Town of Clifton Park, NY Design Standards

Monuments shall be located in sufficient number to control the subdivision, but, as a minimum, they shall be located as necessary to provide visibility between adjacent monuments along one right-of-way line of each street. All easements to be dedicated to the town or open space to be dedicated to the town shall be monumented at their point of intersection with the right-of-way. Iron rods shall be set at all other bend points along any easement to be dedicated to the town or any open space to be dedicated to the town.

[Amended 4-6-1998 by L.L. No. 2-1998]

Bench marks shall be set and marked with United States Geological Survey elevation unless an assumed datum is allowed by the Board. One bench mark shall be required for every 25 acres developed.

Monuments and bench marks shall be carried from existing monuments or bench marks and their origin noted on the subdivision plat. Suitable primary control points shall be shown on the plat and all other dimensions, bearings, angles and similar data shall be referred to them.

Certification. The following certification accompanied by the imprint of the New York registration seal of the land surveyor and his name shall be included on the subdivision plat: "I hereby certify this map to be substantially correct and in accordance with the accuracy required by the Town of Clifton Park Subdivision Standards."

§ 86-6 Streets.

General. When a subdivision street intersects an existing street, the Board, through the Highway Superintendent, may require the owner to improve the existing street as necessary to meet the requirements of these regulations for intersection design.

[Amended 4-6-1998 by L.L. No. 2-1998; 12-20-1999 by L.L. No. 11-1999]

Street width.

Residential subdivisions shall be laid out to provide the following street and roadway widths unless otherwise shown on the Master Plan or Official Map, or as otherwise approved by the Board.

[Amended 4-6-1998 by L.L. No. 2-1998; 12-20-1999 by L.L. No. 11-1999]

Street Type	Street Right-of-Way Width (feet)	Roadway Width^*
Collector	60	36
Local and marginal access (integral curb and gutter)	60	28
Cluster (closed drainage) (not including curbing)	60	24
Rural (open drainage) (100,000 square-foot minimum lot area)	60	24
^*NOTE: Roadway width measured shall be measured between curbs.

The Board may require additional street and roadway widths in a nonresidential and multifamily developments.

Roadways shall be centered in the right-of-way, except in unusual cases. Half streets shall be prohibited.

Street alignment.

A curve shall be required for any deflection in a street. Minimum center-line radius for horizontal curves shall be 300 feet.

[Amended 4-6-1998 by L.L. No. 2-1998]

A tangent of at least 150 feet shall be required between reverse curves.

Street grades.

Street grades shall be as follows:

	Street Type	Maximum Grade (percent)
	Collector	6
	Local	7
	Marginal access	7

Street grades shall not be less than 1.0% nor greater than the maximum grades listed above except in the extreme circumstances where the Planning Board may, as recommended by the Town Engineer, waive this requirement. Grades at street intersections shall be held to a maximum of 3% for a distance of 100 feet from the edge of pavement of the intersecting street. Vertical parabolic curves shall be introduced at changes of grade exceeding an algebraic difference of 1% and shall provide the following minimum sight distances:

	Street Type	Minimum Sight Distance (feet)
	Collector	250
	Local	100
	Marginal access	100

Street intersections.

T-intersections shall be used in residential areas where practical. Intersections of more than two streets shall be prohibited. Intersecting streets shall be laid out so as to intersect at 90º if feasible. An angle of intersection of less than 75º shall not be permitted. Any change in street alignment to meet this requirement shall be at least 100 feet from the pavement edge of the intersecting street.

Street right-of-way lines and roadways at intersections shall be rounded with a radius determined from the following table by the higher type of street in the intersection:

[Amended 4-6-1998 by L.L. No. 2-1998; 12-20-1999 by L.L. No. 11-1999]

Street Type	Minimum Right-of-Way Radius (feet)	Minimum Roadway Radius (feet)
Arterial	Varies	Varies
Collector	28	40
Local	16	30
Marginal access	16	30
Cluster	16	30

The radii given are for intersections of 90º, and shorter radii at obtuse angles and greater radii at acute angles may be required. Intersections with arterial streets shall be held to a minimum and preferably spaced at least 1,000 feet apart.

Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 feet between their center lines.

Streetlighting shall be provided at the intersection of subdivision streets with existing arterial or collector streets.

[Amended 4-6-1998 by L.L. No. 2-1998]

Dead-end streets.

