[HISTORY: Adopted by the Board of Trustees of the Village of Menands 12-17-2007
by L.L. No. 21-2007. Amendments noted where applicable.]
It is hereby determined that:
A.
Development of real property 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. Improper clearing of vegetation, and burial of vegetative
and other wastes, can result in unstable soil conditions and the production
of noxious gases through decomposition of said wastes;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream base flow;
F.
Substantial economic losses can result from these 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 development activities;
H.
The regulation of stormwater runoff discharges from real
property 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 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 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 above. This chapter seeks to meet those purposes by achieving
the following objectives:
A.
Meet the requirements of minimum measures 4 (construction
runoff) and 5 (postconstruction maintenance) 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 work on real property 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 activities
on real property in order to reduce flooding, siltation, increases in stream
temperature, and stream bank erosion and maintain the integrity of stream
channels;
D.
Minimize or decrease pollution caused by stormwater runoff
from activities on real property which would otherwise degrade local water
quality;
E.
Minimize or decrease the total annual volume of stormwater
runoff which flows from any specific site during and following development
to the maximum extent practicable;
F.
Reduce or decrease 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. Specific consideration
of stormwater runoff shall be provided to critical watersheds; and
G.
Eliminate unstable soil conditions and the production
of noxious gases which result from improper stormwater practices, improper
grading practices, improper clearing of vegetation and the burial of vegetative
and other wastes.
The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section. If
a term is not defined in this section, then the definition provided in § 190-2
of the Code of the Town of Colonie shall apply. Any conflict between a definition
provided in § 190-2 and this chapter shall be resolved in favor
of the definition provided below.
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.
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 New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, as amended.
This manual serves as the official guide for stormwater management principles,
methods and practices.
The New York Standards and Specifications for Erosion and Sediment
Control manual, as amended. This is commonly known as the "Blue Book."
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."
An activity including clearing, grading, excavating, soil disturbance
or placement defof fill that results in land disturbance of equal to or greater
than one acre, or an activity 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 document which provides for long-term maintenance of stormwater
management practices. It is anticipated this document will be recorded in
the Albany County Clerk's Office and will act as a property deed restriction
or encumbrance.
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.
Any construction or development activity upon real property.
The replenishment of underground water reserves.
Measures that prevent sediment from leaving the site.
Coldwater fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered
or special concern species.
See "stormwater management practices."
The New York State Pollutant Discharge Elimination System.
A SPDES permit issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A SPDES permit 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 Village Board to accept
and review stormwater pollution prevention plans, forward the plans to the
applicable Village board or department, inspect stormwater management practices,
and enforce this chapter.
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.
See "stormwater pollution prevention plan."
A channel that directs surface runoff to a watercourse or to the
public storm drain.
A.
This chapter shall be applicable to all real property
within the Village of Menands.
B.
All land development activities subject to subdivision
and/or site plan review and approval under the Colonie Land Use Law regulations
shall be reviewed subject to the standards contained in this chapter. In this
instance, the SWPPP shall be submitted along with the subdivision and/or site
plan application.
C.
All land development activities not subject to subdivision
and/or site plan review shall be required to submit a SWPPP to the Stormwater
Management Officer who shall review the SWPPP for compliance with the requirements
of this chapter.
The following activities are exempt from the permit requirements under
this chapter. However, even those projects which are exempt from the permit
requirements must meet the standards set forth in this chapter.
A.
Agricultural activity as defined in this chapter.
B.
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 stormwater management facility.
C.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
D.
Cemetery graves.
E.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
F.
Emergency activities immediately necessary to protect
life, property or natural resources.
G.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use by that
person and his or her family.
H.
Landscaping and horticultural activities in connection
with an existing structure that does not change the drainage patterns.
I.
Creation or restoration of wetlands pursuant to a state
or federal wetlands permit.
J.
Creation, restoration, or preservation of Village greenspace.
A.
Stormwater pollution prevention plan requirement. No
approval of a land development activity shall be issued until a stormwater
pollution prevention plan (SWPPP) has been accepted in accordance with the
specifications in this chapter.
B.
Contents of stormwater pollution prevention plans. All
SWPPPs shall, at a minimum, have a sediment and erosion control plan which
shall provide the following background information and erosion and sediment
controls. Development within impaired watersheds or where a five-acre variance
request is submitted to DEC may require additional data.
