[HISTORY: Adopted by the Board of Trustees
of the Village of Elmsford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-17-2006 by L.L. No. 2-2006]
It is hereby determined that:
A.Â
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.Â
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species.
C.Â
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
D.Â
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
E.Â
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
F.Â
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
G.Â
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
H.Â
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
I.Â
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
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 and to address the findings of fact in § 288-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.Â
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;
B.Â
Require land development 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 GP-02-01 or as amended
or revised;
C.Â
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
D.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E.Â
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F.Â
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.
G.Â
Encourage
the use of green infrastructure practices to control stormwater runoff,
such as protecting natural areas, reducing impervious cover, and runoff
reduction techniques to the maximum extent practicable.
[Added 2-15-2011 by L.L. No. 1-2011]
A.Â
All land development activities as defined herein
shall be subject to the provisions hereof, and all application for
approval of such land development activities shall be reviewed subject
to the standards contained in this article.
C.Â
The Village shall designate a Stormwater Management
Officer who shall accept, review and be the approving authority for
all stormwater pollution prevention plans, except that the Board of
Trustees shall be the approving authority for any application involving
property that is also the subject of a pending site plan, subdivision
or special permit application before that Board in accordance with
the requirements of the Village Code.
D.Â
The Stormwater Management Officer or Board of Trustees,
as the case may be, may:
(1)Â
Review the plans;
(2)Â
Upon approval by the Board of Trustees, engage the
services of a registered 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
(3)Â
Accept the certification of a licensed professional
that the plans conform to the requirements of this article.
The following activities shall be exempt from
review under this article.
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
C.Â
Repairs and routine property maintenance activities
that disturb less than one acre and maintain the original line and
grade.
D.Â
Repairs and routine maintenance to any stormwater
management practice or facility deemed necessary by the Stormwater
Management Officer.
E.Â
Land development activities for which a building permit
has been approved on or before the effective date of this article.
F.Â
Cemetery graves.
G.Â
Installation of a fence, sign, telephone and electric
poles and other kinds of posts or poles.
H.Â
Emergency activity immediately necessary to protect
life, property or natural resources.
I.Â
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
J.Â
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article or in documents
prepared or reviewed under this article shall have the meaning as
set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Approaches which infiltrate, evapotranspire or reuse stormwater,
using soils and vegetation rather than hardscape collection, conveyance
and storage structures. Common green infrastructure approaches include
green roofs, trees and tree boxes, rain gardens, vegetated swales,
pocket wetlands, infiltration planters, vegetated median strips, reforestation,
and protection and enhancement of riparian buffers and floodplains.
[Added 2-15-2011 by L.L. No. 1-2011]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), or
registered landscape architect or someone working the direct supervision
of, and at the same company as, the licensed professional engineer
or registered landscape architect, provided that person has training
in the principles and practices of erosion and sediment control.
[Added 2-15-2011 by L.L. No. 1-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The Village Building Inspector or his representative.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
An employee from the contracting (construction) company,
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. It can also mean an employee from the contracting
(construction) company that meets the qualified inspector qualifications.
[Added 2-15-2011 by L.L. No. 1-2011]
The Village of Elmsford, New York.
Any natural or artificial, permanent or intermittent, public
or private surface water body or surface water segment, such as ponds,
lakes, reservoirs, rivers, streams, brooks or waterways, that are
contained within, flow through or border on the Village.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.Â
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed until the appropriate approving authority has received a
stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this article.
B.Â
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(1)Â
Background information about the scope of the project,
including location, type and size of project.
(2)Â
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
be at a scale no smaller than one inch equals 50 feet and should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could
be affected by the construction activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharges(s);
(3)Â
Description of the soil(s) present at the site;
(4)Â
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(5)Â
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)Â
Description of construction and waste materials expected
to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
(7)Â
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project close-out;
(8)Â
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)Â
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to permanent
control measures;
(11)Â
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;
(12)Â
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)Â
Description of structural practices designed to divert
flows from exposed soils, store flows, or otherwise limit runoff and
the discharge of pollutants from exposed areas of the site to the
degree attainable; and
(16)Â
Any existing data that describes the stormwater runoff
at the site.
