[HISTORY: Adopted by the Town Board of the Town of Niskayuna 7-17-1990 by L.L. No. 9-1990; amended in its entirety 11-28-2006 by L.L. No. 9-2006. Subsequent amendments noted where applicable.]
The Town Board of the Town of Niskayuna hereby determines that the lands and waters comprising the watersheds of the Town are natural assets and resources and that erosion and sediment deposition on lands and in waters within these watersheds despoils these resources and results in conditions detrimental to the public safety, health and welfare.
To protect the natural resources of the Town and the well-being of its citizenry, the Town Board does hereby adopt procedures to implement soil erosion and sediment control measures to stabilize areas disturbed during development and to minimize damage to surface waters.
To meet the requirements of the State Pollution Discharge Elimination System general permit for stormwater discharges from municipal separate stormwater systems (Permit No. GP-02-02) and the general permit for construction activities GP-02-01, as recommended by New York State.
As used in this chapter, the following terms shall have the meanings indicated:
- The use of land for agricultural purposes, including farming, dairying, pasturage, horse boarding, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing product; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agriculture activities.
- APPLICATION FOR DEVELOPMENT
- An application associated with a subdivision, planned unit development, average density development, special permit, or any other project for which the Planning Board conducts a site plan review that will result in new construction and/or the disturbance of existing grades and contours of the land.
- CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC)
- A person who has received training and is certified by CPESC, Inc., to review, inspect, and/or maintain erosion and sediment control practices.
- A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
- Any activity that removes the vegetative ground cover and/or trees including, but limited to, root mat removal and/ or topsoil removal.
- DESIGN MANUAL
- The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
- A. Any person, firm, corporation, partnership, or association who shall file an application for development with the Town.
- B. Any person, firm, corporation, partnership, or association who shall physically alter a site which has been approved for development.
- C. Any person, firm, corporation, partnership or association that has the day-to-day operational control of those activities at a project which are necessary to ensure compliance with an SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or to comply with other permit conditions).
- D. Any owner of any land approved for development.
- The wearing away of the land surface by action of wind, water, gravity, or other natural forces.
- EROSION AND SEDIMENT CONTROL PLAN
- A set of plans prepared by or under the direction of a licensed/certified professional indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
- EROSION CONTROL MANUAL
- The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, most commonly known as the "Blue Book."
- Digging, scooping or other methods of removing earth materials.
- Excavation of fill, rock, gravel, sand, soil or other natural material, including the resulting conditions therefrom.
- LAND DEVELOPMENT ACTIVITY
- Construction activity, including clearing, grading, excavating, soil disturbance, or placement of fill, resulting in land disturbance of equal to or greater than 1/2 acre. Also includes activities disturbing less than 1/2 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.
- Any additions or modifications to the natural features of a site to restore construction disturbance and to make it more attractive, as by adding lawns, trees, and shrubs to the natural environment.
- LICENSED/CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL
- A person currently licensed to practice engineering in New York State or is a Certified Professional in Erosion and Sediment Control (CPESC).
- MAJOR PROJECT
- Any land development activity that disturbs one acre or more, including all commercial, industrial, or mixed-use development, as well as any residential development consisting of buildings that contain two or more dwelling units, or any land development activity not classified as a minor project. (The operator of a major project must submit an SWPPP that addresses water quality and quantity controls in addition to erosion and sediment controls.)
- MINOR PROJECT
- Any land development activity associated with a permitted agricultural use or single-family residential construction/subdivision that disturbs between 1/2 acre and five acres and is not discharging stormwater directly to a water body listed on the New York State 2002 Section 303(d) list of impaired water bodies. Any nonresidential project that disturbs 1/2 acre to one acre shall be considered a minor project. (The operator of a minor project must submit an SWPPP that addresses erosion and sediment controls.)
- NOTICE OF INTENT (NOI)
- A permit application prepared and filed by an owner or developer with the Department of Environmental Conservation as an affirmation that a stormwater pollution prevention plan (SWPPP) has been prepared and will be implemented in compliance with the State Pollution Discharge Elimination System general permit for stormwater runoff from construction activity (GP-02-01).
- Development activities on a parcel of land performed in distinct sections, with the stabilization of each section completed before development of the next.
- Solid material, both mineral and organic, which is in suspension, is being transported, has been deposited, or has been removed from its site of origin.
