[Adopted by the Clarkson Town Board as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-11-2007 by L.L. No. 7-2007]
A.
Land Disturbance Activities 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.
During the construction process, soil is the most
vulnerable to erosion by wind and water. This eroded soil endangers
water resources by reducing water quality and causing the siltation
of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates maintenance and/or repair of sewers and ditches,
and the dredging of Waterways. In addition, Clearing and/or Grading
during construction tends to increase soil erosion and causes the
loss of native vegetation necessary for terrestrial and aquatic habitat,
and to provide a healthy living environment for citizens of the Town
of Clarkson. Improper design and construction of Stormwater Management
practices can increase the velocity of Stormwater Runoff thereby increasing
streambank erosion and sedimentation. Impervious surfaces allow less
water to percolate into the soil, thereby decreasing groundwater recharge
and stream baseflow. Regulation of Land Disturbance 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.
C.
As a result, the purpose of this local regulation
is to safeguard public health, protect property, prevent damage to
the environment and promote the public welfare by guiding, regulating,
and controlling the design, construction, use, and maintenance of
any development or other activity which disturbs or breaks the topsoil
or results in the movement of earth on land in the Town of Clarkson.
It seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the 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 Disturbance Activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities or as amended or revised;
(3)
Minimize increases in Stormwater Runoff from Land
Disturbance 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 Disturbance 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 to ensure that these management practices
are properly maintained and eliminate threats to public safety.
The following words, terms or phrases, many
of which would not normally be capitalized, are capitalized in this
article. The intent of this capitalization is to call attention to
the fact that the word, term or phrase is a defined term. For the
purpose of this article, the following shall mean:
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 Disturbance Activity.
Any activity which removes the vegetative surface cover.
Individual(s) directed by the Town of Clarkson to conduct
Site inspections and/or perform other municipal duties.
Construction activities, including Clearing, Grading, excavating,
soil disturbance or placement of fill that result in land disturbance.
Measures that minimize erosion.
All soil-disturbing activities at the Site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures, such as the use of mulches or
geotextiles, have been employed on all unpaved areas and areas not
covered by permanent structures.
Excavation or fill of material, including the resulting conditions
thereof.
Construction activity, including Clearing, Grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct Land Disturbance Activities may take place at different
times on different schedules.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and Sediment Control (CPESC).
The most recent version of this publication which is commonly
known as the "Blue Book."
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, that serves as the official
guide for Stormwater Management principles, methods and practices.
Clearing a parcel of land in distinct sections, with the
Stabilization of each section before the Clearing of the next.
The Planning Board of the Town of Clarkson as established in Chapter 27 of the Town of Clarkson Code.
A person knowledgeable in the principles and practices of
erosion and Sediment Controls, such as a licensed professional engineer,
registered landscape architect, certified professional in erosion
and Sediment Control (CPESC), or soil scientist.
As related to inspection of construction Site Erosion Controls,
any person with an in-depth understanding of the principles and practices
of erosion and Sediment Control, Stormwater Management and the proper
procedures and techniques for the installation and maintenance of
erosion and Sediment Control features.
Measures that prevent eroded sediment from leaving the Site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land, or a contiguous combination thereof, where
Grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements which show the arrangement, layout and design of
the proposed use of a single parcel of land as shown on said plan.
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.
The first Land Disturbance Activity associated with a development,
including land preparation such as Clearing, Grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce Stormwater Runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
The Building Inspector of the Town of Clarkson who shall
accept and review Stormwater Pollution Prevention Plans, forward the
plans to the applicable municipal board and inspect Stormwater Management
practices.
A plan for controlling Stormwater Runoff and pollutants from
a Site during and after construction activities.
The 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 channel that directs surface runoff to a watercourse, or
to the public storm drain.
This article shall be applicable to all Land Disturbance Activities that will disturb one or more acres of land unless exempted under § 110-7C of this article. This article also applies to Land Disturbance Activities that are less than one-acre disturbance if such activities are part of a larger common plan of development or sale that will disturb one or more acres of land, even though multiple separate and distinct Land Disturbance Activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the
Applicant of the obligation and responsibility to obtain separate
coverage under the NYSDEC SPDES General Permit for Construction Activities
if required. For projects also applying for coverage under the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activity,
the Applicant shall submit a copy of the Stormwater Pollution Prevention
Plan (SWPPP), a notice of intent (NOI) with a certification statement
including the date demonstrating submission to the NYSDEC, a letter
of permission from the NYSDEC granting approval to disturb five acres
or greater of land at one time (if applicable) and any related documents
to the Stormwater Management Officer for review and approval.