(17)Â
An acknowledgement by the landowner granting to the
Village of Elmsford and other agencies having jurisdiction the right
to enter the property at reasonable times and in a reasonable manner
for the purpose of inspection.
C.Â
Land development activities meeting Condition A, B, C, or D below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 288-6D below as applicable:
[Amended 2-15-2011 by L.L. No. 1-2011]
(1)Â
Condition
A: stormwater runoff from land development 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)Â
Condition
B: stormwater runoff from land development activities disturbing five
or more acres.
(3)Â
Condition
C: stormwater runoff from land development activity disturbing between
one and five acres of land during the course of the project, exclusive
of the construction of single-family residences with 25% or less impervious
cover at total build-out and construction activities at agricultural
properties.
(4)Â
Condition
D: stormwater runoff from land development activities disturbing between
one and five acres of land for a single-family residential subdivision
that will result in greater than 25% impervious cover at total build
out.
D.Â
SWPPP requirements for Condition A, B, C and D.
[Amended 2-15-2011 by L.L. No. 1-2011]
(1)Â
Description of each post-construction stormwater management practice, including documentation of the five-step planning process for stormwater management using green infrastructure as outlined in the Design Manual using the practices in Schedules Al, A2 and A3 in § 288-13.1 below.
(2)Â
Site
map/construction drawing(s) showing the specific location(s) and size(s)
of each postconstruction stormwater management practice;
(3)Â
Hydrologic
and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
(4)Â
Comparison
of postdevelopment stormwater runoff conditions with predevelopment
conditions;
(5)Â
Dimensions,
material specifications and installation details for each postconstruction
stormwater management practice;
(6)Â
Maintenance
schedule to ensure continuous and effective operation of each postconstruction
stormwater management practice;
(7)Â
Maintenance
easement(s) to ensure access to all stormwater management practices
at the site for the purpose of inspection and repair. Easements shall
be recorded and shall remain in effect with transfer of title to the
property;
E.Â
Plan certification. The SWPPP shall be prepared by
a landscape architect, registered architect, certified professional
or professional engineer and must be signed by the professional preparing
the plan, who shall certify that the design of all stormwater management
practices meet the requirements in this article.
F.Â
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
G.Â
Contractor certification.
(1)Â
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)Â
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)Â
The certification statement(s) shall become part of
the SWPPP for the land development activity.
(4)Â
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
(5)Â
Proof that each contractor who will be involved in
a land development activity has obtained training and certification
in proper erosion and sedimentation control practices must be provided.
All land development activities shall be subject
to the following performance and design criteria:
A.Â
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article.
(1)Â
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most recent
version, including applicable updates, hereafter referred to as the
"Design Manual"); and
(2)Â
New York Standards and Specifications for Erosion
and Sediment Control, (Empire State Chapter of the Soil and Water
Conservation Society, 2004, most recent version, including applicable
updates, hereafter referred to as the "Erosion Control Manual").
B.Â
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.Â
Maintenance during construction.
(1)Â
The applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this article. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)Â
The applicant or developer or their representative,
one of which must be a trained contractor, shall be on site at all
times when construction or grading activity takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inches of
precipitation or more. The reports shall be delivered to the Stormwater
Management Officer and also copied to the site log book.
[Amended 2-15-2011 by L.L. No. 1-2011]
(3)Â
For land development activities as defined in § 288-5 and meeting Condition A, B, C or D in § 288-6, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site log book.
[Added 2-15-2011 by L.L. No. 1-2011]
(4)Â
Construction
activities disturbing five acres or more at any one time shall be
inspected by a qualified inspector twice every seven days.
