[HISTORY: Adopted by the Town Board of the Town of East Greenbush as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2007 by L.L. No. 6-2007]
The purpose of this article is to provide for the health, safety and general welfare of the citizens of the Town of East Greenbush through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES general permit for municipal separate storm sewer systems. The objectives of this article are:
A. 
To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. 
To prohibit illicit connections, activities and discharges to the MS4;
D. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below:
303(D) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act;[1] 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CODE ENFORCEMENT OFFICIAL
The official appointed by the Town of East Greenbush to enforce this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL
New York State licensed professional engineer or licensed architect.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination thereof, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
A. 
Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater and wash water, to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or
B. 
Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 54-6 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
MS4
Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains):
A. 
Owned or operated by the Town of East Greenbush;
B. 
Designed or used for collecting or conveying stormwater;
C. 
Which is not a combined sewer; and
D. 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
MUNICIPALITY
The Town of East Greenbush.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A. 
Discharge compliance with water quality standards. The condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d) listed waters. The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
C. 
Total maximum daily load (TMDL) strategy. The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.[2]
TMDL
Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
[1]
Editor's Note: See 33 U.S.C. § 1313.
[2]
Editor's Note: The original definition of "Stormwater Management Officer (SMO)," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The Code Enforcement Official shall administer, implement and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated, in writing, by the Code Enforcement Official as may be authorized by the municipality.
The provisions of this article are hereby declared to be severable. If any provision, clause, sentence or paragraph of this article or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article.
A. 
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) 
Discharges approved, in writing, by the Code Enforcement Official to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the Code Enforcement Official may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the Code Enforcement Official prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver or order, and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue.
No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
A. 
The backup of sewage into a structure.
B. 
Discharges of treated or untreated sewage onto the ground surface.
C. 
A connection or connections to a separate stormwater sewer system.
D. 
Liquid level in the septic tank above the outlet invert.
E. 
Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
F. 
Contamination of off-site groundwater.
A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the municipality's MS4 SPDES permit.
(2) 
Cause or contribute to the municipality being subject to the special conditions as defined in § 54-2, Definitions, of this article.
B. 
Such activities include failing individual sewage treatment systems as defined in § 54-7, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
A. 
Best management practices. Where the Code Enforcement Official has identified illicit discharges as defined in § 54-2 or activities contaminating stormwater as defined in § 54-8, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1) 
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
(2) 
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 54-2 or an activity contaminating stormwater as defined in § 54-8, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3) 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
B. 
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 54-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1) 
Maintain and operate individual sewage treatment systems as follows:
(a) 
Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee.
(b) 
Avoid the use of septic tank additives.
(c) 
Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes and household chemicals; and
(d) 
Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items.
(e) 
Most tanks should be pumped out every two years to three years. However, pumping may be more or less frequent depending on use. Inspection of the tank for cracks, leaks and blockages should be done by the septage hauler at the time of pumping of the tank contents.
(2) 
Repair or replace individual sewage treatment systems as follows:
(a) 
In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b) 
A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves:
[1] 
Relocating or extending an absorption area to a location not previously approved for such.
[2] 
Installation of a new subsurface treatment system at the same location.
[3] 
Use of alternate system or innovative system design or technology.
(c) 
A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system.
A. 
The Code Enforcement Official may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The Code Enforcement Official shall notify the person of such suspension within a reasonable time thereafter, in writing, of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the Code Enforcement Official may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The Code Enforcement Official will notify a violator, in writing, of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the Code Enforcement Official for a reconsideration and hearing. Access may be granted by the Code Enforcement Official if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the Code Enforcement Official determines, in writing, that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the Code Enforcement Official.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that the Code Enforcement Official must inspect to enforce any provision of this article, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.
B. 
Access to facilities.
(1) 
The Code Enforcement Official shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Code Enforcement Official.
(2) 
Facility operators shall allow the Code Enforcement Official ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
(3) 
The municipality shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the Code Enforcement Official to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The municipality has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
(6) 
If the Code Enforcement Official has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the Code Enforcement Official may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality, in person or by telephone or facsimile, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
A. 