B.
The requirements of this article should be considered
minimum requirements and where any provision of this article imposes
restrictions different from those imposed by any other federal, state,
or local ordinance, local law, rule or regulation, or other provision
of law, the provisions that are more restrictive or impose more stringent
requirements shall take precedence.
In accordance with Article 2 of the Municipal
Home Rule Law and § 64 of the Town Law of the State of New
York, the Town Board of the Town of Clarkson has the authority to
enact laws for the purpose of promoting the health, safety, or general
welfare of the Town of Clarkson, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
of Clarkson Board may include in any such law provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
The Town of Clarkson requires the use of technical
standards for erosion and Sediment Controls. These are detailed in
the Town of Clarkson's design criteria and the New York State Department
of Environmental Conservation's Standards and Specifications for Erosion
and Sediment Control. For the design of water quality and water quantity
controls (postconstruction Stormwater Runoff control practices), the
NYSDEC's technical standards are detailed in the New York State Stormwater
Management Design Manual.
B.
Where Stormwater Management practices are not in accordance
with the aforementioned technical standards, the Applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a Licensed/Certified Professional.
A.
Requirements of application.
(1)
Any Applicant requesting Site Plan Approval or a permit
for Land Disturbance Activity which would require the disturbance
of one or more acres of land shall also include with a submission
a SWPPP that shall be reviewed and approved by the Town of Clarkson
prior to issuance of the final Site Plan Approval or a permit.
(2)
No Applicant shall be granted Site Plan Approval or
a permit which would require the disturbance of one or more acres
of land without the review and approval of a SWPPP by the Town of
Clarkson.
(3)
Furthermore, prior to the issuance of a permit or Site Plan Approval, all projects that would result in the disturbance of one or more acres of land will be required to comply with all applicable provisions of Chapter 110, Article II, Postconstruction Stormwater Pollution Prevention. As part of the SWPPP the Applicant shall include a signed statement that all applicable requirements of Chapter 110, Article II have been met to the satisfaction of the Town of Clarkson.
(4)
Each application shall bear the name(s) and address(es) of the owner or developer of the Site, and of any consulting firm retained by the Applicant, together with the name of the Applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 110-13.
(5)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 110-9 of this article.
(6)
Each application shall include a statement that any
land Clearing, construction, or development involving the movement
of land shall be in accordance with the submitted SWPPP.
(7)
All Land Disturbance Activities, as defined in § 110-2 of this article, not subject to Site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Clarkson who shall approve the SWPPP if it complies with the requirements of this article.
B.
Review of application and decision.
(1)
Upon receipt of a construction application, the Stormwater
Management Officer shall determine if the provisions of this article
are applicable to the proposal.
(2)
If the provisions of this article are not applicable,
the Stormwater Management Officer shall file a written memorandum
in the file stating the reason(s) why this article is not applicable.
(3)
If the provisions of this article are applicable,
the Stormwater Management Officer shall transmit the application to
the Planning Board.
(4)
The Planning Board shall review said application in conjunction with any subdivision and Site plan review pursuant to Chapter 116, Subdivision and Development of Land.
(5)
In situations where application is made after approval
(for example an approved Site plan or subdivision approved prior to
the enactment of this article), the application shall be reviewed
by the Planning Board as a change or modification to the approved
plan.
C.
Exemptions. The following activities are exempt from
review under this article:
(1)
Any emergency activity which is immediately necessary
for the protection of public health, property or natural resources.
(2)
Agricultural Activity as defined in this article.
(3)
Silvicultural Activity, except that landing areas
and log haul roads are subject to this article.
(4)
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.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Clarkson.
The Town of Clarkson may, at its discretion, require the Applicant to submit a financial guarantee in a form acceptable to the Town of Clarkson prior to issuance of Site Plan Approval or a permit in order to insure that the stormwater pollution prevention and erosion and Sediment Control practices are implemented and maintained by the Applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and Sediment Control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 110-11 of this article. At its discretion, the Town Board of the Town of Clarkson may allow for a partial release of the financial guarantee based on the completion of various development stages. The form and type of any such security shall be as set forth in § 116-26, Financial Security.
