[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-27-1993; amended in its entirety 4-26-2006 by L.L. No. 5-2006.
Subsequent amendments noted where applicable.]
A.
It is the purpose and intent of this chapter to protect
the Town of Brighton and its residents from adverse effects of stormwater
runoff caused by the modification of existing drainage systems during
construction, reconstruction or development on one or more parcels
of land, and to promote water quality.
B.
The adverse effects include but are not limited to
the following:
(1)
Increased rate of storm drainage runoff, soil movement
or erosion, decreased water quality, sediment accumulation and an
increase in peak flows caused by but not limited to:
(a)
A decrease in soil area able to absorb water
due to construction or reconstruction of streets, buildings and parking
lots.
(b)
A decrease in existing water quality of any
creek, stream, river or other water body within the Town of Brighton.
(c)
Increases in peak flows, volume, velocity and
duration of water concentration caused by altering the steepness,
distance, surface roughness and impermeability.
(2)
The obstruction of stream and channel flow by construction
or reconstruction, backfilling, excavation and refuse disposal.
A.
The design and construction of drainage systems shall
be such that watercourses traversing the development and natural water
emanating from within the development will be carried through and
off the development without adversely affecting overall runoff rate
or quantity or water quality, or injury to improvements, building
sites or buildings existing or to be installed downstream within or
adjacent to the development. Off-site drainage water entering the
development shall be received and discharged at locations and in a
manner consistent with requirements contained herein. The design of
drainage facilities within the development shall be such that they
will conform to the ultimate drainage requirements of the land within
the development watershed. The discharged flow at the downstream area
of the development shall be conducted in drainage facilities so that
the flow effect shall be restored to predevelopment conditions prior
to leaving the development area or reasonably distant therefrom.
B.
Natural drainage patterns shall be employed in preference
to rechanneling streams or watercourses. In no case shall work be
performed which directly or indirectly affects natural patterns prior
to the granting of approval by the Town, county, state and federal
agencies having jurisdiction.
C.
All domestic and industrial sewage, as defined by
the sewer provisions of the Town of Brighton, shall be excluded from
any drainage systems as herein defined.
D.
No chemicals, fuels, lubricants, sewage or other pollutants
shall be discharged into any streams, drainage or water supply systems.
E.
Fill and refuse shall not be disposed of or deposited
upon any wetland, floodplain or drainageway, except when otherwise
permitted.
F.
Man-made structures shall be placed so as not to block
or restrict, in any manner, natural drainage patterns, except where
otherwise permitted.
G.
Where land excavation or filling has been permitted,
provision shall be made for the safe conduct of surface water across
the face of the slope, for subsurface drainage as necessary and to
prevent materials from washing across or upon the property of another.
H.
Ponds and stormwater wetlands shall be employed as
required by the Town.
I.
All drainage systems and stormwater sewer capacity
shall be designed to handle the anticipated flows from the entire
upstream drainage basin when fully developed according to existing
zoning as these anticipated flows shall be determined by the Town.
J.
In order to expedite surface drainage, a minimum grade
of 5/10% shall be employed on all newly finished slopes, unless otherwise
required.
K.
Sedimentation basins and other best management practices
shall be employed as required by the Commissioner of Public Works
to prevent siltation or turbidity in watercourses or drainage systems.
L.
Drainage easements shall be identified by monuments,
acceptable to the Town, set at an angle point and at such other locations
which allow intervisibility.
M.
Surface waters and drainage, where identified as being
significant sources of groundwater replenishment and where such resources
are being utilized as a potable water supply, shall not be revised
or altered except by approval of the Town Board.
N.
Land disturbance activities meeting Condition A, below, shall include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 217-7 as applicable unless eligible for an exemption or granted a waiver by the Town Engineer in accordance with § 215-2O of the Code:
[Added 12-12-2007 by L.L. No. 15-2007[1]]
(1)
Condition A: stormwater runoff from land disturbance
activities discharging a pollutant of concern to either an impaired
water identified on the Department’s 303(d) list of impaired
waters or a total maximum daily load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of
the impairment.
