The terms used in this local law or in documents
prepared or reviewed under this local law shall have the meaning as
set forth in this section.
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 land development activity.
Any structure, either temporary or permanent, having walls
and roof, designed for the shelter of any person, animal, or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The "New York State Stormwater Management Design Manual,"
most recent version including applicable updates, that serves as the
official guide for stormwater management principals, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control Manual," commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
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 development 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 legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from and source other than from any discernible,
confined, and discrete conveyances, and shall include, but not limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff surfaces.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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 permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt, and drainage.
A land use or activity that generates higher concentrations
of hydocarbons, trace metals or toxins than are found in typical stormwater
runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
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.
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 the 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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
It shall be unlawful for any person, developer or entity to undertake or engage in land development activity as that term is defined in § 120-6 herein without complying with the terms and requirements of this local law which includes obtaining a land development activity permit from the Town. The permit application shall be on a form prescribed by the Town. The permit application fee shall be an amount established and amended from time to time by resolution of the Town Board.
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a stormwater pollution prevention plan (SPPP) prepared in accordance
with the specifications in this local law.
A.
All SPPPs shall provide the following background information
and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project.
(2)
Site map/construction drawing(s) for the project,
including a general location map. 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 construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharge(s). Site
map for projects over five acres should be at a scale no smaller than
one inch equals 100 feet. Site map for projects under five acres should
be at a scale no smaller than one inch equals 50 feet.
(3)
Description of the soil(s) present at the site.
(4)
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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SPPP.
(5)
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.
(6)
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.
(7)
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 close-out.
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins.
(10)
Temporary practices that will be converted to permanent
control measures.
(11)
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.
(12)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practices.
(13)
Name(s) of the receiving water(s).
(14)
Delineation of SPPP implementation responsibilities
for each part of the site.
(15)
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.
(16)
Any existing data that describes the stormwater runoff
at the site.
B.
Land development activities as defined in § 120-6 herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Paragraph C below as applicable:
(1)
Condition A. Stormwater runoff from land development
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 development
activities disturbing five or more acres.
(3)
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.
C.
SPPP Requirements for Condition A, B or C.
(1)
All information in Paragraph A of this section.
(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.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, materials specifications and installation
details for each postconstruction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)
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.
(10)
For Condition A, the SPPP shall be prepared by a landscape
architect, certified professional or professional engineer and must
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meet the requirements
in this local law.
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.
A.
Each contractor and subcontractor identified in the
SPPP 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."
B.
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.
C.
The certification statement(s) shall become part of
the SPPP for the land development activity.
A copy of the SPPP 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 purpose of this local
law, 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
law:
(1)
New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the Erosion Control Manual).
B.
Equivalence to technical standards. 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 Article 2, Section 3.1 and the SPPP shall be
prepared by a licensed professional.
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.
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 local
law. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by 50%.
B.
For land development activities as defined in § 120-6 hereof and meeting Condition A, B or C in § 120-8B hereof, 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 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
C.
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
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 of Moreau to
ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
local law. The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the counsel for the Town of
Moreau.
The owner or operator of permanent stormwater
management practices installed in accordance with this law shall ensure
they are operated and maintained to achieve the goals of this law.
Proper operation and maintenance also includes as a minimum, the following:
A.
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 law.
B.
Written procedures for operation and maintenance and
training new maintenance personnel.
The Town of Moreau 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 Schedule
B of this local law entitled Sample Stormwater Control Facility Maintenance
Agreement.[1] The Town of Moreau, 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 local law and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the
Town offices.
