[Adopted 3-21-2024 by L.L. No. 2-2024]
As used in this article, the following terms shall have the
meanings indicated:
The fee charged for costs incurred by the Town in providing
stormwater services.
The scaling discount percentage that shall be applied in
the calculation of Drainage District fees. For structures or practices
that, as determined by the MS4 Official, are anticipated to provide:
The average amount of impervious surface on a residential
property in the Town, as determined by the Town Board.
Any surface on a lot that, because of the surface's
composition or compacted nature, impedes or prevents natural infiltration
of water into the soil, including, but not limited to, roofs, solid
decks, driveways, patios, sidewalks (other than public in municipal
rights-of-way), parking areas, tennis courts, concrete, asphalt, or
crusher/run streets or paths, or compacted gravel or dirt surfaces,
as determined by the Engineering Department.
As recorded or calculated by the Engineering Department,
the number of square feet of horizontal surface on a lot covered by
an impervious surface.
A lot or parcel of land, as found on the Town of Webster
assessment roll.
The Town employee designated by Town Board resolution to
be responsible for compliance with the NYSDEC MS4 program requirements
as well as having the authority to perform all duties designated to
this position as outlined in the Town Code.
All developed and/or improved lots other than those used
as residential or agricultural lots.
The property type classification code, as defined by the
New York State Office of Real Property Services in the Assessors'
Manual, assigned to an assessment site by the Town of Webster Assessor,
as may be updated by that department from time to time.
A developed lot with a site property class code of 210, 215,
220, 230, 240, 250, or 270, or substantially identical successor designations.
The runoff from all forms of precipitation that travels over
natural or developed surfaces to the nearest stream, other conduit,
or impoundment and appears in lakes, rivers, ponds, or other bodies
of water.
The Town's program for protection of stormwater quality
and for the partial control and conveyance of stormwater, including,
but not limited to public education; monitoring, removing, and regulating
stormwater pollutants; other activities described in the Town's
New York SPDES permit; mapping; planning; regulating, reviewing and
inspecting private stormwater infrastructure; operating, constructing,
improving, cleaning, and maintaining the Town's stormwater system;
and any and all expenses deemed reasonably necessary to the management
of stormwater within the Town in the judgment of the Superintendent
of Highways, including, but not limited to, the payment of debt principal
and debt service, and the establishment of a reserve fund to pay for
these services.
The system of natural and constructed conveyances for collecting
and transporting stormwater, including, but not limited to, lakes,
ponds, rivers, perennial, intermittent, and/or channeled streams,
connected wetlands, open ditches, catch basins and other inlets, pipes,
sewers, drains, culverts, and created stormwater management facilities
that provide partial treatment by passive means such as wet detention
ponds, detention basins, and stormwater wetlands.
A.
Each parcel in the Town that is not vacant or agricultural shall
be subject to an annual Drainage District fee proportionate to the
total amount of impervious surface present at the site as calculated
below.
(1)
Every residential site shall be deemed to have an impervious surface
area equal to one ERU.
(2)
The number of ERUs of impervious surface area on a nonresidential
lot with an impervious surface area greater than one ERU shall be
calculated by dividing the lot's impervious surface area by the
value of one ERU and rounding the result up to the nearest tenth of
an ERU. Minimum nonresidential lot assessment shall be 1.0 ERU.
C.
Recording of impervious surface area.
(1)
The Engineering Department shall endeavor to update the impervious
surface data in the Town's geographic information systems at
least once every five years, beginning with the 2024 assessment roll.
(2)
Upon close-out of any building permit for a nonresidential property,
the Building Inspector or authorized code enforcement personnel shall
provide to the Engineering Department notice of the net number of
square feet of impervious surface added to the lot, as indicated on
documentation associated with said permit, together with the applicable
Tax Map number. The Engineering Department shall thereafter update
the data in the Town's geographic information systems to reflect
the adjusted impervious surface area on the lot and provide notice
of the change(s) to the Assessment Office. The Assessment Department
will update the ERUs on the assessment roll and ensure the change(s)
will be included on the next tax bill information according to the
Real Property Tax Law and the New York State Rules and Regulations
providing therefor.
A.
At the discretion of the Town MS4 Official, nonresidential lots that
have on-site stormwater features that either improve water quality
or reduce runoff, or a combination of both, may be eligible for a
discounted fee to be applied to the assessment roll.
B.
Calculation of the discount. The discount valuation for a practice
or structure shall be the product of the lot's Drainage District
fee, the percentage of the total impervious surface area on a lot
mitigated by the practice or structure, the practice or structure's
reduction rate, and the practice or structure's treatment efficiency.
C.
Eligible practices. Discounts are available for those stormwater management practices or structures meeting the requirements of Chapter 289 of the Town Code and the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines. The MS4 Official will make the final determination of eligibility.
D.
Review criteria. An engineered structure or practice that provides
quality treatment and/or quantity attenuation shall be considered
by the Town MS4 Official using the criteria set forth herein.
(1)
The proposal must demonstrate that the practice will provide a quantifiable
treatment and/or runoff control benefit to the site through engineered
design principles.
(2)
The watershed subcatchment leading to the practice must be clearly
defined, including the area, amount of impervious cover, flowpath,
and existing and proposed land use.
(3)
The discount for a structure will be prorated based on that structure's
treatment efficiency. For example, for the reduction for an otherwise
qualifying structure that is designed for 10% water quality volume
treatment efficiency, the discount amount will be limited to 10%,
as compared with a structure designed for 100% efficiency.
(4)
Designs must follow the New York State Department of Environmental
Conservation's Stormwater Management Design Manual guidelines,
as amended or replaced by substantially identical guidelines.
(5)
The owner must assume all responsibility for practice operation and
maintenance. This responsibility shall be memorialized by the establishment
of a stormwater maintenance agreement with the Town for each individual
site. Failure to maintain the facility shall result in cancellation
of the reduction applied.
E.
Administration of discount.
(1)
In order to obtain a discount, an owner must apply in a form satisfactory
to the Town MS4 Official.
(2)
If an application is approved by the Town MS4 Official, the resulting
discount Drainage District fee shall take effect on the next applicable
tax cycle. Unless otherwise specified, an approved discount shall
continue to be applied on each future bill so long as the lot continues
to be eligible for the modification; provided, however, that the Town
MS4 Official shall cancel any discount for failure to provide the
Town with access to inspect and confirm the lot's continuing
eligibility for a particular recurring discount.
