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 waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C. Clearing
and grading during construction tends to increase soil erosion and
add to the loss of native vegetation necessary for terrestrial and
aquatic habitats.
D. Improper
design 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 base flow.
F. Substantial
economic losses can result from these adverse impacts on the waters
of the Town.
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,
will minimize threats to public health and safety, and will help protect
groundwater resources.
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 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:
A. 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;
B. 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;
C. Minimize
increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality;
D. Minimize
the total annual volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable; and
E. 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.
APPLICANT
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.
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.
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 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.
FENCE
A linear structure supported by posts that does not inhibit
surface water flow.
GRADING
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.
INFILTRATION
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.
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, logging, mining, construction,
subsurface disposal and urban runoff sources.
PHASING
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.
RECHARGE
The replenishment of underground water reserves.
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.
SOIL
Dirt, gravel, humus, compost, mulch, stone or other natural
material occurring in the earth's surface or subsurface.
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.
STORMWATER
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.
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.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
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:
A. Agricultural
activity as defined in this chapter.
B. 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.
C. Repairs
to any stormwater management practice or facility deemed necessary
by the SMO.
E. Installation
of fence, sign, telephone, and electric poles and other kinds of posts
or poles.
F. Emergency
activity immediately necessary to protect life, property or natural
resources.
G. 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.
H. Residential
landscaping and horticultural activities that involve less than one
acre of disturbance in connection with an existing residence.
I. 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.
A. Stormwater management permit.
(1) A stormwater management permit shall be obtained before undertaking
any soil disturbance for any of the following land development activities:
(a)
Disturbance of one acre or more of land for a nonresidential
project;
(b)
Disturbance of five acres or more of land for a residential
project consisting of detached single-family residences;
(c)
Disturbance of more than one acre of land for a mixed-use project,
exclusive of disturbance for single-family residences and agricultural
activities;
(d)
Any disturbance that may discharge stormwater to an impaired
water identified in a Clean Water Act Section 303(d) list of impaired
waters;
(e)
Any disturbance that may discharge stormwater containing a contaminant
of concern in a TMDL-limited watershed for such contaminant;
(f)
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.
(2) 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.
(3) All SWPPPs shall provide the following minimum information:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
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).
(c)
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);
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(j)
Temporary practices that will be converted to permanent control
measures.
(k)
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.
(l)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(m)
Name(s) of the receiving water(s).
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(o)
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.
(p)
Any existing data that describes the stormwater runoff at the
site.
(q)
Limit of disturbance designation.
(r)
Any other requirements of NYSDEC Permit No. GP-0-15-002 or latest
revision.
(s)
Inspection requirements per NYSDEC Permit No. GP-0-15-002 or
latest revision.
(t)
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.
(4) Additional requirements for water quality and quantity controls.
(a)
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.
(b)
SWPPP requirements for land development activities that require
post-construction stormwater management practices:
[1]
All information in §
93-6A of this chapter.
[2]
Description of how green infrastructure planning practices have
been incorporated into the project design.
[3]
Description of how runoff reduction, water quality volume, channel
protection volume, over bank flood, and extreme storm event requirements
are satisfied.
[4]
Description of each post-construction stormwater management
practice.
[5]
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice.
[6]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
[7]
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.
[8]
Map(s) showing post-development conditions, including watershed/subcatchment
boundaries, flow paths/routing, design points and post-construction
stormwater management practices;
[9]
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.
[10]
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.
[11]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice.
[12]
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
[13]
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.
[14]
If stormwater management practices are not maintained by the Town, an inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §
93-8 this chapter is required.
(5) 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.
(6) Contractor certification.
(a)
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."
(b)
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.
(c)
The certification statement(s) shall become part of the SWPPP
and the SWPPP logbook for the land development activity.
(d)
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.
(e)
The contractor shall also meet all requirements of NYSDEC GP-0-15-002
(construction activity) or latest revision.
(7) 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.
B. Erosion and sediment control permit.
(1) 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.
(2) 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:
(a)
The erosion and sediment control plan shall be based on a certified
boundary map.
(b)
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.
(c)
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.
(d)
Protective erosion control measures must be in place at the
onset of construction.
(e)
A stabilized construction entrance must be in place throughout
construction.
(f)
Soil stabilization measures, usually seed and mulch, must be
in place prior to issuance of a certificate of occupancy.
(g)
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.
(h)
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.
(i)
Existing and proposed topography must be shown in two-foot contour
intervals.
(j)
Limit of disturbance lines must be shown.
(k)
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).
(l)
Location of jurisdictional wetlands must be shown.
(m)
The estimated time frame for start and completion of work must
be shown.
(n)
Additional information may be required as deemed necessary by
the Zoning Administrator or the SMO for the proper review of the application.
(3) 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.
(4) 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.
C. 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.
D. 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:
A. 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.
(1) 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").
(2) 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").
B. 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.
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.
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.