[HISTORY: Adopted by the Town Board of the Town of Hyde Park 1-4-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
Environmental quality review — See Ch. 54.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch. 63.
Illicit discharges — See Ch. 71.
Soil and mining excavations — See Ch. 92.
Subdivision of land — See Ch. 96.
Zoning — See Ch. 108.
Editor's Note: This local law also repealed former Ch. 93, Stormwater Management and Erosion and Sediment Control, adopted 2-23-2009 by L.L. No. 1-2009.
It is hereby determined that:
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.
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species.
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitats.
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
Substantial economic losses can result from these adverse impacts on the waters of the Town.
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
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, will minimize threats to public health and safety, and will help protect groundwater resources.
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 chapter 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 findings of fact in § 93-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-0-15-002, as amended or revised;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings as set forth in this section.
- 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.
- A property owner or agent of a property owner who has filed an application for a land development activity.
- BLIND CHANNEL
- A natural or graded pathway for periodic conveyance of stormwater runoff.
- 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.
- 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.
- A person who undertakes land development activities.
- DIRECT DISCHARGE
- Runoff flowing from a construction site by overland flow and the first point of discharge is the specific surface waterbody, or runoff flows from a construction site to a separate storm sewer system and the first point of discharge from the separate storm sewer system is the specific surface waterbody.
- DISTURBANCE AREA
- The limits of clearing, grading, excavation, filling, demolition, or stockpiling activities that result in soil disturbance defined by a limiting physical boundary, the edge of activity or an imaginary line along the intersection of existing and proposed elevation contours.
- EROSION AND SEDIMENT CONTROL PERMIT
- A permit issued by the Zoning Administrator pursuant to § 93-6B of this chapter, based on an approved erosion and sediment control plan.
- EROSION AND SEDIMENT CONTROL PLAN
- A plan for controlling erosion from construction or land development activities that does not require a stormwater management permit but does require an erosion and sediment control permit. The plan is prepared based on the requirements for a stormwater pollution prevention plan without permanent stormwater management practices found in the SPDES general permit for construction activity.
- EROSION CONTROL
- Measures that prevent the suspension and transport of soil particles. The most effective means of preventing offsite deposition of soil particles
- EROSION CONTROL MANUAL
- The New York State Standards and Specifications for Erosion and Sediment Control, dated August 2005, or latest revision that serves as the technical guideline for erosion and sediment control practices.
- A linear structure supported by posts that does not inhibit surface water flow.
- Excavating, filling, moving or removing soil or otherwise altering the existing terrain.
- GREEN INFRASTRUCTURE
- A wide array of practices to manage and treat, maintain and restore natural hydrology and ecological function by infiltration, evapotranspiration, capture and reuse of stormwater and establishment of vegetation features.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall. This includes paved, concrete and gravel surfaces (i.e., parking lots, driveways, roads, runways, and sidewalks); building roof tops; and miscellaneous impermeable structures such as patios, pools, and sheds.
- INDUSTRIAL STORMWATER PERMIT
- SPDES multi-sector general permit (GP-0-12-001 or most recent version). 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.
- JURISDICTIONAL WETLAND
- A jurisdictional wetland as currently defined by regulations issued either by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers.
- LAND DEVELOPMENT ACTIVITY
- Clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance.
- 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, logging, mining, construction, subsurface disposal and urban runoff sources.
- Developing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before disturbance 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.
- Land development activity.
- The replenishment of underground water reserves.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Wetlands, wetland adjacent areas, steep slopes, vernal pools, cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, intermittent streams and habitats for threatened, endangered or special-concern species.
- Dirt, gravel, humus, compost, mulch, stone or other natural material occurring in the earth's surface or subsurface.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-15-002 OR LATEST REVISION
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-10-002 OR LATEST REVISION
- 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.
- STABILIZATION, FINAL
- All soil disturbance activities have ceased and a uniform, perennial vegetative cover with a density of at least 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.
