[Added 10-1-1997 by L.L. No. 2-1997;
amended 11-1-2006 by L.L. No. 3-2006]
This article shall be known as the "Stormwater
Ordinance."
The Town of Cortlandville finds that uncontrolled
drainage and runoff associated with land development has a significant
impact upon the health, safety, and welfare of the community. Specifically:
A.
Many future problems can be avoided if land is developed
in accordance with sound stormwater runoff management practices.
B.
Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
C.
Construction requiring land clearing and the alteration
of natural topography tends to increase erosion leading to siltation
of water bodies decreasing their capacity to hold and transport water,
damaging public and private property, and harming flora and fauna.
D.
Stormwater runoff can carry pollutants into receiving
water bodies, degrading the quality of groundwater and surface waters.
E.
Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which occur, endangering
property and human life.
F.
Improper design and construction of drainage facilities
can increase the velocity of runoff thereby increasing streambank
erosion and sedimentation.
G.
Improper design and construction of stormwater management
facilities can significantly increase the pollutant load to streams
and to groundwater, threatening fish and wildlife, as well as public
water supplies.
H.
Substantial economic losses can result from these
adverse impacts on community waters.
It is the purpose of this article to protect,
maintain, and enhance both the immediate and the long-term health,
safety, and general welfare of the citizens of the Town of Cortlandville,
by regulating site preparation and construction activities so as to
manage stormwater runoff and prevent problems related to erosion,
sedimentation, flooding or drainage. In relation to this purpose this
article has the following objectives:
A.
Prevent increases in the magnitude and frequency of
stormwater runoff to prevent an increase in flood flows and in the
hazards and costs associated with flooding.
B.
Prevent any net increase in stormwater runoff between
predevelopment and postdevelopment conditions.
C.
Prevent decreases in groundwater recharge and stream
base flow to maintain aquatic life, assimilative capacity, and potential
water supplies.
D.
Control erosion and sedimentation to prevent its deposition
in streams, drainage facilities, and other receiving water bodies.
E.
Facilitate the removal of pollutants in stormwater
runoff to maintain groundwater quality and to perpetuate the natural
biological functions of streams.
F.
To the extent practical, secure multiple community
benefits such as groundwater replenishment, open space protection
and increased recreational opportunity through integrated land use
and stormwater management planning.
G.
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, GP-02-01, or as amended
or revised.
In accordance with Article 9 of the Town Law,
the Town of Cortlandville has the authority to enact ordinances for
the purpose of promoting the health, safety or general welfare of
the Town of Cortlandville, including protection of the property of
its inhabitants. By the same authority, the Town of Cortlandville
may include in any such ordinance provisions for the appointment of
any municipal officer or employees to effectuate and administer such
ordinance. No provision in this article shall supersede more stringent
guidelines already in existence.
A.
Upon approval of this article by the Town of Cortlandville,
all site preparation and construction activities requiring approval
under this article shall be in conformance with the provisions set
forth herein.
B.
It has been established that land clearing, land grading,
earth moving, paving or development activities can have a significant
effect on the environment, therefore, no person, corporation, organization,
or public agency shall, on or after the effective date of the article:
(1)
Initiate any land clearing, land grading, earth moving,
paving, property subdivisions, or construction or development activities,
where such activities otherwise require a special or conditional permit,
or site plan review, without first preparing a stormwater pollution
prevention plan (herein referred to as a SWPPP) and obtaining approval
of said plan from the Town; or
(2)
Initiate any land clearing, land grading, earth moving,
paving, subdivisions, or construction or development activities, where
such activities require a permit under the New York State Pollution
Discharge Elimination System (SPDES) General Permit for Construction
Activities, GP-02-01, or as amended or revised, without first preparing
a SWPPP and obtaining approval of said plan from the Town; or
(3)
Alter any drainage system without first preparing
a SWPPP and obtaining approval of said plan from the Town.
C.
Exemptions. The following activities, as described
below, are exempt from the SWPPP requirements:
(1)
Development projects or subdivisions which result
in less than one acre of land disturbance, and which result in an
increase in impervious surface less than 10,000 square feet, and which
result in a total impervious surface less than 35% of the total postdevelopment
lot area.
(2)
Agricultural activities that are not part of a construction
activity.
(3)
Subdivisions which result in the creation of less
than four lots.
D.
All development projects that are required to prepare a SWPPP under this article must meet the performance standards for erosion and sediment control, as described under § 178-91C of this article.
E.
All development projects that are required to prepare a SWPPP under this article must meet the performance standards for water quality and water quantity management, as described under § 178-91D of this article, except:
(1)
Agricultural activities that must prepare a SWPPP
under this article do not have to meet the performance standards for
water quality and water quantity management.
