A.
Findings.
(1)
Land development projects and associated increases in impervious
cover alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, stream channel erosion,
and sediment transport and deposition. This stormwater runoff contributes
to increased quantities of waterborne pollutants. Stormwater runoff,
soil erosion and nonpoint source pollution can be controlled and minimized
through the regulation of stormwater runoff from development sites.
(2)
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches and the dredging of waterways.
In addition, clearing and/or grading during construction causes the
loss of native vegetation necessary for terrestrial and aquatic habitat
and to provide a healthy living environment for citizens of the Village.
B.
As a result, the purpose of this article is to safeguard public health,
protect property, prevent damage to the environment and promote the
public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of
earth on land in the Village.
As used in this article, the following terms shall have the
meanings indicated:
A property owner or agent of a property owner who has filed
an application for site plan approval or a building permit.
Any activity which removes the vegetative surface cover.
The Building Inspector, or any individual authorized to act
in his place and stead.
The Code Enforcement Officer and such other individual(s)
directed by the Village to conduct site inspections and/or perform
other municipal duties.
The development regulations for land development as adopted
by the Board of Trustees of the Village of Spencerport.[1]
Any channel that conveys surface runoff throughout the site.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance.
A set of plans prepared by or under the direction of a licensed
professional engineer, indicating the specific measures and sequencing
to be used controlling sediment and erosion on a development site
before, during and after construction.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
Excavation or fill of material, including the resulting conditions
thereof.
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
Established by Section 402 of the Clean Water Act,[2] this federally mandated system is used for regulating
point source and stormwater discharges.
A barrier that prevents sediment from leaving a site either
by filtering sediment-laden runoff or diverting it to a sediment trap
or basin.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
Any person trained in the principles and practices of erosion
and sediment control, and stormwater management; such as a licensed
civil engineer, certified professional in erosion and sediment control,
licensed landscape architect or qualified Soil and Water Conservation
District staff.
As related to inspection of construction-site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff and grading.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
A United States Environmental Protection Agency (USEPA) approved
program with permits issued in accordance with the New York State
Environmental Conservation Law that authorizes stormwater discharges
from certain construction activities to waters of the United States.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
The flow on the surface of the ground resulting from precipitation.
A plan that is designed to minimize stormwater pollution
and the accelerated erosion and sediment runoff at a site during and
after construction activities.
The Village of Spencerport.
Any body of water, including, but not limited to, lakes,
ponds, rivers, streams, or drainage ditches which have been delineated
by the Village or any other local, state, or federal regulatory authority.
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
This article shall be applicable to all subdivision, site plan,
and building permit applications that will disturb the earth by greater
than or equal to one acre of land. This article also applies to land
development activities that are less than one acre of disturbance
if such activities are part of a larger common plan of development
that will disturb by greater than or equal to one acre of land, even
though multiple separate and distinct land development activities
may take place at different times on different schedules.
A.
Compliance with this article does not relieve the applicant of the
obligation and responsibility to also obtain separate coverage under
the NYSDEC SPDES general permit for construction activities for those
projects that would require it. For projects also applying for coverage
under the NYSDEC SPDES general permit for stormwater discharges from
construction activity, the applicant shall submit a copy of the stormwater
pollution prevention plan (SWPPP), a notice of intent (NOI) with a
certification statement, including the date, demonstrating submission
to the NYSDEC and any related documents to the Superintendent of Highways,
the Municipal Engineer or Code Enforcement Officer for review and
approval.
B.
The requirements of this article should be considered minimum requirements,
and where any provision of this article imposes restrictions different
from those imposed by any other federal, state, or local law, ordinance,
rule or regulation, or other provision of law, the provisions that
are more restrictive or impose more stringent requirements shall take
precedence.
In accordance with Article 21 of the Village Law of the State
of New York and Article 3 of the Municipal Home Rule Law of the State
of New York, the Village Board of Trustees has the authority to enact
laws for the purpose of promoting the health, safety, or general welfare
of the Village, including the protection and preservation of the property
of its inhabitants. By the same authority, the Village Board of Trustees
may include in any such law provisions for the appointment of any
municipal employees to effectuate and administer such law.
