, shall indemnify and keep and save harmless the Municipality and the SMO from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Municipality or the SMO from or by reason of or on account of accidents, injuries, damages, and/or losses to persons, premises or property arising under or in connection with this article. This indemnity provision shall be construed and applied to the maximum extent permitted by law.
Where the Municipality finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Municipality finds and records in its minutes that:
Granting the waiver would be keeping with the intent and spirit of this article, and is in the best interests of the community;
There is no adverse effect upon the character, appearance, or welfare of any person or premises, including, but not limited to, any watercourses, watersheds, or surface waters;
The waiver will not result in the discharge of any hazardous materials;
There are special circumstances involved in the particular case;
Denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and
The waiver is the minimum necessary degree of variation from the requirements of this article and/or is of a short-term and temporary duration.
Any person receiving a suspension or termination notice, a notice of violation, or a repair or remediation order may appeal the determination of the SMO to the Municipality within 15 days of its issuance. Such appeal shall be heard within 30 days after the filing of the appeal. A determination upon the appeal shall be rendered within 10 days, and such determination shall be filed with the Municipal Clerk and mailed to the appealing party within five days of being made. An appeal shall consist, at a minimum, of a written statement setting forth the reasons and factual bases for such appeal. The actions and determinations of the Municipality upon and after filing its determination on any appeal shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules. No appeal lies from the denial of a waiver, except pursuant to said Article 78.
Where a person has violated a provision of this article, such person may be eligible for alternative remedies in lieu of a civil penalty upon recommendation of the Municipal Attorney, with the concurrence of the SMO, where:
In addition to the enforcement processes and penalties provided for in, by, or under this article, any condition caused or permitted to exist in violation of any of the provisions of this article is hereby deemed and declared to be 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 undertaken by the Municipality in its sole discretion.
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 Municipality, the Department, or any other authorized enforcement agency, to seek cumulative or other remedies.
[Adopted 5-20-2009 by L.L. No. 6-2009]
The following terms (and the singular and plural variations thereof) have the following meanings when used in this article:
- AGRICULTURAL ACTIVITY
- The preexisting activities and building(s) of an active farm or ranch. Agricultural activity includes grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but does not include the operation of a dude ranch (or similar operation) or the construction of any new buildings associated with an agricultural activity.
- A property owner or developer, or agent or representative of a property owner or developer, who has filed an application in relation to a land development activity or an application under or related to this article.
- Any structure, either temporary or permanent, having a roof and designed for the shelter or use of any person, animal, property, or agricultural and/or business operation, and containing or sheltering 100 square feet or more of surface area.
- A natural or artificial watercourse with a definite bed and bank(s) that conducts continuously or periodically flowing water.
- Any activity, including, but not limited to, grubbing, wasting, and razing that removes preexisting vegetative surface cover and/or related root structures from a parcel.
- CONSTRUCTION MATERIALS
- Construction and construction related materials and waste materials, including construction chemicals.
- The deliberate appropriation of, and/or transfer of rights in or to, a parcel or a portion of a parcel by its owner to the Town for an improvement district or for general public use or welfare.
- DEPARTMENT or DEC
- The New York State Department of Environmental Conservation.
- DESIGN MANUAL
- The current or most recent version of the New York State Stormwater Design Manual, including applicable updates, which herein serves as the official guide for stormwater control principles, methods, and practices.
- DESIGN STORM
- An engineering specification that applies to the stormwater runoff potential of a meteorological event, such as a "ten-year storm," or a "hundred-year storm," which may precipitate a specific and measurable quantity of water in either a liquid or solid state upon a parcel during a specified length of time.
- Any person or entity that undertakes a land development activity.
- The United States Environmental Protection Agency.
- A process, usually environmental in origin and/or effect, caused and contributed to by the elements and stormwater runoff and sedimentation.
- EROSION CONTROL FACILITY
- A sedimentation containment facility, a stormwater control facility, or any combination thereof that is installed within or in association with any land development activity.
- EROSION CONTROL MANUAL
- The most recent or current version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
- Excavation and/or fill of rock, soil, or other material(s), including the resulting conditions thereof.
- IMPAIRED WATER
- Water whose purity has been diminished by pollution and/or sedimentation, including waters and surface waters upon the DEC § 303(d) list.