A.
The Stormwater Management Officer shall accept and
review all SWPPPs and forward such plans to the applicable municipal
board. A consultant cannot be appointed as a Stormwater Management
Officer. The Stormwater Management Officer may review the plans; upon
approval by the City Council/Town Board/Village Board of Trustees,
engage the services of a New York State licensed professional engineer
to review the plans, specifications and related documents at a cost
not to exceed a fee schedule established by said governing board;
or accept the certification of a Licensed/Certified Professional that
the plans conform to the requirements of this article.
B.
Prior to final approval of a Land Disturbance Activity, a SWPPP shall be prepared by the Applicant in accordance with the specifications outlined by the Town of Clarkson and submitted to the Stormwater Management Officer designated by the Town of Clarkson for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a Qualified Professional as defined in § 110-2 of this article. The final plan must be signed by a Licensed/Certified Professional, who will certify that the design of all stormwater pollution prevention and erosion and Sediment Control practices meet the requirements outlined in the Town of Clarkson design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the Site to the satisfaction of the Town of Clarkson.
C.
The requirements to have a SWPPP prepared by a Qualified
Professional and to have the final plan signed and certified by a
Licensed/Certified Professional are not applicable to Land Disturbance
Activities that meet technical standards and are five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development, or an agricultural property. In addition,
these Land Disturbance Activities must not discharge directly to a
303(d) impaired waterbody or must not be located in a Total Maximum
Daily Load (TMDL) watershed.
D.
Minimum requirements. All SWPPPs shall provide the
following background information and erosion and Sediment Controls:
(1)
Background information about the scope of the project,
including location, type and size of project and contact information
that includes the name, address, and telephone number of all person
having a legal interest in the property and the tax reference number
and parcel number of the subject property or properties.
(2)
Site map/construction drawings for the project, including
a general location map and a one-inch-equals-one-hundred-feet topographic
base map of the Site which extends a minimum of 100 feet beyond the
limits of the proposed development. 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 waters, including receiving waters (name
of the water), streams, ponds, culverts, ditches, and wetlands as
well as drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of utilities, roads,
soil types, forest cover, and significant natural and man-made features
not otherwise shown; locations of off-site material, waste, borrow
or equipment storage areas, proposed concrete clean out basins and
construction entrance; locations of the stormwater discharges and
resources protected under other chapters of this Code or by easements.
(3)
Description of the soils present at the Site.
(4)
Construction Phasing plan describing the intended
sequence of construction activities, including Clearing and grubbing,
excavation and Grading, utility and infrastructure installation, final
Grading and landscaping, and any other activity at the Site that results
in soil disturbance. Sequencing shall identify the expected date on
which Clearing will begin and the estimated duration of exposure of
cleared areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
(5)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on Site with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials to stormwater; and a description of spill prevention and
response measures.
(6)
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 disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the Site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
(7)
A Site map/construction drawing specifying the locations,
sizes and lengths of each erosion and Sediment Control practice.
(8)
Illustration of all necessary erosion and Sediment
Control measures, including the siting and sizing of any temporary
sediment basins, providing the dimensions, material specifications
and installation details for each throughout all phases of construction
and completion of development of the Site. Depending upon the complexity
of the project, the drafting of intermediate plans may be required
at the close of each season.
(9)
Identification of all temporary practices that will
be converted to permanent control measures.
(10)
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.
(11)
Identification of the parts or components of the SWPPP
that require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
(12)
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.
(13)
Any existing data that describes the Stormwater Runoff
at the Site.
(14)
Assurance that all other applicable environmental
permits have been acquired for the Site prior to initial land disturbance.
Copies of the applicable environmental permits shall be provided to
the Town of Clarkson.
(15)
Assurance that the Applicant or their Responsible
Individual shall be on Site at all times when Earthwork takes place
and shall inspect and document the effectiveness of all erosion and
Sediment Control practices.
(16)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or Stormwater Management practice
installation and maintenance shall be identified in the SWPPP. All
such contractors and subcontractors shall sign a copy of the following
certification statement before undertaking any Land Disturbance Activity
at the Site: "I certify under penalty of law that I understand and
agree to comply with the terms and conditions of the SWPPP. I also
understand that it is unlawful for any person to cause or contribute
to a violation of the water quality standards." 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. The certification statement must be included in the SWPPP.