[1]
Editor's Note: This local law also redesignated
former Subsection N as Subsection O.
O.
Any of the above requirements may be waived by presentation
of sufficient evidence as determined by the Commissioner of Public
Works.
Except as hereinafter provided, it shall be
unlawful for any person, firm, entity or corporation to:
A.
Modify the topography or surface qualities of any
area greater than 20,000 square feet so that the water retention characteristics
of the area are modified, unless the action has been approved by a
permit granted as herein provided. Recognized agricultural procedures
in areas zoned for such purpose are exempted from the regulations
herein defined.
B.
Place, deposit or permit to be placed or deposited
any debris, fill, sand, stone or other solid materials of any kind
or nature or construction of any kind into or across any stream, ditch,
culvert, pipe, watercourse or other drainage system without a permit
or other necessary approvals.
C.
Fill, obstruct, dam, divert or otherwise change or
alter the natural or artificial flow of waters or drainage or the
intensity or quantity of flow through any stream, ditch, pipe, culvert,
watercourse or other improvement or drainage system without a permit
or other necessary approvals.
D.
Prohibited discharges.
[Added 12-12-2007 by L.L. No. 15-2007]
(1)
Discharge or cause to be discharged into the storm
drainage system or watercourses any materials, including, but not
limited to, pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards,
other than stormwater. Such activities include failing private sewage
disposal systems, improper management of animal waste or any other
activity that causes or contributes to violations of the Town’s
MS4 SPDES permit authorization.
(2)
Fail, upon notification that he or she is engaged
in activities that cause or contribute to violations of the municipality’s
MS4 SPDES permit authorization, to take all reasonable actions to
correct such activities such that he or she no longer causes or contributes
to violations of the municipality’s MS4 SPDES permit authorization.
E.
Construct, use, maintain or suffer to continue any
illicit connection to the storm drainage system. This prohibition
expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this chapter if the person
connects a pipe or line conveying sewage to the storm drainage system
or allows such a connection to continue.
[Added 12-12-2007 by L.L. No. 15-2007]
F.
Construct or maintain any cesspool, sewage disposal
system, pipe or drain so as to expose or discharge the sewage contents
or other deleterious liquids or matter therefrom to the atmosphere
or on the ground surface or into any storm sewer or drain or so as
to endanger any watercourse or body of water unless a permit for such
discharge shall have been issued therefor by the Monroe County Department
of Health or by the State Department of Health or the State Department
of Environmental Conservation, and such discharge shall be made in
accordance with the requirements thereof. Owners or operators of private
sewage disposal systems shall operate, maintain and inspect such systems
in accordance with the Monroe Sanitary Code.
[Added 12-12-2007 by L.L. No. 15-2007]
G.
The following discharges are exempt from discharge
prohibitions established by this chapter: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated and non-sediment-laden pumped groundwater,
foundation or footing drains (not including active groundwater dewatering
systems), crawl space pumps, air-conditioning condensation, springs,
noncommercial washing of vehicles, natural riparian habitat or wetland
flows, swimming pools (if dechlorinated, typically less than one PPM
chlorine), fire-fighting activities and any other water source not
containing pollutants. Regardless of exemption, best management practices
should be implemented to reduce impacts from the above activities.
[Added 12-12-2007 by L.L. No. 15-2007]
H.
Discharges, specified in writing by the Town of Brighton
as being necessary to protect public health and safety, are exempt
from discharge prohibitions established by this chapter.
[Added 12-12-2007 by L.L. No. 15-2007]
I.
Dye testing and smoke testing are allowable discharges,
but require a verbal notification to the Town prior to the time of
the test.
[Added 12-12-2007 by L.L. No. 15-2007]
J.
