[HISTORY: Adopted by the Town Board of the Town of Milton 10-25-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
Sewers and water — See Ch. 143.
Storm sewers — See Ch. 150.
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 habitat;
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 baseflow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
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 and will minimize threats to public health and safety;
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 L.L. No. 2-2006 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 § 151-1 hereof. This L.L. No. 2-2006 seeks to meet those purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 currently in effect or as amended or revised from time to time;
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-02-01 currently in effect or as amended or revised from time to time;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increase in stream temperature, and streambank 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 property maintained and eliminate threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board of Milton has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Milton and for the protection and enhancement of its physical environment. The Town Board of Milton may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Office may:
Review the plans,
Upon approval by the Town Board of the Town of Milton, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or
Accept the certification of a licensed professional that the plans conform to the requirements of this L.L. No. 2-2006.
All land development activities subject to review and approval by the Town Board of Milton, Town of Milton Planning Board, and/or Town of Milton Code Enforcement Official under Town subdivision, site plan, erosion control and/or special permit regulations shall be reviewed subject to the standards contained in L.L. No. 2-2006.
The following activities may be exempt from review under L.L. No. 2-2006.
Agricultural activity as defined in L.L. No. 2-2006.
Silvicultural activity except that landing areas and log haul roads are subject to L.L. No. 2-2006.
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
Any part of a subdivision if a plat for the subdivision has been approved by the Town of Milton on or before the effective date of L.L. No. 2-2006.
Land development activities for which a building permit has been approved on or before the effective date of L.L. No. 2-2006.
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, vegetable and other plants primarily for use by that person and his or her family.
Landscaping and horticultural activities in connection with an existing structure.
Erosion and sediment control inspection.
The Town of Milton Stormwater Management Officer may require such inspections as necessary to determine compliance with L.L. No. 2-2006 and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of L.L. No. 2-2006 and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Milton enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
Start of construction.
Installation of sediment and erosion control measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and shall then provide suggested corrective actions to be taken to remedy the violations, which actions must be approved by the Stormwater Management Office prior to their commencement. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
Stormwater management practice inspections. The Town of Milton Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional or engineer acceptable to the Town.
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.
Submission of reports. The Town of Milton Stormwater Management Officer may require additional monitoring and reporting from entities subject to L.L. No. 2-2006 as are necessary to determine compliance with L.L. No. 2-2006.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Milton or its agent the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Milton in its approval of the stormwater pollution prevention plan, the Town of Milton shall 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 Milton as the beneficiary. The security shall be in an amount to be determined by the Town of Milton 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 Milton, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Milton. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or property owner, or by a corporation that owns or manages a residential, commercial or industrial facility, the developer or property owner, prior to construction, may be required to provide the Town of Milton with an irrevocable letter of credit from an approved financial institution or surety, or other security acceptable to the Town, to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or property owner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Milton may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. In the event the funds held are not enough to cover such costs, or no longer in place, the Town may do the work, or have a third party do the work, and charge the costs back to the developer or property owner. The developer and/or property owner shall allow Town workers or third parties hired by the Town to enter on to the premises to perform such work. Failure to allow access to the premises shall entitle the Town to a court order or injunction requiring access with all costs and expenses incurred in order to obtain such to be paid by the developer and/or property owner.
Recordkeeping. The Town of Milton shall require entities subject to L.L. No. 2-2006 to maintain weekly, monthly, and/or yearly records demonstrating compliance with L.L. No. 2-2006.
Notice of violation. When the Town of Milton determines that a land development activity is not being carried out in accordance with the requirements of L.L. No. 2-2006, 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 L.L. No. 2-2006 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 municipality by filing a written notice of appeal within 15 days of service of notice of violation.
Stop-work orders. The Town of Milton may issue a stop-work order for violations of L.L. No. 2-2006. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Milton 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 L.L. No. 2-2006.
Violations. Any land development activity that is commenced or is conducted contrary to L.L. No. 2-2006 may be restrained by injunction or otherwise abated in a manner provided by law.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of L.L. No. 2-2006 shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of L.L. No. 2-2006 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 L.L. No. 2-2006, the Stormwater Management Officer working with the Code Enforcement Official may cause to prevent the issuance of a certificate of occupancy, or if already issued, may prevent the occupancy or use of said building or land.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Milton may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
The Town of Milton may require any person undertaking land development activities regulated by L.L. No. 2-2006 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Milton or performed by a third party for the Town of Milton.