E.
Modifications to plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to
the Town of Clarkson and shall be approved or disapproved.
(2)
The Applicant shall amend the SWPPP whenever:
(a)
There is a significant change in design, construction,
operation, or maintenance which may have a significant effect on the
potential for the discharge of pollutants to the waters of the United
States and which has not otherwise been addressed in the SWPPP; or
(b)
The SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and Sediment
Control as required by this article. Amendments to the SWPPP may be
reviewed by the Town of Clarkson. A copy of the newly amended SWPPP
must be provided to the Town of Clarkson within five business days.
(3)
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP. The Town of Clarkson may request copies of signed contractor
certification statements from new contractors/subcontractors working
on the Site.
(4)
Plans that have been approved by the Town of Clarkson
and have had no activity within two years are subject to an informal
review process prior to the commencement of any development activity.
(5)
Field modifications of a minor nature may be authorized
by the Town of Clarkson by written authorization.
A.
Town of Clarkson inspections.
(1)
The Town of Clarkson or a Designated Agent as defined in § 110-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the Applicant that the work fails to comply with the SWPPP. In addition, the Town of Clarkson reserves the right to enter the work Site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or their agent shall be maintained at the Site in the Site logbook from the date of initiation of construction activities to the date of Final Stabilization. To obtain inspections, the Applicant shall notify the Town of Clarkson at least 48 hours before the following activities occur:
(a)
Start of Construction.
(b)
Erosion and Sediment Control measures have been
installed and stabilized.
(c)
Site Clearing has been completed.
(d)
Rough Grading has been completed.
(e)
Final Grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
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 Earthwork shall be conducted
on the Site, except for Site Stabilization, until the violations are
corrected and approved by the Town of Clarkson.
B.
Property owner/developer inspections.
(1)
The Applicant shall employ a Responsible Individual, as defined in § 110-2 of this article, who will oversee the implementation of the SWPPP on a daily basis. The Responsible Individual 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. 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 the Town of Clarkson within five days after the month's end.
(2)
The requirement to employ a Qualified Professional
to inspect and document the effectiveness of all erosion and Sediment
Control practices is not applicable to Land Disturbance Activities
five acres or less occurring on a single-family residence which is
not part of a larger common plan of development or on an agricultural
property. In addition, these Land Disturbance Activities must not
discharge directly to a 303(d) impaired waterbody or must not be located
in a Total Maximum Daily Load (TMDL) watershed.
A.
Duration.
(1)
For a project that requires a NYSDEC SPDES Permit,
the SWPPP approved by the Town of Clarkson shall be in effect until
the Site has been finally stabilized, a notice of termination (N.O.T.)
is submitted to the NYSDEC in accordance with the general permit,
and a final inspection has been completed by the Town of Clarkson.
(2)
For projects that do not require a NYSDEC N.O.T.,
the SWPPP is in effect until a final inspection is conducted and the
Town of Clarkson has issued the Applicant written approval.
B.
Maintenance.
(1)
The Applicant shall at all times properly operate
and maintain all Stormwater Management facilities and erosion and
Sediment Control measures which are installed or used by the Applicant
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%. The Land Disturbance 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.
(2)
At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
Site inspections to monthly inspections. In order to reduce inspection
frequencies, the Applicant must complete Stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a Stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
C.
Closeout. The Applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect Grading of all drainage structures and provide
elevation as-builts to the Town of Clarkson;
(3)
Establish perennial vegetative cover to a density
of 80% over 100% of the Site;
(4)
Removal of all debris and temporary erosion and Sediment
Control practices;
(5)
Provide a written certification by a New York State Licensed/Certified Professional that the Site has undergone Final Stabilization (as defined in § 110-2) and that all temporary erosion and Sediment Controls not needed for long-term Erosion Control have been removed.
(6)
Complete any other measure deemed appropriate and
necessary by the Town of Clarkson to stabilize the project Site.
A.
Stop-work order. The Town of Clarkson may issue a
stop-work order for violations of this article. Persons receiving
a stop-work order shall be required to halt all Land Disturbance Activities
except those activities that address the violations leading to the
stop-work order. The stop-work order shall be in effect until the
Town of Clarkson confirms that the Land Disturbance 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.
B.
