[HISTORY: Adopted by the Town Board of the Town of Mamakating 11-19-2019 by L.L. No. 4-2019. Amendments noted where applicable.]
It is hereby determined that:
A.
Land disturbance and 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 deposition;
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.
Clearing, filling and/or grading activities prior to or 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 decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from these adverse impacts
on the land and waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from clearing, filling and/or grading and 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, 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 clearing, filling and/or grading and land development
activities by means of performance standards governing stormwater
management and site design will ensure that such activities and/or
development are conducted in a manner compatible with the natural
functions of a particular site or an entire watershed and thereby
mitigate the adverse effects of erosion and sedimentation from clearing,
filling and/or grading and any associated development.
The purposes of this chapter, Chapter 160 and § 199-44 are to establish minimum standards for clearing, filling and/or grading activities and stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of facts herein as well as § 160-1 hereof. This chapter, Chapter 160 and § 199-44 seek 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 NYS 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 clearing, filling, and/or
grading and land development activities in order to reduce flooding,
siltation, increases in stream temperature, and streambank erosion
and 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;
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 threats to public safety;
G.
To provide minimum standards to safeguard persons and property and
to promote the public welfare by preventing excessive erosion, hazardous
rock and soil slippage, sediment production and other soil and water
management problems, and by regulating and controlling the design,
construction, quality of materials, use location and maintenance of
grading, excavation and fill; and
H.
To provide for the proper use of land and to deny permission for
all manner of excavations and filling which may leave the ground in
a hazardous or dangerous state; may cause soil erosion, depleting
the land of its natural materials; may render the land unproductive
or unsuitable for agricultural purposes or undesirable for development
purposes; will destroy the aesthetic and natural environment of the
area and/or surrounding area; or may result in damage or destruction
to drainage of the land or surrounding land.
In accordance with § 10 of the Municipal Home Rule
law of the State of New York, the Town of Mamakating has the authority
to enact local laws and amend local laws and for the purpose of promoting
the health, safety or general welfare of the Town of Mamakating and
for the protection and enhancement of its physical environment. The
Town of Mamakating Town Board may include in any such local law provisions
for the appointment of any municipal officer, employees, or independent
contractor to effectuate, administer and enforce such local law.
A.
None of the following activities shall be commenced until an approval
from the appropriate governing Board of the Town of Mamakating has
been granted and/or a clearing, filling and grading permit has been
issued under the provisions of this chapter:
(1)
Any clearing, filling and/or grading or site preparation within wetlands.
(2)
Clearing, filling and/or grading or site preparation on slopes which
exceed one foot of vertical rise to four feet of horizontal distance
(or site preparation in areas known to be subject to severe erosion).
(3)
Clearing, filling and/or grading or site preparation within the 100-year
floodplain of any watercourse.
(4)
Excavation which affects more than 300 cubic yards of materials within
two calendar years within any individual parcel or any one subdivision.
(5)
Stripping which affects more than one acre of ground surface within
two calendar years within any parcel or any subdivision.
(6)
Clearing and/or grading which affects more than one acre of ground
surface within two calendar years within any individual parcel or
any one subdivision.
(7)
Filling which exceeds a total of 300 cubic yards of material within
two calendar years within any parcel or any one subdivision.
(8)
A development or subdivision of five or more units or any development
or subdivision requiring any new street or the extension of municipal
facilities.
B.
The following activities are exempted from permit requirements:
(2)
Highway maintenance performed by or on behalf of the Town of Mamakating
Highway Department.
(5)
Emergency activity immediately necessary to protect life, property
or natural resources, including repairs to any stormwater management
practice or facility deemed necessary by the Stormwater Management
Officer.
D.
The Stormwater Management Officer, who shall accept and review all
stormwater pollution prevention plans and forward such plans to the
applicable municipal board. The Stormwater Management Officer may:
F.
