[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:
A.
To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, illicit activities and illicit discharges
to the MS4 and to surface waters;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.
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:
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.
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, as
amended or revised. 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.
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.
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:
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
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.
Any direct or indirect nonstormwater discharge to the MS4 or a surface water, except as exempted by § 225-7 of this article.
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.
Activities requiring the SPDES permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
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.
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.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where a municipality has been notified that the discharge of stormwater authorized under their MS4 permit may have caused, or has the reasonable potential to cause or contribute to, the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATER(s)R(s) — The condition in the municipality's MS4 permit that applies where the MS4 discharges to a § 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water(s).
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the municipality's MS4 permit where a TMDL, including requirements for control of stormwater discharge, has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by 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.
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.
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.
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.
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.
A.
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:
(1)
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.
(2)
Discharges approved, in writing, by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
(3)
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.
(4)
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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the MS4 or any surface water is prohibited.
(2)
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.
(3)
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.
B.
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.
C.
Agricultural activities are exempt from consideration under this
section if they:
(1)
Meet the requirements of any applicable agricultural regulations;
and
(2)
Are participating in the Agricultural Environmental Management program
or otherwise applying current agricultural best management practices;
or
(3)
Are determined to be sound agricultural practices, as described in
Agricultural and Markets Law of New York State.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
Access to facilities.
(1)
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.
(2)
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.
(3)
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).
(4)
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.
(5)
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.
(6)
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.
A.
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:
(1)
The elimination of illicit discharges and illicit connections;
(2)
That violating discharges, practices, or operations shall cease and
desist;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards, and the restoration of any affected premises;
(4)
The performance of monitoring, analyses, and reporting requirements;
(5)
The payment of a fine; and/or
(6)
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.
B.
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.
C.
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.
D.
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)]
(1)
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.
(2)
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.
(3)
Each week that any noncompliance or violation continues is and may
be charged as a separate violation.
E.
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)]
F.
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)]
G.
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:
A.
Granting the waiver would be keeping with the intent and spirit of
this article, and is in the best interests of the community;
B.
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;
C.
The waiver will not result in the discharge of any hazardous materials;
D.
There are special circumstances involved in the particular case;
E.
Denying the waiver would result in undue hardship, provided that
such hardship has not been self-imposed; and
F.
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.
A.
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:
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 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.
The New York State Department of Environmental Conservation.
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.
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.
A sedimentation containment facility, a stormwater control
facility, or any combination thereof that is installed within or in
association with any land development activity.
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.
Water whose purity has been diminished by pollution and/or
sedimentation, including waters and surface waters upon the DEC § 303(d)
list.
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.
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.
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."
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:
Equal to or greater than one acre; or
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
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.
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.
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.
The Planning Board of the Town of Lansing, New York.
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.
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.
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.
A practice, methodology, measure, act, design, or any combination
thereof, that reduces or prevents sedimentation.
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.
Any and all impervious cover that is built, attached, or
deposited upon a parcel.
An acronym for State Pollutant Discharge Elimination System.
An SPDES permit that acts to regulate an applicant's,
developer's, landowner's, or operator's land development
activity.
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.
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).
A practice, methodology, measure, act, design or any combination
thereof that reduces or prevents stormwater runoff.
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.
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.
An employee, agent, or officer appointed by the Town to:
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.
A plan for controlling sedimentation, erosion, pollutants,
and stormwater runoff from a parcel during and following land development
activities.
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.
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.
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:
A.
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
B.
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
C.
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
D.
Improper design and construction of Erosion Control Facilities acts
to increase the rate of Erosion within the Town; and
E.
Impervious covers act to increase erosion and to decrease the rates
of infiltration, groundwater recharge, and stream base flow within
the Town; and
F.
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
G.
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
H.
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
I.
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:
A.
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
B.
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
C.
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
D.
Minimizing increases in water pollution caused by stormwater runoff
and erosion generated by land development activities in order to preserve
local water quality; and
E.
Minimizing the total annual volume of stormwater runoff and erosion
that is generated by parcels during and following land development
activities; and
F.
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
G.
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:
A.
This article shall be applicable to all land development activities.
B.
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:
(1)
Review
proposed land development activities and SWPPPs; and
(2)
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
(3)
Accept
the certification of licensed professionals that the proposed SWPPP
conforms to the requirements of this article; and
(4)
Conduct
inspections and undertake other acts and actions as allowed or permitted
by this article.
C.
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.
D.
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.
E.
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:
A.
Agricultural activities as defined above.
B.
Silvicultural activities, except that landing areas and log haul
roads are subject to the requirements of this article as land development
activities.
C.
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.
D.
Repairs to any stormwater control facility ordered by the SMO.
E.
Cemetery graves.
F.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
G.
Emergency activities (as determined by the SMO) made in order to
protect against immediate threats to life, property, or the environment
within the Town.