Dead-end streets shall not service in excess of 18 residential units and shall be provided with a turnaround at the closed end having a street right-of-way diameter of at least 140 feet and an outside edge of pavement diameter of at least 110 feet. If an island is left in the turnaround, it shall be nearly level to facilitate snow plowing, and there shall be no curbs around the island. The turnaround pavement shall slope to the outside of the circle. The pavement radius at the entrance to the turnaround shall be at least 50 feet. When a street is extended beyond an intersection to make provision for its future extension, a temporary turnaround shall be provided at the end of the street unless no lots are served by the extension. The temporary turnaround shall meet the requirements for a permanent turnaround.

[Amended 4-6-1998 by L.L. No. 2-1998]

Streets servicing more than 18 residential units.

When a street will service in excess of 18 residential units, a second means of access must be provided to the end of the street. Generally, an intersection with a cross street which connects to another street within the subdivision is sufficient.

In the event that these additional roadways will not be constructed at the time the street will serve more than 18 units, an emergency access road shall be provided to ensure a second means of access. This emergency access road shall be designed in such a manner as to support emergency vehicles of 75,000 pounds and shall be maintained by the owner, including snow removal, at his own expense. Failure by the owner to maintain clear access may result in the town drawing upon the owner's bond or letter of credit. Proposed access road designs should be submitted to the town for review and approval with the final submission and prior to final approval. The specific design requirements for this access shall depend upon the existing environmental conditions.

[Amended 2-7-2011 by L.L. No. 5-2011]

Street access. Access to arterial streets shall be restricted as far as practicable.

Street setbacks. Setbacks from existing street shall be in accordance with the Zoning Law.[1]

Editor's Note: See Ch. 208, Zoning.

Fill slopes.

Where streets are constructed on new fill, the side slopes of the fill shall be one vertical to three horizontal or flatter, unless otherwise approved by the Board and Highway Superintendent.

[Amended 4-6-1998 by L.L. No. 2-1998]

Retaining structures may be utilized as approved by the Planning Board to reduce the total horizontal width of the fill slope; however, the above slopes will be maintained above and below said structures.

The total width of the top of the embankment shall be at least 20 feet wider than the width of the pavement, except on local or marginal access streets where the total width shall be 10 feet wider than the width of pavement.

Guide railing.

[Amended 4-6-1998 by L.L. No. 2-1998]

Where streets are constructed on fills of greater than 15 feet in height and one vertical to three horizontal slopes are utilized, guide railing shall be installed along the side of the road eight feet from the edge of the pavement, except on local or marginal access streets where they shall be installed four feet from the edge of pavement.

Guide railing shall also be required when retaining structures are utilized or over drainage culverts as deemed appropriate.[2]

Editor's Note: Former Subsection K, Rural roadway standard, which immediately followed this subsection, was repealed 4-6-1998 by L.L. No. 2-1998.

§ 86-7 Storm drainage.

[Amended 4-6-1998 by L.L. No. 2-1998]

Design standards.

Rainfall-intensity-duration-frequency curves of the United States Weather Bureau for the Albany area shall be used for design purposes. The design of storm sewer systems shall be as follows:

Ten-year storm for marginal access, local and collector streets.

Safe conveyance of a one-hundred-year storm shall also be provided. If peak flow attenuation or stormwater quality facilities are included in a proposed development, the storm drain system shall be designed so that runoff generated along a one-hundred-year storm is routed through these facilities.

Pipe. Required pipe sizes shall be determined by use of the Manning's Formula. Full pipe velocities shall not be less than three feet per second. Full pipe velocities greater than 10 feet per second shall be avoided whenever possible. If such velocities are unavoidable, measures shall be taken to protect pipe from scouring. The minimum size of pipe to be used shall be 12 inches. All pipe shall be installed with a minimum of two feet of cover. Pipe shall be designed for the overburden and live loads it will be subject to. Type and class of pipe and bedding conditions shall be specified. All pipe junctions shall be in manholes or catch basins. All storm drain inlets and outlets shall be provided with riprap aprons to prevent scouring.

Catch basins and manholes. Storm inlets shall be located to intercept runoff before it enters an intersection and at all low points. Catch basins and storm manholes shall be provided with sumps. All sump pump outlet pipes shall be equipped with some form of backflow prevention device or check valve.

Trash racks. Trash racks may be required where the intake of branches or debris to the storm system may clog the line. The design of the trash rack shall be based on conditions and requirements of each particular case as approved by the Highway Superintendent.