Notice of violation. When the municipality's Code Enforcement Official finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) 
The elimination of illicit connections or discharges;
(2) 
That violating discharges, practices or operations shall cease and desist;
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) 
The performance of monitoring, analyses and reporting;
(5) 
Payment of a fine; and
(6) 
The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator.
B. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not to exceed $3,000. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person receiving a notice of violation may appeal the determination of the Code Enforcement Official to the Town Board within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Municipal Clerk and mail a copy of its decision by certified mail to the discharger.
A. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the Code Enforcement Official, then the Code Enforcement Official shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the Code Enforcement Official may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the Code Enforcement Official may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the Code Enforcement Official may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
A. 
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Official, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of previous violations of this article.
(3) 
Environmental damage was minimal.
(4) 
Violator acted quickly to remedy violation.
(5) 
Violator cooperated in investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, stream or creek cleanup activities.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
[Adopted 12-12-2007 by L.L. No. 7-2007 (Ch. 35C of the 1991 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is hereby determined that:
A. 
Uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety and welfare of the community.
B. 
Eroded soil endangers water resources by reducing water quality and causing the silting of streams, lakes and other water bodies, adversely affecting aquatic life.
C. 
Stormwater runoff and sediment transports pollutants such as heavy metals, hydrocarbons, nutrients and bacteria to water resources, degrading water quality.
D. 
Eroded soil necessitates repair and accelerates the maintenance needs of stormwater management facilities.
E. 
Clearing, grading and altering natural topography during construction tends to increase erosion.
F. 
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion and sedimentation.
G. 
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
H. 
Improperly managed stormwater runoff can increase the incidence of flooding and the severity of floods that occur, endangering property and human life.
I. 
Substantial economic losses can result from these adverse impacts.
J. 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of land development activities.
The purpose of this article is to safeguard persons, protect property and prevent damage to the environment in the Town of East Greenbush, New York. This article will also promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any land development activity as it relates to erosion and sedimentation control and stormwater management. This article seeks to meet these purposes by achieving the following objectives:
A. 
Meet the requirements of minimum control measures four (construction site stormwater runoff control) and five (post-construction stormwater management) of the state pollution discharge elimination system (SPDES) general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02, 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 (SPDES) general permit for construction activities, GP-02-01, or as amended or revised.
C. 
Minimize soil erosion and sedimentation impacts on streams, water bodies and neighboring properties.
D. 
Avoid excessive and/or unnecessary tree and vegetation removal.
E. 
Minimize windblown soil associated with properties being cleared and graded for development.
F. 
Maintain the integrity of watercourses and sustain their hydrologic functions.
G. 
Minimize increases in the magnitude and frequency of stormwater runoff to prevent an increase in flood flows and the hazards and costs associated with flooding.
H. 
Minimize decreases in groundwater recharge and stream base flow to maintain aquatic life, assimilative capacity and water supplies.
I. 
Facilitate the removal of pollutants in stormwater runoff to perpetuate the natural biological function of water bodies.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the governing Board of the Town of East Greenbush has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of East Greenbush and for the protection and enhancement of its physical environment. The 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. 
Except as otherwise provided herein, no person shall commence or perform any land development activity, as defined herein, without the approval of a stormwater pollution prevention plan (SWPPP).
B. 
The Town shall designate a 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 review the plans; may engage the services of a licensed professional engineer or registered landscape architect to review the plans, specifications and related documents in accordance with § 54-18; or accept the certification of a licensed professional engineer or registered landscape architect that the plans conform to the requirements of this Article II.
(1) 
Applicants shall also obtain all other permits required by state, federal and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use, site plan or subdivision procedures of the Town of East Greenbush, the responsible board shall integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.
(2) 
Redevelopment projects. Redevelopment projects, as defined herein, provide an opportunity to reduce pollutant discharges and the rate, the amount and quality of stormwater runoff leaving the redevelopment site. However, the nature of the site, particularly in an urban location, may impose constraints that prevent implementation of full post-construction compliance. Chapter 9 of the New York State Stormwater Management Design Manual sets forth the standards for compliance with water quality and quality standards and specifications. Consideration shall be given to using alternative stormwater management practices such as rain gardens, pervious pavers, green roofs and other low-impact development techniques to reduce stormwater impacts.
