[HISTORY: Adopted by the Town Board of the
Town of Chenango 5-7-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings in § 57B-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A.
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;
B.
Require land development 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 GP-02-01 or as amended
or revised;
C.
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity
of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.
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 property maintained and eliminate threats to public safety.
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonprofit source
pollution can be controlled and maintained through the regulation
of stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
I.
Regulation of land development 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 any
adverse effects of erosion and sedimentation from development.
In accordance with Article 10 of the Municipal
Home Rule Law of the State of New York, the Town Board of Trustees
of the Town of Chenango 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 Chenango and for the protection and
enhancement of its physical environment. The Town Board of the Town
of Chenango 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.
This chapter shall be applicable to all land development
activities as defined in this chapter.
B.
The municipality 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:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Chenango
engage the services of a registered 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 professional
that the plans conform to the requirements of this chapter.
C.
All land development activities subject to review
and approval by the Planning Department, Planning Board, Zoning Board
of Appeals or Town Board of the Town of Chenango, under subdivision,
zoning, site plan, and/or special permit regulations, shall be reviewed
subject to the standards contained in this chapter.
The following activities may be exempt from
review under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
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 facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for a subdivision
that has been approved by the Town of Chenango and construction activities
have started on or before the effective date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings as
set forth:
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.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A structure which allows the entry of surface runoff into
a storm sewer by connection to the storm sewer.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Design Manual, most recent
version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A permanent stormwater management structure whose primary
purpose is to temporarily store stormwater runoff. A detention structure
may be dry during nonstorm events or may have a permanent pool of
water.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
The delivery of a disproportionately large load of pollutants
during the early part of storms due to the rapid runoff of accumulated
pollutants. The first flush is defined as the runoff generated from
the first 1/2 inch of runoff from the entire site from land which
has been made less pervious than the predevelopment conditions though
land grading and/or construction/development activities.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specific on-site pollution control strategies.
The process of percolating water into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
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 development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Developing a parcel of land in distinct pieces or parts,
with the stabilization of each place completed before the development
of the next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
A practice designed to store stormwater runoff by collection
as a permanent pool of water without release except by means of evaporation,
infiltration, or attenuated release when runoff volumes exceed the
storage capacity of the pool.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been removed from its site of origin
by erosion.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species, critical environmental areas
designated by the municipality.
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.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a sense of stormwater management practices installed,
stabilized and operated for the purpose of controlling stormwater
runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Any activity which removes or significantly disturbs trees,
brush, grass, or any other kind of vegetation.
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 natural depression or wide shallow ditch used to route
or filter runoff.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A region or area contributing stormwater ultimately to a
particular watercourse or body of water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan required. No
application for approval of a land development activity shall be reviewed
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
chapter.
B.
Contents of stormwater pollution prevention plans.
All SWPPP 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.
(2)
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; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharge(s). The
site map should be at a scale no smaller than one inch equals 100
feet.
(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 and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(6)
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.
(7)
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.
(8)
Site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent
control measures.
(11)
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.
(12)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site.
(15)
Description of structural practice 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.
(16)
Any existing data that describes the stormwater runoff
at the site.
C.
Land development activities as defined in § 57B-6 of this chapter and meeting condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth below:
(1)
Condition A: stormwater runoff from land development
activity(ies) discharging a pollutant of concern to either an impaired
water or a total maximum daily load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of
the impairment.
(2)
Condition B: stormwater runoff from land development
activity(ies) disturbing five or more acres.
(3)
Condition C: stormwater runoff from land development
activity(ies) disturbing between one and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
D.
SWPPP requirements for conditions A, B, and C:
(2)
Description of each postconstruction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice.
(4)
Hydrologic hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, materials specifications and installation
details for each postconstruction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)
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.
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 57B-9.
(10)
For condition A, the SWPPP shall be prepared by a
landscape architect, certified professional or professional engineer
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meets
the requirements in this chapter.
E.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
F.
Contractor training.
[Amended 6-23-2010 by L.L. No. 3-2010]
(1)
The
owner will identify the contractor(s) responsible for SWPPP implementation.
(2)
The
contractor(s) will identify at least one individual trained in erosion
and sediment control (E&SC) by April 30, 2010.
(3)
Effective
May 1, 2010, the contractor(s) and a trained individual must be on
site on a daily basis during soil disturbance activities.
(5)
Each
contractor and subcontractor who will be involved in soil disturbance
and/or stormwater management practice installation shall sign and
date 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. I also understand that it
is unlawful for any person to cause or contribute to a violation of
water quality standards."
(6)
The
certification must include the name and title of the person providing
the signature, the address and telephone number of the contracting
firm, the address (or other identifying description) of the site,
and the date the certification is made.
(7)
The
certification statement(s) shall become part of the SWPPP for the
land development activity.
G.
Construction permit paperwork to be available and
accessible at the construction site at all times from the date of
initiation of construction to the date of final stabilization:
[Amended 6-23-2010 by L.L. No. 3-2010]
(1)
The
SWPPP, including construction drawings and plans.
(2)
The
notice of intent (NOI) signed by the owner and preparer.
(3)
An
acknowledgment letter from the DEC.
(4)
The
MS4 SWPPP Acceptance Form.
