[Added 12-3-2007 by L.L. No. 3-2007]
A.
Findings. It is hereby determined that:
(1)
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;
(2)
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(8)
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; and
(9)
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.
B.
Purpose. The purpose of this article 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 § 245-59A of this chapter. This article seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit No. GP-02-02, or as amended or revised;
(2)
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, Permit No. GP-0-10-001,
or as amended or revised;
[Amended 12-11-2012]
(3)
Minimize increases in stormwater runoff from land
development activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
A.
Applicability. This article shall be applicable to
all land development activities subject to review for compliance with
the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities, Permit No. GP-0-10-001, or as amended or
revised.
[Amended 12-11-2012]
B.
Exemptions. The following activities shall be exempt
from review under this article:
(1)
Agricultural activity;
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article;
(3)
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;
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the SMO;
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Niagara on or before the effective
date of this article;
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this article;
(7)
Cemetery graves;
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles;
(9)
Emergency activity immediately necessary to protect
life, property or natural resources;
(10)
Activities of an individual engaging in home
gardening by growing flowers, vegetables or other plants primarily
for use by that person and his or her family;
(11)
Landscaping and horticultural activities in
connection with an existing structure.
A.
The Town of Niagara shall designate an SMO who shall
accept and review all SWPPPs. The SMO may:
(1)
Review the SWPPPs;
(2)
Upon approval by the Town Board, engage the services
of a New York State licensed professional engineer to review the SWPPPs,
specifications and related documents at a cost not to exceed a fee
schedule established by the Town Board; or
(3)
Accept the certification of a licensed professional
that the SWPPPs conform to the requirements of this article.
B.
For all land development activities subject to review
and approval by the Code Enforcement Officer, MS4 Officer, Town Engineer,
Planning Board, or Town Board of the Town of Niagara under subdivision,
planned unit development, site plan, or development permit regulations,
the applicant or developer shall be required to submit a SWPPP that
complies with the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities, to the SMO.
[Amended 12-11-2012]
(1)
Initial review by SMO. Within 45 days of receipt of
a SWPPP, the SMO shall forward the SWPPP, together with his or her
written recommendation to approve, approve with modifications, or
disapprove the SWPPP, to such employee, officer, or board of the Town
of Niagara which is reviewing an application for approval of a land
development activity requiring submission of a SWPPP. A recommendation
of approval shall only be given if the SWPPP complies with the requirements
of this article. In making a recommendation to approve with modifications
or disapprove the SWPPP, the SMO shall state the reasons for the decision
in writing.
(2)
Review by final reviewing body. The employee, officer,
or board of the Town of Niagara reviewing the application for approval
of a land development activity shall review the SWPPP and recommendation
of the SMO and shall act to approve, approve with modifications, or
disapprove the SWPPP. Such reviewing body shall not act to approve
the SWPPP unless it complies with the requirements of this article.
If the reviewing body acts to approve with modifications or disapprove
the SWPPP, the reasons for the decision shall be stated in writing.
In order to be approved, the applicant shall revise a SWPPP that has
been approved with modifications or disapproved in accordance with
the recommendations of the reviewing body and shall submit the revised
SWPPP to such body for review.[1]
[1]
Editor's Note: Former Subsection C, regarding land development
activities not subject to review, which immediately followed this
subsection, was repealed 12-11-2012.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed and no land development activity shall be commenced until
the SMO or such employee, officer, or board of the Town of Niagara
reviewing an application for approval of a land development activity
requiring submission of a SWPPP has received a SWPPP that complies
with the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities, Permit No. GP-0-10-001, or as amended or
revised.
[Amended 12-11-2012]
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide, at a minimum, the following
information:
[Amended 12-11-2012]
(a)
Background information about the scope of the
project, including the location, type and size of the project.
(b)
Site map/construction drawing(s) for the project,
including a general location map. The site map should be at a scale
of no smaller than one inch to 100 feet. 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 land development activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless 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; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(q)
Description of each postconstruction stormwater
management practice;
(r)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(s)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(t)
Comparison of postdevelopment stormwater runoff
conditions with predevelopment conditions;
(u)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(v)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(w)
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;
(2)
[1]The SWPPP shall be prepared by a licensed professional
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meets
the requirements in this article.
