[HISTORY: Adopted by the Town Board of the
Town of Pittsford 11-20-2007 as part of L.L. No. 10-2007.[1] Amendments noted where applicable.]
A.
It is hereby determined that:
(1)
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;
(2)
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(8)
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
(9)
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 the
adverse effects of erosion and sedimentation from development.
B.
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 the Town, and to address the findings of fact in § 127-1A of this chapter. This chapter 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 GP-02-02, as amended
or revised;
(2)
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, as amended or
revised;
(3)
Minimize increases in stormwater runoff from land
development 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 development 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.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meaning as
set forth in this section:
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 landowner or agent of a landowner who has filed an application
for a land development activity.
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 New York State Department of Environmental Conservation.
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.
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."
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 specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
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 person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
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.
Measures that prevent eroded sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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.
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 series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee, the Town Engineer or other public official designated
by the Town Board to enforce this chapter.
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.
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.
The Town of Pittsford.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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," including areas regulated
as wetlands under federal or state law.
This chapter shall be applicable to all land development activities as defined § 127-2 of this chapter.
A.
The Stormwater Management Officer (SMO) shall review
all stormwater pollution prevention plans (SWPPP). The SMO may:
(1)
Personally review and approve plans;
(2)
Upon approval by the Town Board, engage the services
of a licensed professional engineer to review and make recommendations
as to approval of plans, specifications and related documents at a
cost not to exceed a fee schedule established by the Town Board; or
(3)
Accept the certification of a licensed/certified professional
that the plans conform to the requirements of this chapter.
B.
The Stormwater Management Officer (SMO) shall also
administer, implement, and enforce the provisions of this chapter.
Such powers granted or duties imposed upon the authorized enforcement
official may be delegated in writing by the SMO as may be authorized
by the Town.
A.
The following activities are exempt from review under
this chapter.
(1)
Agricultural activity as defined in this chapter.
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
(3)
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.
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the SMO.
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Town on or before the effective date of this
chapter.
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect
life, property or natural resources.
(10)
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by
that person and his or her family.
(11)
Landscaping and horticultural activities in connection
with an existing structure.
A.
No application for final approval of a land development
activity shall be approved until the appropriate board or Town official
has received a SWPPP prepared in accordance with the specifications
in this chapter and approved by the SMO.
B.
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Information as to 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 shall
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; location(s) of any stormwater hotspots; and location(s)
of the stormwater discharges(s);
(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)
A 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 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; and
(16)
Any existing data that describes the stormwater runoff
at the site.
C.
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 127-6D below, as applicable:
(1)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
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
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land development
activity 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 on 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 and 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, material 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 and inspection easement agreement binding on all subsequent landowners served by the on-site stormwater management measures, in accordance with § 127-8; and
(9)
For Condition A, t[REMOVED SEQ FIELD]he 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.
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 certification.
(1)
Each contractor and subcontractor identified in the
SWPPP 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."
(2)
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.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
G.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
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:
B.
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 § 127-7A of this chapter and 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 or his or her representative shall at all times properly
operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this 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 meeting Condition A, B or C in § 127-6C of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices 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:
(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 operation and maintenance and
training new maintenance personnel.
C.
Maintenance and inspection easement agreement. Prior
to the issuance of final approval of a land development activity that
has a stormwater management facility that will remain in private ownership
as one of the requirements, the record owner of the stormwater management
facility shall execute a maintenance and inspection easement agreement
running to the benefit of the Town. The maintenance and inspection
easement agreement shall provide for maintenance of the facility,
by the owner, in accordance with the requirements of this chapter
together with access to the facility at reasonable times for periodic
inspection by the Town to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The maintenance and inspection easement
agreement shall be recorded in the office of the County Clerk after
approval by the attorney for the Town.
D.
Dedication permitted. The Town, 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.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO 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 how the work
fails to comply with the requirements of this chapter and the SWPPP
as approved. To obtain inspections, the applicant shall notify the
SMO at least 48 hours before any of the following as required by the
SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; and
[8]
Successful establishment of landscaping in public
areas.
(b)
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 SMO.
(2)
Stormwater management practice inspections. The SMO
is authorized to conduct 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 plan must show the final design specifications for
all stormwater management facilities and must be certified by a professional
engineer.
(3)
Inspection of stormwater facilities after project
completion. Inspection programs may be established by the SMO on any
reasonable basis, including, but not limited to, the following: routine
inspections; random inspections; inspections based upon complaints
or other notice of possible violations; inspection of drainage basins
or areas identified as higher-than-typical sources of sediment or
other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher-than-usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than
the typical discharge to cause violations of state or federal water
or sediment quality standards or the SPDES stormwater permit; and
joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices.
(4)
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
(5)
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 the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as required or allowed by this chapter. This right to enter may be granted by the maintenance and inspection easement and agreement provided in accordance with § 127-8C of this chapter.
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure
the full and faithful compliance with an approved SWPPP, the SMO 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 as the beneficiary. The
security shall be in an amount to be determined by the SMO 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, 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 SWPPP, and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the SMO.
(2)
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 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 may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Recordkeeping. The SMO may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the SMO determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, the SMO may issue a written
notice of violation to the landowner, applicant and/or developer.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer and/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; and
(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.
B.
Stop-work orders. The SMO 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 SMO 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 in an
action brought by the Town in State Supreme Court. Further, the SMO
may issue appearance tickets for violations of this chapter.
D.
Penalties. In addition to or as an alternative to
any penalty provided in this chapter or by law, any person who violates
the provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both for conviction of a first offense; for 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 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
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 a land development activity is conducted in violation of this chapter, the SMO may prevent the occupancy of said building or land, and the Building Inspector or Code Enforcement Officer may refuse to issue a certificate of occupancy of certificate of compliance pursuant to Chapter 64 of this Code.
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
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Town may require any person undertaking
land development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town or performed by a third party for
the Town.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