[Added 2-15-2011 by L.L. No. 1-2011]
B.Â
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility other than
one serving an individual single-family residence, the applicant or
developer must execute an easement that shall be binding on all subsequent
landowners served by the stormwater management facility. The easement
shall be in a form acceptable to counsel to the Village and shall
provide for access to the facility at reasonable times for periodic
inspection by the Village of Elmsford to ensure that the facility
is maintained in proper working condition to meet design standards
and any other provisions established by this article. The easement
shall be recorded by the grantor in the office of the County Clerk
after approval by Village counsel.
C.Â
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall operate and maintain the stormwater management
practices to achieve the goals of this article. Proper operation and
maintenance also includes as a minimum, the following:
(1)Â
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)Â
Written procedures for operation and maintenance and
training new maintenance personnel.
D.Â
Maintenance agreements. Prior to the issuance of any
final plan approval, the applicant or developer must execute a formal
maintenance agreement for stormwater management facilities, other
than those serving an individual single-family residence, binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property. The maintenance agreement
shall be in a form acceptable to Village Counsel and shall be recorded
in the office of the County Clerk. The Village of Elmsford, in lieu
of a maintenance agreement, at its sole discretion may accept dedication
of any existing or future stormwater management facility, provided
such facility meets all the requirements of this article and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
A.Â
The Stormwater Management Officer may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the stormwater pollution prevention plan (SWPPP) as approved. The Stormwater Management Officer may conduct the inspection or, upon approval of the Board of Trustees of the Village of Elmsford, engage the services of a registered engineer to conduct the inspection, the cost of which shall be paid by the property owner in accordance with Chapter 162, Article II, of the Village Code.
(1)Â
To obtain inspections, the applicant shall notify
Village enforcement officials at least 48 hours before any of the
following as required by the Stormwater Management Officer:
(a)Â
Start of construction.
(b)Â
Installation of sediment and erosion control
measures.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the construction season.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public
areas.
(2)Â
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further work shall be conducted, except
for site stabilization, until any violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
B.Â
Stormwater management practice inspections and inspections
of facilities after project completion.
(1)Â
It shall be the primary responsibility of the landowner
and the successor landowners to perform all necessary inspections,
maintenance, reporting, adjustments, repair, replacement and reconstruction
of the stormwater management facilities. If, at any time, the Stormwater
Management Officer determines that necessary inspections, reports,
maintenance, repairs, adjustments, replacement or reconstruction has
not been performed, the Village may undertake to perform any such
work or work that it finds, in its sole judgment, is necessary to
preserve the stormwater management functions of stormwater management
practices (SMPs), at the cost and expense of the landowner and the
successor landowners. Copies of all bills, statements and invoices
substantiating such costs, including costs of consultants, shall be
included with written notice of same. Each lot shall individually
and separately bear its equal share of such costs, and in the event
that its share is not paid within 30 days of issuance of statements
for this work, the amount of such share shall constitute a lien against
such lot which shall be levied and collected in the same manner as
Village real estate taxes or in such manner otherwise provided by
law. The landowner and the successor landowner shall be personally
liable for payments of their respective shares of all such costs,
including costs of collection and reasonable attorney's fees.
(2)Â
All applicants are required to submit "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 land surveyor.
C.Â
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this
article as are necessary to determine compliance with this article.
D.Â
Right of entry for inspection. When any new stormwater
management facility is installed on private property or when any new
connection is made between private property and the public stormwater
system, the landowner shall grant to the Village and other agencies
having jurisdiction the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
A.Â
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Village
in its approval of the stormwater pollution prevention plan, the Village
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow, or irrevocable letter of credit from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Village as the beneficiary.
The security shall be in an amount to be determined by the Village
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Village, provided that such period shall not be less than one year
from the date of final acceptance or such other certification that
the facility(ies) have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Village.
Per-annum interest on cash escrow deposits shall be reinvested in
the account until the surety is released from liability.
B.Â
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Village of Elmsford with an irrevocable
letter of credit from an approved financial institution or surety
to ensure proper operation and maintenance of all stormwater management
and erosion control facilities both during and after construction,
and until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Village may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.Â
Recordkeeping. Entities subject to this article shall
maintain records demonstrating compliance with this article.