[1]
Editor's Note: Former Subsection B(2), regarding water quantity
and quality controls for certain activities, and former Subsection
B(3), regarding SWPP requirements for conditions A, B or C, were repealed
12-11-2012. This resolution also provided for the renumbering of former
Subsection B(4) as B(2).
C.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
D.
Contractor certification.
(1)
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 that I understand and agree to comply with the terms
and conditions of the SWPPP 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 New York State Pollutant Discharge Elimination
System (SPDES) general permit for stormwater discharges from construction
activities and that it is unlawful for any person to cause or contribute
to a violation of water quality standards. Furthermore, I understand
that certifying false, incorrect or inaccurate information is a violation
of the referenced permit and the laws of the State of New York and
could subject me to criminal, civil and/or administrative proceedings."
[Amended 12-11-2012]
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall be included with
and become part of the SWPPP for the land development activity.
E.
A copy of the SWPPP 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.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this section,
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 section:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards set forth in § 245-63A of this article, the applicant or developer shall demonstrate equivalence to such technical standards.
C.
Water quality standards. 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 and inspection during construction.
(1)
The applicant or developer of the land development
activity or their representative 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 article.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)
For land development activities subject to § 245-60 of the Town Code, the applicant shall have a qualified inspector perform site inspections in accordance with the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, Permit No. GP-0-10-001, or as amended or revised.
[Amended 12-11-2012]
B.
Maintenance easement(s). Prior to the issuance of
any approval that has a stormwater management facility as one of the
requirements, 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 periodic inspection
by the Town of Niagara to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this section. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel
for the Town of Niagara.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, as a minimum, the following:
(1)
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 article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 245-63 of this article.
(4)
Maintenance agreements. The Town of Niagara 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 on the property prior to final
plan approval. The maintenance agreement shall be consistent with
the terms and conditions of Appendix C of this chapter, entitled "Sample
Stormwater Control Facility Maintenance Agreement." The Town of Niagara,
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 section
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
A.
Construction Inspection.
(1)
Erosion and sediment control inspection.
(a)
The SMO may require such inspections as necessary
to determine compliance with this article 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 article and the
SWPPP as approved. To obtain inspections, the applicant shall notify
the SMO at least 48 hours before any of the following, as required
by the SMO:
[1]
Start of construction;
[2]
Installation of sediment and erosion control
measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; or
[8]
Successful establishment of landscaping in public
areas.
(b)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. 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.
(2)
Stormwater management practice inspections. The SMO
is responsible for conducting inspections of SMPs. All applicants
are required to submit as-built plans for any SMPs 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 engineer.
(3)
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.
(4)
Submission of reports. The SMO may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
(5)
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 storm water system, the landowner shall grant to the Town of Niagara the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 245-65A(3) of this article.
B.
Performance guarantee.
(1)
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
Niagara in its approval of the SWPPP, the Town of Niagara 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 Niagara as the beneficiary. The
security shall be in an amount to be determined by the Town of Niagara
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 Niagara, 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 Town of Niagara. Per annum interest on cash escrow deposits shall
be reinvested in the account until the surety is released from liability.
(2)
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town of Niagara with an irrevocable
letter of credit from an approved financial institution or surety
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 landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Niagara may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(3)
Recordkeeping. The Town of Niagara may require entities
subject to this article to maintain records demonstrating compliance
with this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Town of Niagara determines
that a land development activity is not being carried out in accordance
with the requirements of this article, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
(a)
The name and address of the landowner, developer
or applicant;
(b)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
A description of the remedial measures necessary
to bring the land development activity into compliance with this article
and a time schedule for the completion of such remedial action;
(e)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed; and
(f)
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.
(2)
Stop-work orders. The Town of Niagara may issue a
stop-work order for violations of this article. 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 Niagara 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 article.
(3)
Violations. Any land development activity that is
commenced or is conducted contrary to this article may be restrained
by injunction or otherwise abated in a manner provided by law.
(4)
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this article 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 this article 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.
(5)
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this article, the SMO may prevent the occupancy of said building
or land.
(6)
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 Niagara may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
D.
Fees for services. In addition to any other fees required by law, the developer or applicant shall, upon submission of a SWPPP and at the start of any phase of construction after the first phase, pay a fee to the Town for the review of SWPPPs and related inspections, in accordance with § 139-8 of the Town Code.