(3) 
No SWPPP is required for the following exempt activities:
(a) 
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(b) 
Agricultural operations conducted as a permitted principal or accessory use, including the construction of structures where the land disturbance is less than one acre.
(c) 
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity, or original purpose of a stormwater management facility.
(d) 
Mining, as defined herein.
(e) 
The renovation/replacement of a septic system serving an existing dwelling or structure.
(f) 
Normal lawn and landscaping activities/maintenance.
(g) 
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.
(h) 
Selective cutting of trees, as defined herein, except log haul roads and landing areas are subject to this article. ("Landing areas" are cleared areas to which trees are hauled for their storage before being transferred off-site.)
(i) 
Repairs and maintenance of any stormwater management practice (SMP) or facility.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURE
The use of land for sound agricultural purposes, including farming, dairy, horse boarding, pasturing, grazing, horticulture, floriculture, viticulture, timber harvesting, animal and poultry husbandry, and those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. "Agriculture" does not include dude ranches or similar operations.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
A person who has received training and is certified by CPESC, Inc., to review, inspect and/or maintain erosion and sediment control practices.
CLEARING
Any activity that removes the vegetative surface cover.
COMMENCEMENT OF CONSTRUCTION
The initial disturbance of soils associated with clearing, grading, or excavating activities, or other construction activities.
DESIGN MANUAL
The New York Stale Stormwater Management Design Manual, most recent version, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices.
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed/certified professional indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
GRADING
Excavation of fill, rock, gravel, sand, soil or other natural material, including the resulting conditions therefrom.
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance, or placement of fill, resulting in land disturbance of equal to or greater than one acre. Also includes activities disturbing less than one acre of total land area that are 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.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering, or landscape architecture in New York State or who is a certified professional in erosion and sediment control (CPESC).
MINING
Any excavation subject to permitting requirements of the State Department of Environmental Conservation under the Mined Land Reclamation Law (Environmental Conservation Law, Article 23, Title 27).[1]
NOTICE OF INTENT (NOI)
A permit application prepared and filed by an owner or operator with the Department of Environmental Conservation as an affirmation that a stormwater pollution prevention plan (SWPPP) has been prepared and will be implemented in compliance with the State Pollution Discharge Elimination System general permit for stormwater runoff for construction activity (GP-02-01).
OPERATOR
The person, persons or legal entity which owns or leases the property on which the construction activity is occurring.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
PROJECT, MAJOR
Any land development activity that disturbs one acre or more including all commercial, industrial or mixed-use development, as well as any residential development consisting of buildings that contain two or more dwelling units, or any land development activity not classified as a minor project. (The operator of a major project must submit a SWPPP that addresses water quality and quantity controls in addition to erosion and sedimentation controls.)
PROJECT, MINOR
Any land development activity associated with a permitted agricultural use or single-family residential construction/subdivision that disturbs between one acre and five acres and is not discharging stormwater directly to a water body listed on New York State 2002 Section 303(d) list of impaired water bodies. (The operator of a minor project must submit a SWPPP that addresses erosion and sedimentation controls.)
REDEVELOPMENT
Refers to the reconstruction or modification to any existing, previously developed land, such as residential, commercial, industrial, institutional, or road or highway, which involves soil disturbance.
SEDIMENT
Solid material, both mineral and organic, which is in suspension, is being transported, has been deposited, or has been removed from its site of origin.
SELECTIVE CUTTING
The cutting of more than 1/2 of the existing living trees measuring six-inches in diameter at breast height (DBH) in an area of one acre or more over a period of two consecutive years.
SITE
A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT
A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
SLOPES, SEVERE
Ground areas with a slope greater than 25% covering a minimum horizontal area of 1/4 acre, or 10,890 square feet, and a minimum horizontal dimension of 10 feet.
SLOPES, STEEP
Ground areas with a slope greater than 15% covering a minimum horizontal area of 1/4 acre, or 10,890 square feet, and a minimum horizontal dimension of 10 feet.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITY, GP-02-01
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS, GP-02-02
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 to specify stormwater control standards.