The prohibition shall not apply to any non-stormwater
discharge permitted under SPDES permit, waiver or waste discharge
order issued to the discharger and administered under the authority
of the New York State Department of Environmental Conservation, provided
that the discharger is in full compliance with all requirements of
the permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system by the Town.
[Added 12-12-2007 by L.L. No. 15-2007]
A.
Hydrologic:
(1)
The drainage channels for watercourses numerically
identified in the Town drainage study shall be provided to accommodate
not less than the minimum flows indicated in the drainage report.
These values shall be independently verified by their users using
hydrologic technology recommended herein, and the hydrologic analysis
thereof shall become part of the supporting data of the proposed drainage
plans. The minimum flow requirements for the ultimate channel of the
watercourses shall be determined in accordance with not less than
the following frequencies:
(a)
Primary watercourses shall be designed for an
average recurrence interval of 100 years in the determination of the
ultimate channel.
(b)
Secondary watercourses shall be designed for
an average recurrence interval of 25 years in the determination of
the ultimate channel.
(c)
Tertiary watercourses shall be designed for
an average recurrence interval of 10 years in the determination of
the ultimate channel.
(2)
The capacity of the channel that will occupy the ultimate
drainage easement within the development shall be based upon both
the existing degree and anticipated rate of urbanization within the
development watershed and the type of development possible under the
Comprehensive Development Regulations, as the same may be modified
from time to time. Wherever a development may be located within a
watershed undergoing initial stages of urban development, the proposed
drainage system shall adequately pass the flows that would develop
from continued urbanization within the useful life of the proposed
channel improvement or system. Proposed drainage systems within developments
located in watersheds that may be in the advanced stages of urbanization
shall be designed and constructed to pass the project design flow
determined for the ultimate urbanization of the tributary watershed,
and/or where required, storage basins may be provided to increase
the capacity of the drainage system and attenuate flows to downstream
drainage structures such that their capacities will not be exceeded.
(a)
Types.
[1]
These storage basins may be of the following
types:
[a]
A detention basin, drained by gravity through
a control-sized pipe located at the downstream end of the basin.
[b]
A retention basin, where a portion of the drainage
occurs by gravity. Inflow is usually over a side channel spillway
leading from a natural channel. The spillway operates only when excessive
normal channel flow is incipient.
[c]
A stormwater wetland, designed in accordance
with the requirements of the Irondequoit Watershed Collaborative's
most recent report, and the NYS Stormwater Management Design Manual
(most recent edition).
[2]
Preference shall be given to the utilization
of stormwater wetlands whenever possible instead of detention or retention
basins.
(c)
Storage basins are sized to accept excessive
flow over and above the capacity of downstream drainage facilities.
They may be used to ameliorate flows through a proposed development
or from a proposed development.
(3)
For undeveloped areas of the tributary watershed,
the percentage of surface classification shall be based upon the Town
of Brighton's Land Use, Zoning and Soils Maps[1] and correlated with projected land uses developed by the
Town Master Plan. Wherever a development watershed contains extensive
permanent open land uses such as railroads, public parks, cemeteries
and parkways, such factors may be additionally be considered in determining
an appropriate coefficient of runoff.
[1]
Editor's Note: The maps are on file in the
Building and Planning Department offices.
(4)
The design flow for major watercourses is offered
in the Town drainage study. Design flows for tertiary and secondary
watercourses shall be determined by the developer's engineer and approved
by the Town.
(5)
Drainage systems classified as tertiary and secondary
shall be tested by engineering computations to pass the flow requirements
of the next higher design level. If engineering computations indicate
that only minor inundation results without damage or loss of accessibility,
the system may be considered adequate.
B.
Hydraulic:
(1)
Hydraulic design.
