A. 
Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition. This stormwater runoff contributes to increased quantities of waterborne pollutants. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.
B. 
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 in the watersheds within the Town of Henrietta. Therefore, the Town of Henrietta establishes this set of water quality and quantity policies to provide reasonable guidance for the regulation of stormwater runoff and to, in addition to the above, safeguard persons, protect property, prevent damage to the environment in Town of Henrietta, and comply with the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from municipal separate storm sewer systems (MS4s), for the purpose of protecting local water resources from degradation.
C. 
It is determined that the regulation of stormwater runoff discharges from land development projects and other construction 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 prevent threats to public health and safety.
A. 
This article shall be applicable to land disturbance activities as defined in § 236-2 of this chapter, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 236-31 as applicable unless eligible for an exemption or granted a waiver by the Town of Henrietta in accordance with § 236-29 of this article:
(1) 
Condition A: stormwater runoff from land disturbance activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(2) 
Condition B: stormwater runoff from land disturbance activities disturbing five or more acres.
(3) 
Condition C: stormwater runoff from land disturbance activity disturbing between one acre 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.
(4) 
Condition D: stormwater runoff from land disturbance activity that are smaller than one acre of disturbance if such activities are part of a larger common plan of development, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
B. 
All plans, documents and information required by this article must be reviewed by the Stormwater Management Officer to ensure that established water quality standards will be maintained during and after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans.
C. 
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 236-2 of this chapter, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Stormwater Management Officer. This applies to all redevelopment projects that are greater than or equal to one acre.
D. 
The following activities may be exempt from the requirements of this article:
(1) 
Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
(2) 
Agricultural activity as defined in § 236-2.
(3) 
Silvicultural activity, except that landing areas and log haul roads are subject to this article.
(4) 
Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
(5) 
Repairs to any stormwater treatment practice deemed necessary by the Town of Henrietta.
A. 
This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this law imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health and/or the environment shall be considered to take precedence.
B. 
Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or ordinances.
A. 
No person(s) shall receive any of the building, grading or other land disturbance approvals or permits required for land disturbance activities without first meeting the requirements of this article to the satisfaction of the Town of Henrietta.
B. 
Unless specifically excluded by this article, any landowner or operator desiring approval or a permit for a land disturbance activity shall comply with all applicable provisions of this article and shall submit all required plans, documentation and information as required under this article to the Town of Henrietta for review and approval.
C. 
Required documentation.
(1) 
Unless otherwise accepted by this article, the following items shall be submitted prior to the issuance of a permit or site plan approval:
(a) 
Stormwater pollution prevention plan (SWPPP). (See § 236-31.)
(b) 
Maintenance easement(s). (See § 236-32.)
(c) 
Maintenance agreement(s). (See § 236-32.)
(2) 
The SWPPP shall be prepared to meet the requirements of § 236-31 of this article. The maintenance agreement shall be prepared to meet the requirements of § 236-32 of this article and any applicable fees.
(3) 
The SWPPP and all other documents required by this article must be reviewed by the Stormwater Management Officer to ensure that established water quality standards will be maintained after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans. Information shall be submitted as a single, logical package, with all information bound together.
A. 
The applicant shall consult the Town of Henrietta's design criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. 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. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this section and § 236-31 of this article, and the SWPPP shall be prepared by a licensed/certified professional.
B. 
The following design and performance criteria shall be addressed for stormwater management at all sites:
(1) 
All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practicable to provide treatment for both water quality and quantity.
(2) 
All stormwater runoff generated from new development shall not discharge untreated stormwater directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the Town of Henrietta. In no case shall the impact on functional values be any greater than that allowed by the Army Corps of Engineers (COE) or the NYSDEC responsible for natural resources.
(3) 
An attempt shall be made to maintain annual groundwater recharge rates by promoting infiltration through the use of structural and nonstructural methods. At a minimum, an attempt shall be made for annual recharge from the postdevelopment site to mimic the annual recharge from predevelopment site conditions.
(4) 
In order to protect stream channels from degradation, a specific channel protection criteria shall be provided as prescribed in the New York State Stormwater Management Design Manual.
(5) 
Stormwater discharges to critical areas with sensitive resources may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices.
(6) 
Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots," may require the use of specific structural stormwater treatment practices and pollution prevention practices.
(7) 
Prior to design, applicants are required to consult with the Town of Henrietta to determine if they are subject to additional stormwater design requirements.
(8) 
The calculations for determining peak flows (WQv) as found in the New York State Stormwater Management Design Manual shall be used for sizing all stormwater management practices.
A. 
