[HISTORY: Adopted by the Board of Trustees
of the Village of South Glens Falls 7-5-2007 by L.L. No. 7-2007.
Amendments noted where applicable.]
A.
Findings of fact. It is hereby determined by the Board
of Trustees of the Village of South Glens Falls that for the purpose
of promoting health, safety and general environmental welfare (inclusive
of protecting the highest quality potable water resource) of the municipality,
and in order to secure an orderly plan for the management of stormwater
and the containment or prevention of soil erosion and sedimentation,
and in order to make present and future plans, structures and devices
for stormwater management, it remains the interest of the municipality
to enact stormwater control regulations, and by these present findings
of fact and support thereof are constituted of the following:
(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)
The Environmental Protection Agency has found that
polluted stormwater runoff is a primary cause of impairment to almost
40% of surveyed bodies of water that do not meet water quality standards.
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 stream-bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow;
(6)
Polluted surface waters may directly influence groundwater,
thereby increasing the costs of downstream treatments for groundwater
in addition to surface water users. 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 while increasing downstream quality of water.
(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.
Purpose. 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 municipality and to address the findings of fact in § 125-1 hereof. The provisions within endeavor to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
(2)
Require land 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;
(3)
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and stream-bank erosion and maintain the integrity
of stream channels;
(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.
C.
Statutory authority. In accordance with § 10
of the Municipal Home Rule Law of the State of New York, the Board
of Trustees has the authority to enact local laws and amend local
laws of the South Glens Falls Code, and for the purpose of promoting
the health, safety or general welfare of the municipality and for
the protection and enhancement of its physical environment. The Board
of Trustees may include in any such chapter provisions for the appointment
of any municipal officer, employees, or independent contractor to
effectuate, administer and enforce such chapter.
D.
Applicability.
(1)
This chapter shall be applicable to all land development activities as defined in this chapter, § 125-2B.
(2)
The municipality shall designate a Stormwater Management
Officer (SMO), who shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable municipal
board. The Stormwater Management Officer may:
(a)
Review the plans;
(b)
Upon approval from the Planning Board of the
Village of South Glens Falls, engage the services of a professional
engineer (licensed or registered to practice within the jurisdiction
of the State of New York) to review the plans, specifications and
related documents at a cost not to exceed a fee schedule established
by said governing board; or
(c)
Accept the certification of a professional engineer
(licensed or registered to practice within the jurisdiction of the
State of New York) or provided by a certified professional in stormwater
management control that the plans conform to the requirements of this
chapter.
(3)
All land development activities subject to review
and approval by the Planning Board of the Village of South Glens Falls
and as may be presented seeking approval for a subdivision, site plan,
and/or special permit as may be required by any chapter or provision
of the South Glens Falls Code or as may be required by the New York
State Building Code and applicable regulations shall be reviewed subject
to the standards contained in this chapter.
(4)
All land development activities subject to review
as stated in this chapter shall be required to submit a stormwater
pollution prevention plan (SWPPP). The Stormwater Management Officer,
who shall accept same, shall assure that the submitted SWPPP complies
with the requirements of this chapter and all approvals and specifications
that may have been imposed by the Planning Board.
E.
Exemptions. The following activities may be exempt
from review under this chapter:
(1)
Agricultural activity as defined in this chapter.
(2)
Silvicultural activity.
(3)
Parking and loading areas designed for less than five
cars and areas improved by less than 2,000 square feet of impervious
cover.
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
(5)
Any lot line adjustments; the merging of parcels where
the combined area ultimately merged is less than one acre.
(6)
Land development activities disturbing less than 10,000
square feet 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.
(12)
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.
A.
Chapter 153 and Chapter 119 of the South Glens Falls Code are to be read and applied in conjunction with this chapter, and wherever this chapter shall be construed as inconsistent with or contrary to any other provision of South Glens Falls Code, it is the intent hereby that this chapter shall constitute the prevailing and applicable requirement.
B.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CERTIFIED/PROFESSIONAL
CHANNEL
CLEARING
CONTRACTOR
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS SURFACE
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
(1)
(2)
(3)
LANDOWNER
MAINTENANCE AGREEMENT
MUNICIPAL
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROFESSIONAL ENGINEER
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER (SMO)
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
WATERCOURSE
WATERWAY
Definitions. The terms used in this chapter or in
documents prepared or reviewed under this chapter shall have the meaning
as set forth in this subsection:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A person who is licensed by the State of New York Department
of Education as a professional engineer, or a person who is not necessarily
an engineer, but is certified, licensed or authorized by any accredited
degree-granting institution or by any license issued by the State
of New York qualifying such person as an expert in stormwater management
and/or the design of stormwater management control devices.
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.
Any person or corporation or business entity that holds itself
out to the public in the practice, art or endeavor of site development
and/or building or facilities construction, restoration, repair or
refurbishment.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater 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 that have been compacted or covered by improvements
and structures that cannot effectively infiltrate rainfall, snow melt
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.