- SEDIMENT CONTROL
- A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
- SITE DEVELOPMENT PERMIT
- A permit issued by the municipality for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
- Covering or maintaining an existing cover or soil. Cover can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
- STABILIZATION (FINAL)
- All soil-disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures.
- START OF CONSTRUCTION
- The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling.
- STEEP SLOPES
- Ground areas with a slope greater than 15% covering a minimum horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal dimension of 10 feet. Severe slopes include ground area with a slope greater than 25%.
- STORMWATER MANAGEMENT
- 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.
- STORMWATER MANAGEMENT OFFICER
- An employee designated by the municipality to accept and review stormwater pollution prevention plans, forward plans to the applicable municipal board(s) and inspect stormwater management practices.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
- VEGETATIVE BUFFER
- A transitional vegetated area located between upland and aquatic habitats. For the purposes of this chapter, it shall be considered the strip of natural and/or managed vegetation 25 feet, measured horizontally, from a designated U.S. Army Corps of Engineers wetland and 100 feet, measured horizontally, from a designated NYS Department of Environmental Conservation wetland.
- Any body of water, either natural or man-made, including but not limited to lakes, ponds, rivers, streams, tributaries, drainageways, and intermittent streams.
- WATERCOURSE BUFFER
- A horizontal distance of 50 feet away from and parallel to the mean high water level of a watercourse.
- Those areas that are inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include those areas determined to be wetlands by the U.S. Army Corps of Engineers and the NYS Department of Environmental Conservation.
Unless specifically exempted in Subsection A below, no person, corporation, or other legal entity shall engage in land clearing or grading in the Town without having received a site development permit from the Town of Niskayuna Department of Engineering (DOE). Depending upon the project, this permit may require approval of a stormwater pollution prevention plan (SWPPP).
No SWPPP is required for the following exempt activities:
Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
Agricultural operations conducted as a permitted principal or accessory use.
Construction activities on property used for agriculture or silvaculture involving a disturbance of less than five acres.
The renovation/replacement of a septic system serving an existing dwelling or structure.
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.
Repairs to any stormwater management practice or facility deemed necessary.
Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
Applicants must also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use permits, site plan review, or subdivision procedures of the Town of Niskayuna, the Town Board and the Planning Board should make every effort possible to integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.
No application for a land development activity shall be approved until the appropriate board, municipal official and/ or department has received, reviewed and determined a stormwater pollution prevention plan (SWPPP) has been prepared in accordance with the specifications contained herein.
Review of and action on SWPPP.
For land development activity not subject to a special use permit, site plan review or subdivision requirements, the Stormwater Management Officer or designated agent shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days of receipt of an SWPPP, the Stormwater Management Officer or designated agent shall make a determination as to whether it is complete. If it is deemed not complete, the Stormwater Management Officer or designated agent shall notify the applicant in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the Stormwater Management Officer or designated agent shall, in writing:
Approve the permit application;
Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and issue subject to these conditions; or
Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission,
Failure of the Stormwater Management Officer, or designated agent, to act on a complete original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Town. Pending preparation and approval of a revised plan, land development activities shall not be allowed to proceed. Nothing herein shall relieve an applicant's need to obtain a building permit as required by Town Code or file an NOI with the NYS Department of Environmental Conservation.
For developments subject to a special use permit, site plan review or subdivision requirements, the responsible board shall incorporate the required SWPPP into the review process, allowing for public review and comment on the SWPPP. The responsible board, in consultation with the Stormwater Management Officer or designated agent, shall determine that the SWPPP has been prepared in accordance with the specification contained herein. For projects subject to subdivision requirements, preliminary approval shall not be granted until the Planning Board has received the SWPPP prepared in accordance with specifications contained herein.
The SWPPP shall include the following:
A written narrative identifying the project's scope, including the location, type, and size of the project.
A site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance, including all lawn and yard areas; areas that will not be disturbed; any required watercourse, wetlands, and severe slope buffers; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of stormwater discharge(s). The specific location(s), size(s), and length(s) of each erosion and sediment control practice shall also be shown. Site maps/construction drawings shall be at a scale no smaller than one inch equals 100 feet.
A natural resources map identifying existing vegetation; on-site and adjacent off-site surface waters, wetlands, and drainage patterns that could be affected by the construction activity; and existing and final slopes.