The Village requires the use of technical standards for erosion
and sediment controls. These are detailed in the Village of Spencerport
Design Criteria and the New York State Department of Environmental
Conservation's Standards and Specifications for Erosion and Sediment
Control. For the design of water quality and water quantity controls
(construction stormwater runoff control practices), the NYSDEC's technical
standards are detailed in the New York State Stormwater Management
Design Manual.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a building permit
for land-disturbing activity which would require the disturbance of
greater than or equal to one acre of land shall also include with
its submission an SWPPP that shall be reviewed and approved by the
relevant board or Code Enforcement Officer prior to issuance of the
final site plan approval or a building permit.
(2)
No applicant shall be granted site plan approval or a building permit
which would require the disturbance of greater than or equal to one
acre of land without the review and approval of an SWPPP by the Village.
(3)
Furthermore, prior to the issuance of a building permit or site plan approval all projects that would result in the disturbance of greater than or equal to one acre of land will be required to comply with all applicable provisions of Article II of this chapter, Design and Management of Stormwater Pollution Prevention Measures. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Article II have been met to the satisfaction of the Village.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 276-13.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 276-9 of this article.
(6)
Each application shall include a statement that any land clearing,
construction, or development involving the movement of earth shall
be in accordance with the submitted SWPPP.
B.
Review and approval of application. Where a site plan approval is
required, the review and approval of the SWPPP shall be conducted
as part of the site plan approval process by the Zoning Board of Appeals.
Where no site plan is required, the review and approval of the SWPPP
shall be conducted as part of the building permit approval process
by the Code Enforcement Officer or the Superintendent of Highways.
C.
Exemptions. An SWPPP is not required for the following activities:
(1)
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources.
(2)
Existing nursery and agricultural operations conducted as a permitted
main or accessory use.
(3)
Repairs to any stormwater treatment practice deemed necessary by
the Village.
(4)
Additions or modification to existing single-family structures, provided
the land disturbance area does not exceed the greater-than-or-equal-to-one-acre
threshold.
(5)
Developments that disturb less than one acre of land, provided they
are not part of a larger common development plan.
The Village may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Village prior to issuance of a permit in order to ensure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved under the permit, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 276-9 of this article. At its discretion, the Village may allow for a partial release of the financial guarantee based on the completion of various development stages.
Prior to final approval of a land development activity, an SWPPP
shall be prepared by the applicant in accordance with the specifications
outlined by the Village and reviewed by the appropriate board. This
plan must be prepared by a qualified professional in accordance with
sound engineering practices. The final plan must be signed by a New
York State licensed professional engineer (PE), who will certify that
the design of all stormwater pollution prevention and erosion and
sediment control practices meets the requirements outlined in the
Village of Spencerport Design Criteria and the New York State Standards
and Specifications for Erosion and Sediment Control and shall be adequate
to prevent transportation of sediment from the site to the satisfaction
of the Village.
A.
Minimum requirements. The plan shall include but not necessarily
be limited to the following:
(1)
Contact information that includes the name, address, and telephone
number of all persons having a legal interest in the property and
the tax reference number and parcel number of the subject property
or properties.
(2)
A topographic base map of the site at a scale of one inch equals
50 feet which extends a minimum of 200 feet beyond the limits of the
proposed development and indicates existing surface water drainage
features, including receiving waters (name of the water, its classification
and designation), streams, ponds, culverts, ditches, and wetlands;
areas of disturbance; areas that will not be disturbed; locations
of utilities, roads, soil types, forest cover, and resources protected
under other chapters of this Code or by easements; and significant
natural and man-made features not otherwise shown. The map shall also
include the existing and proposed grading contours, waste areas, borrow
areas, equipment and material storage areas and proposed concrete
cleanout basin(s) and construction entrance.