A.Â
Notice of violation. When the Village determines that
a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or
applicant;
(2)Â
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to
bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action;
(5)Â
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)Â
A statement that the determination of violation may
be appealed to the Board of Trustees by filing a written notice of
appeal within 15 days of service of notice of violation.
B.Â
Stop-work orders. The Village may issue a stop-work
order for violations of this article. Persons receiving a stop-work
order shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Village confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this article.
C.Â
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
D.Â
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, 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.
E.Â
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the Stormwater Management Officer may prevent the
occupancy of said building or land. It shall be the obligation of
the property owner to remediate the violation, at which time the Stormwater
Management Officer shall further consider allowing occupancy of the
building or land.
F.Â
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Village
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
A.Â
The Stormwater Management Officer or Board of Trustees,
in review of any application for a stormwater pollution prevention
plan approval, may refer such application to such planner, attorney,
engineer, environmental expert or other professional as the Stormwater
Management Officer or Board of Trustees shall deem reasonably necessary
to enable it to review such application as required by law. Fees charged
by such professional shall be in accord with fees usually charged
for such services in the metropolitan New York region and pursuant
to a contractual agreement between the Village and such professional.
All such charges shall be paid by the Village upon submission of a
Village voucher. The applicant shall reimburse the Village for the
cost of such professional review, upon submission of a copy of the
voucher or its equivalent or, at the discretion of the Stormwater
Management Officer or Board of Trustees, in accordance with the escrow
account procedure set forth below. The payment of such fees shall
be required in addition to any and all other fees required by this
article or any other Village law, ordinance or regulation.
B.Â
At the time of submission of any application for a
stormwater pollution prevention plan approval, the Stormwater Management
Officer or Board of Trustees may require the establishment of an escrow
account, from which withdrawals shall be made to reimburse the Village
for the cost of professional review services. The applicant shall
then provide funds to the Village for deposit into such account, in
the amount to be determined by the Stormwater Management Officer or
Board of Trustees based upon its evaluation of the nature and complexity
of the application. The applicant shall be provided with copies of
any Village voucher, or its equivalent, for such services as they
are submitted to the Village. When the balance in such escrow account
is reduced to 1/3 of its initial amount, the applicant shall deposit
additional funds into such account to restore the balance in such
account to the amount of the initial deposit. If such account is not
replenished within 30 days after the applicant is notified, in writing,
of the requirements for such additional deposit, the Board may suspend
its review of the application. A building permit or certificate of
occupancy or use shall not be issued unless all professional consultant
review fees charged in connection with the applicant's project have
been reimbursed to the Village. After all pertinent charges have been
paid the Village shall refund to the applicant any funds remaining
on deposit.
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this article.
[Added 2-15-2011 by L.L. No. 1-2011]
A.Â
Schedule A-1.
|
Green Infrastructure Planning General Categories and Specific
Practices
(From: New York State Stormwater Management Design Manual,
Table 3.1)
| ||
|---|---|---|
|
Group
|
Practice
|
Description
|
|
Preservation of Natural Resources
|
Preservation of undisturbed areas
|
Delineate and place into permanent conservation easement undisturbed
forests, native vegetated areas, riparian corridors, wetlands, and
natural terrain
|
|
Preservation of buffers
|
Define, delineate and place in permanent conservation easement
naturally vegetated buffers along perennial streams, rivers, shorelines
and wetlands
| |
|
