[Adopted 12-18-2007 by L.L. No. 7-2007]
A.
Land development projects and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of water-borne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
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 in
the watersheds within the Town of Irondequoit. Therefore, the Town
of Irondequoit establishes this set of water quality and quantity
policies to provide reasonable guidance for the regulation of stormwater
runoff and to, in addition to the above, safeguard persons, protect
property, prevent damage to the environment in the Town of Irondequoit,
and comply with the NYSDEC State Pollutant Discharge Elimination System
(SPDES) general permit for stormwater discharges from municipal separate
storm sewer systems (MS4s), for the purpose of protecting local water
resources from degradation. It is determined that the regulation of
stormwater runoff discharges from land development projects and other
construction 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 prevent threats to public
health and safety.
As used in this article, the following terms
shall have the meanings indicated:
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 stormwater management permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Town of Irondequoit to conduct
site inspections and/or perform other municipal duties.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
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.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
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).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication, which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
A stormwater management measure located outside the subject
property boundary.
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.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. "Redevelopment"
is distinguished from "development" or "new development" in that new
development refers to construction on land where there had not been
previous construction. Redevelopment specifically applies to construction
areas with impervious surface.
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.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A nationally approved program with permits issued in accordance
with the Environmental Conservation Law that authorizes stormwater
discharges from certain construction activities to waters of the United
States.
An order issued which requires that all construction activity
on a site be stopped.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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."
A.
This article shall be applicable to land disturbance activities as defined in § 196-18, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 196-27 as applicable unless eligible for an exemption or granted a waiver by the Town of Irondequoit in accordance with § 196-23:
(1)
Condition A: stormwater runoff from land disturbance
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.
(2)
Condition B: stormwater runoff from land disturbance
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land disturbance
activity disturbing between one acre and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(4)
Condition D: stormwater runoff from land disturbance
activities that are smaller than one acre if such activities are part
of a larger common plan of development, even though multiple separate
and distinct land disturbance activities may take place at different
times on different schedules.
B.
All plans, documents and information required by this
article must be reviewed by the Town of Irondequoit to ensure that
established water quality standards will be maintained during and
after development of the site and that postconstruction runoff levels
are consistent with any local and regional watershed plans.
C.
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 196-18, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Town of Irondequoit. This applies to all redevelopment projects that are greater than or equal to one acre.
D.
The following activities may be exempt from the requirements
of this article:
(1)
Any emergency activity which is immediately necessary
for the protection of life, property or natural resources.
(2)
Agricultural activity as defined in this article.
(3)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(4)
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.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Irondequoit.
A.
This article is not intended to interfere with, abrogate,
or annul any other provision of this chapter, the Code, rule or regulation,
statute, or other provision of law. The requirements of this article
should be considered minimum requirements, and where any provision
of this article imposes restrictions different from those imposed
by this chapter or any other chapter of this Code, rule or regulation,
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health and/or the
environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance
may also require additional compliance measures detailed in other
articles of this chapter, other chapters of the Code and/or regulations.
In accordance with Article 9 of the Town 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.
A.
No person(s) shall receive any of the building, grading
or other land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Town of Irondequoit.
B.
Unless specifically excluded by this article, any
landowner or operator desiring approval or a permit for a land disturbance
activity shall comply with all applicable provisions of this article
and shall submit all required plans, documentation and information
as required under this article to the Town of Irondequoit for review
and approval.
C.
Unless otherwise accepted by this article, the following
items shall be submitted prior to the issuance of a permit or site
plan approval:
E.
The SWPPP and all other documents required by this
article must be reviewed by the Town of Irondequoit to ensure that
established water quality standards will be maintained after development
of the site and that postconstruction runoff levels are consistent
with any local and regional watershed plans. Information shall be
submitted as a single, logical package, with all information bound
together.
A.
All person(s) shall comply with the requirements of
this article, unless a written request is filed to waive the requirements
in part or whole for land disturbance activities that disturb less
than one acre of land. Requests to waive any requirements of this
article shall be submitted to the Town of Irondequoit for approval.