Notice of violation. When the Town of Clarkson determines
that an 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 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 measures necessary to
bring the development activity into compliance with this article and
a time schedule for the 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 municipality by filing a written notice of appeal
within 15 days of service of the notice of violation.
C.
Violation and penalties.
(1)
No person shall construct, enlarge, alter, repair,
or maintain any Grading, excavation, or fill, or cause the same to
be done, contrary to or in violation of any terms of this article.
Violations of any provision or requirement of this article or violation
of any statement, plan, application, permit or certification approved
under the provisions of this article shall be considered a violation
punishable by a fine not to exceed $350 or imprisonment for a period
not to exceed 15 days, or both for conviction of a first offense;
a second violation of this article committed within a period of five
years is punishable by a fine not less than $350 nor more than $700
or imprisonment for a period not to exceed 30 days, or both; and a
third or subsequent violation of this article within a period of five
years is punishable by a fine not less than $700 nor more than $1,000
or imprisonment for a period not to exceed 30 days, or both. Each
day's continued violation shall constitute a separate additional violation
punishable by a fine and/or imprisonment.
(2)
In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this article shall be required to bear the
expense of such restoration.
D.
Withholding of certificate of occupancy. Occupation
permits or certificates may not be granted until corrections to all
Stormwater Management practices have been made and accepted by the
Town of Clarkson.
A.
Application fee. An Applicant for a permit pursuant
to this article shall deposit with the Town an application fee as
determined by resolution of the Town Board. The application fee is
to be utilized by the Town, as needed, to pay for all fees, costs
and disbursements incurred by the Town in processing the application,
including but not limited to independent legal, engineering and technical
consultant fees, stenographic charges and any other fees, costs and
disbursements incurred by the Town in the application process, including
SEQRA review. The application fee shall be maintained in a separate
Town fund, which funds may be appropriated by the Town in accordance
with the terms of this article. In the event that the application
fee is insufficient to cover the fees, costs and disbursements incurred
by the Town in processing the application, the Town shall provide
the Applicant with an invoice of the fees, costs and disbursements,
and the Applicant shall be obligated to pay the Town such additional
fees, costs and disbursements within 30 days from receipt of that
invoice from the Town. The Town shall return to the Applicant any
portion of the permit application fee which has not been expended,
regardless of whether the application has been approved or denied.
In the event that there is more than one Applicant, any refunds shall
be allocated among the Applicants on a pro rata basis as determined
by the Town Board.
B.
Failure to pay fees. In the event that the Applicant
fails or refuses to pay such additional fees, costs and disbursements
for any reason within 30 days of its receipt of an invoice, the Town
may suspend review of the application. Failure or refusal to reimburse
the Town for expenses incurred may be a basis for refusal of the license
application or revocation of an existing license. The Applicant shall
be responsible for all additional fees, costs and disbursements, including
reasonable attorneys' fees incurred in the collection of any invoiced
items.
[Adopted 12-11-2007 by L.L. No. 8-2007]
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 Clarkson. Therefore, the Town of
Clarkson 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 the Town of Clarkson, 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. 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.
The following words, terms or phrases, many
of which would not normally be capitalized, are capitalized in this
article. The intent of this capitalization is to call attention to
the fact that the word, term or phrase is a defined term. For the
purpose of this article, the following shall mean:
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 stormwater management permit.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The deliberate appropriation of property by its owner for
general public use.
Individual(s) directed by the Town of Clarkson to conduct
site inspections and/or perform other municipal duties.
Measures that minimize erosion.
A payment of money in place of meeting all or part of the
stormwater performance standards required by this article.
An area where land use or activities generate highly contaminated
runoff with concentrations of pollutants in excess of those typically
found in stormwater.
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
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 25,000 square feet, or activities disturbing
less than 25,000 square feet of total land area that is part of a
larger common plan of development or sale, even though multiple separate
and distinct land disturbance 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 document issued by a bank which guarantees the payment
of a customer's drafts for a specified period and up to a specified
amount.
A person currently licensed to practice engineering in New
York State, a registered landscape architect or a certified professional
in erosion and sediment control (CPESC).
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
The most recent version of this publication which is commonly
known as the "Blue Book."
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serves
as the official guide for stormwater management principles, methods
and practices.
A stormwater management measure located outside the subject
property boundary.
