[Adopted 12-18-2007 by L.L. No. 9-2007]
A.
Land disturbance activities and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of water-borne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
During the construction process, soil is the most
vulnerable to erosion by wind and water. This eroded soil endangers
water resources by reducing water quality and causing the siltation
of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates maintenance and/or repair of sewers and ditches
and the dredging of waterways. In addition, clearing and/or grading
during construction tends to increase soil erosion and causes the
loss of native vegetation necessary for terrestrial and aquatic habitat,
and to provide a healthy living environment for citizens of the Town
of Irondequoit. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation. Impervious surfaces
allow less water to percolate into the soil, thereby decreasing groundwater
recharge and stream base flow. Regulation of land disturbance activities
by means of performance standards governing stormwater management
and site design will produce development 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.
C.
As a result, the purpose of this article is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Town of Irondequoit. It seeks
to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the SPDES general permit for stormwater discharges from municipal
separate stormwater sewer systems (MS4s), Permit No. GP-02-02 or as
amended or revised;
(2)
Require land disturbance activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
general permit for construction activities or as amended or revised;
(3)
Minimize increases in stormwater runoff from land
disturbance activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land disturbance activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
As used in this article, the following terms
shall have the meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Town of Irondequoit to conduct
site inspections and/or perform other municipal duties.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
Measures that minimize erosion.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
Excavation or fill of material, including the resulting conditions
thereof.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land disturbance activities may take place at different times on different
schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect, or a certified professional
in erosion and sediment control (CPESC).
The most recent version of this publication which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
A 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.
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.
The use of practices that prevent exposed soil from eroding.
The first land disturbance activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
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.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
This chapter shall be applicable to all land disturbance activities that will disturb land equal to or greater than one acre unless exempted under § 196-8C. This article also applies to land disturbance activities that are less than one acre of disturbance if such activities are part of a larger common plan of development or sale that will disturb land equal to or greater than one acre, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this chapter does not relieve the
applicant of the obligation and responsibility to obtain separate
coverage under the NYSDEC SPDES general permit for construction activities
if required. For projects also applying for coverage under the NYSDEC
SPDES general permit for stormwater discharges from construction activity,
the applicant shall submit a copy of the stormwater pollution prevention
plan (SWPPP), a notice of intent (NOI) with a certification statement
including the date demonstrating submission to the NYSDEC, a letter
of permission from the NYSDEC granting approval to disturb five acres
or greater of land at one time (if applicable) and any related documents
to the Town of Irondequoit's officer for review and approval.
B.
The requirements of this chapter should be considered
minimum requirements, and where any provision of this chapter imposes
restrictions different from those imposed by any other federal, state,
or local law, ordinance, rule or regulation, or other provision of
law, the provisions that are more restrictive or impose more stringent
requirements shall take precedence.
C.
Construction activities that involve land disturbance may also require additional compliance measures detailed in other chapters of this Code, other laws, regulations and/or ordinances, including, by way of example only and not limited to, Article II of this chapter entitled "Design and Management of Postconstruction Stormwater Pollution Prevention Measures".
In accordance with Article 196 of the Stormwater
Law of the State of New York, the Irondequoit Town Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town of Irondequoit, including the protection
and preservation of the property of its inhabitants. By the same authority,
the Irondequoit Town Board may include in any such law provisions
for the appointment of any municipal employees to effectuate and administer
such law.
A.
The Town of Irondequoit requires the use of technical
standards for erosion and sediment controls. These are detailed in
the Town of Irondequoit's Design Criteria and the New York State Department
of Environmental Conservation's Standards and Specifications for Erosion
and Sediment Control. For the design of water quality and water quantity
controls (postconstruction stormwater runoff control practices), the
NYSDEC's technical standards are detailed in the New York State Stormwater
Management Design Manual.
B.
Where stormwater management practices are not in accordance
with the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards, and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Requirements of application.
(1)
Any applicant requesting site plan approval or a permit
for land disturbance activity which would require the disturbance
of land equal to or greater than one acre shall also include with
a submission an SWPPP that shall be reviewed and approved by the Town
of Irondequoit prior to issuance of the final site plan approval or
a permit.
(2)
No applicant shall be granted site plan approval or
a permit which would require the disturbance of land equal to or greater
than one acre without the review and approval of an SWPPP by the Town
of Irondequoit.