B.
The minimum requirements for stormwater management
may be waived in whole or in part upon written request of the applicant,
provided that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development
is not likely to impair attainment of the objectives of this chapter.
(2)
Alternative minimum requirements for on-site management
of stormwater discharges have been established in a stormwater pollution
prevention plan that has been approved by the Town of Irondequoit,
and the implementation of the plan is required by local law. These
practices are encouraged in order to minimize the reliance on structural
practices. Credit in the form of reductions in the amount of stormwater
that must be managed can be earned through the use of nonstructural
practices that reduce the generation of stormwater from the site.
These nonstructural practices are explained in detail in the manual
Better Site Design: A Handbook for Changing Development Rules in Your
Community. Applicants wishing to obtain credit for use of nonstructural
practices must ensure that these practices are documented and remain
unaltered by subsequent property owners.
(3)
Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place, to be
designed and adequately sized to provide a level of stormwater control
that is equal to or greater than that which would be afforded by on-site
practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
(4)
The Town of Irondequoit finds that meeting the minimum
on-site management requirements is not feasible due to the natural
or existing physical characteristics of a site.
(5)
Nonstructural practices will be used on the site that
reduce a) the generation of stormwater from the site, b) the size
and cost of stormwater storage and c) the pollutants generated at
the site.
C.
In instances where one of the conditions above applies,
the Town of Irondequoit may grant a waiver from strict compliance
with these stormwater management provisions, as long as acceptable
mitigation measures are provided. However, to be eligible for a variance,
the applicant must demonstrate to the satisfaction of the Town of
Irondequoit that the variance will not result in the following impacts
to downstream waterways:
D.
Furthermore, where compliance with minimum requirements
for stormwater management is waived, the applicant will satisfy the
minimum requirements by meeting one of the mitigation measures selected
by the Town of Irondequoit. Mitigation measures may include, but are
not limited to, the following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (see § 196-24B, Dedication or easement of land, below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
(2)
The creation of a stormwater management facility or
other drainage improvements on previously developed properties, public
or private, that currently lack stormwater management facilities designed
and constructed in accordance with the purposes and standards of this
chapter; and
E.
No waivers or mitigation plans will be considered
for land disturbance activity that disturbs one acre or greater of
land.
A.
Fee in lieu of. Where the Town of Irondequoit waives
all or part of the minimum stormwater management requirements, or
where the waiver is based on the provision of adequate stormwater
facilities provided downstream of the proposed development, the applicant
shall be required to pay a fee in an amount as determined by the Town
of Irondequoit. All monetary contributions shall be made to a dedicated
fund for stormwater management activities. The fee structure shall
be based on the cubic feet of storage required for stormwater management
of the development in question. All of the monetary contributions
shall be made by the applicant prior to the issuance of any permit
or approval for the development.
B.
Dedication or easement of land. In lieu of a monetary
contribution, an applicant may obtain a waiver of the required stormwater
management by entering into an agreement with the Town of Irondequoit
for the granting of an easement or the dedication of land by the applicant,
to be used for the construction of an off-site stormwater management
facility. The agreement shall be entered into by the applicant and
the Town of Irondequoit prior to the recording of plats or, if no
record plat is required, prior to the issuance of the permit.
A.
The applicant shall consult the Town of Irondequoit's Design Criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this section (§ 196-25) and § 196-26, and the SWPPP shall be prepared by a licensed/certified professional.
B.
The following design and performance criteria shall
be addressed for stormwater management at all sites:
(1)
All site designs shall establish stormwater management
practices to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development
shall not discharge untreated stormwater directly into a jurisdictional
wetland or local water body without adequate treatment. Where such
discharges are proposed, the impact of the proposal on wetland functional
values shall be assessed using a method acceptable to the Town of
Irondequoit. In no case shall the impact on functional values be any
greater than that allowed by the Army Corps of Engineers (COE) or
the NYSDEC responsible for natural resources.