- STABILIZATION, TEMPORARY
- Exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g. jute twisted yarn, excelsior wood fiber mats).
- STOP-WORK ORDER
- An order issued by the Zoning Administrator which requires that all construction activity and/or land development activity on a site be stopped.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER HOTSPOT
- 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.
- 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 permanent 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 to review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices and permanent facilities.
- STORMWATER MANAGEMENT PERMIT
- A permit issued by the Zoning Administrator pursuant to § 93-6A of this chapter, based on an approved stormwater pollution prevention plan.
- STORMWATER MANAGEMENT PRACTICES (SMPS)
- 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.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A permanent plan for controlling stormwater runoff and pollutants from a site during and after construction activities or land development activities. The SWPPP is prepared based on the New York State Stormwater Management Design Manual dated, August 2015, or latest revision.
- STORMWATER RUNOFF
- Flow on the surface of the ground, resulting from precipitation.
- 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.
- TEMPORARILY CEASED
- Existing disturbed area will not be disturbed again within 14 calendar days of the previous soil disturbance.
- A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
- A channel that directs surface runoff to a watercourse or to the public storm drain.
This chapter shall be applicable to all land development activities as defined in § 93-3, including, but not limited to, all building permit applications involving site disturbance regardless of the amount of soil to be disturbed.
The Town Board designates the Town's Zoning Administrator as the Stormwater Management Officer ("SMO").
The Town designates the Zoning Administrator to receive all applications for stormwater management permits and erosion and sediment control permits, including related stormwater pollution prevention plans ("SWPPPs") and erosion and sediment control plans prepared in accordance with § 93-6.
All land development activities subject to review and approval by the Town of Hyde Park Planning Board under subdivision, site plan, or special permit regulations shall be reviewed by the Planning Board, the Zoning Administrator and the Town Engineer in accordance with the standards contained in this chapter.
The following activities are exempt from the requirement to obtain a stormwater management permit or an erosion and sediment control permit under this chapter, but shall be required to adhere to basic erosion and sediment control practices to the extent practical:
Agricultural activity as defined in this chapter.
Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the County Soil and Water Conservation District or the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this chapter.
Repairs to any stormwater management practice or facility deemed necessary by the SMO.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
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.
Residential landscaping and horticultural activities that involve less than one acre of disturbance in connection with an existing residence.
Land disturbance activities that involve less than 10 cubic yards of soil, provided that preexisting drainage patterns are not affected, no retaining wall over four feet in height is involved, and the disturbance is more than 20 feet from any property line.
Any site plan, subdivision or special use permit for which a SWPPP has been prepared and approved by the Town Planning Board shall adhere to the requirements of this chapter.
Stormwater management permit.
A stormwater management permit shall be obtained before undertaking any soil disturbance for any of the following land development activities:
Disturbance of one acre or more of land for a nonresidential project;
Disturbance of five acres or more of land for a residential project consisting of detached single-family residences;
Disturbance of more than one acre of land for a mixed-use project, exclusive of disturbance for single-family residences and agricultural activities;
Any disturbance that may discharge stormwater to an impaired water identified in a Clean Water Act Section 303(d) list of impaired waters;
Any disturbance that may discharge stormwater containing a contaminant of concern in a TMDL-limited watershed for such contaminant;
Disturbance of less than the thresholds set forth above if the activity 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, if such larger plan would exceed such thresholds.
An application for a stormwater management permit shall be submitted to the Zoning Administrator, together with a properly prepared SWPPP and the application fee set forth in the Fee Schedule approved by the Town Board unless such permit is obtained through Planning Board approvals. The Zoning Administrator shall refer the application and SWPPP to the Town Engineer. No approval shall be given until a SWPPP prepared by a licensed professional engineer in accordance with the specifications in this chapter has been reviewed and approved by the SMO.
Editor's Note: The Fee Schedule is on file in the Town offices.
All SWPPPs shall provide the following minimum information:
Background information about the scope of the project, including location, type and size of project.
