[HISTORY: Adopted by the Town Board of the Town of Newstead 2-12-1996
by L.L. No. 2-1996 (Ch. 76 of the 1988 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Stormwater Management and Erosion
Control Law."
The Town of Newstead (the "Town") finds that uncontrolled drainage and
runoff associated with land development has a significant impact upon the
health, safety and welfare of the community. Specifically:
A.
Stormwater runoff can carry pollutants into receiving
water bodies, degrading water quality.
B.
The increase in nutrients in stormwater runoff such as
phosphorus and nitrogen accelerates eutrophication of receiving waters.
C.
Siltation of water bodies resulting from increased erosion
decreases their capacity to hold and transport water, interferes with navigation
and harms flora and fauna.
D.
Improperly managed stormwater runoff can increase the
incidence of flooding and the level of floods which occur, endangering property
and human life.
E.
Substantial economic losses can result from these adverse
impacts on community waters.
In order to protect, maintain and enhance both the immediate and the
long-term health, safety and general welfare of the citizens on the Town,
this chapter has the following objectives:
A.
To prevent decreases in groundwater recharge and stream
base flow so as to maintain aquatic life, assimilative capacity, and potential
water supplies.
B.
To maintain the integrity of stream geometry so as to
sustain the hydrologic functions of streams.
C.
To facilitate the removal of pollutants in stormwater
runoff so as to perpetuate the natural biological functions of streams.
In accordance with Article 9 of the Town Law of the State of New York,
the Town has the authority to enact laws for the purpose of promoting the
health, safety or general welfare of the Town, including the protection of
the property of its inhabitants. By the same authority, the Town may include
in any such law provision for the appointment of any municipal officer or
employees to effectuate and administer such ordinance.
Upon approval of this chapter by the Town, all site preparation and
construction activities requiring approval under this chapter shall be in
conformance with the provisions set forth herein.
A.
Stormwater management and erosion control plans should
be prepared and reviewed for all land development projects and construction
activities when it is determined that stormwater runoff and/or erosion will
have a significant effect on the environment.
B.
It has been established that land-clearing, land-grading
or earthmoving activities can have a significant effect on the environment;
therefore, no person, corporation, organization or public agency may, on or
after the effective date of this chapter:
(1)
Initiate any land-clearing, land-grading or earthmoving
activities without first preparing a stormwater management and erosion control
plan and obtaining approval of said plan from the Town; or
(2)
Alter any drainage system without first preparing a stormwater
management and erosion control plan and obtaining approval of said plan from
the Town.
C.
Exemptions. The following activities are exempt from
the stormwater management and erosion control plan requirements:
(1)
Agricultural activities, including household gardening.
(2)
Development of less than five single-family or duplex
residential dwelling units and their accessory structures such as garages
and storage sheds in an existing subdivision unless such development is determined
to have stormwater runoff and/or erosion which may have a significant effect
on the environment as determined by the Town Code Enforcement Officer.[1]
(3)
Development of one single-family or duplex residential
structure not in an existing subdivision unless such development is determined
to have stormwater runoff and/or erosion which may have a significant effect
on the environment as determined by the Town Code Enforcement Officer.[2]
(4)
Industrial and/or commercial development projects which
result in an impervious surface less than 5,000 square feet unless such development
is determined to have stormwater runoff and/or erosion which may have a significant
effect on the environment as determined by the Town Code Enforcement Officer.[3]
(5)
Any maintenance, alteration, use or improvement to an
existing structure which will not change the quality, rate, volume or location
of surface water discharge or contribute to erosion and sedimentation.
A.
It is the responsibility of the applicant to include
sufficient information in the stormwater management and erosion control plan
for the Town to evaluate the environmental characteristics of the affected
areas, the potential and predicted impacts of the proposed activity on the
community waters and the effectiveness and acceptability of those measures
proposed by the applicant for reducing or mitigating adverse impacts.
B.
The stormwater management and erosion control plan shall
contain the name, address and telephone number of the owner and developer.
