[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.