Site map and construction drawing(s) for the project, including a certified boundary survey and a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; steep slopes; existing and final slopes; locations of off-site material, waste, borrow, topsoil stockpile areas or equipment storage areas; and location(s) of the stormwater discharges(s).
Description of the soil(s) present at the site, including an identification of the hydrologic soil group (HSG) and soil erosion potential (K Factor, whole soil);
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 approved by the SMO pursuant to an approved SWPPP.
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.
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.
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 closeout.
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
Temporary practices that will be converted to permanent control measures.
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.
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
Name(s) of the receiving water(s).
Delineation of SWPPP implementation responsibilities for each part of the site.
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.
Any existing data that describes the stormwater runoff at the site.
Limit of disturbance designation.
Any other requirements of NYSDEC Permit No. GP-0-15-002 or latest revision.
Inspection requirements per NYSDEC Permit No. GP-0-15-002 or latest revision.
Soil stabilization requirements. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 14 days from the date the current soil disturbance activity ceased. For construction sites that directly discharge to a 303(d) segment, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased.
Additional requirements for water quality and quantity controls.
Land development activities as defined in Table 2 of Appendix B of the SPDES General Permit for Construction Activities shall also include post-construction stormwater management practices.
SWPPP requirements for land development activities that require post-construction stormwater management practices:
Description of how green infrastructure planning practices have been incorporated into the project design.
Description of how runoff reduction, water quality volume, channel protection volume, over bank flood, and extreme storm event requirements are satisfied.
Description of each post-construction stormwater management practice.
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
Maps(s) showing pre-development conditions, including watershed/subcatchment boundaries, flow paths/routing, and design points; summary table comparing post-development stormwater runoff conditions with pre-development conditions.
Map(s) showing post-development conditions, including watershed/subcatchment boundaries, flow paths/routing, design points and post-construction stormwater management practices;
Results of stormwater modeling (i.e. hydrology and hydraulic analysis) for the required storm events. Include supporting calculations (model runs), methodology, and a summary table that compares pre- and post-development runoff rates and volumes for the different storm events.
Summary table, with supporting calculations, which demonstrates that each post-construction stormwater management practice has been designed in conformance with the sizing criteria included in the Design Manual.
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
Plan certification. All SWPPPs shall be prepared by a licensed professional engineer and must be signed by the engineer preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter.
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 hereby certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan and agree to implement any corrective action identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the most current version of the New York State Pollution Discharge Elimination System (SPDES) general permit for stormwater discharge from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I am aware that there are significant penalties for submitting false information that I do not believe to be true, including the possibility of fine and imprisonment for knowing violations."
The certification must also identify the specific elements of the SWPPP that each contractor is responsible for and include the name and title of the person providing the signature, the name and title of the trained contractor responsible for SWPPP implementation, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
The certification statement(s) shall become part of the SWPPP and the SWPPP logbook for the land development activity.
A copy of the SWPPP logbook of inspection reports and any other environmental permits 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.
The contractor shall also meet all requirements of NYSDEC GP-0-15-002 (construction activity) or latest revision.
Permit expiration. The Town's SWPPP stormwater management permit will expire one year after the NYSDEC acceptance date of the NOI unless a new application and renewal fee are submitted to the Town prior to the expiration date. The renewal fee will be in accordance with the Town's Fee Schedule.
Editor's Note: The Fee Schedule is on file in the Town offices.
Erosion and sediment control permit.
An erosion and sediment control permit shall be obtained before undertaking any soil disturbance for any construction or land development activities that do not require a stormwater management permit but are not exempt under § 93-5 of this chapter.
An application for an erosion and sediment control permit shall be submitted to the Zoning Administrator together with a properly prepared erosion and sediment control plan and the application fee set forth in the Fee Schedule approved by the Town Board. Erosion and sediment control plans shall be prepared by a New York State licensed architect or professional engineer and shall meet the following minimum requirements:
The erosion and sediment control plan shall be based on a certified boundary map.