(3)
A sequence for construction of the development site, including stripping
and clearing, rough grading, construction of utilities, infrastructure,
and buildings, and final grading and landscaping. Sequencing shall
identify the expected date on which clearing will begin, the estimated
duration of exposure of cleared areas, and the sequence of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation. Consistent with the New York
Standards and Specifications for Erosion and Sediment Control Manual,
not more than five acres shall be disturbed at any one time unless
pursuant to an approved SWPPP and a letter of permission from the
NYSDEC.
(4)
Illustration of all necessary erosion and sediment control measures
and provide the dimensions, material specifications and installation
details for each in order to meet the objectives of this article throughout
all phases of construction and completion of development of the site.
Depending upon the complexity of the project, the drafting of intermediate
plans may be required at the close of each season.
(5)
Identification of the parts or components of the SWPPP that require
maintenance. Furthermore, it shall also provide a schedule of required
maintenance and identify the party responsible for such work.
(6)
Identification of all temporary practices that will be converted
to permanent control measures.
(7)
A description of the pollution prevention measures that will be used
to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on-site with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials, including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(8)
A description of the 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 disturbance
to project closeout, including who will be responsible for the maintenance
of said features at the site and what practices will be employed to
ensure that adequate vegetative cover is established and preserved.
For temporary and permanent vegetative control measures, the seeding
mixtures and rates, types of sod, method of seedbed preparation, depth
of topsoil, expected seeding dates, type and rate of lime and fertilizer
application, and kind and quantity of mulching shall be provided.
(9)
Assurance that all other applicable environmental permits have been
acquired for the site prior to initial land disturbance. Copies of
the applicable environmental permits shall be provided to the Village.
(10)
Assurance that the applicant or their responsible individual
shall be on-site at all times when earthwork or grading activity takes
place and shall inspect and document the effectiveness of all erosion
and sediment control practices.
(11)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any construction activity at the site:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the SWPPP. I also understand that
it is unlawful for any person to cause or contribute to a violation
of the water quality standards." The certification must include the
name and title of the person providing the signature; address and
telephone number of the contracting firm; the address (or other identifying
description) of the site; and the date the certification is made.
The certification statement must be included in the SWPPP.
B.
Design requirements of the plan. Grading, erosion control practices,
pollution prevention practices, sediment control practices, and waterway
crossings shall meet the design criteria set forth in the most recent
version of the Village of Spencerport Design Criteria, New York State
Stormwater Management Design Manual, and New York Standards and Specifications
for Erosion and Sediment Control and shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the
Village. If there is a conflict between any of the standards, the
more stringent standard shall apply.
C.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to the Village and
shall be approved or disapproved.
(2)
Required amendments.
(a)
The applicant shall amend the SWPPP whenever:
[1]
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
[2]
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this article.
(b)
Additionally, the SWPPP shall be amended to identify any new
contractor or subcontractor that will implement any measure of the
SWPPP. Amendments to the SWPPP may be reviewed by the Village. A copy
of the newly amended SWPPP must be provided to the Village within
five business days.
(3)
Field modifications of a minor nature may be authorized by the Village
by written authorization to the applicant.
A.
Village inspections.
(1)
Any application for or acceptance of any permit issued or requested
pursuant to this article constitutes agreement and consent by the
person making application or accepting the permit to allow the Village
to enter upon the premises with valid consent to conduct inspections
as required by this article. Refusal to allow the Village to conduct
said inspections of the premises and the records related to such permit
or required to be maintained by this article shall constitute sufficient
justification for the summary and immediate revocation or suspension
of said permit. In addition, should the Village deem it necessary,
it may make an application to any court of competent jurisdiction
to obtain a warrant authorizing an inspection of the premises in question.
(2)
The Village or designated agent shall make inspections as hereinafter
required and shall either approve that portion of the work completed
or shall notify the applicant that the work fails to comply with the
SWPPP. In addition, the Village reserves the right to enter the work
site at any reasonable time for purposes of inspection. The SWPPP
and the records of any inspections completed by the owner or its agent
shall be maintained at the site in the site logbook throughout the
duration of construction. (Note: For those projects that require a
NYSDEC SPDES general permit for stormwater discharges from construction
activity, a single site logbook should be maintained for both permits.)