In addition, the legal description of the property shall be provided, and
its location with reference to such landmarks as major water bodies, adjoining
roads, railroads, subdivisions or towns shall be clearly identified on a map.
C.
The requirements for the contents of the stormwater management
and erosion control plan will be broken into two categories. If the project
exceeds the thresholds requiring a stormwater SPDES permit (per the State
Pollutant Discharge Elimination System general permit for stormwater discharge
from construction activities, requiring a notice of intent), it shall be deemed
a Type A action. If the project (work) does not exceed the threshold requiring
a state SPDES permit and is not an exempt activity per this chapter, it shall
be deemed a Type B action. The contents of these plans will be reviewed by
the Planning Board, Code Enforcement Officer and/or Town Engineers as necessary
during the site plan or subdivision review process. For projects requiring
a stormwater management and erosion control plan but not requiring a site
plan or subdivision approval, the Code Enforcement Officer shall review the
project and if necessary refer the plan to the Planning Board and/or Town
Engineers for review and comment.[1]
(1)
For a Type A action, the stormwater management and erosion
control plan shall follow the requirements set forth in the New York State
Stormwater Management Design Manual and the New York State Standards and Specifications
for Erosion and Sediment Control.
(2)
For a Type B action, the content of the stormwater management
and erosion control plan shall be determined by the Town Planning Board. The
contents of this plan shall be based on the NYSDEC publications referred to
for Type A actions but will only include those items that the Town Planning
Board believes are necessary for the type of project proposed.
A.
In order to ensure the full and faithful completion of
all construction activities related to compliance with all conditions set
forth by the Town in its approval of the stormwater management and erosion
control plan, the Town may require the developer to provide, prior to construction,
a performance bond, escrow account certification or irrevocable letter of
credit from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
The security shall be in an amount to be determined by the Town based on submission
of final design plans, with reference to actual construction costs.
B.
Where stormwater
management and erosion and sediment facilities are to be operated and maintained
by the developer or owner of a development (and not a homeowners' association
or the Town), the developer, prior to construction, also may be required to
provide the Town with an irrevocable letter of credit from an appropriate
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities for the life of
the project. The letter of credit shall remain in force until the surety is
released from liability by the Town. Per annum interest on the letter of credit
will be reinvested in the account until the surety is released from liability.
The operation and maintenance letter of credit shall remain in force for the
life of the project. If the developer or owner fails to properly operate and
maintain stormwater management and erosion and sediment control facilities,
the Town may draw upon the account to cover the costs of proper operation
and maintenance.
A.
Enforcement of this chapter shall be the responsibility
of the Town Code Enforcement Officer.
B.
Nuisance. Any development activity that is commenced
without prior approval of a stormwater management and erosion control plan
or is conducted contrary to an approved stormwater management and erosion
control plan as required by this chapter shall be deemed a public nuisance
and may be restrained by a stop-work order and issuance of a notice of violation.
C.
Civil and criminal penalties. In addition to or as an
alternative to any penalty provided herein or by law, any person who violates
the provisions of this chapter shall be punished by a fine of not less than
$100 nor more than $1,000 or by imprisonment for a period not to exceed 60
days, or by both such fine and imprisonment. Such person shall be guilty of
a separate offense for each day during which the violation occurs or continues.
D.
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 may take necessary corrective action, the cost
of which shall become a lien upon the property until paid.
E.
Notice of violation. When the Town determines that developmental
activity is not being carried out in accordance with the requirements of this
chapter, 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 street 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 actions necessary to bring
the development activity into compliance with this chapter and a time schedule
for completion of such remedial action.
(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.
F.
The notice of violation shall be served upon the person(s)
to whom it is directed either personally, in a manner provided for personal
services of notices by the court of local jurisdiction or by mailing a copy
of the notice of the violation by certified mail, postage prepaid, return
receipt requested, to such person at his or her last known address.
The Town, through the Planning Board, in consultation with the Town
Code Enforcement Officer and Town Engineer, may grant a written variance from
any of the requirement of this chapter using the following criteria:
A.
There are special circumstances applicable to the subject
property or its intended use; and