(a)
The hydraulic design shall be performed in accordance
with the hydrologic criteria specified herein with the ultimate stormwater
control being quantified with respect to the watercourse to which
the development is tributary. The ultimate stormwater control capacity
volume shall be based upon the design recurrence interval with the
discharge rate from the structure's outfall not exceeding the criteria
set forth as follows:
|
Watercourse
Designation
|
Design
Recurrence
Interval
|
Stormwater Control Design
|
|---|---|---|
|
Primary
|
100-year
|
Difference of 100-year developed and 25-year
undeveloped
|
|
Secondary
|
25-year
|
Difference of 25-year developed and 10-year
undeveloped
|
|
Tertiary
|
10-year
|
Difference of 10-year developed and 2-year undeveloped
|
(b)
In all instances, the outlet structure of the
stormwater control facility shall uniformly regulate the discharge
of stormwater throughout the range of the storm events accordingly.
The design structure shall be such that the incremental control is
consistent for the difference between pre- and postdevelopment runoff
as stipulated in the design recurrence interval for the watercourse,
as well as controlling all lesser events in the same manner.
(2)
The hydraulic design of development drainage systems
shall be in accordance with modern standard procedures, endorsed by
the American Society of Civil Engineers.
(3)
Hydraulic design shall conform to the latest professional
manuals dealing with the many facets which constitute a comprehensive
drainage system, including water quality management measures.
(4)
The hydraulic design of closed drainage systems shall
conform in basic details to the American Society of Civil Engineers
Manual of Engineering Practice Number 37 (or most recent edition)
and such applicable manuals that would supplement or integrate advanced
and proved hydraulic principles and basic assumptions. Open and closed
drainage systems shall be designed to provide complete drainage for
all elements within the development and shall include all appurtenances
essential for the adequate performance thereof. The size of conduits
shall be determined in accordance with slopes that produce a minimum
velocity of three feet per second when flowing full.
(5)
A development grading plan indicating a contour interval
suitable for the map scale shall be provided to show detailed comprehensive
and efficient surface drainage for all lots within and immediately
adjacent to the development.
C.
Structural. Catch basins, manholes, inlet structures
and other appurtenances placed within the development shall conform
to standards approved by the Town Board. The structural design of
all drainage appurtenances shall be subject to approval by the Commissioner
of Public Works or designee, and shall conform to standard specifications
adopted by the Town Board.
(1)
Channels. The minimum center-line radius of constructed
curved channels shall be at least three times the bottom width of
the channel for subcritical flow. The minimum bottom width of constructed
channels shall be four feet. The creation of excessive numbers of
curves in open channels shall be avoided by reason of the increase
in friction loss and the potential erosion due to spiral flow. Outer
bank protection, especially at the downstream end of the curve and
to a lesser degree on the inner bank at the beginning of the curve,
may be required by the Commissioner of Public Works. Earth channels
constructed within the development shall have side slopes of one to
four or flatter, unless otherwise approved by the Commissioner of
Public Works.
(2)
Enclosed conduits. Except for adequate natural watercourses,
all storm drainage within the development which is capable of being
transmitted in a thirty-six-inch-diameter pipe shall be carried in
an enclosed conduit. This size may be varied, either increased or
decreased, according to topographic conditions or an economic analysis
of the cost of the conduit against an equivalent open channel, provided
that the ultimate selection is in the public interest. The minimum
conduit size shall be 12 inches in diameter. Manholes shall be provided
at all changes in grade and direction. Spacing of manholes and minimum
cover of conduits shall conform to the standard practice endorsed
by the American Society of Civil Engineers. Inverted siphons shall
not be permitted except for temporary structures.
All existing obstructions, dams, diversions,
construction of any kind, deposits of debris, fill, sand or other
solid material, including erosion, or other alterations or diversions
of the natural flow of water or the intensity or water quantity of
flow through, across or to any stream, ditch, culvert, watercourse
or other drainage system which cause the inundation of real property,
buildings or other premises or, in the opinion of the Commissioner
of Public Works, constitute an undue burden upon the drainage system
or hamper the proper present or future course of development of the
drainage system or, in the opinion of the Commissioner of Public Works,
presently constitute or in the reasonable foreseeable future will
constitute a danger of hazard to the well-being, safety or general
welfare of the residents of the Town or any property located therein
or constitute, in the case of wild growth of natural vegetation or
brush, an obstruction which may cause flooding, inundation or diversion
of water upon other premises, shall be removed or corrected by the
owners of the premises upon which said obstructions, dams, diversions,
construction, deposits, erosion or other alterations of the natural
flow are situated within 30 days after written notice to remove or
correct the same by the Commissioner of Public Works; subject, however,
to appeal by such owner to the Town Board within 10 days of such notice.