(a)
The applicant shall notify the Village at least 48 hours before
the following required inspections:
[1]
Start of construction.
[2]
Erosion and sediment control measures have been installed and
stabilized.
[3]
Site clearing has been completed.
[4]
Rough grading has been completed.
[5]
Final grading has been completed.
[6]
Close of the construction season.
[7]
Final landscaping.
[8]
Closeout inspection.
(b)
The above inspection timetable does not relieve the owner of
the obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(3)
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 earthwork shall be conducted on the
site, except for site stabilization, until the violations are corrected
and approved by the Village.
B.
Property owner/developer inspections. The applicant shall employ
a responsible individual who will oversee the implementation of the
SWPPP on a daily basis. The applicant shall also employ the services
of a qualified professional in erosion and sediment control who will
inspect and document the effectiveness of all erosion and sediment
control practices. The documentation will be kept in a site logbook.
Inspection reports will be completed every seven days and within 24
hours of any storm event producing 0.5 inch of precipitation or more.
A monthly summary of reports will be copied to the site logbook and
delivered to the Village within five days after the month's end.
A.
Duration.
(1)
For a project that requires an NYSDEC stormwater permit, the SWPPP
approved by the Village shall be in effect until:
(2)
For projects that do not require an NYSDEC notice of termination,
the SWPPP is in effect until a final inspection is conducted and the
Village has issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all
stormwater pollution prevention and erosion and sediment control measures
which are installed or used by the applicant to achieve compliance
with the conditions of this article. The land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(2)
At the end of the construction season, when soil disturbance activities
will be finalized or suspended until the following spring, it may
be desirable to reduce the frequency of the required weekly site inspections
to monthly inspections. In order to reduce inspection frequencies,
the applicant must complete stabilization activities before proper
installation is precluded by snow cover or frozen ground. If vegetation
is used as a stabilization method, seeding, planting, and/or sodding
must be scheduled to avoid fall frosts and to allow for proper germination/establishment.
Installations and maintenance must be done according to the New York
State Standards and Specifications for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following project closeout
requirements:
(1)
Reestablish grade of all permanent facilities;
(2)
Inspect grading of all drainage structures and provide elevation
as-builts to the Village;
(3)
Establish perennial vegetative cover to a density of 80% over all
areas not paved;
(4)
Removal of all debris and temporary erosion and sediment control
practices;
(5)
Provide a written certification by a registered professional engineer
that the site has undergone final stabilization and that all temporary
erosion and sediment controls not needed for long-term erosion control
have been removed;
(6)
Complete any other measure deemed appropriate and necessary by the
Village to stabilize the project site.
A.
Stop-work order. The Village may issue a stop-work order for violations
of this article. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Village confirms that the land
development activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this article.
B.
Violation and penalties.
(1)
No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary
to or in violation of any terms of this article. Violations of any
provision or requirement of this article or violation of any statement,
plan, application, permit or certification approved under the provisions
of this article shall be considered a violation punishable by a fine
and/or imprisonment, as provided for in § 55.10 of the Penal
Law of the State of New York. Each day on which any violation of any
of the provisions of this article occurs shall constitute one offense,
and each successive day of violation shall constitute a separate and
distinct offense. Upon conviction of any such violation, such person,
partnership, or corporation shall be punished by a fine of not more
than $250 for each offense. In addition to any other penalty authorized
by this section, any person, partnership, or corporation convicted
of violating any of the provisions of this article shall be required
to bear the expense of such restoration.
(2)
Violations of the SPDES permit can include fines up to $37,500 per
violation per day, which are controlled and issued by the New York
State Department of Environmental Conservation. In addition, the Monroe
County Department of Public Health may issue fines up to $1,000 per
violation per day.
C.
Enforcement official. This article shall be enforced by the Code
Enforcement Officer.
The Village Board of Trustees shall, by resolution, establish
fees for the administration of this article.