Grading. Lots shall be graded so that runoff from roofs, drives and other impervious surfaces flows toward a street, except that such runoff may flow to the rear where a watercourse abuts the rear of a lot or a rear yard storm drainage system exists or is proposed. A grading plan for the entire area to be developed shall be provided and approved by the Highway Superintendent. Such grading plan shall show that grading is designed to prevent ponding and to direct water away from all buildings.

(6)

Basement sump drains, foundation drains and sump pumps.

Basement drains, foundation drains or sump pump outlet pipes shall be provided for all residential lots, unless specifically approved by the Board and Highway Superintendent, and shall be connected directly into storm manholes, catch basins or junction boxes or daylighted to grade. In no instance shall these outlets be tied directly into a storm sewer.

Sump pumps shall only be permitted when it can be shown that no other feasible alternative exists for gravity flow, including adjusting and finished floor elevation, elevation of proposed storm sewer and lot grading, and only with the approval of the Building Department.

Footing drains shall be laid out so that invert elevations are two feet above the seasonal high-water level.

All sump pump outlet pipes shall be equipped with some form of backflow prevention device or check valve.

Stormwater management and erosion and sediment control.

[Amended 12-17-2007 by L.L. No. 15-2007]

Findings of fact. It is hereby determined that:

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;

This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

Substantial economic losses can result from these adverse impacts on the waters of the municipality;

(g)

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized 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 the adverse effects of erosion and sedimentation from development.

Purpose. The purpose of Subsections B, C and D 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 of fact in Subsection B(1) hereof. Subsections B, C and D seek to meet those purposes by achieving the following objectives:

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;

Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised;

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;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

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.

Statutory authority. In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Clifton Park has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Clifton Park and for the protection and enhancement of its physical environment. The Town Board of the Town of Clifton Park 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.

Applicability.

Subsections B, C and D shall be applicable to all land development activities as defined in Subsection C(1).

The Town of Clifton Park 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:

Review the plans;

Upon approval by the Town Board/Planning Board of the Town of Clifton Park, 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

Accept the certification of a licensed professional that the plans conform to the requirements of Subsections B, C and D.

All land development activities subject to review and approval by the Town Board/Planning Board of the Town of Clifton Park under regulations shall be reviewed subject to the standards contained in Subsections B, C and D.

All land development activities not subject to review as stated in Subsection C(4)(c) shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of Subsections B, C and D.

Exemptions. The following activities may be exempt from review under Subsections B, C and D:

Agricultural activity as defined in Subsection C;

Silvicultural activity, except that landing areas and log haul roads are subject to Subsections B, C and D;

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;

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer;

Land development activities for which a building permit has been approved on or before the effective date of Subsections B, C and D;

Cemetery graves;

(g)

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

(h)

Emergency activity immediately necessary to protect life, property or natural resources;

(i)

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, and;

(j)

Landscaping and horticultural activities in connection with an existing structure.

Stormwater control.

[Amended 12-17-2007 by L.L. No. 15-2007]

INDUSTRIAL STORMWATER PERMIT

Definitions. The terms used in Subsections B, C and D or in documents prepared or reviewed under Subsections B, C and D shall have the meaning as set forth in this subsection.

AGRICULTURAL ACTIVITY

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.

APPLICANT

A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING

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.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT

The New York State Department of Environmental Conservation

DESIGN MANUAL

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.

DEVELOPER

A person who undertakes land development activities.

EROSION CONTROL MANUAL

The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

GRADING

Excavation or fill of material, including the resulting conditions thereof. This shall include any soil disturbance that results in unvegetated or erodable material (gravel, silts, clays etc.).

IMPERVIOUS COVER

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.

INFILTRATION

The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND

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."

LAND DEVELOPMENT ACTIVITY

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.

LANDOWNER

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.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION

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.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

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.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Coldwater fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SOIL DISTURBANCE

Any activity that will result in soils to be temporarily or permanently exposed and subject to potential erosion.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-10-001

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.

[Amended 2-7-2011 by L.L. No. 4-2011]

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002

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.

[Amended 2-7-2011 by L.L. No. 4-2011]

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT

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.

STORMWATER MANAGEMENT

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.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER

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. The SMO for the Town of Clifton Park shall be the Director of Building and Development.

STORMWATER MANAGEMENT PRACTICES (SMPs)

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.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

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.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

Stormwater pollution prevention plans.

Stormwater pollution prevention plan requirement. 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 Subsections B, C and D.

Contents of stormwater pollution prevention plans.

