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 deposition.
B. Stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat and increases in
water temperature which are detrimental to fish and other desirable
species.
C. Clearing and grading during construction tends to increase soil erosion
and impact 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 baseflow.
F. Substantial economic losses can result from these adverse impacts
of stormwater runoff on the 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 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 land development activities by means of performance
standards governing stormwater management and site design will produce
development which is more 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.
J. Climate change and the increased risk of severe storms, with the
capacity to increase stormwater runoff and soil erosion, poses a significant
threat to a community's sustainability and the health and safety
of its citizens through potential increases in pollution of its waterways
and damage to infrastructure, economic assets, and natural resources.
K. Green infrastructure (GI) is shown to be an effective method for
reducing impacts from stormwater runoff. It delivers many co-benefits,
and considering subarea context, GI should be implemented in order
to restore natural hydrologic regimes, increase infiltration, slow
runoff, and protect communities from the risks associated with stormwater
runoff and soil erosion.
L. Stream buffers and vegetated floodplains treat stormwater, improve
water quality, reduce floodwater velocity, and provide space to accommodate
flood events.
M. Fitting development design to terrain and avoiding and mitigating
impacts on steep slopes, floodplains, and wetlands helps to preserve
natural hydrology, drainageways, and natural resources of sites, reduces
the need for grading and land disturbance, and provides a framework
for an integrated site design and layout.
This article establishes minimum 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 fact in §
165-26 hereof. The article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of Minimum Control Measures 4 and 5 of the
most current applicable version of the New York SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s);
B. Require land development activities to conform to the substantive
requirements of the most current applicable version of the SPDES General
Permit for Stormwater Discharges from Construction Activities;
C. Minimize increases in stormwater runoff from 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 while ensuring that these management practices are properly
maintained and sustained and eliminate threats to public safety;
G. Advance the use of green infrastructure practices to control stormwater
runoff, such as protecting natural areas, reducing impervious cover,
maintaining natural hydrology, and using GI-based runoff reduction
techniques to the maximum extent practicable;
H. Adapt to current and projected climate change impacts, decrease risk
of storm-related flooding, and increase resilience to severe storm
surges;
I. Reduce the impact on the environment, protect water quality, reduce
the potential for erosion and protect sensitive habitats by locating
development away from floodplains, more ecologically sensitive areas,
by considering the relationship of development to permeable soils,
and limiting the amount of clearing and grading; and
J. Ensure control of stormwater management and the altered potential
for flooding on site and on adjacent properties through a requirement
that there be express permission in order to conduct land development
activity.
A copy of the SWPPP and all documentation necessary to demonstrate
compliance with this chapter 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 purpose 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 (NYSDEC, most
current version, or its effected successor, hereafter "Design Manual").
(a)
Stormwater management practices must be selected, designed,
installed, and maintained to meet the performance criteria in the
Design Manual using sound engineering judgment.
(b)
Within various submissions made to the Village, documentation
should define, in writing, how stormwater management practices were
designed to meet applicable sizing criteria.
(2) New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its effected successor, hereafter 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 the preceding Subsection
A, and the SWPPP shall be prepared and stamped by a licensed professional engineer, with a detailed explanation provided of each specific departure from the applicable standards, the rationale, and the alternative approach used, with discussion of the impacts.
Any 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.
The Village Board, based upon guidance of the Planning Board
and/or Stormwater Management Officer, may require that prior to construction,
or on-site or public improvements, including landscaping and buffering
requirements, site preparation and stabilization activities, and any
necessary engineering, surveying, field work, legal, or other administrative
or compliance expenses needed to construct and properly sustain stormwater
management improvements, be secured by a performance guarantee put
into effect in a mutually agreed upon manner.
A. Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities relating to
compliance with conditions in an approved stormwater pollution prevention
plan and/or site plan, the applicant or developer may be required
to provide a bond, cash escrow, irrevocable letter of credit, or other
acceptable performance guarantee, which shall provide, in the case
of default or other circumstances, including those which may not be
foreseen, for satisfactory completion of the project, and which names
the Village as beneficiary. Such security shall be in an amount determined
by the Planning Board based on submitted final design plans, with
written reference to itemized costs in a comprehensive schedule. (In
alternative instances, this may determined by the SMO.) This shall
remain in full force and effect until it, or part of it, is released
from liability by the Village Trustees based on a voice vote recorded
in adopted minutes. (Any subsequent amounts remaining shall, likewise,
be in full effect unless formally released by liability by the Trustees.)
For a site plan with an SWPPP, the period that a performance guarantee
shall typically remain in force for is not less than one year from
the date of final acceptance, or such other certification that facilities
have been constructed in accordance with approved plans and specifications,
and that a one-year inspection has been conducted and the facilities
have been found by the Village to be acceptable in terms of their
quality and durability of construction and demonstrated operation
according to acceptable tolerances or ranges thereof.
B. Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by and
at the responsibility of the applicant or developer, prior to construction,
these entities may be required to provide the Village with a bond,
cash escrow, irrevocable letter of credit from an approved financial
institution, or other acceptable surety, to ensure there are resources
available to support and sustain the 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 there is failure to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Village
may draw upon the account to cover costs of proper operation and maintenance,
including legal, engineering and inspection costs. A contract should
be executed in such instances.
C. Recordkeeping. The Village should require entities subject to this
section to maintain records demonstrating compliance with this chapter
and any guarantees, including annual or other periodic written reports
on progress, and to confirm that the performance guarantee remains
in good standing should the Village have to rely upon it. Recordkeeping
on performance guarantees may be linked with any applicable maintenance
agreement and any required maintenance, inspection and reporting during
or after construction. Periodic reports must be submitted to the Stormwater
Management Officer as well as the Village Clerk, Treasurer and Attorney.
