This Article
II of this Chapter
196 shall be known as and may be cited as the "Design and Management of Postconstruction Stormwater Pollution Prevention Measures 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 stormwater management permit.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGNATED AGENT
Individual(s) directed by the Town of Irondequoit to conduct
site inspections and/or perform other municipal duties.
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
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
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.
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 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.
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.
QUALIFIED PROFESSIONAL
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.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
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.
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.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
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.
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.
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."
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.
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.
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.