(5)
A site
log book including all inspection reports, certifications and SWPPP
updates, modifications or addendums.
(6)
A current
general permit for stormwater discharges from construction activity.
(7)
For
sites that disturb five or more acres, a letter of permission from
the DEC or MS4 is required.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conversion
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 57B-8A. The SWPPP shall be prepared by a licensed professional.
C.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
activity shall at all times property 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 chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
For land development activities as defined in § 57B-6 of this chapter and meeting Condition A, B or C in § 57B-7C, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days for sites with five acres or less exposed and twice every seven days, separated by two full days, for sites with more than five acres exposed or in accordance with the current general permit for stormwater discharges from construction activity. Inspection reports shall be maintained in a site log book.
[Amended 6-23-2010 by L.L. No. 3-2010]
B.
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 Chenango to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded
by the grantor in the office of the County Clerk after approval by
the counsel for the Town of Chenango.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices (SMPs) installed in accordance
with this chapter shall ensure they are operated and maintained to
achieve the goals of this chapter. Proper operation and maintenance
also includes, as a minimum, the following:
[Amended 6-23-2010 by L.L. No. 3-2010]
(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 chapter.
(2)
Written
procedures for the operation and maintenance and training of new maintenance
personnel.
D.
Maintenance agreements. The Town of Chenango 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 chapter entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1] The Town of Chenango, 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 chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
[1]
Editor's Note: Schedule B, Sample Stormwater Control Facility Maintenance Agreement, is included at the end of this chapter.
A.
Erosion and sediment control inspections. The Town
of Chenango Stormwater Management Officer may require such inspections
as necessary to determine compliance with this chapter 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 chapter
and the stormwater pollution prevention plan (SWPPP), as approved.
(1)
To obtain inspections, the applicant shall notify
the Town of Chenango enforcement official at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control
measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(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. 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 Stormwater
Management Officer.
B.
Stormwater management practice inspections. The Town
of Chenango Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans for any stormwater management
practices located on site after final construction is completed. The
plans must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
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 under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material
or water in drainage control facilities; and evaluating the condition
of drainage control facilities and other stormwater management practices.
D.
Submission of reports. The Town of Chenango Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as necessary to determine compliance with
this chapter.
E.
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 Chenango the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 57B-10C.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town of
Chenango in its approval of the stormwater pollution prevention plan,
the Town of Chenango may require the applicant or developer 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 Chenango as the beneficiary. The security shall be in
an amount to be determined by the Town of Chenango 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 Chenango, provided that
such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) 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 of Chenango. 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 Chenango 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 and sediment control facilities, the Town of Chenango
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town of Chenango may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
A.
Notice of violation. When the Town of Chenango determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer 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 land development activity into compliance with this chapter
and a time schedule for the 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; and
(6)
A statement that the determination of violation may
be appealed to the Town of Chenango by filing a written notice of
appeal within 15 calendar days of service of notice of violation.
B.
Stop-work orders. The Town of Chenango may issue a
stop-work order for violations of this chapter. Persons receiving
a stop-work order shall be required to halt all land development activities,
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Town of Chenango 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, or monetary penalties in accordance with the enforcement
measures authorized in this chapter.
C.
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
D.
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 guilty of a violation punishable
by a fine of not exceeding $350 or imprisonment for a period not to
exceed six months, or both for conviction of a first offenses; for
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed six
months, or both; and upon conviction for a third or subsequent offense,
all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this chapter 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.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter, the Stormwater Management Officer may prevent the
occupancy of said building or land.
F.
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 Chenango may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
[Amended 12-23-2009 by L.L. No. 3-2009]
The following fees shall be required in connection with the
submission of a stormwater pollution prevention plan (SWPPP):
B.
Inspection fees. SWPPP subdivision and site plan inspection fees to be paid upon approval of final subdivision or site plan shall be in accordance with Chapter 19. The total estimated cost of all improvements, including all temporary and permanent stormwater erosion control measures, shall be determined by Chenango Town personnel or Town consultants.
[Amended 4-7-2014 by L.L.
No. 1-2014]
C.
Escrow accounts.
(1)
An escrow account entitled "Stormwater Pollution Prevention Plan
Review and Inspection" can be established by the Office of Supervisor
of the Town of Chenango regarding applications addressed as set forth
in this chapter. The applicant shall fund said escrow account.
(2)
Withdrawals from said escrow account may be made from time to time
to reimburse the Town for the cost of its Town personnel, including
but not limited to legal consultation, review and consideration, and/or
professional review and inspection services actually incurred at prevailing
rates of pay for such Town personnel or consultant's services. Whenever
the balance in such escrow account is reduced to 1/4 of its initial
amount, the Town shall so notify the applicant; thereafter, the applicant
shall deposit additional funds into such account so as to restore
its balance to 1/2 of the initial deposit. If such account is not
replenished by such additional deposit, the reviewing and/or inspecting
party may suspend the review of the application or inspection of the
construction until such time that the above-stated conditions are
met.
(3)
After all pertinent review and inspection fees with respect to the
particular application for which the account was established have
been paid, the Town shall refund to the applicant the balance of any
funds then remaining on deposit in the escrow account, without interest,
as established by this section.
