It is hereby determined that:
A. 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. This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat for fish
and other desirable species.
C. Clearing, grading, excavating, soil disturbance or placement
of fill during construction tends to increase soil erosion and add to the
loss of native vegetation necessary for terrestrial and aquatic habitat.
D. Improper design, maintenance and construction of stormwater
management practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation.
E. Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow.
F. Substantial economic losses can result from these adverse
impacts on the waters of the Village.
G. Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H. 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. 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 residing within this jurisdiction and to address the legislative findings in §
196-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4 SPDES No. NYR20A370), Permit No. GP-02-02 or
as amended or revised.
B. 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. Minimize increases in the rate of 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. Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality.
E. Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable.
F. Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and ensure that these management practices are properly maintained
and eliminate threats to public safety.
The following activities shall be exempt from review under this article:
A. Agricultural activity as defined in this article.
B. Silvicultural activity, except that landing areas and
log haul roads are subject to this article.
C. Repairs and routine property maintenance activities that
disturb less than 5,000 square feet and maintain the original line and grade.
D. Repairs and routine maintenance to any stormwater management
practice or facility deemed necessary by the Stormwater Management Officer.
E. Land development activities for which a building permit
has been approved and is still in effect on or before the effective date of
this article.
G. Installation of a fence, sign, telephone, and electric
poles and other kinds of posts or poles.
H. Emergency activity immediately necessary to protect life,
property or natural resources.
I. 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. Landscaping and horticultural activities that disturb
less than 5,000 square feet in connection with an existing noncommercial structure.
Whenever used in this article, the following terms will have meanings
set forth below:
AGRICULTURAL ACTIVITY
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.
APPLICANT
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, filing an application
for a land development activity or minor land disturbance activity subject
to the provisions of this article.
BUILDING
The term "building" as defined in §
230-4 of the Village Code now or as hereafter amended.
CHANNEL
A natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general
public use.
DESIGN MANUAL
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.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions
therefrom.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Any construction activity including clearing, grubbing, grading,
excavating, soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 5,000 square feet in area.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction,
and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
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.
PERSON
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.
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.
PROJECT
Land development activity or minor land disturbance activity as those
terms are defined and/or used in this article.
RAINFALL DRAINAGE CHANNELS
Those existing interconnected networks of depressed contours and
enlargements thereto which, by virtue of their location, convey surface water
runoff from its source to its ultimate points of discharge.
RECHARGE
The replenishment of underground water reserves.
SILVICULTURAL
Of or relating to the management and care of forests.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued by the duly authorized municipal authority which
requires that all land development activity and other construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and 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 PRACTICES (SMP)
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.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
VILLAGE
The Village of Croton-on-Hudson, New York.
VILLAGE ENGINEER
The person employed as a Village Engineer of the Village of Croton-on-Hudson,
or his or her designee.
WATERCOURSE
The term "watercourse" as defined in §
227-3 of the Village Code now or as hereafter amended.
WETLAND
The term "wetland" as defined in §
227-3 of the Village Code now or as hereafter amended.
All land development activities shall be subject to the following performance
and design criteria:
A. 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 chapter. Copies of the two manuals are on file in the office
of the Stormwater Management Officer. (NOTE: The New York State technical
guidance documents may be ordered from The Department. An order form as well
as downloadable versions of the Manuals are available on the Internet at:
http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html or
http://www.dos.state.ny.us/lgss/stormwaterpub/index.html.)
(1) The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most recent version
including applicable updates or its successors, hereafter referred to as the
"Design Manual").
(2) New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2005, most recent version, including applicable updates, or its successors,
hereafter referred to as the "Erosion Control Manual").
B. Where stormwater management practices are not in accordance with technical standards, the owner, applicant or developer must demonstrate equivalence to the technical standards as set forth in §
196-8, and the SWPPP shall be prepared by a certified professional in erosion and sediment control, professional engineer or other professional(s) deemed acceptable by the NYSDEC.
C. No land development activity shall cause an increase
in turbidity that will result in substantial visible contrast to natural conditions
in surface waters of the State of New York.
Application fees established by resolution of the Village Board of Trustees shall be submitted with the application. In addition, in accordance with the provisions of Chapter
178 of the Village Code, any person undertaking land development activities regulated by this article shall reimburse the Village for the cost of professional services incurred by the Village for the review of SWPPPs and for the performance of inspections and/or maintenance activities as provided in this article. The Village may establish escrow accounts for these purposes as provided in Chapter
178 of the Village Code.
Whenever used in this article, the following terms will have meanings
set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
EPA
The United States Environmental Protection Agency.
HAZARDOUS MATERIALS
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.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in §
196-18A of this article.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including, but not limited to:
A.
Any conveyances which allow any nonstormwater discharge, including but
not limited to treated or untreated sewage, process wastewater, and wash water,
to enter the MS4 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
B.
Any drain or conveyance connected from a commercial or industrial land
use to the MS4 which has not been documented in plans, maps or equivalent
records and approved by an authorized enforcement agency.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households,
or a private, commercial or institutional facility, that treats sewage or
other liquid wastes for discharge into the groundwaters of New York State,
except where a permit for such a facility is required under the applicable
provisions of Article 17 of the Environmental Conservation Law.
MS4
The Municipal separate storm sewer system.
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
A.
Owned or operated by the Village of Croton-on-Hudson;
B.
Designed or used for collecting or conveying stormwater;
C.
Which is not a combined sewer; and
D.
Which is not part of a publicly owned treatment works (POTW) as defined
at 40 CFR 122.2.
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
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.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue,
treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, agricultural waste and ballast discharged
into water, which may cause or might reasonably be expected to cause pollution
of the waters of the state in contravention of the standards.
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.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS
A.
DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the Village has been notified by the NYSDEC that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B.
LISTED WATERSTERS — The condition in the Village's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
C.
TOTAL MAXIMUM DAILY LOAD (TMDL) STRATEGYThe condition in the Village's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Village was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO)
The Village Engineer and his or her designees, and/or such other
Village officers or employees as designated by the Village Manager. The Westchester
County Department of Health presently is and shall continue to be the enforcement
authority for the design, repair, replacement and operation of individual
sewage treatment systems within the MS4.
303(d) LIST
A list of all surface waters in the state for which beneficial uses
of the water (drinking, recreation, aquatic habitat, and industrial use) are
impaired by pollutants, prepared periodically by the DEC as required by Section
303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and
streams that fall short of state surface water quality standards and are not
expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into
a water body so as not to impair uses of the water, allocated among the sources
of that pollutant.
VILLAGE
The Village of Croton-on-Hudson, New York.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Stormwater Management Officer(s) shall administer, implement and
enforce the provisions of this article. Such powers granted or duties imposed
upon the SMO(s) may be delegated by the SMO(s) as may be authorized by the
Village Manager.
Any person subject to an industrial or construction activity SPDES 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 Village
prior to the allowing of discharges to the MS4. All reports submitted to the
NYSDEC as required by the SPDES permit shall also be contemporaneously transmitted
to the SMO.
Notwithstanding other requirements of this article, 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 is resulting or may result in illegal discharges or pollutants
discharging into the MS4, 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
Village in person or by telephone or facsimile no later than the next business
day. Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Village within three business days of the
telephone 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. Appropriate state and federal agencies shall also be notified
as per applicable regulations.
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 SMO may request
the Village Attorney to 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 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.
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.
If any provision of this chapter or of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid for
any reason by a court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.