(3)
Furthermore, prior to the issuance of a permit or site plan approval all projects that would result in the disturbance of land equal to or greater than one acre will be required to comply with all applicable provisions of Article II of this chapter captioned "Design and Management of Postconstruction Stormwater Pollution Prevention Measures." As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of such Article II of this chapter have been met to the satisfaction of the Town of Irondequoit.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 196-15.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 196-10.
(6)
Each application shall include a statement that any
land clearing, construction, or development involving the movement
of land shall be in accordance with the submitted SWPPP.
B.
Review and approval of application. The Town of Irondequoit shall review each application and shall designate the approval with the authorized representative's signature on the plans. All applicable permits shall be acquired from the Town for EPOD disturbances and grade and fill permits in accordance with Chapter 235 and other applicable provisions of the Town Code.
C.
Exemptions from article. The following activities
are exempt from review under this article:
(1)
Any emergency activity which is immediately necessary
for the protection of public health, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(4)
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 facility.
(5)
Repairs to any stormwater treatment practice deemed
necessary by Town of Irondequoit.
D.
Activities requiring permit.
(1)
With respect to any of the following activities which do not constitute a land disturbance activity as defined in § 196-3, no such activity will be undertaken within the Town of Irondequoit until a permit has been issued under the provisions of this article:
(a)
Site preparation in the subdivision of land
into two parcels.
(b)
Site preparation within wetlands.
(c)
Site preparation on slopes which exceed 1 1/2
feet of vertical rise to 10 feet of horizontal distance or in those
areas designated as Steep Slope Protection Districts on the Official
Town of Irondequoit EPOD Maps.
(d)
Site preparation within the one-hundred-year
floodplain of any watercourse.
(e)
Excavation which affects more than 25 cubic
yards of material or will exceed four feet in vertical depth at its
deepest point as measured from the natural ground surface within any
parcel or any contiguous area.
(f)
Stripping which affects more than 20,000 square
feet of ground surface within any parcel of any contiguous area.
(g)
Filling which exceeds a total of 25 cubic yards
of material or will exceed three feet in vertical depth at its deepest
point as measured from the natural ground surface within any parcel
or any contiguous area.
(h)
Storage of more than 25 cubic yards of topsoil
or other fill material within any parcel or any contiguous area.
(i)
Site preparation activities within fish and
wildlife habitat areas designated on the Local Waterfront Revitalization
Program Map.
(j)
Construction of or substantial modifications
to erosion protection structures.
(k)
Disposal of dredge spoils.
(2)
Before any site preparation, land development or construction activities that require a permit under § 196-8D(1) of this chapter are undertaken within the Town of Irondequoit, the following shall apply:
(a)
An application for such permit shall be made
by the property owner or his or her authorized agent and shall be
made to the Commissioner of Public Works/Superintendent of Highways.
The permit application and all application materials shall be filed
with the Town Division of Planning and Zoning. Copies of the permit
application shall be submitted to the Town Engineer, the Town Conservation
Board and the Monroe County Soil Conservation District, which shall
all submit recommendations on the application to the Commissioner
within 30 days of the date of filing of such application.
(b)
Upon the filing of an application for a permit, the applicant shall pay to the Town a fee to cover the cost of permit review and inspection established in accordance with § 196-15 of this chapter. The fee shall be deemed a reasonable sum to cover the costs of administering this chapter and shall in no part be returnable to the applicant.
(c)
The Commissioner of Public Works/Superintendent of Highways shall have the authority to grant or deny all permits pursuant to this § 196-8D(2). When the application for a permit made under the provisions of this chapter is accompanied by an application for site plan approval and/or EPOD development permit approval, there shall be one public hearing with the Town Planning Board to review and act on all such EPOD applications. The Commissioner of Public Works/Superintendent of Highways shall grant or deny an application for a permit required by this chapter within 60 days of the date of filing of the application thereof, unless the applicant(s) and the Commissioner consent to a time extension.
(d)
The Commissioner of Public Works/Superintendent
of Highways shall not approve a permit application unless it is determined
that the proposed site preparation, land development or construction
activities adequately meet the standards and criteria set forth in
this chapter and are in compliance with the goals and policies of
the Town of Irondequoit's Local Waterfront Revitalization Program.
