[HISTORY: Adopted by Common Council of the
City of North Tonawanda 11-10-1981; amended in its entirety 2-5-2008. Subsequent amendments noted where applicable.]
This article is designed to alleviate the problem
of personal and property damage by flooding resulting from excessive
runoff from poorly graded land development sites.
For the purpose of this article, the following
terms, phrases, words, and their deviations shall have the meaning
given herein:
Any person, partnership, corporation or public agency requesting
permission from the City Engineer to engage in land disturbance activity,
construction or development.
Any activity involving the clearing, grading, transporting
or filling of land and the construction of any dwelling or building,
which activity significantly alters land topography or vegetative
cover resulting in an increase in the rate of runoff. Land disturbance
shall not be deemed to mean the following:
Gardening activity, including the clearing,
leveling, seeding, planting or harvesting of a household garden.
Minor landscaping, including the planting or
removing of trees, shrubs or plants for aesthetic purposes or the
filling of yard low spots to conform to the grade of surrounding areas.
Minor building erection, including the erection
of sheds, garages, tool sheds, patios or decks which do not require
the displacement of any land area resulting in a change of land grade
and which do not result in roof drain-off on adjoining properties.
Utility installation, including the installation
of underground utility connections, provided that the land grade after
such installation will not be changed.
Any construction activity that disturbs one
or more acres of land, or less than one acre if part of a common scheme
of development disturbing one or more acres of land in the aggregate.
All water produced by rain, flood, drainage, sump pump outflows,
downspouts, springs and seeps flowing over the land and causing water
to gravitate to adjoining properties.
A.
No person shall engage in any minor land disturbance
activity on any property within the City without having first submitted
a surface water runoff management plan to the City Engineer and obtaining
approval of such plan and a permit or written waiver of necessity
from the City Engineer.
(1)
The applicant shall pay to the City Clerk a fee of
$120 at the time the application is submitted, to cover the cost of
reviews and inspections required by this article.
[Amended 10-4-2016]
(2)
Written waiver may be granted to an applicant upon
determination by the City Engineer that the land disturbance being
contemplated will not appreciably increase the anticipated rate amount
of runoff. In such cases, any application fee shall also be waived.
(3)
The City Engineer shall issue such permit, waiver
or certificate of completion in a form approved by the Common Council.
B.
The surface water management plan shall contain:
(1)
Lot and block numbers of the site as shown on the
current Tax Map of the City.
(2)
Name and address of the owner of the land.
(3)
Location, description and quantification of proposed
changes to the site, with particular attention given to the capacity
of the soil, vegetation cover, and drainageways to absorb, retard,
contain or control surface water runoff.
(4)
Proposed measures for surface water management.
A.
The City Engineer shall require the implementation
of the surface water management plan according to an approved time
schedule.
B.
Responsibility for the continued maintenance of the
graded area shall remain with the applicant from the time of the plan's
approval. The City shall retain the right to enter and make repairs
and improvements upon the land, to ensure proper adherence to the
plan, at the applicant's expense.
C.
Inspection.
(1)
The City Engineer shall inspect the site during its
preparation and development to certify that all control measures are
constructed according to the provisions of the approved plan.
(2)
During the 12 months subsequent to the date of completion,
the City Engineer shall periodically inspect the site to ascertain
that the provisions of the plan are complied with. The Engineer shall
give the applicant, upon request, a certificate indicating the date
on which the required measures were completed and/or accepted.
This article shall not be applicable or required
in cases where there is approval by the City Planning Commission of
a subdivision plan providing for drainage facilities or building of
a multifamily dwelling as reviewed and approved by the City Planning
Commission for site plan approval and stormwater drainage plan.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
not to exceed $100 for each such violation. A violation shall be deemed
to occur for each day that any person fails to conform to this article
or the determination of the City Engineer.
A.
Findings. It is hereby determined that:
(1)
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the City;
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(8)
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
(9)
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
B.
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 48-7A of this article. This article seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit No. GP-02-02 or as amended or revised;
(2)
Require land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, Permit No. GP-02-01 or
as amended or revised;
(3)
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
As used in this article, the following terms
shall have the meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
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 deliberate appropriation of property by its owner for
general public use.
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.
A person who undertakes land development activities.
The 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, commonly known
as the "Blue Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System (SPDES) 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."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
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 professional engineer or landscape architect licensed to
practice his or her profession in New York State.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) 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 of the City of North Tonawanda designated
by the Common Council to accept and review stormwater pollution prevention
plans (SWPPPs), forward the plans to such employee, officer or board
of the City of North Tonawanda which may be reviewing any application
for a construction activity requiring submission of a SWPPP, and inspect
stormwater management practices.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Applicability. This article shall be applicable to
all land development activities within the City.
B.
Responsibility for administration. The SMO shall administer,
implement, and enforce the provisions of this article. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the SMO as may be authorized by the
City.
C.
Exemptions. The following activities shall be exempt
from review under this article:
(1)
Agricultural activity;
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article;
(3)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility;
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the SMO;
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the City on or before the effective date of this
article;
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this article;
(7)
Cemetery graves;
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
(9)
Emergency activity immediately necessary to protect
life, property or natural resources;
(10)
Activities of an individual engaging in home gardening
by growing flowers, vegetables or other plants primarily for use by
that person and his or her family; and
(11)
Landscaping and horticultural activities in connection
with an existing structure.
D.
Conflict. Where the conditions imposed by any provisions
of this article are either more restrictive or less restrictive than
comparable conditions imposed by any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall
govern.
A.