A bond underwritten by a surety in the contract amount to
guarantee that the contractor will perform the required work according
to the contract specifications.
The Planning Board of the Town of Clarkson as established in Chapter 27 of the Town of Clarkson Code.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a New York State licensed professional
engineer, registered landscape architect, certified professional in
erosion and sediment control (CPESC), or soil scientist.
The replenishment of underground water reserves.
Reconstruction or modification to any existing, previously
developed land, such as residential, commercial, industrial, institutional
or road/highway, which involves soil disturbance. Redevelopment is
distinguished from development or new development in that new development
refers to construction on land where there had not been previous construction.
Redevelopment specifically applies to construction areas with impervious
surface.
As related to inspection of construction site Erosion Controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
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.
State Pollutant Discharge Elimination System (SPDES), a nationally
approved program with permits issued in accordance with the Environmental
Conservation Law that authorizes stormwater discharges from certain
construction activities to waters of the United States.
An order issued which requires that all construction activity
on a site be stopped.
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.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to Stormwater Runoff
and water bodies.
An increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A Channel that directs surface runoff to a watercourse or
to the public storm drain.
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."
A.
This article shall be applicable to land disturbance activities, as defined in § 110-15 of this article, 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 § 110-23 as applicable, unless eligible for an exemption or granted a waiver by the Town of Clarkson in accordance with § 110-21 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 25,000 square feet 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
activities that are smaller than 25,000 square feet 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 Town of Clarkson 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 § 110-15 of this article, 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 Town of Clarkson. This applies to all Redevelopment projects that are greater than or equal to one or more acres.
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 this article.
(3)
Silvicultural Activity, except that landing areas
and log haul roads are subject to this article.
(4)
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.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Clarkson.
A.
This article is not intended to interfere with, abrogate,
or annul any other local law, 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 article imposes
restrictions different from those imposed by any other local law,
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 local laws including, but not limited to, Chapter 76, Flood Damage Prevention; Chapter 79, Freshwater Wetlands; Chapter 106, Sewers; Chapter 116, Subdivision and Development of Land; Chapter 140, Zoning; and The Design Criteria and Construction Specifications for Land Development as adopted by resolution of the Clarkson Town Board and amended from time to time.
In accordance with Article 2 of the Municipal
Home Rule Law and § 64 of the Town Law of the State of New
York, the Town Board of the Town of Clarkson has the authority to
enact laws for the purpose of promoting the health, safety, or general
welfare of the Town of Clarkson, including the protection and preservation
of the property of its inhabitants. By the same authority, the Town
of Clarkson Board may include in any such law provisions for the appointment
of any municipal employees to effectuate and administer such law.
A.
The Clarkson Planning Board shall review and approve
all SWPPP's.
B.
The Building Inspector and Code Enforcement Officer
shall severally administer and implement the provisions of this article.
C.
The Building Inspector, Code Enforcement Officer and
Highway Superintendent shall severally enforce the provisions of this
article.
D.
Any powers granted or duties granted to the above
individuals may be delegated in writing by the above named individuals
or by duly enacted resolution of the Town Board to persons or entities
acting in the beneficial interest of or in the employ of the Town
of Clarkson. References in this article to "The Town of Clarkson"
shall refer to the above individuals where the sense of this article
so requires.
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 Clarkson.
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 Clarkson Planning Board
for review and approval.
C.
Unless otherwise accepted by this article, the following
items shall be submitted prior to the issuance of a permit or site
plan approval:
D.
The SWPPP and Maintenance Agreement shall be prepared
to meet the requirements of this article.
E.
The SWPPP and all other documents required by this
article must be reviewed by the Town of Clarkson 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.
F.
The Planning Board shall review said application in conjunction with any subdivision and site plan review pursuant to Chapter 116, Subdivision and Development of Land. In situations where application is made after approval (for example an approved site plan or subdivision approved prior to the enactment of this article), the application shall be reviewed by the Planning Board as a change or modification to the approved plan.
A.
All person(s) shall comply with the requirements of
this article, unless a written request is filed to waive the requirements
in part or whole for land disturbance activities that disturb less
than one acre of land. Requests to waive any requirements of this
article shall be submitted to the Town of Clarkson for approval.
B.
The minimum requirements for stormwater management
may be waived in whole or in part upon written request of the Applicant,
provided that at least one of the following conditions applies:
(1)
It can be demonstrated that the proposed development
is not likely to impair attainment of the objectives of this article.
