[HISTORY: Adopted by the Town Board of the Town of Hamburg 7-16-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
It is hereby determined that:
A.
Land development activities and associated increases
in site-impervious cover often alter the hydrologic response of local watersheds
and increase stormwater-runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
F.
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater-runoff discharges from land
development 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 minimize threats to public health and safety;
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this chapter and Chapter 280, Article LI, is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 226A-1 hereof. This chapter and Chapter 280, Article LI, seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B.
Require land development activities to conform to the
substantive requirements of the NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-02-01, or as amended or revised;
C.
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable; and
F.
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
In accordance with § 10 of the Municipal Home Rule Law of
the State of New York, the Town of Hamburg Town Board has the authority to
enact local laws and amend local laws and for the purpose of promoting the
health, safety or general welfare of the Town of Hamburg and for the protection
and enhancement of its physical environment.
B.
The municipality shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater Management
Officer may:
D.
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this chapter and Chapter 280, Article LI.
C.
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.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Hamburg on or before the effective date of
this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life,
property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection
with an existing structure.
A.
Erosion and sediment control inspection.
(1)
The Town of Hamburg Stormwater Management Officer may require such inspections as necessary to determine compliance with this chapter and Chapter 280, Article LI, and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and Chapter 280, Article LI, and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Hamburg enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a)
Start of construction;
(b)
Installation of sediment and erosion control measures;
(c)
Completion of site clearing;
(d)
Completion of rough grading;
(e)
Completion of final grading;
(f)
Close of the construction season;
(g)
Completion of final landscaping;
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for site stabilization
until any violations are corrected and all work previously completed has received
approval by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The Town
of Hamburg Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required to
submit 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 professional engineer.
C.
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis, including
but 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
associated with higher-than-usual discharges of contaminants or pollutants
or with discharges 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.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Hamburg the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
A.
Construction Completion Guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Town of Hamburg in its
approval of the stormwater pollution prevention plan, the Town of Hamburg
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow, or irrevocable letter of credit from an appropriate
financial or surety institution which guarantees satisfactory completion of
the project and names the Town of Hamburg as the beneficiary. The security
shall be in an amount to be determined by the Town of Hamburg based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety is
released from liability by the Town of Hamburg, provided that such period
shall not be less than one year from the date of final acceptance or such
other certification that the facility(ies) have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the facilities have been found to be acceptable to
the Town of Hamburg. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the Town of Hamburg 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 facilities are removed from operation. If
the developer or landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Town of Hamburg
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
A.
Notice of violation. When the Town of Hamburg determines that a land development activity is not being carried out in accordance with the requirements of this chapter and Chapter 280, Article LI, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer 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;
(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.
B.
Stop-work orders. The Town of Hamburg may issue a stop-work order for violations of this chapter and Chapter 280, Article LI. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Hamburg confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter and Chapter 280, Article LI.
D.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter and Chapter 280, Article LI 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 and Chapter 280, Article LI 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.
F.
Restoration of land. Any violator may be required to
restore land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Town of Hamburg
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
The Town of Hamburg may require any person undertaking land development activities regulated by this chapter and Chapter 280, Article LI to pay reasonable costs at prevailing rates for review of SWPPs, inspections, or SMP maintenance performed by the Town of Hamburg or performed by a third party for the Town of Hamburg.
