[Added 9-12-2005 by L.L. No. 5-2005[1]]
The terms used in this article or in documents
prepared or reviewed under this article shall have the meanings 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 a roof, designed for the shelter of any person, animal, or property
and occupying more than 100 square feet of area.
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 Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The Town of Victor Drainage Improvement Area established
to facilitate the Town's ability to address stormwater issues in the
Town as set forth on the map of the DIA, as amended and modified from
time to time.
[Added 11-9-2020 by L.L. No. 6-2020]
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
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A 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 any source, other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
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; and 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 that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants 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 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.
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.
[Amended 11-9-2020 by L.L. No. 6-2020]
A.
Stormwater pollution prevention plan required. No
application for approval of a land development activity shall be reviewed
until the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
article.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of the project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show:
[1]
The total site area;
[2]
All improvements;
[3]
Areas of disturbance;
[4]
Areas that will not be disturbed;
[5]
Existing vegetation;
[6]
On-site and adjacent off-site surface water(s);
[7]
Wetlands and drainage patterns that could be
affected by the construction activity;
[8]
Existing and final slopes;
[9]
Locations of off-site material, waste, borrow
or equipment storage areas; and
[10]
Location(s) of the stormwater discharge(s);
(c)
A description of the soil(s) present at the
site;
(d)
A 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 SWPPP;
(e)
A 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;
(f)
A 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;
(g)
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 closeout;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice;
(i)
The dimensions, material specifications and
installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and the duration that each practice should remain in place;
(l)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
(m)
The name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
A 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; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities as defined in § 211-51 of this article 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 § 211-52B(3) below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concerns 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.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from and 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.
(3)
SWPPP requirements for conditions A, B and C:
(a)
All information in § 211-52B(1) of this article;
(b)
A description of each postconstruction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
A maintenance schedule to ensure continuous
and effective operation of each postconstruction stormwater management
practice;
(h)
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 the transfer of title to the property;
C.
Plan certification. The SWPPP 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 meets
the requirements in this article.
D.
Other environmental permits. 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.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP 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."
|
(2)
The certification must include the name and title
of the person providing the signature, the address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
F.
A copy of the SWPPP 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.
[Amended 11-9-2020 by L.L. No. 6-2020]
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article,
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 article:
(1)
The 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.
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.
[Amended 11-9-2020 by L.L. No. 6-2020]
A.
Responsibility for maintenance. Unless specifically excluded by this
chapter, each landowner shall be responsible for the repair and maintenance
of stormwater facilities located on their property, whether or not
the property is subject to a formal stormwater maintenance agreement.
B.
Maintenance during construction.
(1)
The applicant or developer of the land development activity 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 article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or his or her 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. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer and also copied to the site log
book.
C.
Maintenance easement(s). 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
Victor to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the Victor Town Attorney.
D.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall be operated and maintained to achieve the goals of this
article. Proper operation and maintenance also include, 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 article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations in accordance with
§ 211-538.
E.
Maintenance agreements. The Town of Victor 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 B2,[1] entitled "Sample Stormwater Control Facility Maintenance
Agreement," of this article. The Town of Victor, in lieu of a maintenance
agreement, at its sole discretion may accept dedication of any existing
or future stormwater management facility, provided that such facility
meets all the requirements of this article and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
[1]
Editor's Note: Schedule B2 is on file in the Town offices.
F.
Reporting and continued maintenance. Any landowner that has a stormwater
management facility located anywhere on their property shall be responsible
for continuing the stormwater management practices installed in accordance
with this article and shall operate and maintain those stormwater
management facilities to achieve the goals of this article. Proper
operation and maintenance also include, as a minimum, the following:
(1)
Every three years, have a professional licensed engineer inspect
and provide a report certifying to, at a minimum, the current functionality
of the stormwater management facility as assessment of invasive plant
growth, outfall structure condition, storage capacities, silt loading
and other related information.
(2)
The landowner shall provide a copy of the report to the Stormwater
Management Officer within 30 days of receipt.
(3)
Should an engineer's report identify any issues with the stormwater
management facility, a remediation plan shall accompany the report
including a projected timeline for the completion of said remediation.
In the event that the report identifies issues, but no remediation
plan accompanies the report, the Stormwater Management Officer shall
request and the landowner shall deliver an engineer-prepared remediation
plan to the Stormwater Management Officer within 30 days from request.
(4)
The landowner shall promptly commence and diligently pursue the completion
of a remediation to the stormwater management facility in accordance
with the engineering remediation plan.
G.
Enforcement; penalties for offenses.
(1)
Notice of violation. When the Town of Victor determines that a land
development activity is not being carried out in accordance with the
requirements of this chapter, it may issue a written notice of violation
to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this chapter and a
time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f)
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 the notice of violation.
(2)
Penalties for offenses. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $350 or imprisonment for a period not to exceed six
months, or both, for conviction of a first offense; for 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 not to exceed six months, or both;
and upon conviction for a third or 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 six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation. The Town of Victor may require any
landowner with a stormwater management facility on their property
regulated by this chapter to pay reasonable costs at prevailing rates
for review of engineering reports, inspections, or maintenance performed
by the Town of Victor or performed by a third party for the Town of
Victor for failure to comply with this article.
