It is the purpose of this chapter to protect public health,
safety and welfare in the Town of Perinton by regulating site preparation
and construction activities, including excavation, filling, grading
and stripping, so as to prevent problems related to erosion, silt,
sediment, drainage, and flooding. The objective of this chapter is
to prevent the adverse effects of site preparation, construction and
development and thereby:
A. Protect the quality of the natural environment from pollution of
water areas and watercourses; unnecessary destruction of trees and
other vegetation; excessive exposure of soil to erosion; unnecessary
modification of natural topography or unique geological features;
and failure to restore sites to an attractive natural condition.
B. Protect people and properties from increased runoff, erosion and
sediment; increased threat to life and property from flooding or stormwater;
increased slope instability and hazards from landslides; and modifications
to the groundwater adversely affecting water wells and surface water
levels.
C. Protect the Town and other governmental bodies from undertaking programs,
at public expense, of repairing roads and other public facilities
damaged by erosion or runoff; providing flood protection facilities;
stabilizing slopes; and dredging, cleaning or widening watercourses.
D. Ensure that site preparation, construction and development of any
parcel of land is consistent with and in sequence with a planned program
for erosion and sediment control.
In accordance with Article 9 of the Town Law of the State of
New York, the Perinton Town Board has the authority to enact laws
for the purpose of promoting the health, safety or general welfare
of the Town of Perinton, including the protection and preservation
of the property of its inhabitants. By the same authority, the Perinton
Town Board may include in any such law provisions for the appointment
of any municipal officers or employees to effectuate and administer
such law.
This chapter is broken into three main sections: Construction stormwater pollution prevention and erosion and sediment control (§
119-6); Design and management of postconstruction stormwater pollution prevention measures (§
119-7); and Illicit discharges and connections to storm sewer (§
119-8).
The following definitions shall apply to this chapter:
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity which removes the vegetative surface cover.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to SPDES construction permits. Currently,
these include construction projects resulting in land disturbance
of one acre or more. Such activities include, but are not limited
to, clearing and grubbing, grading, excavating and demolition.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) directed by the Town of Perinton to conduct
site inspections and/or perform other municipal duties.
DISCHARGER
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
EARTHWORK
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this section.
FINAL STABILIZATION
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in §
119-6D(3) of this chapter and any stormwater discharges to the sanitary sewer except as permitted by the Town of Perinton.
ILLICIT CONNECTIONS
An illicit connection is defined as one of the following:
A.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge including sewage, process wastewater and wash water to enter
the storm drain system and any connection to the storm drain system
from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted or approved by a
government agency;
B.
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps or equivalent records and approved by the Town of Perinton;
or
C.
Any stormwater discharge to a sanitary sewer unless approved
by the Town of Perinton.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL ACTIVITY
Activities subject to SPDES industrial permits as defined
in 40 CFR § 122.26(b)(14).
INDUSTRIAL WASTES
Any liquid, gaseous or solid substance or a combination thereof
which is an undesired byproduct waste resulting from any process of
industry, manufacturing, trade or business or from the development
or recovery of any natural resources, except garbage.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
LAND DISTURBANCE ACTIVITY
A construction activity or land disturbance activity including
clearing, grading, excavating, soil disturbance or placement of fill.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LETTER OF CREDIT
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
NEW YORK STATE STORMWATER MANAGEMENT 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.
OFF-SITE FACILITY
A stormwater management measure located outside the subject
property boundary.
PERFORMANCE BOND
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordinances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
PRIVATE SEWAGE DISPOSAL SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
SANITARY SEWER
A sewer which transports sewage and to which storm, surface
and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such ground, surface and stormwater as may be inadvertently present.
The admixture of sewage with industrial wastes as defined above or
other wastes also shall be considered "sewage" within the meaning
of this definition.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE PLAN APPROVAL
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
SPECIAL CONDITIONS
A.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under their municipal separate storm sewer
(MS4) permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the Town of Perinton must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
B.
303(d)-listed waters: the condition in the Town of Perinton's
MS4 permit that applies where the Town of Perinton discharges to a
303(d)-listed water. Under this condition, the stormwater management
program must ensure no increase of the listed pollutant of concern
to the 303(d)-listed water.
C.
Total maximum daily load (TMDL) strategy: the condition in the
Town of Perinton MS4 permit where a TMDL including requirements for
control of stormwater discharges has been approved by the EPA for
a water body or watershed into which the Town of Perinton discharges.
If the discharge from the Town of Perinton did not meet the TMDL stormwater
allocation prior to September 10, 2003, the Town of Perinton was required
to modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
D.
The condition in the Town of Perinton's MS4 permit that
applies if a TMDL is approved in the future by the EPA for any water
body or watershed into which the Town of Perinton discharges. Under
this condition, the Town of Perinton must review the applicable TMDL
to see if it includes requirements for control of stormwater discharges.
If the Town of Perinton is not meeting the TMDL stormwater allocations,
the Town of Perinton must, within six months of the TMDL's approval,
modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbance activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (e.g., ditches) reservoirs and other
drainage structures.
STORMWATER
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
STORMWATER RUNOFF
The 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 were
neither originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
STORMWATER TREATMENT PRACTICES
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act. 303(d)-listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATERS OF THE UNITED STATES
Surface watercourse and water bodies as defined at 40 CFR
§ 122.2, including all natural waterways and definite channels
and depressions in the earth that may carry water, even though such
waterways may only carry water during rains and storms and may not
carry stormwater at and during all times and seasons.
WATER QUALITY STANDARD VIOLATION
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
WATERCOURSE
Waters of the United States as defined at 40 CFR § 122.2.
WATERWAY
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
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."
Applications submitted under the provisions of §§
119-6,
119-7 and
119-8 shall be accompanied by the appropriate fee, as approved by the Town Board.
No developmental work on the site may commence until the following
is satisfied:
A. The sequence of site preparation has been followed and the phase
permitting development has been reached.
B. A certificate of compliance has been issued verifying that the work
and sequence has been performed in accordance with the approved sediment
control plan and in conformity with this chapter.
Any person found guilty of a violation of the provisions of this chapter shall be punishable pursuant to Chapter
115, Enforcement Procedures.
All existing obstructions, dams, diversions, deposits of debris,
including vegetation, soil or other solid material, as well as erosion,
or other diversions that impact the natural flow of water or the intensity
or quantity of flow through, across or to any stream, ditch, culvert,
watercourse or other drainage system which will, in the opinion of
the Commissioner of Public Works, constitute an undue burden upon
the drainage system must be removed or corrected within 30 days after
written notice from the Commissioner of Public Works. The Commissioner
of Public Works will render an opinion based on a present or future
(as reasonably foreseeable) hazard to the safety and general welfare
of the residents of the Town, the environment or any property. In
the case of wild growth of natural vegetation or brush, the Commissioner
of Public Works will evaluate and render an opinion as to whether
the obstruction may cause flooding, inundation or diversion of water
upon other premises or properties. Work associated with the removal
or correction of an existing watercourse condition must be completed
in a manner that will not cause a violation of NYSDEC water quality
standards. Compliance with this section does not relieve the applicant
of the obligation and responsibility to obtain permit coverage from
either the NYSDEC or USACOE, if necessary for work within a bed or
bank of a stream or watercourse.