- IMPERVIOUS COVER
- Any surface, improvement, structure and/or building that prevents or substantially reduces infiltration or any soil's ability to effectively infiltrate stormwater and/or that otherwise acts to increase stormwater runoff or other water accumulating conditions.
- INDUSTRIAL STORMWATER PERMIT
- A New York State Pollutant Discharge Elimination System (SPDES) permit issued to a commercial industry or group of industries that regulates the pollutant levels associated with industrial stormwater discharges or that specifies on-site pollution control facilities or on-site pollution control strategies.
- The process by which stormwater or other water percolates into soil or subsoil.
- JURISDICTIONAL WETLAND
- 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."
- LAND DEVELOPMENT ACTIVITY
- Any construction or other activity, including, but not limited to, clearing, grading, excavating, soil disturbance, or the placement of fill or construction or placement of site impervious surfaces that results in land disturbance of:
- A. Equal to or greater than one acre; or
- B. Less than one acre, but part of a larger common plan of development or sale, even though multiple, separate and distinct land development activities may be phased or occur upon the land at different times and/or upon separate schedules; or
- C. Less than one acre, but part of a prior project not previously subject to this article.
- The legal or beneficial owner of one or more parcels, including those persons or companies who hold the right to purchase or lease or develop a parcel, or any other person or company who holds proprietary rights in a parcel.
- MAINTENANCE AGREEMENT
- A legally recordable document that acts as a property deed restriction and which provides for the long-term maintenance of stormwater management practices, whether through covenants, obligations, promises, easements, rights-of-way, or otherwise.
- NONPOINT SOURCE POLLUTION
- Pollution that originates from any source other than from any specific, discernible, confined, and/or distinct source. Nonpoint source pollution includes, but is not limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, and industrial and urban surface and subsurface water runoff sources.
- Each person or entity that owns, leases, develops, or engages in construction activities upon any property or parcel upon which any land development activity occurs.
- A distinct tract, lot, portion, or piece of land upon which an applicant, developer, landowner, operator, or other person or entity conducts or proposes to conduct a land development activity.
- The clearing of a parcel in distinct pieces or parts, with the stabilization of each piece or part completed before the clearing of the next piece or part.
- PLANNING BOARD
- The Planning Board of the Town of Lansing, New York.
- POINT SOURCE POLLUTION
- A specific, discernible, confined, and/or distinct land development activity or other land use that generates concentrations of liquids or solids, including, but not limited to, organic and inorganic chemicals, hydrocarbons, trace metals, heavy metals, metal deposits, construction materials, hazardous materials, toxicants, biomasses, carcasses, tires, discards, waste, by-products, litter and other pollutants recognized and/or regulated by the EPA and/or the DEC.
- POLLUTANT OF CONCERN
- Erosion, sediment, and/or pollution that is generated by a land development activity and discharged into any surface waters.
- The replenishment of water reserves, either above or under the ground.
- Any chemical, mineral, metal, rock, soil and/or compound, or mixture thereof, that has been exposed and/or eroded and that is subject to transport from one location to another by means of water, ice, wind, gravity or other naturally occurring means.
- SEDIMENT CONTAINMENT FACILITY
- A physical application of sedimentation containment that reduces or prevents sedimentation. A sedimentation containment facility may include, but is not limited to, a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A sedimentation containment facility may be utilized and/or built in conjunction with a stormwater runoff facility, an erosion control facility, or a stormwater control facility, and may be a part or component of any thereof.
- The process by which sediment is transported from one location to another by means of water, ice, wind, gravity or other naturally occurring means.
- SEDIMENTATION CONTAINMENT
- A practice, methodology, measure, act, design, or any combination thereof, that reduces or prevents sedimentation.
- SENSITIVE AREAS
- Any fisheries, shellfish beds, swimming beaches, groundwater recharge areas, wetlands, water supply reservoirs and/or other habitats for wildlife or any threatened, endangered, or special concern species.
- SITE IMPERVIOUS COVER
- Any and all impervious cover that is built, attached, or deposited upon a parcel.
- An acronym for State Pollutant Discharge Elimination System.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 (SPDES GP-02-01)
- An SPDES permit that acts to regulate an applicant's, developer's, landowner's, or operator's land development activity.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 (SPDES GP-02-02)
- A permit issued under SPDES to municipalities that acts to regulate discharges from municipal separate stormwater sewer systems in order to comply with EPA water quality standards and/or to specify stormwater control standards in the state.