A.
Easements for enclosed conduits and appurtenances.
An easement not less than 20 feet in width, sufficient to contain
the enclosed conduit and appurtenances thereof and to provide working
space for personnel and equipment for the servicing thereof, shall
be indicated on the map of the development and designated as follows:
"Drainage Easement to Town of Brighton." Drainage easements for enclosed
conduits shall, insofar as possible, be placed along or adjacent to
lot boundary lines in a parallel and straight alignment.
B.
Easement for natural watercourses:
(1)
Natural primary watercourses which traverse a development
shall be preserved by an easement of sufficient width, including overbanks,
which will adequately pass the project design flow. The gross allowable
depth of flow shall not create a flood hazard to existing or proposed
development and improvements. The channel and overbank widths, together
with a minimum twenty-foot continuous maintenanceway on each side,
shall constitute the floodway encroachment limits with a minimum width
of 100 feet. Wherever such natural watercourses are endowed with significant
natural beauty and have adequate capacity or have been determined
to have value for fish and wildlife, the developer may dedicate widths
in addition to those required above on the map of the development
with the following designation: "Easement to Town of Brighton."
(2)
In natural tertiary and secondary watercourses which
contain insufficient waterway area to convey the flow from the ultimate
development, but which may prove deficient only at infrequent intervals
and locations, and where minor improvements could provide an adequate
channel and still preserve, in the main, the natural channel beauty
or fish and wildlife values, the developer shall make such minor channel
improvements as are required to provide a channel which would otherwise
meet the conditions of these regulations. However, the developer shall
dedicate the full width required to contain the ultimate channel,
together with a minimum twenty-foot-wide continuous maintenanceway
on one side of the ultimate channel. When the water surface exceeds
20 feet in width, the continuous maintenanceway shall be 20 feet on
each side. The outside of the continuous maintenanceway shall constitute
encroachment limits. Additional widths of scenic areas and areas of
natural wetlands, which for economic reasons or limited suitability
would not warrant improving for urban development, may be dedicated
by the developer in addition to those above. Areas offered for dedication
to the Town as drainage easements, if considered of special interest
to the Town by the Planning Board, may be considered by the Planning
Board as dedication for municipal purposes for the purpose of § 278
of the Town Law and its authority thereunder.
[Amended 3-25-2009 by L.L. No. 1-2009]
(3)
Easement for constructed channels and appurtenances.
Earth channels constructed within the development shall have sufficient
easement dedicated to contain the top width of the channel, plus a
minimum twenty-foot continuous maintenanceway on one side thereof
for channels less than 20 feet in width at the water surface. A twenty-foot
continuous maintenanceway shall be provided on both sides of the channel
with a water surface width greater than 20 feet. The ultimate channel
shall meet the flow requirements for the development of the tributary
drainage area. The allowable depth of flow to pass the project design
flow shall not create a flood hazard to existing and proposed developments
and improvements. A minimum of one foot freeboard above the design
hydraulic gradient shall be provided to contain the effects of flow
transmission factors. The outside of the continuous maintenanceway
shall constitute encroachment limits. The easements for constructed
channels shall be indicated on the map of the development and designated
as follows: "Drainage Easement to Town of Brighton."
The developer shall submit detailed drainage
stormwater management plans with a report containing sufficient data
for the Commissioner of Public Works to check the feasibility of the
drainage system as proposed by the developer. The methodology shall
adhere to the stipulations outlined herein and conform to the Irondequoit
Watershed Collaborative Report's most recent requirements, N.Y.S.