All activities described in § 117-4A and § 117-4B and land development activities as defined in Chapter 160 not subject to review as stated in Subsection E shall be required to submit plans depicting the limits the disturbance of any clearing, filling, grading and/or development plans and a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter and Chapter 160 and issue a grading permit.
G.
All site preparation and construction activities requiring a permit
under this chapter shall be in conformance with the provisions set
forth herein.
H.
Any land disturbance or development activity, clearing, filling and/or
grading, or combination of these activities that affects more than
five acres of land within two calendar years shall require Planning
Board approval.
Where this chapter imposes greater restrictions than are imposed
by the provision of any law, ordinance, regulation or private agreement,
this chapter shall control. Where greater restrictions are imposed
by any law, ordinance, regulation or private agreement than are imposed
by this chapter, such greater restrictions shall control.
As used in this chapter, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting 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.
The Building Inpsector/Code Enforcement Office or any person
designated by the Town Board to administer and maintain the provisions
of this chapter.
Any activity that removes the vegetative surface cover.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses.
Excavation, fill, or movement of material on the surface
or subsurface of land, lakes, ponds or watercourses, including the
resulting conditions thereof.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its sight of origin by erosion.
The activities of stripping, excavation, filling and grading,
no matter what the purpose of these activities.
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
Any activity which removes or significantly disturbs trees,
brush, grass or any other kind of vegetation.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
Any natural or artificial stream, river, creek, ditch, channel,
conduit, culvert, drainageway, gully, ravine or wash in which water
flows in a definite direction or course, either continuously or intermittently,
and which has a definite channel, bed and banks, and any area adjacent
thereto subject to inundation by reason of overflow, flood or stormwater.
Any area identified as regulated wetland by the New York
State Department of Environmental Conservation and all areas of 1/10
acre or greater in area that comprise hydric soils or soils that possess
characteristics associated with reducing soil conditions, and/or are
saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence
of hydrophytic vegetation as defined by the Federal Interagency Committee
for Wetlands Delineation, 1987, in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, Washington, DC, and adopted
by the USACOE, United States Environmental Protection Agency, and
the United States Fish and Wildlife Service, or as amended and updated.
Hydric soils referenced above shall include those listed in the Sullivan
County Soil Survey Series or such revised, updated and adjusted soil
surveys as may be completed.
A.
Before any clearing, filling, and/or grading or site preparation
requiring a permit under this chapter is commenced, a permit application
shall have been filed with the Town Building Inspector, and this application
shall have been approved and a permit shall have been granted pursuant
to the provisions of this chapter.
B.
The application shall include maps and plans prepared by a licensed
architect or engineer, clearly depicting all proposed grading activities
and based upon a current actual field survey, including boundary and
topographic information. The property boundary information shall be
certified by a licensed land surveyor.
C.
The application shall also include a stormwater pollution prevention plan consistent with the requirements of this chapter, Chapter 160 and/or Chapter 199. The SWPPP shall meet the performance and design criteria and standards in Chapter 160. The approved grading permit shall be consistent with the provisions of this chapter and Chapter 160.
D.
The application shall also include an estimate of the costs prepared
by a licensed engineer for all of the proposed activities, including
grading, drainage and erosion control practices. The estimate shall
be prepared with sufficient breakdown and shall be subject to the
review and approval of the Town Engineer.
E.
Upon filing an application for a permit, the applicant(s) shall pay to the Town a fee and establish an escrow to pay for the cost of the review of the Town's consultants as provided in Chapter 95.
F.
The Town Building Inspector, acting, if deemed necessary, with recommendations
from the Town Engineer, the Planning Board and the Superintendent
of Highways, shall have the authority to grant or deny all permits
pursuant to this chapter.
G.
Copies of the permit application shall be submitted to the Building
Inspector, who shall notify the Town Engineer, Planning Board and
as needed. Recommendations on the application shall be made by the
Town Engineer or Superintendent of Highways within 30 days of the
date of filing.
H.