The Stormwater Management Officer may conduct, cause or require
such inspections as necessary to determine compliance with this chapter.
The SMO may, in writing, either approve that portion of the work completed,
or notify the applicant wherein work fails to comply with requirements
of this chapter, a valid site plan, and an approved SWPPP.
A. Stormwater management practice inspections. In conjunction with the
ongoing administration and enforcement of any stormwater pollution
prevention plan, the Stormwater Management Officer may conduct or
cause inspections of stormwater management practices (SMPs), both
during the building permit stages as well as in conjunction with administering
certificates of occupancy.
(1) Right-of-entry for inspection. When any new stormwater management
facility is installed on private property or any altered connection
is made between private property and the public stormwater system,
the landowner shall grant to the Village, and its assigns, the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
(2) Noncompliance. Consistent with established Village procedure, if
violations are found based on an inspection, the Stormwater Management
Officer may require immediate corrective actions with no further work
allowed to be conducted except for site stabilization until such violations
are corrected and all work previously completed has received approval
by the Stormwater Management Officer. An order for corrective actions
shall be followed within a reasonable time with a written report detailing
such violation and defining corrective actions.
(3) Inspection support. The Stormwater Management Officer may require
any party to deposit into escrow the reasonable costs at prevailing
rates for construction and post-construction inspections. The purpose
may include for providing stormwater management practice (SMP) maintenance
and quality control, including as performed by a third party contracted,
in writing, at the discretion of the Village, who will report to the
SMO. If any escrow is not maintained with sufficient monies (reserves)
by the developer/responsible party, then this may be cause for a stop-work
order, a notice of violation, modification of site plan, revocation
of building permit, revocation of certificate of occupancy, assessment
of additional fees, and/or penalty on violation.
(4) Recordkeeping; submission of reports. The Stormwater Management Officer may require monitoring and written reporting from entities (such as the developer) subject to this chapter as necessary to determine compliance both during and after construction. Given that the Planning Board typically approves site plans (and attendant SWPPPs), it is reasonably expected that the Village's qualified consultants providing professional/technical services during the application review stage, including engineers and/or certified professionals in erosion and sediment control, will remain involved with such administration, and will issue written reports of inspections as assigned, in writing, by the Stormwater Management Officer. This chapter provides for the same practices and procedures for funding (underwriting) such professional technical services as is provided for as described in §
212-66B, Escrow deposits, within the Zoning chapter. It shall be required practice for any service delivery by professional technical service providers to be backed up by timely written reports submitted to the Stormwater Management Officer and for these technical services to be provided at the direction of the Stormwater Management Officer.
(5) Inspection of stormwater facilities after project completion. Inspection
programs, routine in nature or not, shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or other property or MS4 inspections; inspections
of areas identified as having higher than typical sources or incidences
of sediment or other contaminants; inspections of businesses or industries
of a type associated with higher than usual discharges of contaminants
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.
B. Inspection schedule. Each of the following inspections are encouraged
to be requested, in writing, by a landowner/responsible party. To
obtain inspections, the applicant shall notify the Stormwater Management
Officer at least five business days before, and preferably further
in advance of, any of the following inspections as required in the
applicable site plan, stormwater pollution prevention plan, or as
required by the Stormwater Management Officer. It is required for
the applicant to obtain from the SMO permission, in writing, to proceed
with any nonroutine inspection called for in the SWPPP, or any other
specifically required inspection wherein the SMO, or his or her designee,
will not be in attendance for such scheduled inspection and the applicant's
qualified professional will thus conduct such inspection and/or tests
and must thereafter within a reasonable time submit the results in
writing:
(2) Installation of sediment and erosion control measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Installation of key permanent components, including outfalls and
infrastructure proposed to become part of the MS4.
(6) Completion of final grading.
(7) Close of the construction season.
(8) Completion of final landscaping.
(9) Successful establishment of landscaping.
In addition to any other fees established in conjunction with
receiving and processing an application/submission and administering
this chapter, the Village of New Paltz may require any person undertaking
any activities, including land development activities, regulated by
this chapter to pay reasonable costs at prevailing rates for the review
of SWPPPs, inspections, or SMP maintenance either performed by the
Village, or performed by a duly authorized third party for the Village.
Consistent with §
165-16, any regulated activity herein, including any land development activity that is commenced or is conducted contrary to this chapter, may be provided a written notice of violation, restrained by injunction, and/or otherwise abated in a manner provided by law.
A. Stop-work orders. The Village of New Paltz 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 Village of
New Paltz confirms that the land development activity is in compliance
and the violation has been satisfactorily addressed. In addition to
any costs and fees imposed, 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.
B. Withholding or withdrawal 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, or may withdraw a certificate
of occupancy.
C. Restoration of lands. Any violator may be required to repair land
to its pre-development/undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
D. Notice of violation. When the Village determines that a land development
activity is not being carried out in accordance with requirements
of this chapter, the notice of violation shall contain:
(1) The name and address of the landowner;
(2) The address, SBL(s), and a description of the building, structure
or land upon which the violation is occurring;
(3) The name and address of the party identified who conducted the noncompliant
activity;
(4) A statement specifying the nature of the violation;
(5) A description of remedial measures necessary to bring the land development
activity into compliance with this chapter and a time schedule for
the completion of such remedial action, as well as any required monitoring
or reporting;
(6) A statement of fees, penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(7) 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.