Department of Environmental Conservation's Standards and Specifications
for Erosion and Sediment Control (most recent edition) and the N.Y.S.
Stormwater Management Design Manual (most recent edition). The following
data shall be included:
A.
Site characteristics:
(1)
A topographic survey showing existing and proposed
contours, including area necessary to determine upstream and downstream
analysis for the proposed drainage system.
(2)
A soils investigation, including, where appropriate,
borings for construction of small ponds and infiltration practices.
(3)
A description of all watercourses, impoundments and
wetlands on or adjacent to the site or into which stormwater flows.
(4)
Delineation of the one-hundred-year floodplain, if
applicable.
C.
Hydraulic:
(1)
The plan and profile of all drainage systems.
(2)
The sizes and types of drainage improvements, including
special structures, typical sections, easements, width and fencing.
(3)
When required, supporting calculations for upstream
and downstream channel capacities as they affect water surface levels
and backwater within the development. Such calculations shall be supported
by such additional survey information as may be required to determine
a profile and cross section of the upstream and downstream channel
reaches of the development under consideration.
(4)
A detailed development grading plan prepared to suitable
contour intervals with grading details to indicate proposed street
grades and surface elevations at critical points throughout the development.
D.
Stormwater pollution prevention plan ("SWPPP"). Prior
to final approval of any modification of the topography or surface
qualities of any area greater than 20,000 square feet, an SWPPP shall
be prepared by the applicant in accordance with the specifications
outlined by the Town, reviewed by the appropriate board and approved
by the Town Engineer. This plan must be prepared in accordance with
sound engineering practices by a qualified professional. The final
plan must be signed by a New York State licensed professional engineer
(PE), who will certify that the design of all construction phase and
postconstruction phase stormwater pollution prevention and erosion
and sediment control practices meets the requirements outlined in
the Town's design criteria and the New York State Standards and Specifications
for Erosion and Sediment Control and shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the
Town Engineer.
[Amended 12-12-2007 by L.L. No. 15-2007
(1)
Minimum requirements. The plan shall include but not
necessarily be limited to the following:
(a)
Contact information that includes the name,
address, and telephone number of all persons having a legal interest
in the property and the tax reference number and parcel number of
the subject property or properties.
(b)
A one-inch-equals-fifty-feet topographic base
map of the site which extends a minimum of 100 feet beyond the limits
of the proposed development and indicates existing surface water drainage
features, including receiving waters (name of the water, its classification
and designation), streams, ponds, culverts, ditches, and wetlands;
areas of disturbance; areas that will not be disturbed; locations
of utilities, roads, soils types, forest cover, and resources protected
under other chapters of this Code or by easements; and significant
natural and man-made features not otherwise shown. The map shall also
include the existing and proposed grading contours, waste areas, borrow
areas, equipment and material storage areas and proposed concrete
clean out basin(s) and construction entrance.
(c)
A sequence for construction of the development
site, including stripping and clearing, rough grading, construction
of utilities, infrastructure, and buildings, and final grading and
landscaping. Sequencing shall identify the expected date on which
clearing will begin, the estimated duration of exposure of cleared
areas, and the sequence of clearing, installation of temporary erosion
and sediment control measures, and establishment of permanent vegetation.
Consistent with the New York Standards and Specifications for Erosion
and Sediment Control Manual, not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP and a letter
of permission from the NYSDEC.
(d)
Illustration of all necessary erosion and sediment
control measures and the dimensions, material specifications and installation
details for each in order to meet the objectives of this local regulation
throughout all phases of construction and completion of development
of the site. Depending on the complexity of the project, the drafting
of intermediate plans may be required at the close of each season.
(e)
Identification of the parts or components of
the SWPPP that require maintenance. Furthermore, it shall also provide
a schedule of required maintenance and identify the party responsible
for such work.