A SWPPP is required as part of the compliance with this article. This plan must be prepared by a qualified professional and must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices and shall also include sufficient information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The plan must be signed by a New York State licensed professional engineer (PE), who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the New York State Stormwater Management Design Manual. No building or grading permit or site plan approval shall be issued until a satisfactory stormwater pollution prevention plan, or a waiver thereof, has undergone a review and been approved by the Town of Henrietta after determining that the plan or waiver is consistent with the requirements of this article.
B. 
The applicant shall employ a responsible individual, as defined in § 236-2 of this chapter, who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Town of Henrietta within five days after the month's end.
C. 
All SWPPPs shall provide the following information:
(1) 
All information listed in Article III, Stormwater Control; Erosion and Sediment Control, § 236-21.
(2) 
Description of each postconstruction stormwater management practice.
(3) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice. The map(s) will also clearly show proposed land use with tabulation of the percentage of surface area to be adapted to various uses. A written description of the site plan and justification of proposed changes in natural conditions may also be required.
(4) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms, including calculations such as a description of the design storm frequency, intensity and duration; time of concentration; soil curve numbers or runoff coefficients; peak runoff rates and total runoff volumes for each watershed area; infiltration rates, where applicable; culvert capacities; flow velocities; data on the increase in rate and volume of runoff for the design storms referenced in the New York State Stormwater Management Design Manual, and documentation of sources for all computation methods and field test results.
(5) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(6) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
(7) 
The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures, including a schedule to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.
(8) 
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 236-32 of this article for additional information.
(9) 
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 236-32 of this article for additional information.
(10) 
The SWPPP shall be prepared by a qualified professional, and the final plan must be signed by a New York State licensed professional engineer, who shall certify that the design of all stormwater management practices meet the requirements in this article.
(11) 
A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.
(12) 
The Town of Henrietta may also require a concept plan to consider the maximum development potential of a site under existing zoning, regardless of whether the applicant presently intends to develop the site to its maximum potential.
(13) 
The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a registered landscape architect or by the soil and water conservation district and in compliance with landscaping specifications outlined in the New York State Stormwater Management Design Manual.
(14) 
The applicant shall assure that all other applicable environmental permits have been acquired for the site prior to approval of the final stormwater design plan.
A. 
Maintenance easement. The applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Henrietta, or its contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and to if necessary implement emergency repairs to protect the health, safety and welfare of the public. The easement dimensions shall be as directed by the Building Inspector or designee and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to the Town of Henrietta.
[Amended 6-26-2019 by L.L. No. 5-2019]
B. 
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, at 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 stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 236-2 of this chapter.
C. 
Maintenance agreements. The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the Building Inspector or designee and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The maintenance agreement shall be consistent with the terms and conditions of the stormwater control facility maintenance agreement.
[Amended 6-26-2019 by L.L. No. 5-2019]
D. 
Requirements of maintenance agreements. All stormwater management facilities must undergo, at the minimum, a five-year inspection by a qualified professional in erosion and sediment control at the expense of the landowner, to document maintenance and repair needs to ensure compliance with the requirements of this article and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be identified in writing, along with the schedule and methods to be employed to complete the maintenance. The maintenance repairs and restoration schedule are to be approved by the Building Inspector or designee prior to commencing the work, and the Town of Henrietta shall inspect the facility upon completion of the work. The inspection and maintenance requirement may be increased by the Town of Henrietta as deemed necessary to ensure proper functioning of the stormwater management facility.
[Amended 6-26-2019 by L.L. No. 5-2019]
E. 
Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the Town of Henrietta during inspection of the facility and at other reasonable times upon request.
F. 
Maintenance guarantees for privately owned stormwater facilities. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the applicant or by a corporation that owns or manages a commercial or industrial facility, the applicant, prior to construction, may be required to provide the Town of Henrietta 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 Town of Henrietta acknowledges compliance with all details of approved site plan. If the applicant or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Henrietta may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs, until the Town of Henrietta acknowledges compliance with all details of the approved site plan.
A. 
The Building Inspector or his/her designated agent shall make inspections at the expense of the landowner as set forth in the attached fee schedule,[1] at any reasonable time for purposes of inspecting the construction of the stormwater management facilities. Inspections may include but are 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 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. If any violations are found, the property owner shall be notified of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the Town of Henrietta.
[Amended 6-26-2019 by L.L. No. 5-2019]
[1]
Editor's Note: See Ch. A301, Fee Schedules.
B. 
Furthermore, when any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, or combined sewer, the property owner shall grant to the Town of Henrietta the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.
All applicants are required to submit actual as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a New York State licensed professional engineer. A final inspection by the Town of Henrietta is required before the release of any performance securities can occur.
All applicants are responsible for maintaining the grading of the site so that it is consistent with the certified as-built plans. Any postconstruction alterations to the landscape shall receive prior approval from the Town of Henrietta. Temporary landscape alterations, such as those associated with utility excavations and landscaping activities, must be restored to conditions that are consistent with the certified as-built plans.