All SWPPPs shall provide the following background information and erosion and sediment control:

Background information about the scope of the project, including location, type and size of project;

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 offsite 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 discharges(s);

Description of the soil(s) present at the site;

[d]

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;

[e]

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;

[f]

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;

[g]

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;

[h]

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

[i]

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

[j]

Temporary practices that will be converted to permanent control measures;

[k]

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;

[l]

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

[m]

Name(s) of the receiving water(s);

[n]

Delineation of SWPPP implementation responsibilities for each part of the site;

[o]

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

[p]

Any existing data that describes the stormwater runoff at the site.

Land development activities as defined in Subsection C(1) and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C(2)(b)[3] below as applicable:

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.

Condition B: stormwater runoff from land development activities disturbing five or more acres.

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 at agricultural properties.

SWPPP requirements for Conditions A, B and C:

All information in Subsection C(2)(a);

Description of each postconstruction stormwater management practice;

Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;

[d]

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

[e]

Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

[f]

Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

[g]

Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

[h]

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;

[i]

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection C(4);

[j]

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 Subsections B, C and D.

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.

Contractor certification.

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."

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(s) shall become part of the SWPPP for the land development activity.

[4]

All stormwater management practice installations and maintenance that are a part of the SWPPP shall be certified as built per the requirements of Subsections B, C and D by a NYS licensed professional engineer or other certified professional.

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.

Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of Subsections B, C and D, 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 Subsections B, C and D:

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");

New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual");

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 Subsection C(3)(a) and the SWPPP shall be prepared by a licensed professional.

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.

Maintenance, inspection and repair of stormwater facilities.

Maintenance and inspection during construction.

The applicant or developer of the land development activity or their 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 Subsections B, C and D. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

For land development activities as defined in Subsection C(1) and meeting Condition A, B or C in Subsection C(2)(b)[2], 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.

The applicant shall provide certification that the designated qualified professional conducting the site inspections meets the requirements and intent of the NYS SPDES permit and is fully qualified to perform the required duties under the permit requirements.

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 Clifton Park to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by Subsections B, C and D. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Clifton Park.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with Subsections B, C and D shall ensure they are operated and maintained to achieve the goals of Subsections B, C and D. Proper operation and maintenance also includes, as a minimum, the following:

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 Subsections B, C and D;

Written procedures for operation and maintenance and training new maintenance personnel; and

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection C(3)(c).

Maintenance agreements. The Town of Clifton Park 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 Subsections B, C and D entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Clifton Park, 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 Subsections B, C and D and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Editor's Note: Said schedule is on file in the Town offices.

Severability and effective date.

Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of Subsections B, C and D shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of Subsections B, C and D.

Effective date. Subsections B, C and D shall be effective upon filing with the office of the Secretary of State.

Administration and enforcement.

[Amended 12-17-2007 by L.L. No. 15-2007]

Construction inspection.

Erosion and sediment control inspection.

The Town of Clifton Park Stormwater Management Officer may require such inspections as necessary to determine compliance with Subsections B, C and D and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of Subsections B, C and D and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Clifton Park enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

Installation of sediment and erosion control measures before site clearing which will result in greater than 10,000 square feet of soil disturbance;

Start of construction;

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 stabilization of disturbed areas.

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.

Stormwater management practice inspections. The Town of Clifton Park 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 plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

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 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.

Submission of reports. The Town of Clifton Park Stormwater Management Officer may require monitoring and reporting from entities subject to Subsections B, C and D as are necessary to determine compliance with Subsections B, C and D.

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 Clifton Park the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection D(1)(c).

Performance guarantee.

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 Clifton Park in its approval of the stormwater pollution prevention plan, the Town of Clifton Park 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 Clifton Park as the beneficiary. The security shall be in an amount to be determined by the Town of Clifton Park 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 Clifton Park, 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 Clifton Park. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

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 Clifton Park 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 Clifton Park may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town of Clifton Park may require entities subject to Subsections B, C and D to maintain records demonstrating compliance with Subsections B, C and D.

Enforcement and penalties.

Notice of violation. When the Town of Clifton Park determines that a land development activity is not being carried out in accordance with the requirements of Subsections B, C and D, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

The name and address of the landowner, developer or applicant;

The address, when available, or a description of the building, structure or land upon which the violation is occurring;

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 Subsections B, C and D 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 municipality by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. The Town of Clifton Park may issue a stop-work order for violations of Subsections B, C and D. 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 Clifton Park 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 Subsections B, C and D.