- A physical and tangible effort made in order to stabilize soil and vegetation upon a parcel that acts to reduce or prevent erosion, sedimentation or stormwater runoff.
- The State of New York.
- STOP-WORK ORDER
- Any order issued that requires that most or all construction and land development activities occurring upon a parcel cease and be stopped.
- Rainwater, surface runoff, snowmelt, icemelt, drainage, and related naturally occurring surface water and accumulation(s).
- STORMWATER CONTROL
- A practice, methodology, measure, act, design or any combination thereof that reduces or prevents stormwater runoff.
- STORMWATER CONTROL FACILITY
- A physical application of stormwater control that reduces or prevents stormwater runoff, and which may include, but is not limited to, a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A stormwater control facility may be utilized and/or built in conjunction with any other stormwater management practice and may be a part or element thereof.
- STORMWATER HOT SPOT
- Any land development activity or land use activity that generates higher sedimentation or higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based upon monitoring studies.
- STORMWATER MANAGEMENT OFFICER or SMO
- An employee, agent, or officer appointed by the Town to:
- STORMWATER MANAGEMENT PRACTICE
- Any erosion control facility, stormwater control facility, stormwater control, sedimentation containment facility, watercourses, waterways, surface waters, channels, ditches, drains, culverts, ponds, retaining facilities, plantings, berms, swales, pipes, and other structures and appurtenances build, used, or intended to be utilized to protect and/or control stormwater, stormwater hot spots, sediment, sedimentation, erosion, stormwater runoff, infiltration, recharges, sensitive areas, point source pollution, nonpoint source pollution, pollutants of concern, impaired waters, stabilization, surface waters, channels, waterways, and watercourses, including, but not limited to, buildings, facilities, plantings, controls, protocols, designs, practices, methodologies, measures, acts, and devices, whether structural or nonstructural, or any combination thereof.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling sedimentation, erosion, pollutants, and stormwater runoff from a parcel during and following land development activities.
- STORMWATER RUNOFF
- stormwater flow and precipitation upon or under the surface of the ground, including above or below ground flow(s) in any channel, watercourse, or waterway.
- SURFACE WATERS
- Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, 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), that are wholly or partially within or bordering the Town, or within or subject to its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, that may meet the criteria of this definition are not surface waters unless they were created in natural surface waters or resulted from the impoundment of surface waters.
- The Town of Lansing, New York.
- TOWN BOARD
- The Town Board of the Town of Lansing.
- A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
- A channel that directs surface water or runoff to a watercourse or to a storm drain.
- The Zoning Board of Appeals of the Town of Lansing.
It is hereby determined that:
Land development activities and increases in site impervious cover within the Town adversely impact the hydrologic responses of the Town's watershed and increase sedimentation and erosion rates and volumes, flooding, and stream channel erosion; and
Erosion increases the quantities of water-borne pollutants that adversely impact the environment; such water-borne pollutants include, but are not limited to, the diminution or destruction of the size and/or quality of sensitive areas; and
Land development activity acts to increase erosion and sedimentation and contributes to the loss of native vegetation and vegetative diversity necessary and useful for terrestrial and aquatic habitat, such as sensitive areas and wetlands; and
Improper design and construction of Erosion Control Facilities acts to increase the rate of Erosion within the Town; and
Impervious covers act to increase erosion and to decrease the rates of infiltration, groundwater recharge, and stream base flow within the Town; and
Land development activities, impervious cover and the improper design, construction and implementation of erosion control facilities, sediment containment facilities, stormwater control facilities, stormwater management practices, act to create economic and ecological losses by adversely impacting the soil and waters of the Town; and
Erosion, sedimentation, point source pollution, and nonpoint source pollution may be partially controlled and minimized through the effective design, construction and implementation of stormwater management practices; and
Town regulation of land development activities is in the public interest; will act to minimize adverse impacts upon the environment; will act to promote the public health, welfare and safety; will act to control and minimize increases in erosion, sedimentation, point source pollution and nonpoint source pollution; and will protect and enhance valuable town resources, including, but not limited to surface waters and wetlands; and
Town regulation of land development activities by establishing performance and other standards governing stormwater management practices will act to mitigate the adverse effects of erosion, sedimentation, point source pollution, and nonpoint source pollution that may result from land development activities.