H.
Activities of persons who engage in home gardening by growing flowers,
vegetable and other plants primarily for use by those persons and
their families.
I.
Landscaping and horticultural activities performed in connection
with an existing building.
A.
Definitions. The terms used in this article or in documents prepared
or reviewed under this article shall have the meaning as set forth
above.
B.
Stormwater Pollution Prevention Plans (SWPPPs):
(1)
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.
(2)
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:
(a)
Background information concerning the scope of each land development
activity, including the location, type, physical size, estimated cost,
duration, and anticipated life span;
(b)
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;
(c)
A description of the preexisting soil, vegetative surface cover,
and site impervious cover present;
(d)
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;
(e)
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;
(f)
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;
(g)
The temporary and permanent structural and vegetative measures
to be used for stabilization, from initial clearing to project close-out;
(h)
A site map/construction drawing(s) specifying the location,
size and expected life span of each stormwater management practice;
(i)
The dimensions, material specifications, and installation details
for each stormwater management practice, including siting and sizing;
(j)
A list of each stormwater management practice that will be converted
from temporary to permanent;
(k)
An implementation schedule, including the timing of initial
placement and the duration for staging of each temporary stormwater
management practice;
(l)
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;
(m)
The name(s) of any surface water(s) that will receive stormwater
runoff and/or sedimentation;
(n)
A delineation of SWPPP implementation responsibilities for each
phase and each part of the parcel;
(o)
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
(p)
Data that accurately reflects current and projected future stormwater
runoff and erosion rates.
(3)
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:
(a)
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.
(b)
Condition B. Stormwater runoff, erosion, or sedimentation occurring
from land development activities disturbing five or more acres.
(c)
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.
(4)
SWPPP requirements necessary to meet Conditions A, B and C:
(a)
All information required in § 225-28B(2) above;
(b)
A description of each post-construction stormwater management
practice;
(c)
A site map and construction drawing(s) showing the specific
location(s) and size(s) of each post-construction stormwater management
practice;
(d)
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;
(e)
A comparison of post-development stormwater runoff conditions
with pre-development stormwater runoff conditions;
(f)
The dimensions, material specifications, and installation details
for each post-construction stormwater management practice;
(g)
A maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(h)
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;
(i)
Inspection and maintenance agreement(s) binding on all subsequent
landowners served by the on-site stormwater management practices.
(5)
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.
(6)
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.
(7)
Contractor certification.
(a)
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."
(b)
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.
(c)
The above certification statement(s) shall become part of the
SWPPP.
(8)
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.
C.
Performance and design criteria for stormwater management practices.
All land development activities shall be subject to the following
performance and design criteria:
(1)
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.
(2)
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.
D.
Maintenance and repair of stormwater management practices.
(1)
Maintenance during construction.
(a)
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%.
(b)
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.
(c)
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.
(2)
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.
(3)
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)
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
(b)
Written procedures for the operation and maintenance of any
facilities, together with written procedures for the training of new
maintenance personnel; and
(c)
Discharges from any stormwater management practices shall not
exceed design criteria or cause or contribute to water quality standard
violations.
(4)
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:
(a)
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
(b)
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.
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.
A.
Construction inspection.
(1)
Stormwater management practices inspection.
(a)
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:
[1]
Start of construction; and
[2]
Installation of sediment-and-erosion-control measures; and
[3]
Completion of site clearing; and
[4]
Completion of rough grading; and
[5]
Completion of final grading; and
[6]
Close of the construction season for the project; and
[7]
Completion of final landscaping; and
[8]
Successful establishment of landscaping in public areas.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
Performance guarantee.
(1)
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.
(2)
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.
(3)
Recordkeeping. The Town may require entities subject to this article
to maintain records demonstrating compliance with this article.
C.
Enforcement and penalties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
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:
(a)
The name and address of the landowner, developer, operator,
and/or applicant;
(b)
The address, when available, or a description of the building,
structure, or parcel upon which the violation occurred or is occurring;
(c)
A statement specifying the nature of the violation;
(d)
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;
(e)
A statement of the penalty or penalties that may be assessed
against any person or entity to whom the notice of violation is directed;
(f)
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.
(2)
Stop-work orders, certificates and permits:
(a)
The SMO may issue a stop-work order for violations of this article.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(3)
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.
(a)
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.
(b)
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.
(c)
Each week that any noncompliance or violation continues is and
may be charged as a separate violation.
(4)
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.
(5)
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:
A.
Granting
the waiver would be keeping with the intent and spirit of this article
and is in the best interests of the community;
B.
There
is no adverse effect upon the character, appearance, or welfare of
the neighborhood and any watercourses, watersheds, or surface waters;
C.
There
are special circumstances involved in the particular case;
D.
Denying
the waiver would result in undue hardship, provided that such hardship
has not been self-imposed; and
E.
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.
