[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 6-6-2018 by L.L. No. 6-2018. Amendments noted where applicable.]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and disposition;
B.
This runoff contributes to increased quantities of waterborne pollutants,
including siltation of aquatic habitat for fish and other desirable
species;
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into the soil,
thereby increasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled through the regulation of stormwater runoff from land
development activities;
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, and nonpoint source pollution
associated with stormwater runoff rates and volumes, soil erosion,
stream channel erosion, and nonpoint source pollution associated with
stormwater runoff is in the public interest and will minimize threats
to public health and safety;
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater requirements and controls to protect and safeguard the general health, safety and welfare of the public residing within the jurisdiction and to address the findings of fact in § 204-1. This chapter seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-0-15-003, or as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-15-002, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and to maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate those threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Town of Oyster Bay has the authority
to enact and amend local laws for the purposes of promoting the health,
safety and welfare of the residents of the Town of Oyster Bay, and
protecting and enhancing its physical environment. In any such local
law, the Town Board of the Town of Oyster Bay may provide for the
appointment of any municipal officer, employee or independent contractor
to effectuate, administer and enforce such local law.
A.
This chapter shall be applicable to all land development activities as defined in this chapter, § 204-6.
B.
The municipality shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
(SWPPP) and forward such plans to the applicable municipal board.
The Stormwater Management Officer may review the plans, engage the
services of a registered professional engineer to review the plans,
specifications, and related documents at a cost not to exceed a fee
schedule established by said governing board, or accept the certification
of a licensed professional that the plans conform to the requirements
of this chapter.
The following activities may be exempt from review under this
chapter:
A.
Agricultural activity, as defined in this chapter;
B.
Routine maintenance activities that disturb less than five acres,
and that are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility;
C.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer;
D.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Oyster Bay, or the County of Nassau, before
the effective date of this chapter;
E.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter;
F.
Cemetery graves;
G.
Installation of fence, sign, telephone and electric poles, and other
kinds of poles or posts;
H.
Emergency activity immediately necessary to protect life, property
or natural resources;
I.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family; and
J.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meanings set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, using land for growing agricultural products,
and cutting timber for sale, but shall not include the operation of
a dude ranch or similar operation, or the construction of new structures
associated with agricultural activities.
A property owner who has filed an application for a land
development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The most recent version of the New York State Stormwater
Management Design Manual, including updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A state pollutant discharge elimination system permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
equal to or greater than one acre, or activities disturbing less than
one acre of total land area that is part of a larger common plan of
development or sale, even though multiple separate and distinct land
development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any person holding proprietary
rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from discernible, confined
and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement (such as total suspended
solids, turbidity, or siltation) and any other pollutant identified
as a cause of impairment of any water body that will receive a discharge
from the land development activity.
Land development activity.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other Department-endorsed individual(s). It
can also mean someone working under the direct supervision of, and
at the same company as, the licensed professional engineer or registered
landscape architect, provided that person has training in the principles
and practices of erosion and sediment control. Training in the principles
and practices of erosion and sediment control means that the individual
working under the direct supervision of the licensed professional
engineer or registered landscape architect has received four hours
of Department-endorsed training in proper erosion and sediment control
principles from a Soil and Water Conservation District, or other Department-endorsed
entity. After receiving the initial training, the individual working
under the direct supervision of the licensed professional engineer
or registered landscape architect shall receive four hours of training
every three years. It can also mean a person that meets the qualified
professional qualifications in addition to the qualified inspector
qualifications. (NOTE: Inspections of any post-construction stormwater
management practices that include structural components, such as a
dam for an impoundment, shall be performed by a licensed professional
engineer.)
A person that is knowledgeable in the principles and practices
of stormwater management and treatment, such as a licensed professional
engineer, registered landscape architect or other Department-endorsed
individual(s). Individuals preparing SWPPPs that require the post-construction
stormwater management practice component must have an understanding
of the principles of hydrology, water quality management practice
design, water quantity control design, and, in many cases, the principles
of hydraulics. All components of the SWPPP that involve the practice
of engineering, as defined by the NYS Education Law (see Article 145),
shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or specify stormwater standards.
