This chapter shall be known as the "Stormwater
Management and Erosion and Sediment Control Law."
The Town Board of the Town of Ithaca finds the
following:
A. Land development activities and increases in site
impervious cover permanently alter the hydrologic responses of local
watersheds and increase stormwater runoff rates and volumes, which
in turn increase flooding, stream channel erosion and sediment transport
and deposition, and decrease groundwater recharge.
B. Stormwater runoff from developed areas contributes
significant quantities of waterborne pollutants to surface and groundwater
sources, degrading water bodies, affecting public and private water
supplies, recreational uses, and threatening fish and other aquatic
life.
C. The clearing and loss of vegetation, and the grading
of the soil for development purposes, particularly on moderate to
steep slopes, can increase soil erosion, leading to siltation of water
bodies, decreasing their capacity to hold and transport water, and
degrading terrestrial and aquatic habitats.
D. Impervious surfaces and regraded land surfaces associated
with development reduce the infiltration of rainfall into the soil
and the recharge of groundwater resources.
E. Improper design, construction, and implementation
of stormwater and erosion control facilities and practices can also
increase stormwater runoff rates and volumes, leading to increased
flooding, stream channel erosion, sediment transport and deposition
and overall degradation to water bodies.
F. Substantial economic losses can result from these
adverse impacts to the community waters.
G. The southern end of Cayuga Lake, which includes that
portion in the Town of Ithaca, and which ultimately receives drainage
water from land area in the Town, has been placed on the New York
State 2004 Section 303(d) List of Impaired Waters. This list identifies
sediment/silt and phosphorus as the major sources contributing to
this impairment.
H. Stormwater runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff quantity and quality from new land development and
redevelopment activities, through the use of both structural and nonstructural
practices.
I. It is in the public interest, and will minimize threats
to the environment and to public health and safety, to regulate stormwater
runoff from land development activities within the Town of Ithaca
as provided in this chapter in order to control and minimize increases
in stormwater runoff rates and volumes, to provide for the recharge
of groundwater resources, and to control and minimize soil erosion,
stream channel erosion, and nonpoint source pollution associated with
land development activities.
J. Town regulation of land development activities by
means of establishing performance standards governing stormwater management
and site design will act to mitigate the adverse effects associated
with stormwater runoff, erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect, maintain and enhance the health, safety, and general welfare of the citizens of the Town and its natural environment, to protect and preserve the property of the Town and of its residents, and to address the findings stated above in §
228-2, by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit No. GP-02-02, as it may be amended from time to time,
which permit applies to the Town.
B. Require land development activities to conform to
the substantive requirements of the New York State SPDES General Permit
for Construction Activities Permit No. GP-02-01, as it may be amended
from time to time.
C. Control and reduce stormwater runoff rates and volumes,
in order to reduce or minimize flooding, stream channel erosion, property
damage, and to maintain the integrity of stream channels and aquatic
habitats.
D. Control and minimize soil erosion from land development
activities and prevent the transport of sediment to receiving water
bodies.
E. Facilitate removal of pollutants in stormwater runoff
so as not to degrade ground and surface water quality.
F. Protect the biological, ecological, and other beneficial
functions of water bodies, such as streams, wetlands, lakes and reservoirs,
from the adverse impacts of stormwater runoff.
G. Encourage groundwater recharge so as to maintain stream
base flows, aquatic life, and adequate water supplies.
H. Establish provisions for the long-term responsibility
for and maintenance of stormwater control facilities and practices
to ensure that they continue to function as designed, are maintained,
and pose no threat to public safety.
I. Establish provisions to ensure there are adequate
funding mechanisms, including financial security or surety, for the
proper review, inspection and long-term maintenance of stormwater
facilities and practices implemented pursuant to this chapter.
J. Establish provisions for the Town to recover all costs
and expenses incurred by the Town for any repairs it makes to stormwater
management practices.
K. Establish administrative procedures for the submission,
review, approval or disapproval of stormwater management plans, and
for the inspection of approved active development projects, and long-term
oversight of the stormwater control facilities and practices.
This chapter is adopted pursuant to the laws
of the State of New York, including § 130, Subdivision 15,
of the Town Law, § 10, Subdivision 1(ii)(a)(9-a), (11) and
(12) of the Municipal Home Rule Law, and § 10, Subdivision
2 of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A property owner or agent of a property owner who has filed
an application with the Town for a land development activity.
BUILDING
A structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes vegetative surface cover from land.
DESIGN MANUAL
The New York State Department of Environmental Conservation's
New York State Stormwater Management Design Manual, as it may be revised
from time to time, that serves as the Town's official guide for stormwater
management principles, methods and practices.
DEVELOPER
A person, corporation, organization, agency or other entity
undertaking land development activities, or for whose benefit land
development activities are carried out.
DEVELOPMENT
Actions that make a site or area available for use by physical
alteration. Development includes but is not limited to providing access
to a site, clearing of vegetation, grading, earth moving, mining,
excavating, providing utilities and other services such as parking
facilities or stormwater management and erosion control systems, altering
land forms, or constructing a structure on land.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and
Sediment Control manual (commonly known as the "Blue Book"), as it
may be revised from time to time, which is written by the Empire State
Chapter of the Soil and Water Conservation Society.