(2)
Individual single-family homes do not have to meet
the performance standards for water quality and water quantity management.
(3)
Residential subdivisions consisting of single-family
homes, where the overall plan of development will result in a total
land disturbance of less than five acres, do not have to meet the
performance standards for water quality and water quantity management.
A.
SWPPPs shall be prepared in accordance with the minimum
performance standards in order to achieve the purposes and objectives
of this article.
B.
All SWPPPs shall comply with, or be consistent with:
(1)
Design Manual. The New York State Stormwater Management
Design Manual (New York State Department of Environmental Conservation,
most current version or its successor, hereafter referred to as the
Design Manual).
(2)
Erosion Control Manual. New York Standards and Specifications
for Erosion and Sediment Control, (Empire State Chapter of the Soil
and Water Conservation Society, 2004, most current version or its
successor, hereafter referred to as the Erosion Control Manual).
C.
Performance standards for erosion and sediment control.
An erosion and sediment control plan is a plan for controlling runoff
and pollutants from a site during and after construction activities
utilizing erosion and sediment controls. Erosion and sediment controls
are temporary or permanent structural or nonstructural practices implemented
during construction. The principal objectives are to reduce or eliminate
erosion during construction, minimize water quality impacts to surface
waters or groundwater, control runoff during and after construction,
and maintain stormwater controls during and/or after completing construction.
(1)
Sediment control practices and measures, where necessary,
should be designed to protect the natural character of rivers, streams
or other water bodies on site and minimize erosion and sedimentation
off site from the start of land disturbance activities to establishment
of permanent stabilization.
(2)
Erosion and sediment control measures shall be constructed
prior to beginning any other land disturbances. The devices shall
be maintained and shall not be removed until the disturbed land areas
are stabilized.
(3)
The smallest area of land practical, not exceeding
two acres, shall be exposed by site preparation at any given time
and that exposure will be kept to the shortest practical period of
time.
(4)
Prior to, during, and after site preparation and construction,
an integrated drainage system shall be provided which at all times
minimizes erosion, sediment, hazards of slope instability, and adverse
effects on neighboring property owners.
(5)
Sites should be seeded and mulched with erosion control
materials such as straw mulch, jute mesh, or excelsior (wood shavings)
within three days of final grading. If construction has been suspended,
or sections completed, areas should be seeded immediately and stabilized
with erosion control materials. Maintenance should be performed as
necessary to ensure continued stabilization.
D.
Performance standards for water quality and water
quantity management.
(1)
The performance standards required for this article
shall be equivalent to the unified stormwater sizing criteria contained
in Chapter 4 of the Design Manual and the performance criteria for
water quality treatment contained in Chapter 6 of the Design Manual.
(2)
Certain types of projects in environmentally sensitive
areas, such as primary or principal aquifer protection areas, may
require a more stringent SWPPP.
A.
It is the responsibility of an applicant to prepare
a SWPPP so that the Town can evaluate the environmental characteristics
of the affected areas and evaluate the potential and predicted impacts
of the proposed activity on the community's surface water and groundwater,
existing and proposed infrastructure, neighboring properties, and
the effectiveness and acceptability of those measures proposed by
the applicant for reducing or mitigating adverse impacts.
B.
The SWPPP shall be consistent with the purposes and
objectives of this article.
C.
The exact requirements of the SWPPP will depend upon
the location, size, and scope of the proposed project. The SWPPP developed
will be reviewed for attenuation of peak discharge, total runoff reduction,
erosion/sediment control, and water quality protection.
D.
Preparation of the SWPPP shall follow guidance provided
by NYSDEC, such as the Instruction Manual for Stormwater Construction
Permit, (NYSDEC, July 2004), most current version or its successor.
E.
Content of erosion and sediment control plans. Erosion and sediment control plans required under § 178-90D of this article are equivalent to "basic" SWPPPs defined by NYSDEC, and must, at a minimum, include the following:
(1)
Background information about the scope of the project,
including the location, type and size of 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;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s), wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharge(s).
(3)
A description of the soil(s) present at the site.
(4)
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. Consistent
with the New York Guidelines for Urban 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.
(5)
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.
(6)
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.
(7)
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.
(8)
A site map/construction drawing(s) showing the specific
location(s), size(s), and length(s) of each erosion and sediment control
practice.
(9)
The dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basin.
(10)
Identification of temporary practices that will
be converted to permanent control measures.
(11)
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.
(12)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practices.
(13)
The names(s) of the receiving water(s).
(14)
A delineation of implementation responsibilities
for each part of the site.
(15)
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.
(16)
Any existing data that describes the stormwater
runoff characteristics at the site.
F.