The use of practices that prevent exposed soil from eroding.
An order issued that requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices designed
to reduce stormwater runoff and mitigate its adverse impacts on property,
natural resources, and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
management runoff.
The Commissioner of the Department of Public Works, or his
or her designee, who shall be responsible to enforce this chapter,
and to accept and review stormwater pollution prevention plans, forward
the plans to the applicable municipal board and inspect stormwater
management practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage,
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean, within the territorial seas of the State of New
York, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including waste treatment ponds or lagoons
which also meet the criteria of this definition, are not waters of
the state. This exclusion only applies to man-made bodies of water
that neither were originally created in waters of the state (such
as a disposal area in wetlands) nor resulted from impoundment of waters
of the state.
A 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 runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan (SWPPP) requirement. No application
for approval of a land development activity that requires a SWPPP
shall be granted until the appropriate board has received and approved
a SWPPP prepared in accordance with the specifications within this
chapter. An owner or operator of a construction activity that is subject
to the requirements of a regulated, traditional land use control MS4
must first prepare a SWPPP in accordance with all applicable requirements
and then have its SWPPP reviewed and accepted by the SMO or designee
prior to submitting the notice of intent (NOI) to the Department.
The owner or operator shall have the "MS4 SWPPP Acceptance" form signed
in accordance with the requirements of GP-0-15-002, or as amended
or revised, and then submit that form along with a completed NOI to
the Department. An owner or operator shall not commence construction
activity until their authorization to discharge under this permit
is in effect.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
sediment controls:
(a)
Background information about the scope of the project, including
location, type, and size of project;
(b)
Site/map construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance; areas that
will not be disturbed; existing vegetation; on-site and adjacent off-site
water(s); wetlands and drainage patterns that could be affected by
the construction activity; existing and final slopes; locations of
off-site material; waste, borrow or equipment storage areas; and location(s)
of the stormwater discharge(s);
(c)
A description of the soil(s) at the present site, including
an identification of the hydrologic soil group (HSG);
(d)
A construction phasing plan describing the intended sequence
of construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time without prior written authorization pursuant
to Department SPDES General Permit for Stormwater Discharges from
Construction Activity Permit No. GP-0-15-002 (or as amended). At a
minimum, the owner or operator must comply with the following requirements
in order to be authorized to disturb greater than five acres of soil
at any one time:
[1]
The owner or operator shall have a qualified inspector conduct
at least two sediment and erosion control inspections in accordance
with Part IV.C of the SPDES General Permit every seven calendar days,
for as long as greater than five acres of soil remain disturbed. The
two inspections shall be separated by a minimum of two full calendar
days.
[2]
In areas where soil disturbance activity has temporarily or
permanently ceased, the application of soil stabilization measures
must be initiated by the end of the next business day and completed
within seven days from the date the current soil disturbance activity
ceased. The soil stabilization measures selected shall be in conformance
with the technical standard, New York State Standards and Specifications
for Erosion and Sediment Control, dated November 2016 (or as amended).
[3]
The owner or operator shall prepare a phasing plan that defines
maximum disturbed area per phase and shows required cuts and fills.
[4]
The owner or operator shall install any additional site-specific
practices needed to protect water quality.
[5]
The owner or operator shall include the requirements above in
their SWPPP.