The purpose of this article is to establish minimum stormwater management requirements and standards, including, as applicable, land development activity and stormwater management practice requirements and standards necessary to minimize potential harm to the environment; to promote public health, welfare, and safety; and to control and minimize the adverse effects associated with erosion, sedimentation, unregulated stormwater, point source pollution, and nonpoint source pollution, and to address the other findings of fact stated above, by achieving the following objectives:
Meeting the minimum requirements set by measures 4 and 5 of SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, as amended or revised; and
Requiring land development activities to conform to the substantive requirements of the SPDES General Permit for Construction Activities GP-02-01, as amended or revised; and
Minimizing increases in stormwater runoff and erosion generated by land development activities in order to, among other things, reduce flooding, reduce siltation, reduce increases in stream temperatures, reduce erosion, and maintain the integrity of stream and other watercourse and waterway channels and channels and surface waters; and
Minimizing increases in water pollution caused by stormwater runoff and erosion generated by land development activities in order to preserve local water quality; and
Minimizing the total annual volume of stormwater runoff and erosion that is generated by parcels during and following land development activities; and
Reducing erosion, sedimentation, point source pollution and nonpoint source pollution, wherever possible, through stormwater management practices; and to ensure that the stormwater management practices within the Town are properly maintained on a perpetual basis and eliminate threats to public safety; and
To maintain Salmon Creek and its tributaries as a natural fishery and as natural breeding/spawning areas, as well as to protect Cayuga Lake from excessive turbidity from sediments, including, but not limited to, phosphorous and other pollutants, whether organic or otherwise.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board has the authority to enact and amend local laws for the purpose of promoting the health, safety, or general welfare of the Town, and to protect and enhance the Town's physical environment. As part of such local laws, the Town Board may appoint municipal officers, employees, or independent contractors to effectuate, administer and enforce such laws.
In applying this article, each of the following shall apply:
This article shall be applicable to all land development activities.
The Town shall designate an SMO, who shall receive and review all proposed SWPPPs and forward such proposed SWPPPs to the applicable municipal board. The SMO may:
Review proposed land development activities and SWPPPs; and
Upon approval by the Town Board, engage the services of a registered professional or professional engineer to review the proposed land development activities and SWPPPs and related documents at a cost not to exceed the limits set by the Town Board; and
Accept the certification of licensed professionals that the proposed SWPPP conforms to the requirements of this article; and
Conduct inspections and undertake other acts and actions as allowed or permitted by this article.
All land development activities subject to review and approval by the Planning Board under subdivision, site plan, planned development area, and special permit laws, rules, regulations, and such applications shall be reviewed subject to the standards contained in this article.
All land development activities not subject to review by the Planning Board are required to submit SWPPPs to the SMO, who shall approve or reject such SWPPPs according to the requirements of this article.
Any land development activity, SWPPP, or other or related plan or proposal that envisions or purports to transfer, sell, assign, or grant to the Town any rights in and to any parcel, or any interest therein, including, but not limited to, the dedication of any part of a parcel, or the granting of rights-of-way or easements therein, shall be subject to the final review and approval of the Town Board.
The following activities are exempt from review under this article:
Agricultural activities as defined above.
Silvicultural activities, except that landing areas and log haul roads are subject to the requirements of this article as land development activities.
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 preexisting buildings and/or any preexisting site impervious cover attached to or contiguous to such buildings.
Repairs to any stormwater control facility ordered by the SMO.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
Emergency activities (as determined by the SMO) made in order to protect against immediate threats to life, property, or the environment within the Town.
Activities of persons who engage in home gardening by growing flowers, vegetable and other plants primarily for use by those persons and their families.
Landscaping and horticultural activities performed in connection with an existing building.
Definitions. The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth above.
Stormwater Pollution Prevention Plans (SWPPPs):
Stormwater Pollution Prevention Plan requirements. No application for approval of proposed land development activities, including their related SWPPPs, shall be reviewed by the Town Board or the Planning Board until the SMO receives, reviews, and forwards such proposals to the Town Board or the Planning Board, which, respectively, shall approve or reject such SWPPPs according to the requirements of this article.