In granting a permit, the Commissioner shall fix a reasonable time
limit for the termination of the permit and may attach any reasonable
conditions to such permit which are deemed necessary to assure compliance
with the provisions of this chapter. Major modifications of the terms
of the approved permit shall follow the same application, review and
approval procedure as those set forth in this section for the original
permit. It shall be the responsibility of the authorized official
to inspect sites as frequently as necessary to assure compliance with
the terms of approved permits and the provisions of this chapter and
to submit written notification of any violations of these terms or
provisions to the Commissioner of Public Works/Superintendent of Highways.
If at any time during the effective period of a permit or upon its
expiration the terms of the permit are violated, the Commissioner
may revoke the permit and may require that the performance guaranty
be forfeited to the Town. If the applicant is unable to complete the
project or any phase thereof within the specified time period of the
permit, he or she shall, at least 30 days prior to the specified date
of completion, present, in writing, to the Commissioner a request
for an extension of time, setting forth therein the reasons for such
request. The Commissioner shall consider such request. If, in the
discretion of the Commissioner, such an extension is deemed acceptable
and warranted, he or she may grant a reasonable extension of time
in order for the applicant to complete the work.
(e)
A property owner or his or her agent shall initiate a request for a permit or the modification of a permit to undertake any site preparation, land development or construction activities within the Town of Irondequoit described in § 196-8D(1) of this chapter by filing an application with the Town Division of Planning and Zoning. All maps and plans that accompany said application shall be prepared by and bear the seal of a licensed engineer, architect or landscape architect. The Town Division of Planning and Zoning shall specify the number of copies of the application and any accompanying maps or plans that must be filed and may modify the requirements concerning any materials to accompany the application by waiving or adding such requirements as deemed appropriate based on the nature, purpose and scope of the proposed activities.
(f)
Except for the modification authorized or required
by the Town Division of Planning and Zoning, each application for
a permit required by this chapter shall contain the following material:
[1]
An existing feature map(s), at a scale no smaller
than one inch equals 200 feet, indicating the following:
[a]
The boundaries of all parcels on which site
preparation activities are proposed to be undertaken.
[b]
All structures and roads within a distance of
500 feet of the parcel on which site preparation activities are proposed
to be undertaken; the structures, identified by their uses; and the
roads, identified by their surface material and width of surface.
[c]
All watercourses within a distance of 500 feet
of the parcels on which site preparation activities are proposed to
be undertaken.
[d]
Existing topography at contour intervals of
no greater than five feet within a distance of 500 feet of the parcels
on which site preparation activities are proposed to be undertaken.
[e]
All sewer, water, gas and electric lines and
all other utilities within the parcels on which site preparation activities
are proposed to be undertaken.
[f]
Major wooded areas and tree clusters within
a distance of 500 feet of the parcels on which site preparation activities
are proposed to be undertaken.
[g]
All vegetation areas on the site proposed for
site preparation activities, including areas of grass, areas of brush
and wooded areas and tree clusters.
[h]
The depth to bedrock on the site proposed for
site preparation activities, if determined during site evaluation.
[i]
The depth to permanent groundwater aquifers
on the site proposed for site preparation activities, if such depth
is determined during site evaluation.
[j]
The location and present status of any previously
undertaken and/or permitted excavation, grading or filling activities
on the site.
[2]
An operations map(s), at a scale no smaller
than one inch equals 200 feet, which presents a complete draining,
erosion and sediment control plan and which indicates:
[a]
All excavation, filling and grading proposed
to be undertaken, identified as to the depth, volume and nature of
the materials involved.
[b]
All stripping, identified as to the nature of
vegetation affected.
[c]
All areas where topsoil is removed and stockpiled
and where topsoil is ultimately placed, identified as to the depth
of topsoil in each such area.
[d]
All temporary and permanent vegetation to be
placed on the site, identified as to planting type, size and extent.
[e]
All temporary and permanent drainage, erosion
and sediment control facilities, including but not limited to such
facilities as ponds, sediment basins, drains, culverts, beams, walls
and dams, identified as to the type of facility, the materials from
which it is constructed, its dimensions and its capacity in gallons.
[f]
The anticipated pattern of surface drainage
during periods of peak runoff, during and after completion of site
preparation and construction activities, identified as to rate and
direction of flow at all major points within the drainage system.
[g]
The location of all roads, driveways, sidewalks,
structures, utilities and other improvements.
