[Added 12-19-2007 by L.L. No. 6-2007]
A. Findings. It is hereby determined that:
(1) Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
(2) This stormwater runoff contributes to increased quantities
of waterborne pollutants, including, siltation of aquatic habitat
for fish and other desirable species;
(3) Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4) Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
(5) Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(6) Substantial economic losses can result from these
adverse impacts on the waters of the Town;
(7) Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(8) The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety; and
(9) Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
B. Purpose. The purpose of this article 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
A. This article seeks to meet those purposes by achieving the following objectives:
(1) Meet the requirements of minimum measures 4 and 5
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (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 New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, Permit No. 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 streambank erosion and maintain the integrity
of stream channels;
(4) Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5) Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6) Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
A. Applicability. This article shall be applicable to
all land development activities within the Town.
B. Exemptions. The following activities shall be exempt
from review under this article:
(2) Silvicultural activity, except that landing areas
and log haul roads are subject to this article;
(3) Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility;
(4) Repairs to any stormwater management practice or facility
deemed necessary by the SMO;
(5) Land development activities for which a building permit
has been approved on or before the effective date of this article;
(7) Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
(8) Emergency activity immediately necessary to protect
life, property or natural resources;
(9) Activities of an individual engaging in home gardening
by growing flowers, vegetables or other plants primarily for use by
that person and his or her family; and
(10)
Landscaping and horticultural activities in
connection with an existing structure.
C. Conflict. Where the conditions imposed by any provisions
of this article are either more restrictive or less restrictive than
comparable conditions imposed by any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall
govern.
A. The Town shall designate an SMO who shall accept and
review all SWPPPs. The SMO may:
(2) Upon approval by the Town Board, engage the services
of a New York State licensed professional engineer to review the SWPPPs,
specifications and related documents at a cost not to exceed a fee
schedule established by the Town Board; or
(3) Accept the certification of a licensed professional
that the SWPPPs conform to the requirements of this article.
B. For all land development activities subject to review
and approval by the Building Inspector, Minor Subdivision Review Committee,
Planning Board, or Town Board of the Town under subdivision or site
plan regulations, the applicant or developer shall be required to
submit a SWPPP that complies with the requirements of this article
to the SMO, and the land development activity shall be reviewed subject
to the standards contained in this article.
(1) Initial review by SMO. Within 45 days of receipt of
a SWPPP, the SMO shall forward the SWPPP, together with his or her
written recommendation to approve, approve with modifications, or
disapprove the SWPPP, to such employee, officer, committee or board
of the Town which is reviewing an application for approval of a land
development activity requiring submission of a SWPPP. A recommendation
of approval shall only be given if the SWPPP complies with the requirements
of this article. In making a recommendation to approve with modifications
or disapprove the SWPPP, the SMO shall state the reasons for the decision
in writing.
(2) Review by final reviewing body. The employee, officer,
committee or board of the Town reviewing the application for approval
of a land development activity shall review the SWPPP and recommendation
of the SMO and shall act to approve, approve with modifications, or
disapprove the SWPPP. Such reviewing body shall not act to approve
the SWPPP unless it complies with the requirements of this article.
If the reviewing body acts to approve with modifications or disapprove
the SWPPP, the reasons for the decision shall be stated in writing.
In order to be approved, the applicant shall revise a SWPPP that has
been approved with modifications or disapproved in accordance with
the recommendations of the reviewing body and shall submit the revised
SWPPP to such body for review.
C. For all land development activities not subject to review as provided in §
200-62B of this article, the applicant or developer shall be required to submit a SWPPP that complies with the standards contained in this article to the SMO. Within 45 days of receipt of a SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP. Approval shall only be given if the SWPPP complies with the requirements of this article. In approving with modifications or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.
A. Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed and no land development activity shall be commenced until
the SMO or such officer, employee, committee or board of the Town
reviewing an application for approval of a land development activity
requiring submission of a SWPPP has received a SWPPP that complies
with the specifications in this article.
B. Contents of stormwater pollution prevention plans.
(1) All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including the location, type and size of the project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. The site map should be at a scale
of no smaller than one inch to 100 feet. 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 land development activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharges(s);
(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 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.
(2) Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in §
200-63B(3) of this article as applicable:
(a)
Condition A: stormwater runoff from land development
activity 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
activity 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.
(3) SWPPP requirements for Conditions A, B or C (postconstruction
stormwater runoff controls):
(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 §
200-65 of this article; and
(4) The SWPPP shall be prepared by a licensed professional
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 article.
C. 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 be included with
and 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 purposes of this article,
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 article:
(2) The Erosion Control Manual.
B. Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards set forth in §
200-64A of this article, the applicant or developer must demonstrate equivalence to such technical standards.
C. Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A. Maintenance and inspection during construction.
(1) The applicant or developer of the land development
activity or 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 this article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2) For land development activities meeting Condition A, B or C in §
200-63B(2) of this article, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B. Maintenance 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 to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Town.
C. Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. 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 article.
(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 §
200-64 of this article.
(4) Maintenance agreements. The Town 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 Appendix A of this chapter entitled "Sample Stormwater Control
Facility Maintenance Agreement." The Town, in lieu of a maintenance agreement, at its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
A. Construction inspection.
(1) Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary
to determine compliance with this article 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 article and the
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following, as required
by the SMO:
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; or
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the SMO.
(2) Stormwater management practice inspections. The SMO
is responsible for conducting inspections of SMPs. All applicants
are required to submit as-built plans for any SMPs located on site
after final construction is completed. The plan must show the final
design specifications for all stormwater management facilities and
must be certified by a professional engineer.
(3) Inspection of stormwater facilities after project
completion. Inspection programs 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.
(4) Submission of reports. The SMO may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
(5) Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in §
200-66A(3) of this article.
B. Performance guarantee.
(1) 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 in
its approval of the SWPPP, the Town may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project
and names the Town as the beneficiary. The security shall be in an
amount to be determined by the Town based on submission of final design
plans, with reference to actual construction and landscaping costs.
The performance guarantee shall remain in force until the surety is
released from liability by the Town, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to Town. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
(2) Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town with an irrevocable letter of
credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3) Recordkeeping. The Town may require entities subject
to this article to maintain records demonstrating compliance with
this article.
C. Enforcement and penalties.
(1) Notice of violation. When the Town determines that
a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action;
(e)
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
(f)
A statement that the determination of violation
may be appealed to the Town by filing a written notice of appeal within
15 days of service of notice of violation.
(2) Stop-work orders. The Town may issue a stop-work order
for violations of this article. 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 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 article.
(3) Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
(4) Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article 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 article 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.
(5) Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the SMO may prevent the occupancy of said building
or land.
(6) Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
D. Fees for services. The Town may require any person
undertaking land development activities regulated by this article
to pay fees, as set by the Town Board from time to time, for review
of SWPPPs, inspections, or SMP maintenance performed by the Town or
performed by a third party for the Town.