Contents of stormwater pollution prevention plans (SWPPPs). Each SWPPP shall contain the following information concerning each and all of any land development activity's stormwater management practices:
Background information concerning the scope of each land development activity, including the location, type, physical size, estimated cost, duration, and anticipated life span;
Site maps and construction drawing(s), including a general location map. At a minimum, a site map must show or account for the total site area; all proposed improvements; areas of land disturbance; areas of land that will not be disturbed; areas of preexisting and proposed vegetative cover; locations of on-site and adjacent off-site surface water(s); a delineation of watershed boundaries; areas of wetlands and drainage patterns that could be affected by the land development activity; areas of existing and proposed final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the proposed stormwater management practices and their related discharge(s), if any. Generally, site maps should not be scaled smaller than one inch equals 100 feet;
A description of the preexisting soil, vegetative surface cover, and site impervious cover present;
A land development activity phasing plan describing the intended sequence of construction activities, including phasing, clearing and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. No more than two acres may be disturbed at any one time unless pursuant to an approved SWPPP;
A description of the measures that will be used to minimize, control, prevent and/or dispose of construction materials, sediment, and point source pollution and/or nonpoint source pollution;
A description of the types, quantities, sizes and disposal methods concerning construction materials expected to be stored on-site, with updates as appropriate, and a description of the measures taken to reduce the release, discharge or effluence of pollutants from the construction materials, including, but not limited to, the construction and/or utilization of temporary or permanent storage facilities to minimize exposure of such construction materials to the environment, and to prevent pollution spills and the release, discharge, or effluence, if any, from such construction materials, all together with the response measures to be taken by the developer in the event that any spill, release, discharge, or effluence takes place with respect to the construction materials;
The temporary and permanent structural and vegetative measures to be used for stabilization, from initial clearing to project close-out;
A site map/construction drawing(s) specifying the location, size and expected life span of each stormwater management practice;
The dimensions, material specifications, and installation details for each stormwater management practice, including siting and sizing;
A list of each stormwater management practice that will be converted from temporary to permanent;
An implementation schedule, including the timing of initial placement and the duration for staging of each temporary stormwater management practice;
A list of the maintenance and operating procedures as well as the schedule necessary to ensure the effective operation of each permanent stormwater management practice;
The name(s) of any surface water(s) that will receive stormwater runoff and/or sedimentation;
A delineation of SWPPP implementation responsibilities for each phase and each part of the parcel;
A description of the stormwater management practices built to divert stormwater runoff away from exposed soils, to store erosion flows, or otherwise limit the discharge of stormwater and pollutants, or to limit the processes of sedimentation and erosion; and
Data that accurately reflects current and projected future stormwater runoff and erosion rates.
Land development activities that meet any of Conditions A, B, or C below shall also include water quantity and water quality controls (post-construction stormwater management practices) as required by this article:
Condition A. Land development activities discharging a pollutant of concern to either an impaired water or to a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater runoff have been identified as a source causing the condition of the impaired waters.
Condition B. Stormwater runoff, erosion, or sedimentation occurring from land development activities disturbing five or more acres.
Condition C. Land development activities disturbing between one and five acres of land, exclusive of the construction of single-family residences that result in the disturbance of less than two acres.
SWPPP requirements necessary to meet Conditions A, B and C:
A description of each post-construction stormwater management practice;
A site map and construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
Hydrologic and hydraulic analyses concerning all structural components of the stormwater management system necessary to physically control the erosion, sedimentation and stormwater runoff caused by a design storm;
A comparison of post-development stormwater runoff conditions with pre-development stormwater runoff conditions;
The dimensions, material specifications, and installation details for each post-construction stormwater management practice;
A maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
The maintenance easements and rights-of-way necessary to ensure access to, and rights to inspect, repair, replace and improve, all stormwater management practices upon the parcel. Such easements shall be in a recordable form acceptable to the Town and recorded on the plan and upon any approved plat, and shall remain in effect with transfer of title to the parcel;
Inspection and maintenance agreement(s) binding on all subsequent landowners served by the on-site stormwater management practices.
Plan certification. The SWPPP shall be prepared by a landscape architect, a licensed professional [such as a Certified Professional in Erosion and Sediment Control (CPESC)], or a 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.
Other environmental permits. The landowner or developer shall ensure that all applicable environmental permits have been or will be acquired for the land development activity to occur. No final stormwater management practices may be approved without possession of each, any, and all required permits.
