[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.]
GENERAL REFERENCES125a Schedule A
Uniform fire prevention and building code — See Ch. 69.
Flood damage prevention — See Ch. 73.
Site plan review — See Ch. 119.
Zoning — See Ch. 153.
§ 125-2 Construal of provisions; definitions; stormwater prevention plans; contractor certification.
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:
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;
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;
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 base flow;
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.
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
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.
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 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:
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 stream-bank 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 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.
This chapter shall be applicable to all land development activities as defined in this chapter, § 125-2B.
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:
Review the plans;
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
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.
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.
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.
Exemptions. The following activities may be exempt from review under this chapter:
Agricultural activity as defined in this chapter.
Parking and loading areas designed for less than five cars and areas improved by less than 2,000 square feet of impervious cover.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
Any lot line adjustments; the merging of parcels where the combined area ultimately merged is less than one acre.
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.
Installation of fence, sign, telephone and electric poles, and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
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.
Landscaping and horticultural activities in connection with an existing structure.
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.
§ 125-2 Construal of provisions; definitions; stormwater prevention plans; contractor certification.
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.
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:
- 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.
- 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.
- 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.
- 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."
- Excavation or fill of material, including the resulting conditions thereof.
- IMPERVIOUS SURFACE
- 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.).
- INDUSTRIAL STORMWATER PERMIT
- 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.
- 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."
- (3) 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.
- MAINTENANCE AGREEMENT
- 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."
- 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.
- 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.
- PROFESSIONAL ENGINEER
- 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.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- 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.
- STOP-WORK ORDER
- An order issued which requires that all construction activity on a site be stopped.
- 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 (SMO)
- 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.
- 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.
- 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.
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 this chapter.
Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:
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 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);
Description of the soil(s) present at the site;
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;
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;
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;
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;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
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;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
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
Any existing data that describes the stormwater runoff at the site.
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:
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:
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;
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
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;
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with this chapter.
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.
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.
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.
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:
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:
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").
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 during construction.
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%.
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.
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.
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:
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.
Written procedures for operation and maintenance and training new maintenance personnel.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.
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." 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.
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.
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.
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.
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.
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.
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:
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:
Start of construction;
Installation of sediment and erosion control measures;
Completion of site clearing;
Completion of rough grading;
Completion of final grading;
Close of the construction season;
Completion of final landscaping;
Successful establishment of landscaping in public 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 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.
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 Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
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.
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.
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.
Recordkeeping. The municipality may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
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:
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;
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;
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
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 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.
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.
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.
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.
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.
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.
Effective date. This chapter shall become effective in accordance with the provisions of law.