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 (MAJOR)Clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre. Major land development activity shall also include, in all cases, the creation of impervious cover for nonresidential use exceeding 2,000 square feet. Major land development activity shall also include any parking lots designed for five or more cars, whether the parking area is considered impervious or permeable, and the same shall apply whether the parking shall be intended for commercial or residential uses.
LAND DEVELOPMENT ACTIVITY (MINOR)Clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of less than one acre and more than 10,000 square feet.
A finding as to whether any project shall constitute
a major land development activity or a minor land development activity
shall be determined by the SMO giving consideration to cumulative
impacts in that wherever disturbance may involve less than one acre
on one parcel or an individually owned site which also involves additional
land development activity on adjacent or contiguous sites or parcels,
all total land development activities shall be cumulatively considered
as constituting part of a larger common plan of development or land
disturbance. In such cases, the cumulative impacts shall require that
the land development activities be deemed major. All multiple parts
of a common plan of development or land disturbance considered cumulatively
and determined as a major land development activity shall require
a comprehensively designed SWPPP.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Intending to refer to the Village of South Glens Falls, a
municipal corporation duly organized and existing by virtue of the
laws of the State of New York, and including all references to the
same as "municipality."
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.
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.
A person licensed, registered or authorized by the State
of New York to practice the art and science, and to provide counsel
with respect to issues, of engineering, including matters as they
may pertain to the development and implementation of plans, methods
and procedures with respect to stormwater management design.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A Permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
A 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.
C.
Stormwater pollution prevention plans.
(1)
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 this chapter.
(2)
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s); site
map should be at a scale no smaller than one inch equals 20 feet (e.g.,
one inch equals 100 feet is smaller than one inch equals 20 feet);
(c)
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.
(3)
Land development activities as defined in this chapter and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C(4)(a) through (i) below as applicable:
(a)
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.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
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.
(4)
SWPPP Requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater
management practice;
(c)
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 this chapter.
(5)
Plan certification. The SWPPP shall be prepared by
a New York certified 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.
(6)
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.
D.
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.
E.
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:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual");
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
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 during construction.
(1)
The applicant or developer of the land development
activity 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)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer and also copied to
the site logbook.
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners
served by the stormwater management facility. The easement shall provide
for access to the facility at reasonable times for periodic inspection
by the municipality to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the Saratoga County Clerk after approval
by the counsel for the municipality.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall be 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.
(3)
Discharges from the SMPs shall not exceed design criteria
or cause or contribute to water quality standard violations in accordance
with this chapter.
D.
Maintenance agreements. The Stormwater Management Officer of the Village of South Glens Falls shall accept a formal maintenance agreement for stormwater management facilities in conformity with all requirements that may have been imposed by the Planning Board and specified in this chapter. The formal maintenance agreement shall be binding on all subsequent landowners and recorded in the office of the Saratoga County Clerk (at the owner/developer's expense) and the same shall constitute a deed restriction on the property prior to the issuance of any certificate of occupancy or similar documentation constituting final maintenance plan approval. Within the maintenance agreement, there shall be a stormwater maintenance easement granted to the municipality in conformity with the terms and conditions of Schedule A of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The municipality, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication by Village Board action
of any existing or future stormwater management facility and, upon
such terms and conditions as may be acceptable to the municipality,
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.
The agreement between the municipality and the owner/developer shall
provide for a surety, bond or escrowed fund on deposit with the Village
Clerk/Treasurer to assure maintenance expenditures are adequately
paid for, or in the absence thereof, this chapter provides the authority
that the municipality shall be entitled to enforce the provisions
of maintenance agreement upon all current landowners, including the
right to recover all sums expended for maintenance and enforcement
of the agreement. The failure of the landowners to voluntarily reimburse
the municipality for the reasonable expenditures for maintenance and
enforcement shall entitle the municipality to recoup such expenditures
by additional assessment upon the real property tax bill of the subject
parcel(s), with penalties and interest, and collect same as a tax
levy.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A.
The applicant or developer of a subdivision of land
shall, in conformity with this chapter, design and present a plan
for subdivision in accordance with the specifications herein.
B.
A preliminary subdivision plat shall be prepared by
a New York licensed land surveyor depicting the land parcel(s) to
be subdivided, demonstrating by metes and bounds descriptions, lot
numbers, road locations, projected dwelling or building locations,
driveways and structural appurtenances, and all elements of proposed
development. Such presentation shall be made upon application to the
Planning Board and include a stormwater pollution prevention plan
(SWPPP) consistent with the requirements of this chapter. The SWPPP
shall meet the performance and design criteria and standards of this
chapter unless a variance shall be granted from any such requirement
by the Zoning Board of Appeals.
C.
