This Article
I of this Chapter
196 shall be known as and may be cited as the "Construction Stormwater Pollution Prevention and Erosion and Sediment Control Law of the Town of Irondequoit of 2007."
As used in this article, the following terms
shall have the meanings indicated:
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.
CLEARING
Any activity which removes the vegetative surface cover.
DESIGNATED AGENT
Individual(s) directed by the Town of Irondequoit to conduct
site inspections and/or perform other municipal duties.
EARTHWORK
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
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.
LAND DISTURBANCE ACTIVITY
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land disturbance activities may take place at different times on different
schedules.
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).
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.
PHASING
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
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.
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.
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.
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 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 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.
This chapter shall be applicable to all land disturbance activities that will disturb land equal to or greater than one acre unless exempted under §
196-8C. This article also applies to land disturbance activities that are less than one acre of disturbance if such activities are part of a larger common plan of development or sale that will disturb land equal to or greater than one acre, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with Article 196 of the Stormwater
Law of the State of New York, the Irondequoit Town Board has the authority
to enact laws for the purpose of promoting the health, safety, or
general welfare of the Town of Irondequoit, including the protection
and preservation of the property of its inhabitants. By the same authority,
the Irondequoit Town Board may include in any such law provisions
for the appointment of any municipal employees to effectuate and administer
such law.
The Town of Irondequoit may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town of Irondequoit prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of a performance bond, cash escrow or irrevocable letter of credit from an appropriate financial or surety institution which names the Town of Irondequoit as sole beneficiary. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §
196-12. At its discretion, the Town of Irondequoit may allow for a partial release of the financial guarantee based on the completion of various development stages.
The provisions and sections of this chapter
and article shall be deemed to be separable, and if the provisions
of any article, section, subsection, paragraph, subdivision or clause
of this chapter or article shall be judged invalid by a court of competent
jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any article, section, subsection, paragraph, subdivision
or clause of this chapter.
The applicant shall pay to the Town of Irondequoit at the time it submits its application a one-time fee to be established from time to time by the Town Board to cover administrative costs associated with the review and consideration of SWPPPs, SMPs and permits issued pursuant to §
196-8D. In addition to the foregoing fee:
A. The applicant shall reimburse the Town of Irondequoit
for all reasonable and necessary engineering, administrative and legal
expenses incurred by the Town in connection with the review, inspection
and consideration of a stormwater application, regardless of whether
such application is approved or denied in whole or in part.
B. Simultaneous with the filing of an application and
prior to the commencement of any construction or site work activities,
the applicant shall deposit with the Town Supervisor a sum of money
determined by the Town Board to cover the costs to be incurred by
the Town for engineering, inspection and legal expenses. Such deposit
shall be held in a separate, non-interest-bearing account in the name
of the Town, and the Town Supervisor shall keep a separate record
of all such moneys deposited, on whose behalf the moneys were deposited,
and the project for which the sums were deposited.
C. Upon receipt and approval by the Town Board of itemized
vouchers from an engineer and/or attorney for services rendered on
behalf of the Town pertaining to the application, construction or
site work activities, the Town Supervisor shall cause such vouchers
to be paid out of the moneys so deposited and shall furnish copies
of such vouchers to the applicant at the same time such vouchers are
submitted to the Town.
D. The Town Board shall review and audit all such vouchers
and shall approve payment of only such engineering and legal fees
which the Town Board determined to have been reasonable and necessarily
incurred by the Town in connection with the review, consideration
and approval of any application. For purposes of the foregoing, a
fee or part thereof is reasonable in amount if it bears a reasonable
relationship to the average charge by engineers or attorneys to the
Town for services performed in connection with the approval or construction
of a similar development. In this regard, the Town Board may take
into consideration, among other things, the size, type and number
of facilities and of the construction and/or site work activities
to be performed; the topography of the land on which such construction
and/or site work activities are to be conducted and/or facilities
to be located; soil conditions; surface water drainage conditions;
the nature and extent of facilities to be constructed; and any special
conditions or considerations that the Town Board may deem relevant.
A fee or part thereof is necessarily incurred if it was charged by
the engineer or attorney for a service which was rendered in order
to protect the health, safety or other vital interests of the residents
of the Town or to protect public or private property from damage and
other factors, to assure the proper and timely implementation of the
purposes and provisions of this article, to protect the legal interests
of the Town, including, but not limited to, the avoidance of claims
and liability, and such other interests as the Town Board may deem
relevant.
E. If at any time during or after the processing of such
application or during or after construction or site work activities
there shall be insufficient moneys on hand to the credit of the applicant
to pay the approved vouchers in full, or if it shall reasonably appear
to the Town Supervisor that such moneys will be insufficient to meet
vouchers yet to be submitted, the Town Supervisor shall cause the
applicant to deposit additional sums as the Supervisor deems necessary
or advisable to meet such expenses or anticipated expenses.
F. In the event that the applicant fails to deposit such
funds or such additional funds, the Town Supervisor shall notify any
and all applicable Town officers and boards of such failure, and any
review, approval, permit or certificate may be withheld by such appropriate
officer and/or board until such moneys are deposited.
G. The issuance of any final approval, permit or certificate
of occupancy shall not occur unless and until all fees incurred by
the Town have been paid in full. Any amounts remaining on account
to the credit of the applicant after such final approval, permit or
certificate shall be returned to such applicant.