Each contractor and subcontractor identified in the SWPPP who will be involved in a land development activity or a the construction or installation of any stormwater management practice shall sign and date a copy of the following certification statement before undertaking any work: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the attached 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 established by the State of New York, the County of Tompkins, and/or the Town of Lansing."
The above certification must include the name and title of the person executing the certification as well as the signature, address, and telephone number of the contracting firm; the address (or other identifying description) of the land development activity and/or stormwater management practice site; and the date the certification is made.
The above certification statement(s) shall become part of the SWPPP.
A copy of the SWPPP shall be retained at the site of the land development activity and/or stormwater management practice during construction from the date of initiation of construction activities to the date of final close-out.
Performance and design criteria for stormwater management practices. All land development activities shall be subject to the following performance and design criteria:
Technical standards. For the purpose of this article, the Design Manual and/or the Erosion Control Manual shall serve as the official guides and specifications for stormwater management practices. Stormwater management practices that are designed and constructed in accordance with the Design Manual and/or the Erosion Control Manual may be presumed to meet the standards imposed by this article. Where stormwater management practices are not in accord with technical standards set forth in the Design Manual and/or the Erosion Control Manual, the developer must demonstrate equivalence to technical standards and the SWPPP must be prepared by a licensed professional.
Water quality standards. Land development activities shall not cause an increase in turbidity in any surface waters that will result in substantial visible contrast to natural conditions in such surface waters.
Maintenance and repair of stormwater management practices.
Maintenance during construction.
The owner and/or developer of a site or of a land development activity shall at all times properly operate and maintain all stormwater management practices. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
For land development activities meeting Condition A, B, or C, the developer or applicant shall have a qualified professional conduct site inspection and document the effectiveness of all stormwater management practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a log book. Such log book shall be produced and made available for inspection by the SMO upon request.
The developer or its representative shall be on site at all times when land development activity takes place and shall inspect and document the effectiveness of all stormwater management practices. Inspection reports shall be completed and recorded at least every seven days, and within 24 hours of any storm event that generates 0.5 inch or more of rain or stormwater. The reports shall be copied to the site construction log book and delivered to the SMO at any time upon the demand of the SMO. All such reports, logs, and books shall be preserved, protected, and retained for a minimum period of three years after final project completion.
Maintenance easement(s) and rights-of-way. Prior to the issuance of any approval of any SWPPP or stormwater management practice, the applicant, developer, landowner, operator, or other person or entity conducting or proposing to conduct a land development activity shall execute an inspection, repair, upgrade and maintenance easement and right-of-way agreement that shall be binding on all subsequent landowners served by the stormwater management practices. The easement and right-of-way shall provide for access inspection and maintenance by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. This easement and right-of-way shall be recorded by the grantor in the office of the Tompkins County Clerk, after review and approval by the Town Board.
Maintenance after construction. The developer, owner, landowner, or operator of permanent stormwater management practices shall operate and maintain all facilities and practices to achieve the goals of this article. Proper operation and maintenance includes, but is not limited to, the following:
A preventative/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the developer, owner, landowner, or operator to meet the requirements and achieve the goals of this article; and
Written procedures for the operation and maintenance of any facilities, together with written procedures for the training of new maintenance personnel; and
Discharges from any stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations.
Maintenance agreements. Any applicant, operator, developer, or landowner must receive the Town Board's approval of a formal maintenance agreement for stormwater management practices that is binding on all subsequent landowners, and recorded in the office of the County Clerk as a deed restriction on the parcel, prior to receiving final SWPPP approval. The Town, in lieu of a maintenance agreement and in the Town's sole discretion, may accept the dedication of any existing or future stormwater management practices, or any portion thereof, provided:
Such stormwater management practices, or portions thereof, meet the requirements of this article and include adequate and perpetual access and sufficient area, by easement or otherwise, for inspection, improvement, and regular maintenance; and
The developer (and/or applicant, landowner, or operator) proposes and the Town accepts a special benefit drainage district for the inspection, maintenance, and, when necessary, expansion, of any facilities.
Preliminary plats. For all preliminary subdivision plats, a SWPPP is required. The SWPPP shall meet the performance and design criteria and standards set forth in § 225-28 of this article. The approved preliminary subdivision plan shall be consistent with the requirements of this article.