STABILIZATION
Covering or maintaining an existing cover or soil. Cover can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
STABILIZATION, FINAL
All soil-disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Town Board to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. In addition to an employee or other officer, the Town Board may designate the Code Enforcement Official to have the same authority and powers as the Stormwater Management Officer.
STORMWATER MANAGEMENT PRACTICES (SMPS)
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. This includes, without limitation, construction phase SMPs such as temporary erosion and sediment control also post construction SMPs.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
SURFACE WATERS OF THE STATE OF NEW YORK
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 treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which 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.
WATERCOURSE
Any body of water, including but not limited to lakes, ponds, rivers, streams, and intermittent streams.
WATERCOURSE BUFFER
A horizontal distance 50 feet away from and parallel to the high water level of a watercourse.
WETLANDS
Those areas that are inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include those areas determined to be wetlands by the U.S. Army Corps of Engineers and the New York State Department of Environmental Conservation.
[1]
Editor's Note: See § 23-2701 of the Environmental Conservation Law.
A. 
No application for a land development activity shall be approved until the responsible board and/or department has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications contained herein.
B. 
For land development activity subject to special use permit, site plan or subdivision requirements, the responsible board shall incorporate the required SWPPP into the review process, allowing for public review and comment on the SWPPP. The responsible board, in consultation with the Stormwater Management Officer, or designated agent, shall determine the adequacy of the SWPPP. For projects subject to subdivision requirements, set forth in Chapter 55 and/or Chapter 57, preliminary plan approval shall not be granted until the Planning Board has received a SWPPP prepared in accordance with the specifications contained in this Article II. All land development activities, not subject to review as stated in Subsection B. shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this Article II.
C. 
In its review of the plan, the responsible board or municipal official may consult with the Town Designated Engineer, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation, and/or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of a SWPPP. Payment for the services of such professionals shall comply with § 54-18 herein.
A. 
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control, the New York State Stormwater Management Design Manual as stipulated in § 54-31 of this article, and the Town of East Greenbush Standard Specifications and Details. The SWPPP shall include the following:
(1) 
A written narrative identifying the project's scope, including the location, type and size of the project.
(2) 
A 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; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of stormwater discharge(s). The specific location(s), size(s) and length(s) of each erosion and sediment control practice shall also be shown. Site maps/construction drawings shall be at a scale no smaller than one inch equal 100 feet.
(3) 
A natural resources map identifying existing vegetation; on-site and adjacent off-site surface water(s), wetlands and drainage patterns that could be affected by the construction activity; and existing and final slopes.
(4) 
A description of soil(s) present at the site, along with any existing data that describes the stormwater runoff characteristics at the site.
(5) 
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. Phasing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas 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, there shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation.
(6) 
A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming pollutant sources in the stormwater discharges and runoff.
(7) 
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.
(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 clearing and grubbing to project closeout. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(9) 
The dimensions, material specifications (e.g., seeding mixtures and rates, types of sod, kind and quantity of mulching) and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. Temporary practices that will be converted to permanent control measures shall be shown.
(10) 
An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place.
(11) 
A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices, including estimates of the cost of maintenance.
(12) 
Name(s) of the receiving water(s) and any existing data that describes the stormwater runoff at the site.
(13) 
Identification of the person or entities responsible for implementation of the SWPPP for each part of the site.
(14) 
A description of structural practices to divert flows from exposed soils, store flows, or otherwise limits runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
(15) 
A site map/construction drawing(s) of each post-construction stormwater practice including a description of each post-construction stormwater control practice including specific location(s) and size(s), dimensions, material specifications and installation details. The New York State Stormwater Management Design Manual shall serve as the technical design standard. Deviations from this design manual are permitted subject to review and approval by the New York State Department of Environmental Conservation within 60 business days of receipt of a completed notice of intent (NOI).
B. 
For major projects, the following shall also be provided:
(1) 
A hydrologic and hydraulic analysis for all structural components of the stormwater control system for the applicable design storms.