(3)
An attempt shall be made to maintain annual groundwater
recharge rates by promoting infiltration through the use of structural
and nonstructural methods. At a minimum, an attempt shall be made
for annual recharge from the postdevelopment site to mimic the annual
recharge from predevelopment site conditions.
(4)
In order to protect stream channels from degradation,
a specific channel protection criteria shall be provided as prescribed
in the Town of Irondequoit's Design Criteria and/or the New York State
Stormwater Management Design Manual.
(5)
Stormwater discharges to critical areas with sensitive
resources may be subject to additional performance criteria or may
need to utilize or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities
with higher potential pollutant loadings, known as "hotspots," may
require the use of specific structural stormwater treatment practices
and pollution prevention practices.
(7)
Prior to design, applicants are required to consult
with the Town of Irondequoit to determine if they are subject to additional
stormwater design requirements.
(8)
The calculations for determining peak flows (WQv)
as found in the New York State Stormwater Management Design Manual
shall be used for sizing all stormwater management practices.
A.
SWPPP required; implementation.
(1)
An SWPPP is required as part of the compliance with
this article. This plan must be prepared by a qualified professional
and must indicate whether stormwater will be managed on site or off
site and, if on site, the general location and type of practices and
shall also include sufficient information (e.g., maps, hydrologic
calculations, etc.) to evaluate the environmental characteristics
of the project site, the potential impacts of all proposed development
of the site, both present and future, on the water resources, and
the effectiveness and acceptability of the measures proposed for managing
stormwater generated at the project site. The plan must be signed
by a New York State licensed professional engineer (PE), who will
verify that the design of all stormwater management practices meet
the submittal requirements outlined in the New York State Stormwater
Management Design Manual. No building or grading permit or site plan
approval shall be issued until a satisfactory stormwater pollution
prevention plan, or a waiver thereof, has undergone a review and been
approved by the Town of Irondequoit after determining that the plan
or waiver is consistent with the requirements of this chapter.
(2)
The applicant shall employ a responsible individual, as defined in § 196-18, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town of Irondequoit within five days after the month's end.
B.
All SWPPPs shall provide the following information:
(2)
Description of each postconstruction stormwater management
practice.
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice. The map(s) will also clearly show proposed land use with
tabulation of the percentage of surface area to be adapted to various
uses. A written description of the site plan and justification of
proposed changes in natural conditions may also be required.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms, including calculations such as a description of the
design storm frequency, intensity and duration; time of concentration;
soil curve numbers or runoff coefficients; peak runoff rates and total
runoff volumes for each watershed area; infiltration rates, where
applicable; culvert capacities; flow velocities; data on the increase
in rate and volume of runoff for the design storms referenced in the
New York State Stormwater Management Design Manual; and documentation
of sources for all computation methods and field test results.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)
The design and planning of all stormwater management
facilities shall include detailed maintenance and repair procedures,
including a schedule, to ensure their continued function. These plans
will identify the parts or components of a stormwater management facility
that need to be maintained and the equipment and skills or training
necessary. Provisions for the periodic review and evaluation of the
effectiveness of the maintenance program and the need for revisions
or additional maintenance procedures shall be included in the plan.
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 196-27 for additional information.
(9)
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this chapter. See § 196-27 for additional information.
(10)
The SWPPP shall be prepared by a qualified professional,
and the final plan must be signed by a New York State licensed professional
engineer, who shall certify that the design of all stormwater management
practices meets the requirements in this chapter.
(11)
A written or graphic inventory of the natural
resources at the site and surrounding area as it exists prior to the
commencement of the project, and a description of the watershed and
its relation to the project site. This description should include
a discussion of soil conditions, forest cover, topography, wetlands,
and other native vegetative areas on the site. Particular attention
should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development.