A description of soil(s) present at the site, along with any existing data that describes the stormwater runoff characteristics at the site.
A construction-phasing plan describing the intended sequence of construction activities, including clearing and grubbing; excavation and grading; utility and infrastructure installation; and any other activity at the site that results in soil disturbance. Phasing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation. Consistent with the New York Standards and Specifications for Erosion and Sediment Control, there shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department of Environmental Conservation.
A description of the pollution prevention measures that will be used to control litter, construction chemicals, and construction debris from becoming a pollutant source in the stormwater discharges.
A description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.
A description of the 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. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
The dimensions, material specifications (e.g., seeding mixtures and rates, types of sod, kind and quantity of mulching) and installation details for all erosion and sediment practices, including the siting and sizing of any temporary sediment basins. Temporary practices that will be converted to permanent control measures shall be shown.
An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place.
A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices, including estimates of the cost of maintenance.
Identification of the person or entities responsible for implementation of the SWPPP for each part of the site.
A description of structural practices 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.
Name(s) of the watercourse(s) to which the stormwater flows.
For major projects, the following shall also be provided:
A site map/construction drawing(s) of each postconstruction stormwater practice, including a description of each postconstruction stormwater control practice, including specific location(s) and size(s), dimensions, material specifications and installation details. The New York State Stormwater Management Design Manual shall serve as the technical design standard. Deviations from this Design Manual are permitted subject to review and approval by the New York State Department of Environmental Conservation within 60 business days of receipt of a completed notice of intent (NOI).
A hydrologic and hydraulic analysis for all structural components of the stormwater control system for the applicable design storms.
A comparison of postdevelopment stormwater runoff conditions and predevelopment conditions.
A maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater control practice.
The SWPPP shall be prepared by a licensed/certified professional. The SWPPP must be signed by the professional preparing the plan and shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that false statements made herein are punishable as a class A misdemeanor pursuant to Section 210.45 of the Penal Law."
The SWPPP must clearly identify the contractor(s) and subcontractor that will implement each stormwater and erosion control measure. All contractors and subcontractors identified in the SWPPP shall sign 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 SWPPP for the construction site identified in such SWPPP as a condition of authorization to discharge stormwater. I also understand that the operator must comply with the terms and conditions of the New York State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards."
The permittee shall amend the SWPPP whenever there is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP, or the SWPPP proves to be ineffective in:
Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP.
All land development activities shall be subject to the following design and performance standards:
For the purpose of this chapter, the following documents shall serve as the official guides and standards for stormwater management; stormwater management practices in accordance with these technical documents shall be presumed to meet the standards imposed by this chapter: Land development activities, as defined herein, including grading, erosion, and sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the New York Standards and Specifications for Erosion and Sediment Control published by the Empire State Chapter of the Soil and Water Conservation Society. For the design of postconstruction stormwater management practices, the technical standards are currently detailed in the publication New York State Stormwater Management Design Manual published by the New York State Department of Environmental Conservation.
Cut and fill slopes shall be no greater than 2:1, except where retaining walls, structural stabilization, or other methods acceptable to the Town-designated licensed/certified professional are used. Disturbed areas shall be restored as natural-appearing landforms and shall blend in with the terrain of adjacent undisturbed land. Abrupt, angular transitions shall be avoided.
Clearing and grading shall be substantially confined to designated building envelopes, utility easements, driveways, and parking footprint. Clearing and grading techniques that retain natural vegetation and drainage patterns, as described in the most recent version of Standards and Specifications for Erosion and Sediment Control referenced above, shall be used to the satisfaction of the responsible board. No clearing or grading shall take place within the established watercourse buffer area of 50 feet, except to provide road crossings where permitted.
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the responsible board. There shall not be more than five acres of disturbed soil at any one time without prior written approval from the NYS Department of Environmental Conservation.
The permittee shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. This requirement does not apply in the following instances:
Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable.
Where construction activity on a portion of the site is temporarily ceased and earth-disturbing activities will be resumed within 21 days, temporary stabilization measures need not be initiated on that portion of the site.
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the Town Stormwater Management Officer or designated agent, the Stormwater Management Officer may issue a notice of violation (see § 180-16) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the applicant may be required to reseed the site or use a nonvegetative option.