(1)
Background information about the scope of the project,
including location, type and size of project, and pre-construction photographs
of the site and immediate downstream conditions (digital preferred);
(2)
Site map/construction drawing(s) for the project, including
a general location map. The site map should be at a scale no smaller than
one inch equals 100 feet (e.g., one inch equals 500 feet is smaller than one
inch equals 100 feet). 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 discharges(s);
(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 SWPPP and DEC variance approval;
(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)
Information regarding the location of disposal of any
material to be removed from the site. Off-site disposal areas may not be within
regulated wetlands, buffer zones, protected watercourse areas, or other environmentally
sensitive areas unless applicable permits are obtained. The proposed method
of any on-site processing and reuse of organic materials shall be specified
and may require certification by a New York state registered professional
engineer or landscape architect as a safe and effective means of disposal.
(8)
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;
(9)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(10)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the sitting
and sizing of any temporary sediment basins;
(11)
Temporary practices that will be converted to permanent
control measures;
(12)
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;
(13)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(14)
Name(s) of the receiving water(s);
(15)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(16)
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;
(17)
Any existing data that describes the stormwater runoff
at the site; and
(18)
A slope stability analysis, if requested by the Building
Department, where grading is steep or for slippage-prone slopes.
C.
Postconstruction stormwater runoff control.
(1)
In addition to the SWPPP described above, land development
activities meeting any of the three conditions below shall also be required
to provide a report as to water quantity and water quality controls (postconstruction
stormwater runoff controls):
(a)
Stormwater runoff from project 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; or
(b)
Stormwater runoff from land development activities disturbing
five or more acres; or
(c)
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)
The additional report to be provided for postconstruction
stormwater controls shall include:
(a)
Description of each postconstruction stormwater management
practice;
(b)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice;
(c)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms;
(d)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions;
(e)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(f)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(g)
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;
(h)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 143-8 of this chapter.
(i)
If the land development activity meets either of the conditions described in Subsection C(1)(b) or (c) above (activity disturbs 5 acres or more, or runoff discharges a pollutant of concern to either an impaired water or a TMDL designated watershed) then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist 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 chapter.
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, 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.
(4)
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.
Every soil disturbance shall meet the criteria set forth in the New
York Standards for Erosion and Sediment Control (aka "The Blue Book"; see
Subsection A(1) below) Also, all land development activities shall be subject
to all of the following performance and design criteria:
A.
Technical standards. For the purpose of this chapter,
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 chapter:
(1)
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" or the "Blue Book");
(2)
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").
(3)
The Village of Menands Standard Format For Stormwater
Management Plans and Reports.
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 the Design Manual and the SWPP shall be prepared by a professional in erosion
and sediment control (CPESC), soil scientist or professional engineer.
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.
D.
Permitting process; additional standards.
(1)
Applications shall be made on forms prescribed by the
Village therefor, which shall be accompanied by the required fee, if any,
established by the Village Board.
(2)
The Stormwater Management Officer shall review the application
and act to approve, approve with modification, or deny the requested SWPPP.
(3)
In the event that the submittal is denied, the applicant
may have the decision reviewed by Village Board.
(4)
The smallest practical area of land shall be exposed
at any one time during the project.
(5)
When land is exposed during development, the exposure
shall be kept to the shortest practical period of time;
(6)
To protect areas in excess of one acre exposed for a
period over two weeks during development, the following controls shall be
applied:
(a)
Temporary vegetation, mulch, geotextiles, and/or emulsion
shall be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment.
(b)
On areas that will be exposed for short periods of time
(daily) where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO.
(c)
On areas such as temporary roadways, when dry conditions
prevail, the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7)
Sediment basins, debris basins, silting basins, silt
fencing, or silt traps shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(8)
Permanent final vegetation and structures shall be installed
as soon as practical in the development.
(9)
The development plan should be fitted to the type of
topography and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should be retained
and protected.
(11)
In areas of proposed fill, all existing vegetation and
other organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate off-site
facility, or processed for reuse on site in a manner that will not be conducive
to adverse effects of decomposition, such as the production of odors or of
concentrations of noxious or explosive gases, or the creation of unstable
subsurface conditions. The proposed method of on-site processing and reuse
shall be specified in the permit application and may require certification
by a licensed professional engineer as a safe and effective means of disposal.
(12)
No vegetation or other waste materials shall be buried
on the site.
(13)
All fill placed on the site shall be as free of organic
material as is practicable.
E.
Deposit, performance of site work; inspection.
(1)
To ensure that the site work is performed in accordance
with the controls of this chapter, before obtaining approval, the applicant
shall deposit with the Village Clerk-Treasurer of the Village of Menands a
cash escrow as set forth in the fee schedule adopted by the Village Board
by separate resolution.
(2)
Said site work shall be performed and completed in accordance
with the approved plan and schedule of vegetation removal and disposal, grading,
construction operation and erosion control methods on file with the Building
Department at the time of issuance of the approval.