FARM
Any parcel of land which is used in the raising of agricultural
products, such as crops, livestock, poultry, and dairy goods. It includes
structures necessary to the production and storage of agricultural
products and equipment and on-farm buildings used for preparation
or marketing of products produced, or derived from products produced,
predominantly on the farm property on which the building is located.
FINAL STABILIZATION
Final stabilization occurs when all soil disturbance activities
have ceased and a uniform, perennial vegetative cover with a density
of 80% over the entire pervious surface has been established, or other
equivalent stabilization measures, such as permanent landscape mulches,
rock rip-rap or washed/crushed stone, have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
FULL STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from
a site during and after activities associated with land development.
Includes the basic SWPPP plus permanent postconstruction stormwater
management measures.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HOTSPOT
Land uses or activities with higher potential pollutant loadings
than are found in typical stormwater runoff, such as, but not limited
to, auto salvage yards, auto fueling facilities, fleet storage yards,
commercial parking lots with high-intensity use, road salt storage
areas, commercial nurseries and landscaping facilities, outdoor storage
of and loading areas for hazardous substances, or marinas.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water, such as, but not limited
to, building rooftops, pavement, sidewalks, and driveways.
INFILTRATION
The process of percolating stormwater into the subsoil.
INTERMITTENT STREAM
A well-defined channel that contains water for only part
of the year, typically during winter and spring, and in direct response
to a precipitation event. It may be dry for a large part of the year.
LAND DEVELOPMENT ACTIVITY
All activities, including clearing, grubbing, grading, excavating,
stockpiling, importing or movement of fill, paving, installation of
utilities, and construction of buildings or structures, that result
in soil disturbance, regardless of whether the activities are for
a new development or a redevelopment of land.
LANDOWNER
The legal or beneficial owner of land, including those persons
or other entities who hold the right to purchase or lease the land,
or any other person or other entity who holds proprietary rights in
the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
PERENNIAL STREAM
A well-defined channel that contains water year-round during
a year of normal rainfall.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
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.
QUALIFIED INSPECTOR
A licensed professional engineer or a licensed landscape
architect who is knowledgeable in the principles and practices of
erosion and sediment control and stormwater management, or a certified
professional in sediment and erosion control.
QUALIFIED LICENSED PROFESSIONAL
A licensed professional engineer who is knowledgeable in
the principles and practices of erosion and sediment control and stormwater
management.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
Reconstruction or modification of any existing previously
developed land containing impervious surfaces, where such reconstruction
or modification involves soil disturbance.
REDEVELOPMENT PROJECT
A project that entirely consists of redevelopment, or a project
that consists of a combination of redevelopment and new development.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all work and activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and/or drainage.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Town Board to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable municipal board and inspect stormwater management
practices.
STORMWATER MANAGEMENT PRACTICES
Measures, either structural or nonstructural, that are 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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from
a site during construction activities, and in some cases also after
construction activities. See also "full stormwater pollution prevention
plan" and "basic stormwater pollution prevention plan."
STORMWATER RUNOFF
Flow through or on the surface of the ground resulting from
precipitation.
STREAM
A natural watercourse containing flowing water at least part
of the year. A stream can be either intermittent or perennial.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, marshes, inlets, canals, and all other bodies of
surface water, natural or artificial, 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 New York 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 manmade 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.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A TMDL is the sum of the allowable loads of a single pollutant
from all contributing point and nonpoint sources. It is a calculation
of the maximum amount of a pollutant that a water body can receive
on a daily basis and still meet water quality standards, and an allocation
of that amount to the pollutant's sources. A TMDL stipulates wasteload
allocations for point source discharges, load allocations for nonpoint
sources, and a margin of safety.
WATERCOURSE
A stream or other body of water, either natural or man-made,
which gathers or carries surface water.
WATERSHED
Total drainage area contributing runoff to a given point
along a watercourse.
WETLAND
Any area that is inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
The following activities are exempt from review
under this chapter:
A. Lawful farm operations on lands the principal use
of which is as a farm, if the farm operations: occupy three acres
or more of land; or occupy less than three acres of land and are located
within a county agricultural district created under the provisions
of Article 25-AA of the New York State Agriculture and Markets Law.
Notwithstanding the foregoing, this term shall not include the construction
of new structures associated with such farm operations.
B. Logging activity undertaken pursuant to an approved
timber harvesting plan prepared by the New York State Department of
Environmental Conservation, or a New York State Cooperating Forester,
which is to be made available on site for review by the Town and in
which recommended best management practices for water quality protection
have been developed and are implemented, except that landing areas
and log haul roads are subject to this chapter.
C. Land development activities for which a permit or
final approval has been issued on or before the effective date of
this chapter, where such permit or final approval remains valid and
substantial construction has been undertaken, except the Town may
require erosion and sedimentation control measures consistent with
this chapter.
E. Installation of fence, sign, telephone, and electric
poles, mailbox and newspaper posts, and other kinds of posts or poles,
not including structural pilings, that will not alter existing terrain
or drainage patterns.
F. Emergency activity immediately necessary to protect
life, property or natural resources as authorized by the Stormwater
Management Officer and/or as the situation dictates.
G. Activity 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.
H. Maintenance of landscaping or lawn areas associated
with a one- or two-family dwelling.
Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted by state or federal law. Nothing in this chapter shall be construed to affect the applicability of extraction and fill requirements in Town Code §
270-217.