A note is required on all maps indicating that prior to a certificate of occupancy all disturbed areas shall achieve final stabilization to the satisfaction of the Zoning Administrator and SMO.
All applicants disturbing land shall prepare an erosion control plan in accordance with the New York State Standards and Specifications for Erosion and Sediment Control, dated 2005, or latest revision.
Protective erosion control measures must be in place at the onset of construction.
A stabilized construction entrance must be in place throughout construction.
Soil stabilization measures, usually seed and mulch, must be in place prior to issuance of a certificate of occupancy.
Discharges from sump pumps, septic, or drains are not allowed to tie directly into any stormwater conveyance system. Infiltration practices such as dry wells and rain gardens shall be provided for roof drains if soil conditions permit.
Soil stabilization. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 14 days from the date the current soil disturbance activity ceased. For construction sites that directly discharge to a 303(d) segment, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased.
Existing and proposed topography must be shown in two-foot contour intervals.
Limit of disturbance lines must be shown.
Soil types must be shown and identified as classified by the most recent Dutchess County Soils Survey for both existing and imported soils, including hydrologic soil group (HSG) and soil erosion potential (K Factor, whole soil).
Location of jurisdictional wetlands must be shown.
The estimated time frame for start and completion of work must be shown.
Additional information may be required as deemed necessary by the Zoning Administrator or the SMO for the proper review of the application.
Editor's Note: The Fee Schedule is on file in the Town offices.
Erosion and sediment control permit close-out. The erosion and sediment control permit must be closed out after compliance with the approved plan including stabilization of the site. Once the permit is closed, any remaining escrow can be returned.
Erosion and sediment control permit time frame. The erosion and sediment control permit shall expire one year from issuance of the permit unless a new application and renewal fee are submitted prior to the expiration date. A renewal fee will be in accordance with the Town's Fee Schedule.
Editor's Note: The Fee Schedule is on file in the Town offices.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the construction or land development activity prior to approval of the final SWPPP or erosion and sediment control plan and shall provide copies of said permits to the Zoning Administrator upon receipt by the applicant.
The Zoning Administrator, on recommendation of the Town Engineer, may waive specific or all requirements of this § 93-6 on the grounds that the proposed activity would be de minimis, based upon the type of land disturbance activity being proposed, surrounding land conditions, and the demonstrated absence of any adverse effect on the environment or public health or safety.
All land development activities, whether or not a permit is required under § 93-6 of this chapter, shall be subject to the following performance and design criteria:
Technical standards. For the purpose of this chapter, 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 chapter.
The New York State Stormwater Management Design Manual, August 2010 (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
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. Maintenance during construction.
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 chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
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 on a daily basis. Qualified inspectors shall perform inspections and issue reports every seven days for activities disturbing one acre or more. The reports shall be delivered to the Zoning Administrator and the Town Engineer and also copied to the site logbook.
The contractor shall also meet all requirements of NYSDEC GP-0-15-002 (construction activity) or latest revision.
The Zoning Administrator or Town Engineer will perform a minimum of one construction phase site inspection for conformance with erosion and sediment control requirements. The number and frequency of inspections is to be determined on a site specific basis at the preconstruction meeting.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements that is not being maintained by the Town, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for only periodic inspection by the Town of Hyde Park to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Hyde Park. All stormwater management facilities not being maintained by the Town shall be located along a public right-of-way or in a location easily observed from a public right-of-way.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
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 chapter.
Written procedures for operation and maintenance and training new maintenance personnel.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.
Maintenance agreements. The Town of Hyde Park shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction upon filing of the approved subdivision plat or if in the case of a nonrealty subdivision prior to issuance of final approval on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of the "Sample Stormwater Control Facility Maintenance Agreement," on file in the office of the Town Clerk. The Town of Hyde Park, 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 chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
Erosion and sediment control inspection.