(2) 
A comparison of post-development stormwater runoff conditions with predevelopment conditions.
(3) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater control practice.
(4) 
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 transfer of title to the property.
(5) 
Inspection and maintenance agreement, binding on all subsequent landowners served by the on-site stormwater management measures in accordance with this article.
The SWPPP shall be prepared by a licensed/certified professional. The SWPPP must be signed by the professional preparing the plan and shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a Class A misdemeanor pursuant to § 210.45 of the Penal Law."
A. 
The SWPPP must clearly identify each contractor(s) and subcontractor(s) involved in soil disturbance that will implement each stormwater and erosion control measure. Each contractor and subcontractor identified in the SWPPP shall sign a copy of the following certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan (SWPPP) as a condition of authorization to discharge stormwater. I also understand that the operator must comply with the terms and conditions 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."
B. 
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.
C. 
The certification statement(s) shall become part of the SWPPP for the land development activity.
A. 
The permittee shall amend the SWPPP whenever 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
B. 
The SWPPP proves to be ineffective in:
(1) 
Eliminating or significantly minimizing pollutants from sources identified in the SWPPP; or
(2) 
Achieving the general objectives of controlling pollutants in stormwater discharges from permitted construction activity.
C. 
Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP.
D. 
Significant amendments or changes to the SWPPP as outlined above in Subsections A and B may be subject to review and approval in the same manner as § 54-6 herein.
A. 
Grading, erosion and sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the New York Standards and Specifications for Erosion and Sediment Control, published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of post-construction structures, the technical standards are currently detailed in the publication New York State Stormwater Management Design Manual published by the Department of Environmental Conservation. Where stormwater management practices are not in accordance with above design and technical standards, the applicant or developer must demonstrate equivalence to the design and technical standards set forth in this section, and the equivalence shall be documented and certified by a licensed/certified professional as part of the SWPPP.
B. 
Cut and fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization or other methods acceptable to the Town-designated licensed/certified professional are used. Disturbed areas shall be restored as natural-appearing landforms and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions shall be avoided.
C. 
Clearing and grading shall be substantially confined to designated building envelopes, utility easements, driveways, and parking footprint. Clearing and grading techniques that retain natural vegetation and drainage patterns, as described in the most recent version of Standards and Specifications for Erosion and Sediment Control referenced above shall be used to the satisfaction of the responsible board. No clearing or grading shall take place within the established fifty-foot watercourse buffer area except to provide road crossings where permitted.
D. 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
E. 
Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the responsible board. There shall not be more than five acres of disturbed soil at any one time without prior written approval from the New York State Department of Environmental Conservation.
F. 
The permittee shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. This requirement does not apply in the following instances:
(1) 
Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable;
(2) 
Where construction activity on a portion of the site is temporarily ceased, and earth-disturbing activities will be resumed within 21 days, temporary stabilization measures need not be initiated on that portion of the site.
G. 
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Town Zoning Enforcement Officer or designated agent or the Stormwater Management Officer, he/she may issue a notice of violation (see § 54-39) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
H. 
If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the applicant may be required to reseed the site or use a nonvegetative option.
I. 
Special techniques that meet the design criteria outlined in the most recent version of Standards and Specifications for Erosion and Sediment Control shall be used to ensure stabilization on steep slopes or in drainage ways.
J. 
Soil stockpiles must be stabilized or covered at the end of each workday.
K. 
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
L. 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
M. 
Techniques that divert upland runoff past disturbed slopes shall be employed.
N. 
Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with perimeter controls.
O. 
In general, wetlands and watercourses should not be filled, graded or altered. The crossing of watercourses should be avoided to the maximum extent practicable. When protection of wetlands, watercourses, trees, steep slopes or other environmentally sensitive areas is required, the location shall be shown on the erosion control plan and the method of protection during construction identified (e.g., silt fence, construction fence, stakes, etc.). A vegetative buffer (minimum of 25 feet) shall be maintained between disturbed areas and protected federal wetlands that are not proposed to be filled as part of an Army Corps of Engineers wetlands permit. In the case of state-designated wetlands, the 100-foot adjacent area shall not be disturbed without a New York State Department of Environmental Conservation permit.