Violations. Any land development activity that is commenced or is conducted contrary to Subsections B, C and D, may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of Subsections B, C and D 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 Subsections B, C and D 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.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of Subsections B, C and D the Stormwater Management Officer may prevent the occupancy of said building or land.

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 Clifton Park may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Fees for services. The Town of Clifton Park may require any person undertaking land development activities regulated by Subsections B, C and D to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Clifton Park or performed by a third party for the Town of Clifton Park.

§ 86-8 Sanitary sewerage.

General. All components of sewage collection and disposal systems shall be designed in accordance with the following standards, whichever is applicable.

Recommended Standards for Sewage Works, adopted by the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers.

Standards for Waste Treatment Works - Municipal Sewage Facilities and Standards for Waste Treatment Works - Institutional and Commercial Sewerage Facilities, published by the New York State Department of Environmental Conservation.

Individual Residential Waste Water Treatment Systems Design Handbook, 1996, published by the New York State Department of Health.

[Amended 4-6-1998 by L.L. No. 2-1998]

Collection system. A collection system consisting of house services and mains designed for the ultimate tributary population shall be provided within the entire subdivision. The requirement for a collection system may be waived by the Planning Board if the proposed subdivision lies in an area not served by existing municipal sewer facilities. The Board may then accept money in escrow to cover the cost of future sewer installation when service does become available.

[Amended 4-6-1998 by L.L. No. 2-1998]

House service. A typical house service shall be shown on the plans.

[Amended 4-6-1998 by L.L. No. 2-1998]

Individual household systems.

[Amended 4-6-1998 by L.L. No. 2-1998]

All individual sanitary disposal systems shall be designed and stamped by a New York State licensed professional engineer and shall be subject to review and approval by the Town Engineer. The design engineer shall inspect construction and certify to the town that the system has been installed in accordance with the approved plans.

Where an existing sanitary collection system is unavailable and where the Board deems it appropriate, individual on-site sanitary disposal may be utilized. Test pits and percolation tests shall be performed, and the results of the tests shall be included on the plans. Designs shall comply with all requirements as set forth in the Individual Residential Wastewater Treatment Systems Design Handbook, 1996, published by the New York State Department of Health.

Percolation rates.

Where percolation rates are greater than 60 minutes and construction of a sanitary sewer system is not feasible, no development shall be allowed, except to the extent provided for below.

Any fill used for the construction of a wastewater disposal system shall be in place and stabilized for a period of up to six months, and evidence of a satisfactory final percolation test shall be submitted prior to the issuance of a building permit.

Any private water companies shall comply with Clifton Park Water Authority standards.

§ 86-9 Water system.

General. All components of the water system shall comply with the Clifton Park Water Authority Standard Specifications and meet the Recommended Standards for Water Works, adopted by the Great Lakes-Upper Mississippi River Board of State Sanitary Engineers (New York State Department of Health Bulletin No. 42), latest edition, including all addenda thereto. Waterlines, valves and hydrants shall, in addition, meet the Recommended Water System Design Standards of the Insurance Services Office of New York. The design shall provide that additions to the system can be constructed without interrupting normal service or decreasing fire flows. All components shall be designed to provide present and future service as required by the Master Plan and any water system plan adopted by the Town of Clifton Park. Subdivision water systems shall be connected to the town system if feasible.

[Amended 4-6-1998 by L.L. No. 2-1998]

Water supply.

A source for public water supply shall be developed and tested in accordance with Clifton Park Water Authority standards and all New York State Department of Environmental Conservation and Department of Health standards. Testing shall be adequate in nature and extent to document that the water source can provide the quantity of water required for the service area proposed. In addition, interference with existing residential wells shall be examined to document that the proposed new water supply sources will not impact neighboring residential wells.

[Amended 4-6-1998 by L.L. No. 2-1998]

A private water supply well to serve an individual lot shall be developed and tested in accordance with Rural Water Supply, by New York State Department of Health, and all New York State Department of Environmental Conservation and New York State Department of Health standards. The well shall be tested for yield and drawdown for at least four hours duration and a minimum sustained well yield of five gallons per minute shall be obtained. The testing shall also document minimal interference with existing residential wells in the area.

In certain extreme circumstances where five gallons per minute cannot be obtained, well interference is evident or the area is known or suspected of having low yielding wells, all proposed water supply systems shall be designed by a licensed professional engineer and the required testing shall follow the following guidelines:

For a single-family home on an individual lot or a residential subdivision of four lots or fewer, a four-hour pumping test shall be run by a certified National Water Well Association well driller or supervised by a licensed engineer or qualified hydrogeologist. Said test shall yield a minimum of two gallons per minute to demonstrate a minimally adequate yield. Water quality tests should be submitted in compliance with Part 5, NYSDOH standards.