The Town of Hyde Park Zoning Administrator and/or Town Engineer may require such inspections as necessary to determine compliance with this chapter 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 chapter and/or the stormwater pollution prevention plan (SWPPP), as approved. To obtain inspections, the applicant shall notify the Town of Hyde Park enforcement official at least 48 hours before any of the following, as required by the Zoning Administrator:
Installation of sediment and erosion control measures shall be inspected and certified to the Town in writing by the property owner or design representative.
Completion of rough grading and temporary seeding/stabilization, if required.
Completion of final grading, permanent seeding, and stabilization.
Close of the construction season.
Completion of final landscaping and site stabilization prior to issuance of a certificate of occupancy.
Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified in writing by the Zoning Administrator of the nature of the violation, and the Zoning Administrator may forthwith issue a notice of violation and a stop-work order in accordance with § 93-11 of this chapter. 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 SMO. If the violations are not corrected in a time frame determined by the Town, penalties may be imposed in accordance with § 93-11 of this chapter.
Stormwater management practice inspections. The Town of Hyde Park Zoning Administrator and Town Engineer are responsible for conducting inspections of stormwater management practices (SMPs). Prior to issuance of certificates of occupancy, applicants shall submit as-built plans for all stormwater management practices constructed to serve the site. As-built plans must show the dimensions and relevant features of all constructed stormwater management facilities including elevation-volume calculations, as directed by the Town Engineer, and must be certified by a professional engineer.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. Inspections may be performed by local government staff or the local government may designate an inspector required to have a professional engineer's (PE) license or certified professional in erosion and sediment control (CPESC) certificate, as long as the designated inspector is required to submit a report.
Submission of reports. The Town of Hyde Park SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter. This includes but is not limited to on-site logbook inspections and monthly reports submitted to the Town.
In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Hyde Park in its approval of the stormwater pollution prevention plan, the Town of Hyde Park 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 Town of Hyde Park as the beneficiary. The security shall be in an amount to be determined by the SMO 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 Town of Hyde Park, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities 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 Town of Hyde Park.
Notice of violation. When the Town of Hyde Park determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
The name and address of the landowner, developer or applicant.
The address, when available, or a description of the building, structure or land upon which the violation is occurring.
A statement specifying the nature of the violation.
A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action.
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
A statement that the determination of violation may be appealed to the Town by filing a written notice of appeal within 15 days of service of notice of violation.
Stop-work orders. The Zoning Administrator may issue a stop-work order for violations of this chapter. Persons receiving a stop-work order shall be required to halt all land development activities and construction, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Zoning Administrator 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 chapter.
Violations. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
Indemnification of Town. If the New York State Department of Environmental Conservation (DEC) shall serve a notice of violation upon the Town, bring an administrative complaint against the Town, and/or commence a civil suit against the Town due to a violation of SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-10-002, and such notice of violation, administrative complaint, or civil suit is a result of, due to, a consequence of, or the outcome of actions of a person who has violated the provisions of this chapter, then said person shall indemnify the Town for any and all fines, damages or penalties imposed by the DEC upon the Town.
Penalties. Any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500 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 one year, punishable by a fine not less than $500 nor more than $1,000 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 $1,000 nor more than $2,000 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 chapter 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.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the Zoning Administrator, upon recommendation of the Town Engineer, may prevent the occupancy of said building or land.
Restoration of lands. Any violator may be required to restore land to its preexisting undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Hyde Park may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Hyde Park may require any person undertaking land development activities regulated by this chapter to establish an escrow account to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Hyde Park or performed by a third party for the Town of Hyde Park. If the land development activity is part of a project approved by the Town Board or Town Planning Board, the applicant's current escrow account will be used for reimbursement of review and inspection services.
The enactment of this chapter shall not impair the rights of property owners to whom permits have been issued, and approvals granted, pursuant to the repealed Chapter 93 of the Code nor shall it impair the rights of the Town and its Zoning Administrator to continue with enforcement of the provisions of the prior local law with regard to stop-work orders, notices of violation and/or other enforcement actions instituted prior to the enactment of this chapter.