As used in this article, the following terms
shall have the meanings indicated:
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land disturbance activity.
CLEARING
Any activity which removes the vegetative surface cover.
DESIGNATED AGENT
Individual(s) directed by the Town of Parma to conduct site
inspections and/or perform other municipal duties.
EARTHWORK
Construction activities including clearing, grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
FINAL STABILIZATION
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
LAND DISTURBANCE ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land disturbance activities may take place at different times on different
schedules.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version including applicable updates that serves as the official
guide for stormwater management principles, methods and practices.
PHASING
Clearing a parcel of land in distinct sections with the stabilization
of each section before the clearing of the next.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and sediment control (CPESC), or soil scientist.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
SITE
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE PLAN APPROVAL
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements, which show the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbance activity associated with a development,
including: land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
STORMWATER RUNOFF
The flow on the surface of the ground resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
WATERWAY
A channel that directs surface runoff to a watercourse, or
to the public storm drain.
This article shall be applicable to all land disturbance activities that will disturb one or more acres of land unless exempted under §
128-7B of this article. The ordinance also applies to land disturbance activities of less than one acre if such activities are part of a larger common plan of development or sale that will disturb one or more acres, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
In accordance with the Municipal Home Rule Law
of the State of New York, the Town of Parma Town Board has the authority
to enact this article for the purpose of promoting the health, safety,
or general welfare of the Town, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
Board may include in any such ordinance provisions for the appointment
of any municipal employees to effectuate and administer such law.
The Town may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the Town prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The financial guarantee may be in the form of cash, escrow or letter of credit from an appropriate financial or surety institution which names the Town as the beneficiary. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in §
128-9 of this article. At its discretion, the Town may allow for a partial release of the financial guarantee based on the completion of various development stages.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the Town may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violators expense,
and/or a civil action to abate, enjoin or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state, local law or ordinance and it is within the discretion of the
Town to seek cumulative remedies.
A review fee shall be paid by any applicant
or its agent whenever the services of the Town Engineer or other professional
are required to review sketches, plats or plans submitted for Town
approval. The applicant shall also reimburse the Town 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 pollution prevention plan.