A final subdivision plat shall be prepared by a New
York licensed land surveyor in accordance with the directions, mandates
and requirements of the Planning Board's approval of the preliminary
subdivision plat depicting the land parcel(s) to be subdivided, demonstrating
by metes and bounds descriptions, lot numbers, road locations, projected
dwelling or building locations, driveways and structural appurtenances,
and all elements of proposed development. Such presentation shall
be made upon application to the Planning Board and include a final
stormwater pollution prevention plan (SWPPP) consistent with the requirements
of this chapter. The final SWPPP shall meet the performance and design
criteria and standards of this chapter unless a variance shall be
granted from any such requirement by the Zoning Board of Appeals.
D.
With respect to the terms, specifications, definitions
and procedures pertaining to the subdivision of land within the municipality,
the Planning Board shall administer review of the subdivision of land
into two or more parcels and shall, in accordance with Village Law
of the State of New York § 7-728, publish notice, waive
or hold such public hearings as may be appropriate or mandated by
law for the purpose of reviewing and denying, approving or approving
with conditions subdivision development within the municipality. The
determination of whether the subdivision shall require major subdivision
review procedures or minor subdivision review procedures shall be
as specified in the Zoning Code and/or subdivision regulations of
the municipality.
E.
Application of Chapter 73, Flood Damage Prevention. Chapter 73 of the Village of South Glens Falls Code entitled "Flood Damage Prevention" shall be read and applied as a coordinated provision of the South Glens Falls Code. Wherever this chapter and the language of Chapter 73 may be construed in conflict, it is the intent of Chapter 125 that it shall prevail.
A.
Construction inspection, performance guarantees and
bonds, and enforcement are important aspects of the stormwater control
requirements of this chapter, and in furtherance thereof, administration
and enforcement provisions are as follows:
(1)
Progress inspections during development. The municipality,
by its Stormwater Management Officer, may require such inspections
as necessary to determine compliance with this chapter and may either
approve that portion of the work completed or notify the applicant
wherein the work fails to comply with the requirements of this chapter
and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, it shall be the obligation of the applicant
to notify the municipal Stormwater Management Officer at least 48
hours before any of the following as required by the Stormwater Management
Officer. Inspections shall occur as follows:
(a)
Start of construction;
(b)
Installation of sediment and erosion control
measures;
(c)
Completion of site clearing;
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season;
(g)
Completion of final landscaping;
(h)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted except
for site stabilization until any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.
Stormwater management practice inspections. The municipal
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 as-built plan shall
be filed with the Stormwater Management Officer, who shall maintain
a file on such matters. The as-built plan must show the final design
specifications for all stormwater management facilities and must be
certified by a New York licensed professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies 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.
D.
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
Right-of-entry for inspection. When any new stormwater
management facility is installed on private property or when any new
connection is made between private property and the public stormwater
system, the landowner shall grant to the municipality and its agents
the right to enter the property at reasonable times and in a reasonable
manner for the purposes of inspection.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth pursuant to this
chapter, the Planning Board 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.
The security shall be in an amount to be determined by the Planning
Board 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 municipality, 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 Stormwater Management Officer in conformity with plans approved
by the Planning Board. In the event that the applicant/developer and
the Stormwater Management Officer shall be in disagreement with respect
to the conformity of the plans and the as-built project, the Planning
Board shall have the final determination with respect to compliance.
No per-annum interest on cash escrow deposits shall be paid by the
municipality.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the municipality 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 municipality may
draw upon the account fund and expense same to cover the costs of
proper operation and maintenance, including engineering and inspection
costs. In the event that any fund, bond, surety or financial guarantee
of the developer or the owner/manager of the facility shall be determined
to be inadequate, nonexistent, insufficient or deficient to cover
the reasonable costs of maintenance and compliance, in such instance,
the municipality shall be empowered to expend those sums that may
be necessary to bring the subject premises into compliance with this
chapter and charge the subject premises by special assessment with
the actual costs of maintenance and enforcement of the provisions
of this chapter, with penalties and interest, and levy and collect
same on the municipal tax bill.
C.
Recordkeeping. The municipality may require entities
subject to this chapter to maintain records demonstrating compliance
with this chapter.
A.
Notice of violation. When the municipality determines
that a land development activity is not being carried out in accordance
with the requirements of this chapter, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or
applicant;
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to
bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed;
(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.
B.
Stop-work orders. The municipality 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 municipality
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
addition to injunctive or equitable relief, the municipality shall
be entitled to recover its actual attorney's fees and the costs and
disbursements of any action as against the violator.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine 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 unclassified misdemeanors. Each week's
continued violation shall constitute a separate additional violation.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter the Stormwater Management Officer may prevent the
occupancy of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the municipality
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The municipality may require any person undertaking
land development activities regulated by this chapter to pay reasonable
and actual costs reimbursing the municipality for any experts or consultants
hired by the municipality for the review of SWPPPs, inspections, or
SMP maintenance performed.
A.
Severability. Should any provision of this chapter
be determined invalid by a court of competent jurisdiction, such order
or judgment shall not affect or invalidate the remainder of any other
portion of this chapter.
B.
Effective date. This chapter shall become effective
in accordance with the provisions of law.