[h]
The final contours of the site in intervals
no greater than two feet.
[i]
Proposed truck and equipment accessways within
and to the work site.
[3]
A time schedule which is keyed to the operation
map(s) that indicates:
[a]
When major phases of the proposed project are
to be initiated and completed.
[b]
When major site preparation activities are to
be initiated and completed.
[c]
When the installation of temporary and permanent
vegetation and drainage, erosion and sediment control facilities is
to be completed.
[d]
The anticipated duration, in days, of exposure
of all major areas of site preparation before the installation of
erosion and sediment control measures.
[4]
An estimate of the costs of providing temporary
and permanent vegetation and drainage, erosion and sediment control
facilities.
[5]
A statement or letter of intent from the applicant
or his or her authorized agent outlining the proposed project and
assuming full responsibility for the performance of the operation
as stated in the application and presented on appropriate maps or
plans.
The Town of Irondequoit may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Irondequoit prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of a performance bond, cash escrow or irrevocable letter of credit from an appropriate financial or surety institution which names the Town of Irondequoit as sole beneficiary. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 196-12. At its discretion, the Town of Irondequoit may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
The Town of Irondequoit shall designate a Stormwater
Management Officer who shall accept and review all SWPPPs and forward
such plans to the applicable municipal board. A consultant cannot
be appointed as a Stormwater Management Officer. The Stormwater Management
Officer may:
(1)
Review the plans;
(2)
Upon approval by the Town Board, engage the services
of a New York State licensed professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept the certification of a licensed/certified professional
that the plans conform to the requirements of this chapter.
B.
Prior to final permit for final approval of a land disturbance activity, an SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Irondequoit and submitted to the Stormwater Management Officer designated by the Town of Irondequoit for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 196-3. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the Town of Irondequoit design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town of Irondequoit.
C.
The requirements to have an SWPPP prepared by a qualified
professional and to have the final plan signed and certified by a
New York State licensed professional engineer (PE) are not applicable
to land disturbance activities that meet technical standards and are
five acres or less occurring on a single-family residence, which is
not part of a larger common plan of development, or an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed, unless otherwise
directed by the Stormwater Management Officer.
D.
Minimum requirements. All SWPPPs shall provide the
following background information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project and contact information
that includes the name, address, and telephone number of all persons
having a legal interest in the property and the tax reference number
and parcel number of the subject property or properties.
(2)
Site map/construction drawing(s) for the project,
including a general location map and a one-inch-equals-one-hundred-feet
topographic base map of the site which extends a minimum of 100 feet
beyond the limits of the proposed development. At a minimum, the site
map should show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s), including receiving waters (name
of the water), streams, ponds, culverts, ditches, and wetlands, as
well as drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of utilities, roads,
soils types, forest cover, and significant natural and man-made features
not otherwise shown; locations of off-site material, waste, borrow
or equipment storage areas, proposed concrete cleanout basin(s) and
construction entrance; and location(s) of the stormwater discharges(s);
and resources protected under other chapters of this Code or by easements.
(3)
Description of the soil(s) present at the site.
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation, final
grading and landscaping, and any other activity at the site that results
in soil disturbance. Sequencing shall identify the expected date on
which clearing will begin and the estimated duration of exposure of
cleared areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
(5)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on site, with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials, to stormwater; and a description of spill prevention and
response measures.
(6)
A description of the temporary and permanent structural
and vegetative measures to be used for soil stabilization, runoff
control and sediment control for each stage of the project, from initial
land disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
(7)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(8)
Illustration of all necessary erosion and sediment
control measures, including the siting and sizing of any temporary
sediment basins, and provide the dimensions, material specifications
and installation details for each throughout all phases of construction
and completion of development of the site. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
(9)
Identification of all temporary practices that will
be converted to permanent control measures.
(10)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place.
(11)
Identification of the parts or components of
the SWPPP that require maintenance. Furthermore, it shall also provide
a schedule of required maintenance and identify the party responsible
for such work.
(12)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable.
(13)
Any existing data that describes the stormwater
runoff at the site.
(14)
Assurance that all other applicable environmental
permits have been acquired for the site prior to initial land disturbance.
Copies of the applicable environmental permits shall be provided to
the Town of Irondequoit.