Reduction of clearing and grading
|
Limit clearing and grading to the minimum amount needed for
roads, driveways, foundations, utilities and stormwater management
facilities
| |
|
Locating development in less sensitive areas
|
Avoid sensitive resource areas such as floodplains, steep slopes,
erodible soils, wetlands, mature forests and critical habitats by
locating development to fit the terrain in areas that will create
the least impact
| |
|
Open space design
|
Use clustering, conservation design or open space design to
reduce impervious cover, preserve more open space and protect water
resources
| |
|
Restore the original properties and porosity of the soil by
deep till and amendment with compost to reduce the generation of runoff
and enhance the runoff reduction performance of practices such as
downspout disconnections, grass channels, filter strips, and tree
clusters
| ||
|
Reduction of Impervious Cover
|
Roadway reduction
|
Minimize roadway widths and lengths to reduce site impervious
area
|
|
Sidewalk reduction
|
Minimize sidewalk lengths and widths to reduce site impervious
area
| |
|
Driveway reduction
|
Minimize driveway lengths and widths to reduce site impervious
area
| |
|
Cul-de-sac reduction
|
Minimize the number of culs-de-sac and incorporate landscaped
areas to reduce their impervious cover
| |
|
Building footprint reduction
|
Reduce the impervious footprint of residences and commercial
buildings by using alternate or taller buildings while maintaining
the same floor-to-area ratio
| |
|
Parking reduction
|
Reduce imperviousness on parking lots by eliminating unneeded
spaces, providing compact car spaces and efficient parking lanes,
minimizing stall dimensions, using porous pavement surfaces in overflow
parking areas, and using multistoried parking decks where appropriate
| |
B.Â
Schedule A-2
|
Green Infrastructure Techniques Acceptable for Runoff
Reduction
(From: New York State Stormwater Management Design Manual,
Table 3.2)
| ||
|---|---|---|
|
Group:
Runoff reduction techniques
|
Practice
|
Description
|
|
Conservation of natural areas
|
Retain the predevelopment hydrologic and water quality characteristics
of undisturbed natural areas, stream and wetland buffers by restoring
and/or permanently conserving these areas on a site
| |
|
Sheetflow to riparian buffers or filter strips
|
Undisturbed natural areas such as forested conservation areas
and stream buffers or vegetated filter strips and riparian buffers
can be used to treat and control stormwater runoff from some areas
of a development project.
| |
|
Vegetated open swale
|
The natural drainage paths, or properly designed vegetated channels,
can be used instead of constructing underground storm sewers or concrete
open channels to increase time of concentration, reduce the peak discharge,
and provide infiltration.
| |
|
Tree planting/tree box
|
Plant or conserve trees to reduce stormwater runoff, increase
nutrient uptake, and provide bank stabilization. Trees can be used
for applications such as landscaping, stormwater management practice
areas, conservation areas and erosion and sediment control.
| |
|
Disconnection of rooftop runoff
|
Direct runoff from residential rooftop areas and upland overland
runoff flow to designated pervious areas to reduce runoff volumes
and rates.
| |
|
Stream daylighting for redevelopment projects
|
Stream daylight previously-culverted/piped streams to restore
natural habitats, better attenuate runoff by increasing the storage
size, promoting infiltration, and help reduce pollutant loads.
| |
|
Rain garden
|
Manage and treat small volumes of stormwater runoff using a
conditioned planting soil bed and planting materials to filter runoff
stored within a shallow depression.
| |
|
Green roof
|
Capture runoff by a layer of vegetation and soil installed on
top of a conventional flat or sloped roof. The rooftop vegetation
allows evaporation and evapotranspiration processes to reduce volume
and discharge rate of runoff entering conveyance system.
| |
|
Stormwater planter
|
Small landscaped stormwater treatment devices that can be designed
as infiltration or filtering practices. Stormwater planters use soil
infiltration and biogeochemical processes to decrease stormwater quantity
and improve water quality
| |
|
Rain tank/cistern
|
Capture and store stormwater runoff to be used for irrigation
systems or filtered and reused for non-contact activities
| |
|
Porous pavement
|
Pervious types of pavements that provide an alternative to conventional
paved surfaces, designed to infiltrate rainfall through the surface,
thereby reducing stormwater runoff from a site and providing some
pollutant uptake in the underlying soils
| |
C.Â
Schedule A-3.