(2)
Alternative minimum requirements for on-site management
of stormwater discharges have been established in a Stormwater Pollution
Prevention Plan that has been approved by the Town of Clarkson and
the implementation of the plan is required by local law. These practices
are encouraged in order to minimize the reliance on structural practices.
Credit in the form of reductions in the amount of stormwater that
must be managed can be earned through the use of nonstructural practices
that reduce the generation of stormwater from the site. These nonstructural
practices are explained in detail in the manual, Better Site Design:
A Handbook for Changing Development Rules in Your Community. Applicants
wishing to obtain credit for use of nonstructural practices must ensure
that these practices are documented and remain unaltered by subsequent
property owners.
(3)
Provisions are made to manage stormwater by an Off-Site
Facility. The Off-Site Facility is required to be in place, to be
designed and adequately sized to provide a level of stormwater control
that is equal to or greater than that which would be afforded by on-site
practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
(4)
The Town of Clarkson finds that meeting the minimum
on-site management requirements is not feasible due to the natural
or existing physical characteristics of a site.
(5)
Nonstructural practices will be used on the site that
reduce the generation of stormwater from the site, the size and cost
of stormwater storage and the pollutants generated at the site.
C.
In instances where one of the conditions above applies,
the Town of Clarkson may grant a waiver from strict compliance with
these stormwater management provisions, as long as acceptable mitigation
measures are provided. However, to be eligible for a variance, the
Applicant must demonstrate to the satisfaction of the Town of Clarkson
that the variance will not result in the following impacts to downstream
Waterways:
D.
Where compliance with minimum requirements for stormwater
management is waived, the Applicant will satisfy the minimum requirements
by meeting one of the mitigation measures selected by the Town of
Clarkson. Mitigation measures may include, but are not limited to,
the following:
(1)
The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (Dedication or easement of land, see § 110-22B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
(2)
The creation of a stormwater management facility or
other drainage improvements on previously developed properties, public
or private, that currently lack stormwater management facilities designed
and constructed in accordance with the purposes and standards of this
article;
E.
No waivers or mitigation plans will be considered
for Land Disturbance Activity that disturbs one acre or greater of
land.
A.
Fee in Lieu of. Where the Town of Clarkson waives
all or part of the minimum stormwater management requirements, or
where the waiver is based on the provision of adequate stormwater
facilities provided downstream of the proposed development, the Applicant
shall be required to pay a fee in an amount as determined by the Town
Board of the Town of Clarkson. All monetary contributions shall be
made to a dedicated fund for stormwater management activities. The
fee structure shall be based on the cubic feet of storage required
for stormwater management of the development in question. All of the
monetary contributions shall be made by the Applicant prior to the
issuance of any permit or approval for the development.
B.
Dedication or easement of land. In lieu of a monetary
contribution, an Applicant may obtain a waiver of the required stormwater
management by entering into an agreement with the Town of Clarkson
for the granting of an easement or the Dedication of land by the Applicant
to be used for the construction of an off-site stormwater management
facility. The agreement shall be entered into by the Applicant and
the Town of Clarkson Town Board prior to the recording of plats or,
if no record plat is required, prior to the issuance of the permit.
A.
The Applicant shall consult the Town of Clarkson'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 § 110-24 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
Clarkson. In no case shall the impact on functional values be any
greater than that allowed by the Army Corp of Engineers (C.O.E.) 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 post development 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 Town of Clarkson's design criteria and/or 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 "Hotspot," 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 Clarkson 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 Clarkson 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 § 110-15 of this article, 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 Clarkson within five days after the month's end.
C.
All SWPPPs shall provide the following information:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawings showing the specific
locations and sizes of each postconstruction stormwater management
practice. The maps 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 § 110-25 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 measures in accordance with the specifications of this article. See § 110-25 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 Clarkson 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 Qualified
Professional and be 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 Clarkson,
or their 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 Town of
Clarkson and the easement agreement shall be recorded in the office
of the County Clerk, with a copy provided to the Town of Clarkson.
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 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.
C.
Maintenance Agreements.
(1)
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 Town of Clarkson
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.
(2)
The Town of Clarkson, in lieu of a Maintenance Agreement,
may accept Dedication of any existing or future stormwater management
facility for maintenance, 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.