(15)
Assurance that the applicant or its "responsible
individual" shall be on site at all times when earthwork takes place
and shall inspect and document the effectiveness of all erosion and
sediment control practices.
(16)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or stormwater management practice
installation and maintenance shall be identified in the SWPPP.
(a)
All such contractors and subcontractors shall
sign a copy of the following certification statement before undertaking
any land disturbance activity at the site: "I certify under penalty
of law that I understand and agree to comply with the terms and conditions
of the SWPPP. I also understand that it is unlawful for any person
to cause or contribute to a violation of the water quality standards."
(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.
The certification statement must be included in the SWPPP.
E.
Modifications to plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to
the Town of Irondequoit and shall be approved or disapproved. The
applicant shall amend the SWPPP whenever:
(a)
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 providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this chapter. Amendments to the SWPPP may be
reviewed by the Town of Irondequoit. A copy of the newly amended SWPPP
must be provided to the Town of Irondequoit within five business days.
(2)
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP. The Town of Irondequoit may request copies of signed
contractor certification statements from new contractors/subcontractors
working on the site.
(3)
Field modifications of a minor nature may be authorized
by the Town of Irondequoit by written authorization to the applicant.
A.
Town of Irondequoit inspections.
(1)
The Town of Irondequoit or designated agent as defined in § 196-3 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town of Irondequoit reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or its agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify Town of Irondequoit at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been
installed and stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further earthwork shall be conducted
on the site, except for site stabilization, until the violations are
corrected and approved by the Town of Irondequoit.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a "responsible individual," as defined in § 196-3 who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town of Irondequoit within five days after the month's end.
(2)
The requirement to employ a qualified professional
to inspect and document the effectiveness of all erosion and sediment
control practices is not applicable to land disturbance activities
of five acres or less occurring on a single-family residence, which
is not part of a larger common plan of development or on an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
A.
Duration.
(1)
For a project that requires a NYSDEC SPDES permit,
the SWPPP approved by the Town of Irondequoit shall be in effect until:
(2)
For projects that do not require an NYSDEC NOT, the
SWPPP is in effect until a final inspection is conducted and the Town
of Irondequoit has issued the applicant written approval.
(3)
Notwithstanding the foregoing, in the event no land disturbance activity, as defined in § 196-3, takes place within two years following the date upon which the Town's approval of the SWPPP was issued, no development activity or work of any kind may take place until such time, if any, as the Town's Stormwater Management Officer reviews and confirms its previous approval of the SWPPP. The Town shall establish a fee for such review and confirmation in accordance with the provisions of § 196-15.
B.
Maintenance.
(1)
The applicant shall at all times properly operate
and maintain all stormwater management facilities and erosion and
sediment control measures which are installed or used by the applicant
to achieve compliance with the conditions of this chapter. Sediment
shall be removed from sediment traps or sediment ponds whenever their
design capacity has been reduced by 50%. The land disturbance activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(2)
At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
(3)
The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the Town of Irondequoit and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The maintenance agreement shall be generally consistent with the terms and conditions of the "Stormwater Control Facility Maintenance Agreement," the form of which is attached to and made a part of this chapter as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
(4)
The Town of Irondequoit, in lieu of a maintenance
agreement, may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets
all the requirements of this chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
C.
Closeout. The applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities.
(2)
Inspect grading of all drainage structures and provide
elevation as-builts to the Town of Irondequoit.
(3)
Establish perennial vegetative cover to a density
of 80% over 100% of the site.
(4)
Removal of all debris and temporary erosion and sediment
control practices.
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 196-3) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(6)
Complete any other measure deemed appropriate and
necessary by the Town of Irondequoit to stabilize the project site.
A.
Stop-work order. The Town of Irondequoit may issue
a stop-work order for violations of this chapter. Persons receiving
a stop-work order shall be required to halt all land disturbance activities,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Town of Irondequoit confirms that the land disturbance activity is
in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this chapter.
B.
Notice of violation. When the Town of Irondequoit
determines that an activity is not being carried out in accordance
with the requirements of this article, it shall issue a written notice
of violation to the owner of the property. The notice of violation
shall contain:
(1)
The name and address of the owner or applicant.
(2)
The address, when available, 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 development activity into compliance with this article,
a time schedule for the completion of such remedial action and a statement
to the effect that the failure to commence any such remedial action
within 10 days following the date of service of such notice of violation
shall result in the commencement of enforcement proceedings.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
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.