An SWPPP is required for all site plan applications and approvals whenever required by this article. The SWPPP shall meet the performance and design criteria and standards in § 225-28 of this article. The approved site plan shall be consistent with the provisions of this article.
Any prior erosion or sediment containment law, ordinance, or regulations of the Town are hereby repealed. This article shall take precedence over any other inconsistent requirement of any local law, ordinance, or regulation of the Town.
Stormwater management practices inspection.
The SMO may require such inspections as are or may be deemed necessary to determine compliance with this article, and may either approve that portion of the work completed or give notice when the work fails to comply with the requirements of this article and/or the approved SWPPP. To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following:
Start of construction; and
Installation of sediment-and-erosion-control measures; and
Completion of site clearing; and
Completion of rough grading; and
Completion of final grading; and
Close of the construction season for the project; and
Completion of final landscaping; and
Successful establishment of landscaping in public areas.
If any violations are found, the applicant, developer, landowner and/or operator shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted, except for stabilization, until each, any, and all violations are corrected and all work previously completed has received approval by the SMO.
Stormwater inspections. The SMO is responsible for conducting inspections of all stormwater management practices. All applicants, developers, landowners and/or operators shall submit to the SMO all "as built" plans for any stormwater management practices after final construction is completed. The plan must show the final design specifications for all stormwater management practices and must be certified by a professional engineer.
Inspection programs. Inspection programs shall be established on any reasonable basis, including, but not limited to: routine inspections; random inspections; inspections based upon complaints or other notices of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practice areas, structures and appurtenances. Inspections may be performed by the SMO, or by a qualified professional designated by the Town. All inspections shall be memorialized, in writing, and all such writings shall be supplied to the SMO.
Submission of reports. The SMO may require monitoring and reporting from entities subject to this article as are or may be necessary to determine compliance with this article.
Right-of-entry for inspection. When any stormwater management practice is installed or implemented upon private property, or when any new connection is made between private property and the public stormwater system or any watercourse, waterway, or surface waters, the landowner shall grant to the Town an easement and permanent right-of-way in a form as referenced in § 225-28D(2) and (4) for the purpose of inspections as specified in § 225-32.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities in compliance with all terms and conditions set forth in the SWPPP and all requirements of this article, the Town may require the applicant, developer, landowner, and/or operator to provide, prior to the commencement of any clearing, grading, or construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution that guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town Board or the Planning Board 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 Town Board, provided that 1) such period shall not be less than one year from i) the date of final completion, or ii) the date of final acceptance, or iii) such other final determination or certification that the facilities have been constructed in accordance with the approved plans and specifications, whichever shall last occur, and 2) that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. When stormwater management practices are to be operated and maintained by any person or entity other than the Town, the applicant, developer, landowner, or operator may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety prior to the commencement of any clearing, grading, or construction, to ensure proper operation and maintenance of all stormwater management practices both during and after construction, and until the facilities are removed from operation. If the applicant, developer, landowner, and/or operator fail(s) to properly operate and maintain stormwater management practices, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering, legal, and inspection costs.
Recordkeeping. The Town may require entities subject to this article to maintain records demonstrating compliance with this article.
Enforcement and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Notice of violation. When the SMO determines that a land development activity is not being carried out in accordance with the requirements of this chapter, the SMO may issue a written notice of violation. Such notice of violation shall be served upon each person or entity to who it is addressed. Delivery of the notice of violation by certified mail shall be deemed sufficient "service" of the notice of violation. The notice of violation shall contain:
The name and address of the landowner, developer, operator, and/or applicant;
The address, when available, or a description of the building, structure, or parcel upon which the violation occurred or is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the land development activity into compliance with this chapter, and a time schedule for the completion of such remedial action;
A statement of the penalty or penalties that may be assessed against any person or entity to whom the notice of violation is directed;
A statement that the determination of violation may be appealed by filing a written notice of appeal within 10 days of service of notice of violation. Such notice of appeal shall be filed with the Town Clerk and shall be directed to the attention of the Town Board.
Stop-work orders, certificates and permits:
The SMO may issue a stop-work order for violations of this article.
Any person or entity receiving a stop-work order shall be required to halt all clearing, grading, and construction, except for those activities that address the violations leading to the stop-work order and except for stabilization and such work as may be necessary to mitigate or control stormwater runoff and erosion.
The stop-work order shall be and remain in effect until the SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed.