D.
Requirements of Maintenance Agreements. All stormwater
management facilities must undergo, at the minimum, an inspection
every two years 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 Town of Clarkson prior to commencing the work,
and the Town of Clarkson shall inspect the facility upon completion
of the work. The inspection and maintenance requirement may be increased
by the Town of Clarkson as deemed necessary to ensure proper functioning
of the stormwater management facility.
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 Clarkson
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 Clarkson 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 Clarkson 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 Clarkson
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs, until the
Town of Clarkson acknowledges compliance with all details of approved
site plan.
A.
The Town of Clarkson or its Designated Agent shall
make inspections 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. The Applicant must notify the Town
of Clarkson in advance before the commencement of construction. 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 Clarkson.
B.
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 Clarkson 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 Clarkson 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 Clarkson. 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.
A.
Failure to maintain practices. If a responsible party
fails or refuses to meet the requirements of the Maintenance Agreement,
the Town of Clarkson, after reasonable notice, may correct a violation
of the design standards or maintenance needs by performing all necessary
work to place the facility in proper working condition. In the event
that the stormwater management facility becomes a danger to public
safety or public health, the Town of Clarkson shall notify the party
responsible for maintenance of the stormwater management facility
in writing. Upon receipt of that notice, the responsible person shall
have 30 days to affect maintenance and repair of the facility in an
approved manner. After proper notice, the Town of Clarkson may assess
the owner(s) of the facility for the cost of repair work and any penalties;
and the cost of the work shall be a lien on the property, or prorated
against the beneficial users of the property, and may be placed on
the tax bill and collected as ordinary taxes by the county.
B.
Violations. Any 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.
C.
Notice of violation. When the Town of Clarkson determines
that an 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 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 measures necessary to
bring the development activity into compliance with this article and
a time schedule for the 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 municipality by filing a written notice of appeal
within 15 days of service of the notice of violation.
D.
Stop-work orders. Persons receiving a notice of violation
will be required to halt all construction and/or maintenance activities.
This Stop-work order will be in effect until the Town of Clarkson
confirms in writing that the activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a notice of
violation in a timely manner can result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this article.
E.
Civil and criminal penalties. In addition to or as
an alternative to any penalty provided herein or by law, any person
who violates the provisions of the Local Law shall be subject to a
fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
F.
Holds on occupation permits. Occupation permits may
not be granted until corrections to all stormwater management practices
have been made and accepted by the Town of Clarkson.
An Applicant pursuant to this article shall
deposit with the Town an application fee as determined by resolution
of the Town Board. The application fee is to be utilized by the Town,
as needed, to pay for all fees, costs and disbursements incurred by
the Town in processing the application, including but not limited
to independent legal, engineering and technical consultant fees, stenographic
charges and any other fees, costs and disbursements incurred by the
Town in the application process, including SEQRA review. The application
fee shall be maintained in a separate Town fund, which funds may be
appropriated by the Town in accordance with the terms of this article.
In the event that the application fee is insufficient to cover the
fees, costs and disbursements incurred by the Town in processing the
application, the Town shall provide the Applicant with an invoice
of the fees, costs and disbursements, and the Applicant shall be obligated
to pay the Town such additional fees, costs and disbursements within
30 days from receipt of that invoice from the Town. The Town shall
return to the Applicant any portion of the permit application fee
which has not been expended, regardless of whether the application
has been approved or denied. In the event that there is more than
one Applicant, any refunds shall be allocated among the Applicants
on a pro rata basis as determined by the Town Board.
The Town of Clarkson may, at its discretion,
require the submittal of a performance security or bond prior to approval
in order to insure that the stormwater practices are installed as
required by the approved Stormwater Pollution Prevention Plan. The
amount of the installation performance security shall be the total
estimated construction cost of the stormwater management practices
approved by the Town of Clarkson, plus 25%. The performance security
shall contain forfeiture provisions for failure to complete work specified
in the Stormwater Pollution Prevention Plan. The installation performance
security shall be released in full only upon submission of as-built
plans and written certification by a New York State licensed professional
engineer that the stormwater practice has been installed in accordance
with the approved plan and other applicable provisions of this article.
The Town of Clarkson will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this article. Provisions for a partial pro rata
release of the performance security based on the completion of various
development stages can be done at the discretion of the Town of Clarkson.