[Amended 4-6-1998 by L.L. No. 2-1998]

For a residential subdivision of five or more lots using individual wells, the owner shall, prior to final approval of any phase, drill one well for every five lots proposed and have an eight-hour pumping test run under the supervision of a licensed engineer or qualified hydrogeologist to demonstrate a long-term safe aquifer yield capability of at least two gallons per minute (gpm) per well with minimal interference between wells.

For a multifamily home, an eight-hour pumping test shall be performed as stated above and shall yield a minimum of 1 1/2 gpm for each unit proposed to demonstrate an adequate yield (i.e., two family: three gpm; three-family: 4.5 gpm; four-family: six gpm).

For all of the above individual water supplies, if the required yield cannot be demonstrated but a safe minimum yield of one gpm can be demonstrated, then separate storage in the amount of one day's supply of water shall be provided on-site. The volume of water in the well casing shall not be considered as part of the required storage.

Water quality. Water quality tests shall be submitted in compliance with New York State Department of Health, Rural Water Supply Standards.

[Amended 4-6-1998 by L.L. No. 2-1998]

[1]Chlorination. For public water supplies, where required to meet the New York State Public Drinking Water Standards, chlorination equipment shall be provided which will supply a minimum of 8 1/3 pounds of chlorine per million gallons of water supplied. Chlorination of individual private water supplies is necessary only if a bacterial problem is evident.

Editor's Note: Former Subsection D, Hydropneumatic pressure system, was repealed 4-6-1998 by L.L. No. 2-1998. This local law also provided for the redesignation of former Subsections E through I as D through through H, respectively.

Water mains.

Pipe and fittings shall be of approved materials and class. Class of pipe and type of material shall be specified according to ground conditions, external loading using specified bedding and internal pressure as determined by immediate conditions and Town of Clifton Park water system plans. Main sizes shall be as required by the town in accordance with town water system plans with no main less than eight inches in size. Dead-end mains shall be avoided wherever feasible. When permitted, however, a hydrant shall be installed.

In subdivisions where on-site water supply systems will be utilized, a dry water supply system shall be provided within the road right-of-way or utility easement for future use when service becomes available.

Valves. Valves shall be American Water Works Association gate valves of a type approved by the town. Valves shall be installed on every branch of an intersection, at every stub provided for future expansion at every hydrant and as required by the New York Fire Insurance Rating Organization, Recommended Water System Design Standards.

[Amended 4-6-1998 by L.L. No. 2-1998]

Hydrants. Hydrants shall be of a type approved by the town and shall be provided at each street intersection and at intermediate points between, as recommended by the New York Fire Insurance Rating Organization, Recommended Water System Design Standards. Generally, hydrant spacing may range from 350 to 600 feet depending on the area served.

Services. Services shall be of approved material with an inside diameter of at least 3/4 inch and shall be equipped with an approved backflow prevention device.

§ 86-10 Trees.

Intent.

The Town of Clifton Park desires to protect its environment and preserve its character and determines that trees are an important natural resource. In order to ensure this intent, the town desires to keep clearing of trees to a minimum. Therefore, the only trees that can be removed from a construction site are those necessary for approved construction to be completed. In addition, the town wishes to preserve those trees determined to be of historical significance. Trees so designated to be preserved must be marked and protected to avoid injury during construction.

If the ground level of the property is altered causing additional filling, tree wells or other landscaping techniques shall be employed to ensure the protection of the trees.

The applicant shall be required to plant two new trees per living unit on the street side of new construction sites. This may be waived if the site is wooded.

Specifications.

Trees shall be balled and burlapped and shall not be less than three inches in caliper, measured six inches above the ball. They must be well branched. Transplanted trees meeting these specifications may be substituted. Trees must be guaranteed for a period of not less than one year from the time of planting.

Trees should not be planted between June 1 and September 1 unless regular watering and maintenance can be guaranteed.

Trees shall be planted in accordance with accepted planting procedures, staked and watered.

Preference shall be given to planting deciduous trees which will develop into street shade trees and which do not obstruct the view of traffic. Trees should be selected from the list of recommended trees for roadside planting that are disease and pollution resistant. A list of these trees is in the publication entitled: "Town of Clifton Park Community Tree Program."