Upon the occurrence of any noncompliance with, or violation of, this chapter the SMO may also withhold any certificate of compliance or certificate of occupancy, and prevent the occupancy of any premises.
In addition, any violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
First violation. Any person or entity that violates any of the provisions of this chapter shall be 1) guilty of a criminal violation and subject to a fine of not more than $1,000, or 2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action.
Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be 1) guilty of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more than $2,500 and a period of incarceration not to exceed 120 days, or 2) subject to a civil penalty of not less than $2,500 nor more than $5,000 to be recovered by the Town in a civil action.
Each week that any noncompliance or violation continues is and may be charged as a separate violation.
In addition, any person who has been held in violation of this chapter may also be required to restore or repair any premises or remediate any discharge or contamination in accord with the requirements of this chapter or any order of the department or the SMO issued hereunder (a repair or remediation order). In the event that any remediation, repair or restoration is not undertaken and concluded within a reasonable time, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in any court of competent jurisdiction to recover the costs of such remediation, repair or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees.
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action 1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and 2) the Town shall not be required to post any bond or undertaking, and 3) the Town need not prove that i) there is or will likely be irreparable harm, or ii) that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
The Town shall require any person or entity undertaking any land development activity regulated by this article to pay reasonable costs at prevailing rates for the review of SWPPPs, inspections, or maintenance performed by the Town, or performed by a third party for the Town, including, but not limited to, engineers' or attorneys' services and fees. The Town Board may establish, by resolution, a standardized fee schedule for permits and other required reviews, inspections, and reports created, performed, or filed under, in accord with, or in furtherance of this article, which fee schedule shall be limited to such amounts as are reasonably estimated as the administrative and other costs and expenses incurred by the Town in connection with any matter for which a fee is scheduled, and be reviewed at least once every year by the SMO or the Town Board to assure that the fees remain reasonable in light of the Town's actual and generally incurred costs and expenses.
A nonrefundable application fee shall be submitted with each SWPPP delivered to the SMO in an amount as the Town Board may, from time to time, establish by resolution.
Any aggrieved person or entity may, unless expressly stated otherwise in this article, appeal any action or determination of the SMO, the Town Board, or the Planning Board to the ZBA by filing a written statement setting forth the reasons for such appeal. Such statement must be filed within 10 days of the delivery or filing of any action or determination from which the appeal is taken. Upon receipt of such appeal, the ZBA shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify, or annul the appealed from action or determination.
The actions and determinations of the Town Board, the Planning Board, the ZBA, and the SMO referenced in this article shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules (CPLR). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any administrative appeals as provided for in this article.
The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this article, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. All owners and entities working upon or engaged in any clearing, grading, excavation, construction, cleanup, remediation, or restoration work shall indemnify and keep and save harmless the Town from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Town from or by reason of or on account of accidents, injuries, damages, and/or losses to persons or property. This indemnity provision shall be construed and applied to the maximum extent permitted by law. The Town may require that any such person or entity procure liability insurance in a minimum amount of $1,000,000 per incident per person and that the Town be named an additional insured thereunder.
An Environmental Assessment Form (EAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act and its implementing Regulations at 6 NYCRR Part 617 (together herein, "SEQRA"). If the EAF indicates that the proposed activity may have significant environmental impacts or consequences, the Town Board or Planning Board, as applicable, shall require that a Draft Environmental Impact Statement (DEIS) be submitted. The application shall not be considered complete until the DEIS, if one is required, has been accepted by the Town Board or Planning Board, as applicable. When required by law, the Town Board and/or Planning Board shall hold public hearings upon any aspect of environmental review under SEQRA.
Where the Town Board or Planning Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board or Planning Board find and record in their minutes that:
Granting the waiver would be keeping with the intent and spirit of this article and is in the best interests of the community;
There is no adverse effect upon the character, appearance, or welfare of the neighborhood and any watercourses, watersheds, or surface waters;
There are special circumstances involved in the particular case;
Denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and
The waiver is the minimum necessary degree of variation from the requirements of this article.
If any clause or provision of this article shall be held invalid or unenforceable by a court or tribunal of competent jurisdiction, such holding shall not affect or invalidate the remainder of this article and any such invalidity or unenforceability shall be confined in its operation to the clause or provision directly involved in the controversy in which such holding shall have been rendered.