[HISTORY: Adopted by the Town Board of the Town of Milton 10-25-2006
by L.L. No. 2-2006.[1] Amendments noted where applicable.]
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 habitat;
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 baseflow;
F.
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
G.
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.
The regulation of stormwater runoff discharges from land
development activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety;
I.
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of L.L. No. 2-2006[1] 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:
A.
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;
B.
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;
C.
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;
D.
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality;
E.
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable; and
F.
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.
B.
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:
(1)
Review the plans,
(2)
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
(3)
Accept the certification of a licensed professional that the
plans conform to the requirements of this L.L. No. 2-2006.
C.
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.[1]
A.
Agricultural activity as defined in L.L. No. 2-2006.
B.
Silvicultural activity except that landing areas and
log haul roads are subject to L.L. No. 2-2006.
C.
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.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.
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.
F.
Land development activities for which a building permit
has been approved on or before the effective date of L.L. No. 2-2006.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life,
property or natural resources.
J.
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.
K.
Landscaping and horticultural activities in connection
with an existing structure.
A.
Erosion and sediment control inspection.
(1)
The Town of Milton Stormwater Management Officer may
require such inspections as necessary to determine compliance with L.L. No.
2-2006[1] 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:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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,[1] it may issue a written notice of violation to the landowner. The
notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address when available or a description of the building,
structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
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;
(5)
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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[1] 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.
