[Adopted 4-1-2008]
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 waterborne 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 Parma. Therefore, the Town 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, 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 Parma 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 one or more acres, or activities disturbing less than one acre
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 serve
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.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or the owner's agent.
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.
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.
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.
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.
Town of Parma.
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 § 128-19 of this article 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 § 128-27 as applicable unless eligible for an exemption or granted a waiver by the Town in accordance with § 128-24 of this article:
(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
activity 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 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 § 128-19 of this article, 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. 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 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.
A.
This article is not intended to interfere with, abrogate,
or annul any other ordinance, rule or regulation, stature, 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 any other local law,
ordinance, 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
regulations and/or local laws, including the Town of Parma Land Development
Regulations.
In accordance with the Municipal Home Rule 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 it's environment and the property of its inhabitants. By the same
authority, the 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.
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 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 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 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 article.
(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 and the implementation
of the plan is required by local ordinance. 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 Parma 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 sites
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 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 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. 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 (dedication or easement of land, see § 128-25B 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
article;
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 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. 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 fee by entering into an agreement with the Town 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 Parma 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 Parma Design Criteria and Construction Specifications for Land Development, 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 article. 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 (§ 128-26) and § 128-27 of this article 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. In
no case shall the impact on functional values be any greater than
that allowed by the Army Corp of Engineers (C.O.E) 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 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 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 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 after
determining that the plan or waiver is consistent with the requirements
of this article.
B.
The applicant shall employ a responsible individual as defined in § 128-19 of this article 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 within five days after the month's end.
C.
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 § 128-28 of this article 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 article. See § 128-28 of this article 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 meet the requirements in this article.
(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 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 qualified
professional, 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. 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, or their 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 article 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 and the easement agreement
shall be recorded in the office of the County Clerk, with a copy provided
to the Town.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. 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 article.
(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 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 consistent with the terms and conditions of the
Stormwater Control Facility Maintenance Agreement.
(2)
The Town, 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 article 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 article and accomplishment of its purposes.
These needs may include 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 schedules are to be approved by the Town prior
to commencing the work and the Town shall inspect the facility upon
completion of the work. The inspection and maintenance requirement
may be increased by the Town 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 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 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 acknowledges compliance
with all details of approved site plan. If the applicant or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs, until the Town acknowledges compliance
with all details of approved site plan.
A.
The Town or its 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 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.
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 Parma
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 article is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this article.
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 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. 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 shall notify the party responsible for maintenance of the
stormwater management facility in writing. Upon receipt of the notice,
the responsible person shall have 15 days to effect maintenance and
repair of the facility in an approved manner. In the event that the
stormwater management facility becomes a danger to public safety or
public health, the Town may immediately, without notice, correct a
violation of the design standards or maintenance needs by performing
all necessary work to place the facility in proper working condition.
The Town 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 Town.
B.
Violations. Any development activity that is commenced
or is conducted contrary to this article 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 article, 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 article and
a time schedule for the completion of such remedial action;
(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 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 article.
E.
Civil penalties. In addition to or as an alternative
to any penalty provided herein or by law, failure to comply with this
article shall be a violation punishable by a fine not to exceed $350
or imprisonment for a period not to exceed 15 days, or both for conviction
of a first offense; a second violation of this article committed within
a period of five years is punishable by a fine not less than $350
nor more than $700 or imprisonment for a period not to exceed 30 days,
or both; and a third or subsequent violation of this article within
a period of five years is punishable by a fine not less than $700
nor more than $1,000 or imprisonment for a period not to exceed 30
days, or both. Each day's continued violation shall constitute a separate
additional violation.
F.
Holds on certificates of occupancy. Certificates of
occupancy may not be issued until corrections to all violations of
the stormwater management practices have been made and accepted by
the Town.
The Town may, at its discretion, require the
submittal of a performance security or bond 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 Parma, plus 25%. 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 article.
The Town 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 article. 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.