P. 
Stabilization shall be adequate to prevent erosion located at the outlets of all pipes and paved/riprap channels.
Q. 
Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
R. 
Development should relate to site conditions and disturbance of steep slopes avoided. Grading should be minimized by utilizing existing topography whenever possible. Roads and driveways shall follow the natural topography to the greatest extent possible.
S. 
In areas of severe slopes (exceed 25%), land-disturbing activities are not permitted. A buffer of 25 feet must be maintained between any disturbed area and the top of slopes 25% and greater.
T. 
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 East Greenbush to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of East Greenbush.
U. 
Maintenance agreements. The Town of East Greenbush shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the 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 article entitled "Sample Stormwater Management System Maintenance Agreement."[1] The Town of East Greenbush, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Said schedule is on file in the Town offices.
Any land development activity shall not result in:
A. 
An increase in turbidity that will cause a substantial visible contrast to natural conditions in surface waters of New York State;
B. 
An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best uses; or
C. 
Residue from oil and floating substances, nor visible oil film, or globules of grease.
The applicant or developer of the land development activity, or its representative, shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
A. 
Inspections required; notification of violation.
(1) 
The Town Stormwater Management Officer, or designated agent, may require such inspections, as necessary, to determine compliance with this article 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 article and the SWPPP, as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer or designated agent at least 48 hours before the following as required by the SWPPP:
(a) 
Start of construction and initial installation of sediment and erosion controls.
(b) 
Installation of sediment and erosion measures as site clearing and grading progresses.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the seasonal land development activity.
(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. Corrective actions may include the repair/restoration of off-site impacts. 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 Town Stormwater Management Officer or designated agent.
(3) 
In the discretion of the Town's SMO, the applicant, developer or operator may be required to pay the Town for inspections conducted by the Town in connection with activities conducted by the Town pursuant to § 54-34A(2) and/or § 54-39 of this article. Payment shall be according to a schedule to be established by the Town Board, which schedule may, from time to time, be updated.
B. 
For land development activities, the applicant shall have a qualified professional conduct an assessment of the site prior to the commencement of construction and certify in an inspection report that the appropriate erosion and sediment controls described in the SWPPP have been adequately installed or implemented to ensure overall preparedness of the site. Following the commencement of construction, site inspections shall be conducted by a qualified professional at least every seven calendar days and within 24 hours of the end of a storm event 0.5 inches or greater. The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. During each inspection, the licensed/certified professional shall record the following information:
(1) 
On a site map, indicate the extent of all disturbed site areas and drainage pathways. Indicate site areas that are expected to undergo initial disturbance or significant site work within the next fourteen-day period;
(2) 
Indicate on a site map all areas of the site that have undergone temporary or permanent stabilization;
(3) 
Indicate all disturbed site areas that have not undergone active site work during the previous fourteen-day period;
(4) 
Inspect all sediment control practices and record the approximate degree of sediment accumulation as a percentage of the sediment storage volume;
(5) 
Inspect all erosion and sediment control practices and record all maintenance requirements such as verifying the integrity of barrier or diversion systems and containment systems. Identify any evidence of rill or gully erosion occurring on slopes and any loss of stabilizing vegetation or seeding/mulching. Document any excessive deposition of sediment or ponding water along barrier or diversion systems. Record the depth of sediment within containment structures, any erosion near outlet and overflow structures, and verify the ability of rock filters around perforated riser pipes to pass water; and
(6) 
All deficiencies that are identified with the implementation of the SWPPP.
C. 
A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the beginning of construction activities to the date of final stabilization. The SWPPP and inspection reports are public documents that the operator must make available for inspection, review and copying by any person within five business days of the operator receiving a written request by such person to review the SWPPP and/or the inspection reports. Copying of documents will be done at the requester's expense.
D. 
The operator shall maintain a record of all inspection reports in a site logbook. The site logbook shall be maintained on site and be made available to the Town upon request. The operator shall post at the site, in a publicly accessible location, a summary of the site inspection activities on a monthly basis.
E. 
The applicant or developer, or its representative, shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
F. 