The Town Planning Board may, upon its discretion, conduct public
hearings on permit applications referred to said Planning Board, which
hearings shall be fixed at a reasonable time and shall be given notice
by a newspaper of general circulation in the Town at least 10 days
prior to the date thereof. The applicant must provide the Planning
Board with an affidavit of publication.
I.
The Town Building Inspector shall grant or deny all permits within
60 days of the date of the application unless the applicant and the
authorized official consent to a time extension.
J.
Prior to granting a permit, the authorized official shall determine
that the request is in compliance with the purpose and standards set
forth in this chapter.
K.
In granting a permit, the authorized official shall fix a reasonable
time limit for the termination of the permit and may attach any conditions
which he or she deems necessary to assure compliance with the provisions
of this chapter.
L.
Any proposed modifications to the terms of a grading permit shall
follow the same application review and approval procedures as set
forth for the original permit.
A.
Construction inspection.
(1)
Erosion and sediment control inspector.
(a)
The Town of Mamakating Stormwater Management Officer shall require a preconstruction meeting prior to the start of any grading or construction and may require such inspections as necessary to determine compliance with this chapter, Chapter 160 and Chapter 199 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 Mamakating enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
[1]
Start of construction;
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping;
[8]
Successful establishment of landscaping in public areas.
(b)
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.
(2)
Stormwater management practice inspections. The Town of Mamakating
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices 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,
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including,
but not limited to: routine inspections; random inspections; inspections
based upon complaints or other notice 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 practices.
(5)
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 Mamakating the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3).
B.
Performance guarantee.
(1)
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 Mamakating
in its approval of the stormwater pollution prevention plan, the Town
of Mamakating 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 or surety institution which
guarantees satisfactory completion of the project and names the Town
of Mamakating as the beneficiary. The security shall be in an amount
to be determined by the Town of Mamakating Engineer based on submission
and review of final design plans and an estimate to be prepared by
the applicant's qualified professional 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 Mamakating, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facility (facilities) have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facility (facilities) have been found to
be acceptable to the Town of Mamakating. Per annum interest on cash
escrow deposits shall be reinvested in the account until the surety
is released from liability.
(2)
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 Mamakating 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 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 Mamakating
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Mamakating determines that a land development activity is not being carried out in accordance with the requirements of this chapter, Chapter 160, and Chapter 199, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(2)
Stop-work orders. The Town of Mamakating may issue a stop-work order for violations of this chapter, Chapter 160 and/or Chapter 199. 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 Mamakating 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 chapter.
(4)
Penalties. Penalties shall be assessed in accordance with Town Code
of the Town of Mamakating.
(6)
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 Mamakating
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid. Damage to property of others
shall be considered a violation. The developer shall be deemed financially
responsible for reasonable remedies. The Stormwater Control Officer
shall have the power to compel such remedies through stop-work orders.
D.
Repair of public property. The applicant shall post a bond, in the
form of cash or an irrevocable bank letter of credit approved by the
Highway Superintendent and the Town’s attorney, in an amount
determined by the Highway Superintendent, to secure the repair and
restoration of Town highways and other Town-owned property if the
need for such repair or restoration is caused, or contributed to,
by the clearing, filling or grading activity, including but not limited
to transport over Town highways of material and equipment. The Town
highways shall include all improvements and property located within
25 feet of the center line of the highway. If the applicant fails
or refuses to make the required repair or restoration to the satisfaction
of the Highway Superintendent, the Town Board may, after notice and
due process hearing, cause the necessary repair or reclamation, by
contractor and otherwise, and charge the cost of such work to the
applicant and property owner, and utilize the proceeds of the bond
to pay for the cost and expense of such work and the reasonable attorneys',
consultants', administrative and other fees and expenses incurred
by the Town.
[Added 6-2-2020 by L.L.
No. 3-2020[1]]
E.
Fees for services. The Town of Mamakating may require any person undertaking land development activities regulated by this chapter, Chapter 160 and/or Chapter 199 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Mamakating or performed by a third party for the Town of Mamakating.