(12)
The Town of Irondequoit may also require a concept
plan to consider the maximum development potential of a site under
existing zoning, regardless of whether the applicant presently intends
to develop the site to its maximum potential.
(13)
The applicant must present a detailed plan for
management of vegetation at the site after construction is finished,
including who will be responsible for the maintenance of vegetation
at the site and what practices will be employed to ensure that adequate
vegetative cover is preserved. This plan must be prepared by a registered
landscape architect or by the soil and water conservation district
and in compliance with landscaping specifications outlined in the
New York State Stormwater Management Design Manual.
(14)
The applicant shall assure that all other applicable
environmental permits have been acquired for the site prior to approval
of the final stormwater design plan.
A.
Maintenance easement agreement. The applicant or owner
of the site must execute a maintenance easement agreement that shall
be binding on all subsequent owners of land served by the stormwater
management facility. The agreement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Irondequoit, or its contractor or agent, to ensure that the facility
is maintained in proper working condition to meet design standards
and any other provisions established by this chapter and to, if necessary,
implement emergency repairs to protect the health, safety and welfare
of the public. The easement dimensions shall be as directed by the
Town of Irondequoit, and the easement agreement shall be recorded
in the office of the County Clerk, with a copy provided to the Town
of Irondequoit.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall ensure they are operated and maintained to
achieve the goals of this chapter. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
C.
Maintenance agreements.
(1)
The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the Town of Irondequoit and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The maintenance agreement shall be generally consistent with the terms and conditions of the "Stormwater Control Facility Maintenance Agreement," the form of which is attached to and made a part of this chapter as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
(2)
The Town of Irondequoit, in lieu of a maintenance
agreement, may accept dedication of any existing or future stormwater
management facility for maintenance, 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.
D.
Requirements of maintenance agreements. All stormwater
management facilities must undergo, at the minimum, an annual inspection
to document maintenance and repair needs to ensure compliance with
the requirements of this chapter and accomplishment of its purposes.
These needs may include, but not be limited to, removal of silt, litter
and other debris from all catch basins, inlets and drainage pipes,
grass cutting and vegetation removal, and necessary replacement of
landscape vegetation. Any maintenance needs found must be identified
in writing, along with the schedule and methods to be employed to
complete the maintenance. The maintenance repairs and restoration
schedule are to be approved by the Town of Irondequoit prior to commencing
the work, and the Town of Irondequoit shall inspect the facility upon
completion of the work. The inspection and maintenance requirement
may be increased by the Town of Irondequoit as deemed necessary to
ensure proper functioning of the stormwater management facility.
E.
Records of installation and maintenance activities.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs and shall retain the records for at least
five years. These records shall be made available to the Town of Irondequoit
during inspection of the facility and at other reasonable times upon
request.
F.
Maintenance guarantees for privately owned stormwater
facilities. Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the applicant or by
a corporation that owns or manages a commercial or industrial facility,
the applicant, prior to construction, may be required to provide the
Town of Irondequoit 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 Town of Irondequoit acknowledges
compliance with all details of the approved site plan. If the applicant
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Irondequoit
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs, until the
Town of Irondequoit acknowledges compliance with all details of approved
site plan.
G.
Performance bond/security. The Town of Irondequoit
may, at its discretion, require the submittal of a letter of credit,
cash or performance bond from an appropriate financial or surety institution
which names the Town as the sole beneficiary prior to approval in
order to insure that the stormwater practices are installed as required
by the approved stormwater pollution prevention plan. The amount of
the installation performance security shall be the total estimated
construction cost of the stormwater management practices approved
by the Town of Irondequoit, plus 4% for inspection and 10% for contingencies.
The performance security shall contain forfeiture provisions for failure
to complete work specified in the stormwater pollution prevention
plan. The installation performance security shall be released in full
only upon submission of as-built plans and written certification by
a New York State licensed professional engineer that the stormwater
practice has been installed in accordance with the approved plan and
other applicable provisions of this chapter. The Town of Irondequoit
will make a final inspection of the stormwater practice to ensure
that it is in compliance with the approved plan and the provisions
of this chapter. Provisions for a partial pro-rata release of the
performance security based on the completion of various development
stages can be done at the discretion of the Town of Irondequoit.