The Stormwater Management Officer, or designated agent, shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Subsection C above.
A. 
Inspections of stormwater management practices (SMPs). The Town Stormwater Management Officer, or designated agent, is responsible for conducting inspections of stormwater management practices (permanent water quantity/quality improvement structures). All operators are required to submit as-built plans certified by a professional engineer for any permanent stormwater management practices located on site after final stabilization. [Note: Final stabilization means that all soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextile mats) have been employed on all unpaved areas and areas not covered by permanent structures.] The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. Operators shall also provide the owner(s) of such structure(s) with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed. The operator must also certify that the permanent structure(s) have been constructed as described in the SWPPP. This certification can be accomplished by providing to the Town a copy of the notice of termination (NOT) filed with the New York State Department of Environmental Conservation.
B. 
All certified as-built plans, lands, structures and/or appurtenances to be dedicated to the Town shall be reviewed, inspected and approved by the Stormwater Management Officer or designated agent prior and the Town Designated Engineer prior to Town acceptance.
C. 
Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that "final stabilization" has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file a NOT as prescribed by the New York State Department of Environmental Conservation and file a copy with the Town to notify them that they have complied with § 54-14A(1) and that the project is complete.
A. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes, at a minimum, the following:
(1) 
A preventive/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 article.
(2) 
Written procedures for operation and maintenance and training new maintenance personnel.
(3) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 54-12.
B. 
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 facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
C. 
Submission of reports. The Town of East Greenbush Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
D. 
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 East Greenbush the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.
A. 
Construction completion guarantee. The applicant or developer may be required 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 East Greenbush as the beneficiary. The security shall be in an amount determined by the Town of East Greenbush 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 East Greenbush, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
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 East Greenbush 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 control facilities, the Town may, upon notification, draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. 
Recordkeeping. The Town of East Greenbush may require entities subject to this article to maintain records demonstrating compliance with this article.
A. 
The responsible board or municipal official is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of a SWPPP or to make regular or final inspections of all control measures, lands, structures and/or appurtenances to be dedicated to the Town in accordance with the approved plan.
B. 
Payment for the services of such professionals is to be made from funds deposited by the applicant with the Town in escrow accounts for such purposes.
C. 
It shall be the responsibility of the applicant to submit to the Town payment in a form prescribed by the responsible board or municipal official in an amount equal to the estimate of the licensed/certified professional for the cost of services to be rendered. Estimates shall reflect reasonable costs at prevailing rates. The Town shall make payments to said professional for services rendered to it upon acceptance by the Town of said service.
A. 
Notice of violation. The operator and all contractors and subcontractors must comply with all conditions of a SWPPP submitted pursuant to this article. In the event that the Town determines that a land development activity is not being carried out in accordance with the requirements of this article, the Zoning Officer may issue a written notice of violation to the operator/landowner, applicant and all contractors/subcontractors subject to the provisions of this article. The notice of violation shall contain:
(1) 
The name and address of the operator/landowner, developer or applicant;
(2) 
The address of the site 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 measures necessary to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action;
(5) 
A statement of the penalty or penalties that can be assessed against the person to whom the notice of violation is directed.
B. 
Within 15 days of notification of violation (or as otherwise provided by the Town), the violator shall take the remedial measures necessary to bring the land development activity into compliance with this article.
C. 
Stop-work order. The Town Zoning Enforcement Officer or Stormwater Management Officer may issue a stop-work order for violation of this article. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violation(s) identified in the stop-work order. The stop-work order shall be in effect until the Town 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 and/or monetary penalties in accordance with this article.
D. 
Violations. The Town of East Greenbush may require entities subject to this article to maintain records demonstrating compliance with this article.
E. 
Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this article is committed, continued or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership or corporation shall be punished by a fine of not more than $3,000 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. To the extent that the noncompliance with this article constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there may be substantial criminal, civil and administrative penalties, depending upon the nature and degree of the offense.
F. 
Withholding certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Town Zoning Enforcement Officer or Stormwater Management Officer may prevent the occupancy of said building or land.
G. 
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 East Greenbush may take necessary corrective action, the cost of which shall become a lien upon the property until paid.