|
Stormwater Management Practices Acceptable for Water Quality
(From: New York State Stormwater Management Design Manual,
Table 3.3)
| ||
|---|---|---|
|
Group
|
Practice
|
Description
|
|
Pond
|
Micropool extended detention pond
(P-1)
|
Pond that treats the majority of the water quality volume through
extended detention, and incorporates a micropool at the outlet of
the pond to prevent sediment resuspension
|
|
Wet pond
(P-2)
|
Pond that provides storage for the entire water quality volume
in the permanent pool
| |
|
Wet extended detention pond
(P-3)
|
Pond that treats a portion of the water quality volume by detaining
storm flows above a permanent pool for a specified minimum detention
time
| |
|
Multiple pond system
(P-4)
|
A group of ponds that collectively treat the water quality volume
| |
|
Pocket pond
(P-5)
|
A stormwater wetland design adapted for the treatment of runoff
from small drainage areas that has little or no baseflow available
to maintain water elevations and relies on groundwater to maintain
a permanent pool
| |
|
Wetland
|
Shallow wetland
(W-1)
|
A wetland that provides water quality treatment entirely in
a shallow marsh
|
|
Extended detention wetland
(W-2)
|
A wetland system that provides some fraction of the water quality
volume by detaining storm flows above the marsh surface
| |
|
Pond/wetland system
(W-3)
|
A wetland system that provides a portion of the water quality
volume in the permanent pool of a wet pond that precedes the marsh
for a specified minimum detention time
| |
|
Pocket wetland
(W-4)
|
A shallow wetland design adapted for the treatment of runoff
from small drainage areas that has variable water levels and relies
on groundwater for its permanent pool
| |
|
Infiltration
|
Infiltration trench
(I-1)
|
An infiltration practice that stores the water quality volume
in the void spaces of a gravel trench before it is infiltrated into
the ground
|
|
Infiltration basin
(I-2)
|
An infiltration practice that stores the water quality volume
in a shallow depression before it is infiltrated into the ground
| |
|
Dry well
(I-3)
|
An infiltration practice similar in design to the infiltration
trench, and best suited for treatment of rooftop runoff
| |
|
Filtering practices
|
Surface sand filter
(F-1)
|
A filtering practice that treats stormwater by settling out
larger particles in a sediment chamber, and then filtering stormwater
through a sand matrix
|
|
Underground sand filter
(F-2)
|
A filtering practice that treats stormwater as it flows through
underground settling and filtering chambers
| |
|
Perimeter sand filter
(F-3)
|
A filter that incorporates a sediment chamber and filter bed
as parallel vaults adjacent to a parking lot
| |
|
Organic filter
(F-4)
|
A filtering practice that uses an organic medium such as compost
in the filter in place of sand
| |
|
Bioretention
(F-5)
|
A shallow depression that treats stormwater as it flows through
a soil matrix, and is returned to the storm drain system
| |
|
Open channels
|
Dry swale
(O-1)
|
An open drainage channel or depression explicitly designed to
detain and promote the filtration of stormwater runoff into the soil
media
|
|
Wet swale
(O-2)
|
An open drainage channel or depression designed to retain water
or intercept groundwater for water quality treatment
| |
[Adopted 4-17-2006 by L.L. No. 1-2006[1]]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of the Village
of Elmsford through the regulation of non-stormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The
objectives of this article are:
A.Â
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
B.Â
To prohibit illicit connections and discharges to
the municipal separate storm sewer system; and
C.Â
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
For the purposes of this article, the following
terms shall have the meanings indicated:
Employees or designees of the director of the municipal agency
designated to enforce this article.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five acres or more. Beginning in March 2003, NPDES Storm Water
Phase II permits will be required for construction projects resulting
in land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in § 288-20A(2) of this article.
Either of the following: any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system, including but not limited to any conveyances
which allow any non-stormwater discharge, including sewage, process
wastewater, and wash water, to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency;
or any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 USC § 1342(b)] that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinance, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The Building Department shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Director of the authorized enforcement agency to
persons or entities acting in the beneficial interest of or in the
employ of the agency.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this article.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.Â
Prohibition of illegal discharges.
(1)Â
No person shall discharge or cause to be discharged
into the municipal storm drain system or watercourses any materials,
including but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality
standards, other than stormwater.