(e)
A description of the pollution prevention measures that will
be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(f)
A description of construction and waste materials expected to
be stored on site with updates, as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project closeout;
(h)
A site map/construction drawing(s) specifying the location(s),
sizes, and lengths of each sediment control practice;
(i)
The dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
The temporary practices that will be converted to permanent
control measures;
(k)
The implementation schedule for staging temporary erosion and
sediment control practices, including the timing of the initial placement
and duration that each practice should remain in place;
(l)
A maintenance schedule to insure continuous and effective operation
of the erosion and sediment control practice;
(m)
The name(s) of the receiving water(s);
(n)
A delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
A description of structural practices designed to divert flows
from exposed soils, store flows or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities as defined in § 204-6 of this chapter and meeting condition A, B or C below shall also include water and water quality controls (post-construction stormwater runoff controls) as set forth in this chapter as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total
maximum daily load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development activities
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
A description of each post-construction stormwater management
practice;
(c)
Site map/construction drawing(s) showing the specific locations
and sizes of each post-construction management practice;
(d)
A hydrologic and hydraulic analysis for all structural components
of the stormwater management system for applicable design storms;
(e)
A comparison of post-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)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with the
transfer of title to the property; and
(i)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 204-9 of this chapter.
(j)
The SWPPP shall be prepared by a qualified professional 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 chapter.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
The owner or operator shall have each of the contractors and subcontractors
identified in the SWPPP sign a copy of the following certification
statement before they commence any construction activity: "I hereby
certify under penalty of law that I understand and agree to comply
with the terms and conditions of the SWPPP and agree to implement
any corrective actions identified by the qualified inspector during
a site inspection. I also understand that the owner or operator must
comply with the terms and conditions of the most current version of
the New York State Pollutant Discharge Elimination System ("SPDES")
general permit for stormwater discharges from construction activities
and that it is unlawful for any person to cause or contribute to a
violation of water quality standards. Furthermore, I am aware that
there are significant penalties for submitting false information,
that I do not believe to be true, including the possibility of fine
and imprisonment for knowing violations."
(2)
In addition to providing the certification statement above, the certification
page must also identify the specific elements of the SWPPP that each
contractor and subcontractor will be responsible for and include the
name and title of the person providing the signature; the name and
title of the trained contractor responsible for SWPPP implementation;
the name, address and telephone number of the contracting firm; the
address (or other identifying description) of the site; and the date
the certification statement is signed. The owner or operator shall
attach the certification statement(s) to the copy of the SWPPP that
is maintained at the construction site. If new or additional contractors
are hired to implement measures identified in the SWPPP after construction
has commenced, they must also sign the certification statement and
provide the information listed above.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purposes of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter.
(1)
The New York State Stormwater Management Design Manual (the New York
State Department of Environmental Conservation, most current version,
or its successor, hereinafter referred to as the "Design Manual").
(2)
New York State Standards and Specifications for Erosion and Sediment
Control, dated November 2016, or as amended or revised, hereinafter
referred to as the "Erosion Control Manual".
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant, or developer, must demonstrate equivalence to the technical standards set forth in Subsection A, and the SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in the surface waters of the State
of New York.
A.
Maintenance and inspection during construction.
(1)
The owner or operator of each construction activity that requires
preparation of a SWPPP shall have a trained contractor inspect the
erosion and sediment control practices and pollution prevention measures
being implemented within the active work area daily to ensure that
they are being maintained in effective operating condition at all
times. If deficiencies are identified, the contractor shall begin
implementing corrective actions within one business day and shall
complete the corrective actions in a reasonable time frame.
(2)
The owner or operator shall have a qualified inspector conduct site
inspections in conformance with the following requirements: Unless
otherwise notified by the Department, the qualified inspector shall
conduct site inspections in accordance with the following timetable:
(a)
For construction sites where soil disturbance activities are
on-going, the qualified inspector shall conduct a site inspection
at least once every seven calendar days.
(b)
For construction sites where soil disturbance activities are
on-going and the owner or operator has received authorization in accordance
with the provisions of this chapter to disturb greater than five acres
of soil at any one time, the qualified inspector shall conduct at
least two site inspections every seven calendar days. The two inspections
shall be separated by a minimum of two full calendar days.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant, or developer, must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Oyster Bay to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter. The easement shall be recorded by the grantor in
the Office of the Nassau County Clerk after approval by the counsel
for the Town of Oyster Bay.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure that they are maintained and operated to achieve
the goals of this chapter. Proper operation and maintenance also includes,
as a minimum, the following:
(1)
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 owner or operator to achieve the goals
of this chapter.