A.
The Town of Irondequoit or designated agent shall
make inspections at any reasonable time for purposes of inspecting
the construction of the stormwater management facilities. Inspections
may include, but are 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 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. The applicant must notify the Town
of Irondequoit in advance before the commencement of construction.
If any violations are found, the property owner shall be notified
of the nature of the violation and the required corrective actions.
No added work shall proceed until any violations are corrected and
all work previously completed has received approval by the Town of
Irondequoit.
B.
Furthermore, when any new drainage control facility
is installed on private property, or when any new connection is made
between private property and a public drainage control system, or
combined sewer, the property owner shall grant to the Town of Irondequoit
the right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection. This includes the right to enter
a property when it has a reasonable basis to believe that a violation
of this chapter is occurring or has occurred and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this chapter.
All applicants are required to submit actual
as-built plans for any stormwater management practices 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 New York State licensed professional engineer.
A final inspection by the Town of Irondequoit is required before the
release of any performance securities can occur.
All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
as-built plans. Any postconstruction alterations to the landscape
shall receive prior approval from the Town of Irondequoit. Temporary
landscape alterations, such as those associated with utility excavations
and landscaping activities, must be restored to conditions that are
consistent with the certified as-built plans.
A.
Failure to maintain practices. If a responsible party
fails or refuses to meet the requirements of the maintenance agreement,
the Town of Irondequoit, after reasonable notice, may correct a violation
of the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event
that the stormwater management facility becomes a danger to public
safety or public health, the Town of Irondequoit shall notify the
party responsible for maintenance of the stormwater management facility
in writing. Upon receipt of that notice, the responsible person shall
have 36 hours to effect maintenance and repair of the facility in
an approved manner. After proper notice, the Town of Irondequoit may
assess the owner(s) of the facility for the cost of repair work and
any penalties, and the cost of the work shall be a lien on the property,
or prorated against the beneficial users of the property, and may
be placed on the tax bill and collected as ordinary taxes by the County
of Monroe.
B.
Violations. Any 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.
C.
Notice of violation. When the Town determines that
an activity is not being carried out in accordance with the requirements
of this chapter, it shall issue a written notice of violation to the
owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant.
(2)
The address, when available, or a description of the
building, structure or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to
bring the development activity into compliance with this chapter and
a time schedule for the completion of such remedial action and a statement
to the effect that the failure to commence any such remedial action
within 10 days following the date of service of such notice of violation
shall result in the commencement of enforcement proceedings.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the municipality by filing a written notice of appeal
within 15 days of service of notice of violation.
D.
Stop-work orders. Persons receiving a notice of violation
will be required to halt all construction and/or maintenance activities.
This stop-work order will be in effect until the Town of Irondequoit
confirms in writing that the activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a notice of
violation in a timely manner can result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
E.
Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any failure to comply with any provision or requirement of this Article II, or of any statement, plan, application, approval, permit or certification provided pursuant to the provisions of this article, shall be deemed a violation punishable by a fine not exceeding $350 or imprisonment for a period of not to exceed 15 days, or both, for conviction of a first offense; for a 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 of not to exceed 15 days, or both; and, upon conviction of a third or each and every 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 15 days, or both. Each week's continued violation shall constitute a separate, additional violation. In addition to any other penalty authorized by this section, any person, partnership, limited liability company, association, corporation or other entity convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
F.
Holds on occupation permits. Occupation permits may
not be granted until corrections to all stormwater management practices
have been made and accepted by the Town of Irondequoit.
The provisions and sections of this chapter
shall be deemed to be separable, and if the provisions of any article,
section, subsection, paragraph, subdivision or clause of this chapter
shall be judged invalid by a court of competent jurisdiction, such
order of 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 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.