C.
Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Article I. Failure to comply with any provision or requirement of this article, or of any statement, plan, application, approval, permit or certification provided pursuant to the provisions of this article, shall be deemed a violation punishable by a fine not exceeding $350 or imprisonment for a period of not to exceed 15 days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period of not to exceed 15 days, or both; and, upon conviction of a third or each and every subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate, additional violation. In addition to any other penalty authorized by this section, any person, partnership, limited liability company, association, corporation or other entity convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
D.
Withholding of certificate of occupancy. Occupation
permits may not be granted until corrections to all stormwater management
practices have been made and accepted by the Town of Irondequoit.
The provisions and sections of this chapter
and article shall be deemed to be separable, and if the provisions
of any article, section, subsection, paragraph, subdivision or clause
of this chapter or article shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any article, section, subsection, paragraph, subdivision
or clause of this chapter.
The applicant shall pay to the Town of Irondequoit at the time it submits its application a one-time fee to be established from time to time by the Town Board to cover administrative costs associated with the review and consideration of SWPPPs, SMPs and permits issued pursuant to § 196-8D. In addition to the foregoing fee:
A.
The applicant shall reimburse the Town of Irondequoit
for all reasonable and necessary engineering, administrative and legal
expenses incurred by the Town in connection with the review, inspection
and consideration of a stormwater application, regardless of whether
such application is approved or denied in whole or in part.
B.
Simultaneous with the filing of an application and
prior to the commencement of any construction or site work activities,
the applicant shall deposit with the Town Supervisor a sum of money
determined by the Town Board to cover the costs to be incurred by
the Town for engineering, inspection and legal expenses. Such deposit
shall be held in a separate, non-interest-bearing account in the name
of the Town, and the Town Supervisor shall keep a separate record
of all such moneys deposited, on whose behalf the moneys were deposited,
and the project for which the sums were deposited.
C.
Upon receipt and approval by the Town Board of itemized
vouchers from an engineer and/or attorney for services rendered on
behalf of the Town pertaining to the application, construction or
site work activities, the Town Supervisor shall cause such vouchers
to be paid out of the moneys so deposited and shall furnish copies
of such vouchers to the applicant at the same time such vouchers are
submitted to the Town.
D.
The Town Board shall review and audit all such vouchers
and shall approve payment of only such engineering and legal fees
which the Town Board determined to have been reasonable and necessarily
incurred by the Town in connection with the review, consideration
and approval of any application. For purposes of the foregoing, a
fee or part thereof is reasonable in amount if it bears a reasonable
relationship to the average charge by engineers or attorneys to the
Town for services performed in connection with the approval or construction
of a similar development. In this regard, the Town Board may take
into consideration, among other things, the size, type and number
of facilities and of the construction and/or site work activities
to be performed; the topography of the land on which such construction
and/or site work activities are to be conducted and/or facilities
to be located; soil conditions; surface water drainage conditions;
the nature and extent of facilities to be constructed; and any special
conditions or considerations that the Town Board may deem relevant.
A fee or part thereof is necessarily incurred if it was charged by
the engineer or attorney for a service which was rendered in order
to protect the health, safety or other vital interests of the residents
of the Town or to protect public or private property from damage and
other factors, to assure the proper and timely implementation of the
purposes and provisions of this article, to protect the legal interests
of the Town, including, but not limited to, the avoidance of claims
and liability, and such other interests as the Town Board may deem
relevant.
E.
If at any time during or after the processing of such
application or during or after construction or site work activities
there shall be insufficient moneys on hand to the credit of the applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the Town Supervisor that such moneys will be insufficient to meet
vouchers yet to be submitted, the Town Supervisor shall cause the
applicant to deposit additional sums as the Supervisor deems necessary
or advisable to meet such expenses or anticipated expenses.
F.
In the event that the applicant fails to deposit such
funds or such additional funds, the Town Supervisor shall notify any
and all applicable Town officers and boards of such failure, and any
review, approval, permit or certificate may be withheld by such appropriate
officer and/or board until such moneys are deposited.
G.
The issuance of any final approval, permit or certificate
of occupancy shall not occur unless and until all fees incurred by
the Town have been paid in full. Any amounts remaining on account
to the credit of the applicant after such final approval, permit or
certificate shall be returned to such applicant.