The City shall designate an SMO who shall accept and
review all SWPPPs. The SMO may:
(1)
Review the SWPPPs;
(2)
Upon approval by the Common Council, engage the services
of a registered professional engineer to review the SWPPPs, specifications
and related documents at a cost not to exceed a fee schedule established
by the Common Council; or
(3)
Accept the certification of a licensed professional
that the SWPPPs conform to the requirements of this article.
B.
For all land development activities subject to review
and approval by the Planning Board, Planning Commission, or City Engineer
under site plan, subdivision, or floodplain development permit regulations,
the applicant or developer shall be required to submit a SWPPP that
complies with the requirements of this article to the SMO, and the
land development activity shall be reviewed subject to the standards
contained in this article.
(1)
Review by SMO. Within 45 days of receipt of a SWPPP,
the SMO shall forward the SWPPP, together with his or her written
recommendation to approve, approve with modifications, or disapprove
the SWPPP, to such employee, officer, or board of the City which is
reviewing an application for approval of a land development activity
requiring submission of a SWPPP. A recommendation of approval shall
only be given if the SWPPP complies with the requirements of this
article. In making a recommendation to approve with modifications
or disapprove the SWPPP, the SMO shall state the reasons for the decision
in writing.
(2)
Review by final reviewing body. The employee, officer
or board of the City reviewing the application for approval of a land
development activity shall review the SWPPP and recommendation of
the SMO and shall act to approve, approve with modifications, or disapprove
the SWPPP. Such reviewing body shall not act to approve the SWPPP
unless it complies with the requirements of this article. If the reviewing
body acts to approve with modifications or disapprove the SWPPP, the
reasons for the decision shall be stated in writing. In order to be
approved, the applicant shall revise a SWPPP that has been approved
with modifications or disapproved in accordance with the recommendations
of the reviewing body and shall submit the revised SWPPP to such body
for review.
C.
For all land development activities not subject to review by the Planning Board, Planning Commission, or City Engineer as stated in § 48-10B of this article, the applicant or developer shall be required to submit a SWPPP prepared in accordance with the standards contained in this article to the SMO and such SWPPP must be approved prior to commencement of the land development activity. Within 45 days of receipt of a SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP. Approval shall only be given if the SWPPP complies with the requirements of this article. In approving with modifications or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed and no land development activity shall be commenced until
the SMO or such employee, officer or board of the City which may be
reviewing an application for approval of a land development activity
requiring submission of a SWPPP has received a SWPPP that complies
with the specifications in this article and has approved such SWPPP.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including the location, type and size of the project;
(b)
Site map/construction drawing(s) for the project,
including a general location map. The site map should be at a scale
of no smaller than one inch to 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 land development activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharge(s);
(c)
Description of the soil(s) present at the site;
(d)
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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(e)
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;
(f)
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;
(g)
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 close-out;
(h)
A site map/construction drawing specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to
permanent control measures;
(k)
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;
(l)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(o)
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; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(2)
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 48-11B(3) of this article as applicable:
(a)
Condition A: Stormwater runoff from land development
activity discharging a pollutant of concern to either an impaired
water identified on DEC'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.
(b)
Condition B: Stormwater runoff from land development
activity disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development
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.
(3)
SWPPP requirements for Condition A, B or C (postconstruction
stormwater runoff controls):
(b)
Description of each postconstruction stormwater
management practice;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(h)
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; and
(4)
The SWPPP shall be prepared by a licensed professional
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 article.
C.
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. Any notice of intent (NOI) submitted
to DEC pursuant to the SPDES General Permit for Construction Activities
GP-02-01 shall be submitted to the SMO concurrently therewith.
D.
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 be included with
and become part of the SWPPP for the land development activity.
E.
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.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purposes of this article,
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 article:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards set forth in § 48-12A of this article, the applicant or developer must demonstrate equivalence to such technical standards.
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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
activity or his/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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)
For land development activities meeting Condition A, B or C in § 48-11B(2) of this article, 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.
(3)
The applicant or developer or his/her representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices.
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 City to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
City.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 48-12 of this article.
(4)
Maintenance agreements. The City shall approve a formal
maintenance agreement for stormwater management facilities 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 Appendix A of this article entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1] The City, 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 article and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary
to determine compliance with this article 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 article and the
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following, as required
by the SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; or
[8]
Successful establishment of landscaping in public
areas.
(b)
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 SMO.
(2)
Stormwater management practice inspections. The SMO
is responsible for conducting inspections of SMPs. All applicants
are required to submit as-built plans for any SMPs located on-site
after final construction is completed. The plan must show the final
design specifications for all stormwater management facilities and
must be certified by a professional engineer.
(3)
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.
(4)
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
(5)
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 storm water system, the landowner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 48-14A(3) of this article.
B.
Performance guarantee.
(1)
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 City in
its approval of the SWPPP, the City 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 City as the beneficiary. The security shall be in an
amount to be determined by the City 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 City, 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 City. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
(2)
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 City 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 City may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The City may require entities subject
to this article to maintain records demonstrating compliance with
this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the City determines that
a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner, developer, and/or applicant. The notice
of violation shall contain:
(a)
The name and address of the landowner, developer,
and/or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action; and
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed.
(f)
A statement that the determination of violation
may be appealed to the City by filing a written notice of appeal within
15 days of service of notice of violation.
(2)
Stop-work orders. The City may issue a stop-work order
for violations of this article. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the City confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this article.
(3)
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates any
of the provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $250 and/or imprisonment for a period not
to exceed 15 days.
(5)
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the SMO may prevent the occupancy of said building
or land.
(6)
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 City
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
D.
Fees. The City may require any person undertaking
land development activities regulated by this chapter to pay a fee,
as set by the Common Council from time to time, for review of SWPPPs
and related inspections.