(3)
Upon completion of the site work set forth in the plan, the applicant will request the Building Department to inspect the work; upon approval of the site work, the Department will direct the Village Clerk - Treasurer to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4)
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the Village of Menands and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Village Clerk-Treasurer pursuant to Subsection E(1) above, and the Village Clerk-Treasurer shall be authorized to pay any charge or charges approved by the Bureau of Engineering without further approval of the applicant. If the Village should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Village Clerk-Treasurer after completion of said site work shall be returned to the applicant.
A.
Maintenance and inspection during construction.
(1)
The Building Department or its designee shall have the
power to make necessary inspections. The Department may employ, at its discretion,
a Construction Inspector to act as its agent for the purpose of assuring satisfactory
completion of permit requirements. The inspection provided may include, but
not necessarily be limited to, all grading, drainage, stormwater management
systems and erosion control measures, and may include soil testing as necessary
to determine compliance with the provisions of this chapter and the conditions
of the approval.
(2)
The Building Department will determine an amount sufficient
to defray the costs of such inspection. The applicant shall deposit said amount
of moneys with the Village Clerk-Treasurer in an escrow account prior to the
issuance of the approval. The Building Department shall be authorized to pay
the costs of inspection by its Construction Inspector from the moneys on deposit
in said account and shall return to the applicant any such moneys, including
interest, on balance in the account at the time of completion of the permitted
site work, provided that all inspection costs have been paid. If the moneys
on deposit prove to be insufficient for the costs of required inspections,
the Building Department shall require that the applicant deposit additional
moneys in an amount sufficient to satisfy the costs of such additional inspections
as may be required.
(3)
The applicant or developer of the land development activity
or his or her 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 chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced by
50%.
(4)
For land development activities meeting any of the conditions set forth in § 143-6C(1)(a), (project activity of between one and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties, or stormwater runoff from land development activities disturbing five or more acres, or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL designated watershed), 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 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.
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 Village of Menands to ensure that the
facility is maintained in proper working condition to meet design standards
and any other provisions established by this chapter. The easement shall be
recorded by the grantor in the office of the County Clerk after approval by
the Village Attorney.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this chapter shall ensure they are operated and maintained to achieve the
goals of this legislation. 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 chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village of Menands shall
approve a formal maintenance agreement for stormwater management facilities
which are going to be privately owned after construction. The agreement shall
be 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 a sample Stormwater Control Facility Maintenance Agreement on file in the
Building Department. The Village of Menands, 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 chapter and includes adequate and perpetual access and sufficient area,
by easement or otherwise, for inspection and regular maintenance.
A.
Inspection.
(1)
In addition to the DEC inspections required to be performed
by the applicant, the Village of Menands Stormwater Management Officer, or
his or her designee, may require such inspections as necessary to determine
compliance with this chapter 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 the stormwater pollution prevention plan
(SWPPP) as approved. To obtain inspections, the applicant shall notify the
Village of Menands 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.
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.
C.
Submission of reports and record plans. The Village of
Menands Stormwater Management Officer may require monitoring and reporting
from entities subject to this chapter as are necessary to determine compliance
with this chapter. All applicants are required to submit record 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 licensed professional.
D.
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 Village of Menands the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
E.
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 Village of Menands in its
approval of the stormwater pollution prevention plan, the Village 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 Village of Menands as the beneficiary. The security shall be
in an amount to be determined by the Village 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 Village of Menands, 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 Village.
Per annum interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
F.
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 Village of Menands 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 Village of Menands
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
G.
Recordkeeping. The Village of Menands may require entities
subject to this chapter to maintain records demonstrating compliance with
this portion of the Village of Menands Code.
H.
Notice of violation. When the Village of Menands determines
that a project 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:
(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;
(4)
A description of the remedial measures necessary to bring
the project into compliance with this chapter 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 Village by filing a written notice of appeal within 15 days
of service of notice of violation.
I.
Stop-work orders. The Village of Menands may issue a
stop-work order for violations of this chapter. Persons receiving a stop-work
order shall be required to halt all work of any nature on the site, except
those activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Village of Menands confirms
that the project 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.
J.
Violations. Any land development activity that is commenced
or is conducted contrary to this chapter may be restrained by injunction or
otherwise abated in a manner provided by law.
K.
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 law shall be guilty of a violation punishable by a fine not
exceeding $5,000 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 $10,000 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 $15,000 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.
L.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy of said
building or land.
M.
Restoration of lands. 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 Village of Menands
may take necessary corrective action, the cost of which shall become a lien
upon the property until paid.
N.
Fees for services. The Village of Menands may require
any person undertaking activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance
performed by Village personnel or performed by a third party for the Village
of Menands.