Content of water quality and water quantity management plans. Water quality and water quantity management plans required under § 178-90E of this article are equivalent to "full" SWPPPs defined by NYSDEC, and must, at a minimum, include the following:
(2)
A description of each postconstruction stormwater
control practice.
(3)
A site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater control
practice.
(4)
A hydrologic and hydraulic analysis for all structural
components of the stormwater control system for the applicable design
storms.
(5)
A comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions.
(6)
The dimensions, material specifications and installation
details for each postconstruction stormwater control practice.
(7)
A maintenance plan and schedule to ensure continuous
and effective operation of each postconstruction stormwater control
practice.
G.
The Town Planning Board may require additional public
safety measures and controls in the design and maintenance of stormwater
management facilities or erosion and sediment control practices.
H.
Additional information or data may be required by
the Town as deemed appropriate.
I.
The Town may require that plans and design reports
be sealed by a licensed professional engineer indicating that the
plans have been designed in accordance with this stormwater management
and erosion and sediment control article and the regulations, standards
and criteria set forth herein.
J.
Fees shall be charged for the review of SWPPPs beyond
those fees applicable to any other approvals to which a development
project may be subject. Inspection fees shall be applicable when a
project commences.
K.
Applicable fees shall be determined by the Town Board.
A.
The SWPPP shall be submitted to the Cortlandville
Planning Board at least 10 working days prior to the date of any regularly
scheduled Planning Board meeting at which the plan may be considered.
The plan shall be submitted with a SWPPP checklist form completed
by the submitter to certify the completeness of the plan. Incomplete
plans will not be considered at the Planning Board meeting. A copy
of an updated SWPPP checklist form can be acquired from the Cortlandville
Town Clerk.
B.
The Town may require review of and comments on the
plan by outside consultants or qualified professionals.
C.
The Town will review the plan as submitted and, because
it is a preliminary action and not final, Town action shall be given
as preliminary or conceptual approval, with modification, or disapproval.
If preliminary approval, or approval with modification is given, submission
of a final application shall be required wherein requested modifications
shall be satisfied and final approval may be given.
D.
The Town Planning Board shall act to approve or disapprove
the SWPPP within the time frames set forth for the other approvals
to which the development project is subject under its jurisdiction,
or within 60 days of the date upon which the plan is determined to
be in compliance with this article.
E.
No SWPPP shall be approved without certification by
the owner or developer that all work will be accomplished pursuant
to the plan, and of the right of the Town and/or consultants to the
Town to conduct on-site inspections before, during and at the conclusion
of construction activities.
A.
The Town may conduct such inspections as necessary
to determine compliance with this article. The Town 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 approved SWPPP.
B.
Inspections may be performed by the Town Code Enforcement
Officer, outside consultants under contract with the Town, and/or
other qualified professionals under agreement with the Town to perform
such inspections.
C.
At a minimum, the applicant shall notify the Town
or designated inspector at least 48 hours before any of the following
occurs:
(1)
Installation of sediment and erosion control measures.
(2)
Completion of site clearing, and rough grading.
(3)
Completion of final grading.
(4)
Backfilling of any underground drainage or stormwater
structure or conveyance.
(5)
Close of the construction season.
(6)
Completion of final landscaping.
D.
The Town may require other inspections, in addition to those identified under Subsection C of this section, for specific land development projects. In such cases, the Town shall provide the developer with a list and schedule for required inspections.
E.
If any violations are found during an inspection,
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 Town.
F.
The Town may conduct random inspections to ensure
effective control of erosion and sedimentation during all phases of
construction.
G.
The applicant shall certify to the Town by the submission
of as-built plans that the construction of stormwater management facilities
and structures conform to the approved SWPPP.
H.
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.
I.
Submission of reports. The Town, or its agent, may
require monitoring and reporting from entities subject to this article
as are necessary to determine compliance with this article.
J.
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 a public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection H of this section.
K.
The Town
may require that the stormwater system be tested to insure that the
system operates as designed.
[Added 12-16-2009 by L.L. No. 3-2009]
A.
Maintenance during construction.
(1)
The applicant or developer of the land development
activity 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)
The applicant or developer or their 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. Inspection reports shall be
completed as required under GP-02-01.
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 Town 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
Town.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall operate and maintain said practices 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.
D.
Maintenance agreements.
(1)
The Town of Cortlandville 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 Schedule
B of this article, entitled Sample Stormwater Control Facility Maintenance
Agreement.[1] The Town of Cortlandville, 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: A copy of the maintenance agreement
is on file in the Town's offices.
(2)
The Town of Cortlandville shall determine whether
stormwater management facilities are to be maintained by the developer/owner,
a homeowner's association, or by the Town.