Special techniques that meet the design criteria outlined in the most recent version of Standards and Specifications for Erosion and Sediment Control shall be used to ensure stabilization on steep slopes or in drainageways.
Soil stockpiles must be stabilized or covered at the end of each workday.
The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
Techniques that divert upland runoff past disturbed slopes shall be employed.
Adjacent properties shall be protected by the use of a vegetated buffer strip in combination with perimeter controls.
In general, wetlands and watercourses should not be filled, graded, or altered. The crossing of watercourses should be avoided to the maximum extent practicable. When protection of wetlands, watercourses, trees, steep slopes or other environmentally sensitive area is required, the location shall be shown on the erosion control plan and the method of protection during construction identified (e.g., silt fence, construction fence, stakes, etc.). A vegetative buffer (minimum of 25 feet) shall be maintained between disturbed areas and protected federal wetlands that are not proposed to be filled as part of an Army Corps of Engineers wetlands permit. In the case of state-designated wetlands, the adjacent area of 100 feet shall not be disturbed without a NYS Department of Environmental Conservation permit.
Stabilization shall be adequate to prevent erosion located at the outlets of all pipes and paved/riprap channels.
Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
Development should relate to site conditions and disturbance of steep slopes avoided. Grading should be minimized by utilizing existing topography whenever possible. Roads and driveways shall follow the natural topography to the greatest extent possible.
In areas of severe slopes (exceeding 25%), land-disturbing activities are not permitted. A buffer of 25 feet must be maintained between any disturbed area and the top of slopes 25% and greater.
Any land development activity shall not result in:
An increase in turbidity that will cause a substantial visible contrast to natural conditions;
An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for the best uses; or
Residue from oil and floating substances, nor visible oil film or globules of grease.
Notification of Stormwater Management Officer.
The Town Stormwater Management Officer or designated agent 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 SWPPP as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer or designated agent at least 48 hours before the following required by the SWPPP:
Start of construction and initial installation of sediment and erosion controls.
Installation of sediment and erosion measures as site clearing and grading progresses.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the seasonal land development activity.
Completion of final landscaping.
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective action. Corrective actions may include the repair/restoration of off-site impacts. Depending upon the severity of the violation, in certain circumstances 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 Town Stormwater Management Officer or designated agent.
The operator shall have a licensed/certified professional conduct an assessment of the site prior to the commencement of construction and certify in an inspection report that the appropriate erosion and sediment controls described in the SWPPP have been adequately installed or implemented to ensure overall preparedness of the site. Following the commencement of construction, site inspections shall be conducted by a licensed/certified professional at least every seven calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. During each inspection, the licensed/certified professional shall record the following information:
On a site map, indicate the extent of all disturbed site areas and drainage pathways. Indicate site areas that are expected to undergo initial disturbance or significant site work within the next fourteen-day period;
Indicate on a site map all areas of the site that have undergone temporary or permanent stabilization;
Indicate all disturbed site areas that have not undergone active site work during the previous fourteen-day period;
Inspect all sediment control practices and record the approximate degree of sediment accumulation as a percentage of the sediment storage volume;
Inspect all erosion and sediment control practices and record all maintenance requirements such as verifying the integrity of barrier or diversion systems and containment systems. Identify any evidence of rill or gully erosion occurring on slopes and any loss of stabilizing vegetation or seeding/mulching. Document any excessive deposition of sediment or ponding water along barrier or diversion systems. Record the depth of sediment within containment structures, any erosion near outlet and overflow structures, and verify the ability of rock filters around perforated riser pipes to pass water; and
All deficiencies that are identified with the implementation of the SWPPP.
A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. A copy of SWPPP shall be retained at the site of the land development activity during construction from the beginning of construction activities to the date of final stabilization. The SWPPP and inspection reports are public documents that the operator must make available for inspection, review, and copying by any person within five business days of the operator receiving a written request by such person to review the SWPPP and/or the inspection reports. Copying of the documents will be done at the requester's expense.
The operator shall maintain a record of all inspection reports in a site logbook. The site logbook shall be maintained on site and be made available to the Town upon request. The operator shall post at the site, in a publicly accessible location, a summary of the site inspection activities on a monthly basis.