(2)
Written procedures for operation and maintenance and training new
personnel.
D.
Maintenance agreements. The Town of Oyster Bay shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the Nassau County Clerk
as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this chapter, entitled Sample Stormwater Control
Facility Maintenance Agreement. (Note: Schedule B, Sample Stormwater
Control Facility Maintenance Agreement, is included at the end of
this chapter.)[1] The Town of Oyster Bay, in lieu of a maintenance agreement,
and at its sole discretion, may accept dedication of any existing
or future stormwater management facility, provided such facility meets
all of the requirements of this chapter and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Town offices.
For stormwater pollution prevention plan provisions relating
to subdivision plat approval, see §§ 246-5.4.1.6.2
and 246-5.4.1.9.2.
A.
Erosion and sediment control inspection.
(1)
The Oyster Bay Stormwater Management Officer may require such inspections
as are necessary to determine compliance with this chapter and may
either approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the stormwater pollution prevention plan (SWPPP), as approved.
To obtain inspections, the applicant shall notify the Town of Oyster
Bay enforcement official at least 48 hours before any of the following,
as required by the Stormwater Management Office:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified, in writing, of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
B.
Stormwater management practice inspections. The Town of Oyster Bay
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any SMPs located on-site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by
a professional engineer.
C.
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to: routine inspections, inspections based on complaints
or other notice of possible violations, inspections 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 other 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
SMPs.
D.
Submission of reports. The Town of Oyster Bay Stormwater Management
Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this
chapter.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Oyster Bay the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection specified in Subsection C hereof.
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Oyster Bay
in its approval of the stormwater pollution protection plan, the Town
of Oyster Bay may require the applicant or developer to provide, prior
to construction, a performance bond, cash escrow or irrevocable letter
of credit from an appropriate financial surety institution which guarantees
satisfactory completion of a project and names the Town of Oyster
Bay as the beneficiary. The security shall be in an amount to be determined
by the Town of Oyster Bay based on 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 of Oyster Bay, provided that such period be
not less than one year from the date of final acceptance or such other
certification that the facility(ies) have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facility(ies) have been found to be acceptable
to the Town of Oyster Bay. Per-annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Oyster Bay with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion and control facilities both during and after construction
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Oyster Bay
may draw upon the account to cover the costs of proper operation and
maintenance, including, but not limited to, engineering and inspection
costs.
C.
Recordkeeping. The Town of Oyster Bay may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Oyster Bay determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measure necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action; and
(5)
A statement of the penalty or penalties that shall, or may, be assessed
against the person to whom the notice is directed.
B.
Stop-work orders. The Town of Oyster Bay may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Oyster
Bay confirms that the land development activity is in compliance and
the violation has been satisfactorily addressed. Failure to address
a stop-work order may result in civil, criminal or monetary penalties
in accordance with the enforcement measures authorized in this chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
Penalties. In addition to, or in place of, any penalty provided herein
or otherwise provided by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, upon conviction of a first offense. A conviction
for a second offense, committed within five years of a conviction
for a first offense, shall be punishable by a fine not exceeding $700
or a period of imprisonment not to exceed six months, or both. A conviction
for a third or subsequent offense, committed within five years of
all previous convictions for violation of this chapter, shall be punishable
by a fine not exceeding $1,000 or a period of imprisonment not to
exceed six months, or both. However, for the purposes of conferring
jurisdiction upon the courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purposes
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate and additional violation.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Oyster
Bay shall take all necessary corrective action, the cost of which
shall become a lien upon the property until paid.
The Town of Oyster Bay may require any person undertaking land
development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections or SMP
maintenance performed by the Town of Oyster Bay or by a third party
for the Town of Oyster Bay.
If the provisions of any article, section, subsection, paragraph,
subdivision, clause, phrase, or sentence of this chapter shall be
judged invalid by a court of competent jurisdiction, such order of
judgment shall not affect or invalidate the remainder of any article,
section, subsection, paragraph, subdivision, clause, phrase or sentence
of this chapter.