(a)
The developer or owner shall be responsible
for maintenance of stormwater facilities for commercial and industrial
developments unless a determination is made otherwise by the Town
Board.
(b)
If maintenance is to be performed by a homeowner's
association, the homeowner's association must be registered pursuant
to § 352-e of the New York State General Business Law.
(c)
If maintenance is to be performed by the developer or property owner or homeowner's association, a maintenance plan containing a maintenance schedule shall be prepared by the developer, owner and/or homeowner's association for approval by the Town [see § 178-92F(7)]. Reports on maintenance activities, including any water quality data, as scheduled in the maintenance plan shall be submitted to the Town within 30 days of completion of the activity. The Town may request the services of an outside consultant, expert or specialist to review the report.
(d)
Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the Town shall give the owner or homeowner's association written notice of the nature of the existing defects. If the owner or homeowner's association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Town, the Town may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to § 178-98 of this article or by the homeowner's association. In the event that the homeowner's association fails to pay for required corrective action, the Town shall have a lien placed on the real property of members of the homeowner's association until payment is made.
(3)
Stormwater management facilities may be dedicated
to the Town of Cortlandville for purposes of maintenance by mutual
consent and agreement of the developer/owner and the Town.
The Town of Cortlandville may allow residential
stormwater runoff to be discharged into stormwater management facilities
off the site of development to a regional stormwater management facility,
if all of the following conditions are met:
A.
The regional drainage facilities and channels leading
to them are designed, constructed and maintained in accordance with
the requirements of this article.
B.
Adverse environmental impacts on the site of development
will be minimized.
(1)
All plans must be consistent with downstream stormwater
management facilities. If the plan cannot be consistent, then adequate
provisions must be made for the sharing of construction and operating
costs of regional facilities. The developer may be required to pay
a portion of the cost of constructing the facilities as a condition
to receiving approval of the SWPPP.
(2)
Use of regional off-site stormwater management facilities
does not eliminate the requirement that the first flush be captured
and treated on site pursuant to the performance standards if water
quality is a concern.
(3)
A request to use regional stormwater management facilities
and all information related to the proposed regional off-site facilities
shall be made a part of the SWPPP.
(4)
The potential groundwater impairments from stormwater
runoff shall not impact public or private water supply wells.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town in
its approval of the SWPPP, the Town may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project
and names the Town as the beneficiary. The security shall be in an
amount to be determined by the Town 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, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Town. Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town with an irrevocable letter of
credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
A.
Nuisance. Any development activity that is commenced
without prior approval of a SWPPP or is conducted contrary to an approved
SWPPP, as required by this article, may be restrained by injunction
or otherwise abated in a manner provided by law.
B.
Civil and criminal penalties. In addition to or as
an alternative to any penalty provided herein or law, any person who
violates the provisions of this article shall be punished by a fine
of not less than $100 nor more than $1,000 per offense or by imprisonment
for a period not to exceed 60 days, or by both such fine and imprisonment.
Such person shall be guilty of a separate offense for each day during
which the violation occurs or continues.
C.
Any violator may be required to restore land to mitigate
the disturbance, in a manner similar to its undisturbed condition.
In the event that restoration is not undertaken within a reasonable
time after notice, the Town may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
D.
Notice of violation. When the Town of Cortlandville
determines that development activity is not being carried out in accordance
with the requirements of this article, it shall issue a written notice
of violation to the owner of the property. The notice of violation
shall contain:
(1)
The name and address of the owner or applicant.
(2)
The street address, when available, or a description
of the building, structure, or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial actions necessary to
bring the development activity into compliance with this article and
a time schedule for completion of such remedial action.
(5)
A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of violation
is directed.
(6)
A statement that the determination of violation may
be appealed to the Town of Cortlandville by filing a written notice
of appeal within 20 days of service of notice of violation.
E.
The notice of violation shall be served upon the person(s)
to whom it is directed either personally, in a manner provided for
personal services of notices by the court of local jurisdiction, or
by mailing a copy of the notice of the violation by certified mail,
postage prepaid, return receipt requested to such person at his or
her last known address.
F.
A notice of violation issued pursuant to this section
constitutes a determination from which an administrative appeal may
be taken to the Town of Cortlandville.
Any person aggrieved by the action of any official
charged with the enforcement of this article, as the result of the
disapproval of a SWPPP, issuance of a written notice of violation,
or an alleged failure to properly enforce the article in regard to
a specific application, shall have the right to appeal the action
to the Town of Cortlandville. The appeal shall be filed in writing
within 20 days of the date of official transmittal of the final decision
or determination to the applicant, shall state clearly the grounds
on which the appeal is based, and shall be processed in the manner
prescribed for hearing administrative appeals under (state/local code
provision).