Inspections of stormwater management practices (SMPs). The Town Stormwater Management Officer or designated agent is responsible for conducting inspections of stormwater management practices (permanent water quantity/quality improvement structures). All operators are required to submit as-built plans certified by a licensed/certified professional for any permanent stormwater management practices located on site after final stabilization. Operators shall also provide the owner(s) of such structure(s) with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed. The operator must also certify that the permanent structure(s) have been constructed as described in the SWPPP. This certification can be accomplished by providing the Town a copy of the notice of termination (NOT) filed with the NYSDEC.
All certified, as-built plans, lands, structures, and/or appurtenances to be dedicated to the Town shall be reviewed, inspected and approved by the Town Stormwater Management Officer or designated agent prior to Town acceptance.
Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the NYSDEC and file a copy with the Town to notify them that they have complied with Subsection A and that the project is complete.
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 violation; 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 facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
Construction completion guarantee. The applicant or developer may be required to provide, prior to construction, an irrevocable letter of credit, from an appropriate financial or surety institution, which guarantees satisfactory completion of the project and names the Town of Niskayuna as the beneficiary. The security shall be in an amount determined by the Town of Niskayuna 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 Niskayuna, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and facilities have been found to be acceptable to the Town.
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 Niskayuna 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 control facilities, the Town may, upon notification, draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
The responsible board or municipal official is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of an SWPPP or to make regular or final inspections of all control measures, lands, structures, and/ or appurtenances to be dedicated to the Town in accordance with the approved plan.
Payment for the service of such professionals is to be made from funds deposited by the applicant with the Town in escrow accounts for such purposes.
It shall be the responsibility of the applicant to submit to the Town certified check(s) in amounts equal to the estimate of the licensed/certified professional for the cost of services to be rendered. Estimates shall reflect reasonable costs at prevailing rates. The Town shall make payments to said professional for services rendered to it upon acceptance by the Town of said service.
Notice of violation. The operator and all contractors and subcontractors must comply with all conditions of an SWPPP submitted pursuant to this chapter. In the event that the Town determines that a land development activity is not being carried out in accordance with the requirements of this chapter, the Stormwater Management Officer may issue a written notice of violation to the operator/landowner, applicant, and all contractors/subcontractors subject to the provisions of this chapter. The notice of violation shall contain:
The name and address of the operator/landowner, developer, or applicant.
The address of the site or a description of the building, structure, or land upon which the violation is occurring.
A statement specifying the nature of the violation.
A description of the remedial measures necessary to bring the land development activity into compliance with this chapter, and a time schedule for the completion of such remedial action.
A statement of penalty or penalties that can be assessed against the person to whom the notice or violation is directed.
Within 15 days of notification of violation (or as otherwise provided by the Town), the violator shall take the remedial measures necessary to bring the land development activity into compliance with this chapter.
Stop-work order. The Town Stormwater Management Officer may issue a stop-work order for violation of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violation(s) identified in the stop-work order. The stop-work order shall be in effect until the Town 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, and/or monetary penalties in accordance with this chapter.
Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $250 per offense per day. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration. To the extent that the noncompliance with this chapter constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there may be substantial criminal, civil, and administrative penalties, depending upon the nature and degree of the offense.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Town Stormwater Management Officer may prevent the occupancy of said building or land.
The provisions and sections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.
[Added 9-15-2011 by L.L. No. 5-2011]
Upon the recommendation of the Stormwater Management Officer, the Planning Board may waive the specific requirements of this chapter embodied in § 180-9S. Nothing herein shall be construed to authorize the Planning Board to grant a waiver from any standard that is required by New York State law or regulation or any other provision of this chapter.
[Added 9-15-2011 by L.L. No. 5-2011]
In granting a waiver pursuant to § 180-18, the Planning Board shall consider the benefit to the applicant if granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by granting such waiver, which shall include:
Whether the waiver, if granted, would produce a detriment to nearby properties.
Whether the benefit sought by the applicant can be achieved by an alternate method.
Whether the waiver, if granted, would have an adverse affect or impact on the physical or environmental conditions in the neighborhood or community.
Whether the reason or rationale provided by the applicant for not complying with the special requirements of § 180-9S is self-created.
The Planning Board, if it grants such waiver, shall grant a minimum deviation from the requirements of § 180-9S that shall be necessary and adequate, but at the same time preserving and protecting the health, safety and welfare of the neighborhood or community.
The Planning Board, if it grants such waiver, shall have the authority to impose conditions and restrictions as are reasonably related and incidental to the proposed application.