(2)Â
The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described
as follows:
(a)Â
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air conditioning condensate, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one PPM chlorine), fire-fighting
activities, and any other water source not containing pollutants.
(b)Â
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(c)Â
Dye testing is an allowable discharge, but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(d)Â
The prohibition shall not apply to any non-stormwater
discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided
that written approval has been granted for any discharge to the storm
drain system.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)Â
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)Â
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the MS4,
or allows such a connection to continue.
A.Â
Suspension due to illicit discharges in emergency
situations. The Building Inspector may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B.Â
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this article may
have his, her or its MS4 access terminated if such termination would
abate or reduce an illicit discharge. The authorized enforcement agency
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this section,
without the prior approval of the authorized enforcement agency.
Any person subject to an industrial or construction
activity NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Building Inspector prior to the allowing
of discharges to the MS4.
A.Â
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.Â
Access to facilities.
(1)Â
The Building Inspector shall be permitted to enter
and inspect facilities subject to regulation under this article as
often as may be necessary to determine compliance with this article.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2)Â
Facility operators shall allow the Building Inspector
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)Â
The Building Inspector shall have the right to set
up on any permitted facility such devices as are necessary in the
opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)Â
The Building Inspector has the right to require the
discharger to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)Â
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the Building Inspector and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
(6)Â
Unreasonable delays in allowing the Building Inspector
access to a permitted facility is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)Â
If the Building Inspector has been refused access
to any part of the premises from which stormwater is discharged, and
he/she is able to demonstrate probable cause to believe that there
may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this article or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
The Board of Trustees of the Village of Elmsford
will adopt requirements identifying best management practices for
any activity, operation, or facility which may cause or contribute
to pollution or contamination of stormwater, the storm drain system,
or waters of the U.S. The owner or operator of a commercial or industrial
establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the municipal storm drain system or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premise, which is, or may be, the source
of an illicit discharge, may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPPP) as necessary for compliance with
requirements of the NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
stormwater, the storm drain system, or water of the U.S., said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the authorized enforcement agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Building Inspector within three business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
Whenever the Building Inspector finds that a
person has violated a prohibition or failed to meet a requirement
of this article, the authorized enforcement agency may order compliance
by written notice of violation to the responsible person. Such notice
may require without limitation:
A.Â
The performance of monitoring, analyses, and reporting;
B.Â
The elimination of illicit connections or discharges;
C.Â
That violating discharges, practices, or operations
shall cease and desist;
D.Â
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and
E.Â
Payment of a fine to cover administrative and remediation
costs; and
F.Â
The implementation of source control or treatment
BMPs. If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received within 10 days from the date of
the notice of violation. Hearing on the appeal before the appropriate
authority or his/her designee shall take place within 15 days from
the date of receipt of the notice of appeal. The decision of the municipal
authority or its designee shall be final.
If the violation has not been corrected pursuant
to the requirements set forth in the notice of violation, or, in the
event of an appeal, within 10 days of the decision of the municipal
authority upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency shall enter
upon the subject private property and are authorized to take any and
all measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the government agency or designated
contractor to enter upon the premises for the purposes set forth above.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days.
If the amount due is not paid within a timely manner as determined
by the decision of the municipal authority or by the expiration of
the time in which to file an appeal, the charges shall become a special
assessment against the property and shall constitute a lien on the
property for the amount of the assessment. Any person violating any
of the provisions of this article shall become liable to the Village
by reason of such violation. The liability shall be paid in not more
than 12 equal payments. Interest at the rate of 12% per annum or the
highest rate permitted by law, whichever is less, shall be assessed
on the balance beginning on the 10th day following discovery of the
violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the authorized enforcement agency may petition for
a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the
person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, and the like.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
Any person who has violated or continues to
violate this article shall be liable to criminal prosecution to the
fullest extent of the law, and shall be subject to a criminal penalty
of $250 per violation per day and/or imprisonment for a period of
time not to exceed 60 days. The authorized enforcement agency may
recover all attorney's fees, court costs and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
The remedies listed in this article are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
