[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.]
A.
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.
B.
Purpose.
(1)
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.
(2)
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.
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.
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.
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.
Any person, firm, corporation, partnership,
or association who shall file an application for development with
the Town.
Any person, firm, corporation, partnership,
or association who shall physically alter a site which has been approved
for development.
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).
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.
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.
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.
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.
A person currently licensed to practice engineering in New
York State or is a Certified Professional in Erosion and Sediment
Control (CPESC).
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.)
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.)
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.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
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).
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.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
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%.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
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.
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).
A.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary
for the protection of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal
or accessory use.
(3)
Construction activities on property used for agriculture
or silvaculture involving a disturbance of less than five acres.
(4)
The renovation/replacement of a septic system serving
an existing dwelling or structure.
(5)
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.
(6)
Repairs to any stormwater management practice or facility
deemed necessary.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone and electric
poles and other kinds of posts or poles.
B.
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.
A.
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.
B.
Review of and action on SWPPP.
(1)
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:
(a)
Approve the permit application;
(b)
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
(c)
Disapprove the permit application, indicating
the reason(s) and procedure for submitting a revised application and/or
submission,
(d)
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.
C.
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.
A.
The SWPPP shall include the following:
(1)
A written narrative identifying the project's scope,
including the location, type, and size of the project.
(2)
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.
(3)
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.
(4)
A description of soil(s) present at the site, along
with any existing data that describes the stormwater runoff characteristics
at the site.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practices, including
estimates of the cost of maintenance.
(12)
Identification of the person or entities responsible
for implementation of the SWPPP for each part of the site.
(13)
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.
(14)
Name(s) of the watercourse(s) to which the stormwater
flows.
B.
For major projects, the following shall also be provided:
(1)
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).
(2)
A hydrologic and hydraulic analysis for all structural
components of the stormwater control system for the applicable design
storms.
(3)
A comparison of postdevelopment stormwater runoff
conditions and predevelopment conditions.
(4)
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."
A.
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:
B.
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:
A.
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.
B.
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.
C.
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.
D.
Clearing, except that necessary to establish sediment
control devices, shall not begin until all sediment control devices
have been installed and have been stabilized.
E.
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.
F.
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:
(1)
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.
(2)
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.
G.
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.
H.
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.
I.
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.
J.
Soil stockpiles must be stabilized or covered at the
end of each workday.
K.
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.
L.
Techniques shall be employed to prevent the blowing
of dust or sediment from the site.
M.
Techniques that divert upland runoff past disturbed
slopes shall be employed.
N.
Adjacent properties shall be protected by the use
of a vegetated buffer strip in combination with perimeter controls.
O.
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.
P.
Stabilization shall be adequate to prevent erosion
located at the outlets of all pipes and paved/riprap channels.
Q.
Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
R.
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.
S.
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:
A.
An increase in turbidity that will cause a substantial
visible contrast to natural conditions;
B.
An increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for the best
uses; or
C.
Residue from oil and floating substances, nor visible
oil film or globules of grease.
A.
Notification of Stormwater Management Officer.
(1)
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:
(a)
Start of construction and initial installation
of sediment and erosion controls.
(b)
Installation of sediment and erosion measures
as site clearing and grading progresses.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the seasonal land development activity.
(g)
Completion of final landscaping.
(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 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.
B.
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:
(1)
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;
(2)
Indicate on a site map all areas of the site that
have undergone temporary or permanent stabilization;
(3)
Indicate all disturbed site areas that have not undergone
active site work during the previous fourteen-day period;
(4)
Inspect all sediment control practices and record
the approximate degree of sediment accumulation as a percentage of
the sediment storage volume;
(5)
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
(6)
All deficiencies that are identified with the implementation
of the SWPPP.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
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 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.
A.
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.
B.
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.
C.
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.
A.
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:
(1)
The name and address of the operator/landowner, developer,
or applicant.
(2)
The address of the site 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 land development activity into compliance with this chapter,
and a time schedule for the completion of such remedial action.
(5)
A statement of penalty or penalties that can be assessed
against the person to whom the notice or violation is directed.
B.
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.
C.
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.
D.
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.
E.
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:
A.
Whether the waiver, if granted, would produce a detriment to nearby
properties.
B.
Whether the benefit sought by the applicant can be achieved by an
alternate method.
C.
Whether the waiver, if granted, would have an adverse affect or impact
on the physical or environmental conditions in the neighborhood or
community.
D.
Whether the reason or rationale provided by the applicant for not complying with the special requirements of § 180-9S is self-created.
E.
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.
F.
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.