(f)
Identification of all temporary practices that
will be converted to permanent control measures.
(g)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on-site with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials to stormwater; and a description of spill prevention and
response measures.
(h)
A description of the 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 disturbance to project closeout, including who will
be responsible for the maintenance of said features at the site and
what practices will be employed to ensure that adequate vegetative
cover is established.
(i)
Assurance that all other applicable environmental
permits have been acquired for the site prior to initial land disturbance.
Copies of the applicable environmental permits and of the NYSDEC's
acknowledgement letter for receipt of the applicant's notice of intent
shall be provided to the Town Engineer.
(j)
Assurance that the applicant's licensed design
engineer or other qualified professional shall be on site at all times
when earthwork or grading activity takes place and shall inspect and
document the effectiveness of all erosion and sediment control practices
and all other aspects of the SWPPP in accordance with local and federal
requirements.
(k)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or stormwater management practice
installation and maintenance shall be identified in the SWPPP. All
such contractors and subcontractors shall sign a copy of the following
certification statement before undertaking any construction activity
at the site: “I certify under penalty of law that I understand
and agree to comply with the terms and conditions of the SWPPP. I
also understand that it is unlawful for any person to cause or contribute
to a violation of the water quality standards.” 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. The certification statement must be included in the SWPPP.
(l)
The required plans may be referred to in the
detailed construction plans.
(2)
Design requirements of the plan. Grading, erosion
control practices, pollution prevention practices, sediment control
practices, and waterway crossings shall meet the design criteria set
forth in the most recent version of the Town of Brighton's Design
Standards; NYS Stormwater Management Design Manual; and NY Standards
and Specifications for Erosion and Sediment Control; and shall be
adequate to prevent transportation of sediment from the site to the
satisfaction of the Town Engineer. If there is a conflict between
any of the standards, the more stringent standard shall apply.
(3)
Modifications to the plan after approval.
(a)
Major amendments of the SWPPP shall be submitted
to the Town Engineer and shall be approved or disapproved.
(b)
The applicant shall amend the SWPPP whenever:
[1]
Change in design; ineffective SWPPP.
[a]
There is significant change in design, construction,
operation, or maintenance which may have a significant effect on the
potential for the discharge of pollutants to the waters of the United
States and which has not otherwise been addressed in the SWPPP; or
[b]
The SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this chapter.
[2]
Additionally, the SWPPP shall be amended to
identify any new contractor or subcontractor that will implement any
measure of the SWPPP.
(c)
Amendments to the SWPPP may be reviewed by the
Town. A copy of the newly amended SWPPP must be provided to the Town
within five business days.
(d)
Field modifications of a minor nature may be
authorized by the Town Engineer by written authorization to the applicant.
A.
The final construction plans for drainage disposal
within the development shall conform to the provisions of these regulations,
subsequent amendments thereto and any particular conditions as required
by the Commissioner of Public Works in approving the proposed plans
and supporting data thereof. The construction plans for the drainage
requirements shall be approved by the Commissioner of Public Works
prior to the construction of any drainage facility within the development.
B.
The plans shall bear the certification of a licensed
professional engineer as evidence of the professional responsibility
for the drainage planning within the development and shall contain
the following information:
(1)
A vicinity sketch and boundary line survey of the
site on which the work is to be performed.
(2)
Location of any existing buildings, structures, utilities,
sewers, water and storm drains and all easements on the site where
the work is to be performed.
(3)
Location of any building or structure on lands of
adjacent property owners within 50 feet of the site.
(4)
Spot elevations and existing and proposed contours,
dimensioned extent of all work proposed to be done and existing shrub
masses and trees with a diameter of two inches or more to be accurately
located and labeled.
(5)
A certification of the volume of excavation and fill
involved and the quality of fill.
(6)
Detailed plans of all drainage provisions, retaining
walls, cribbing, vegetative practices, erosion and sediment control
measures consistent with those measures recommended in the New York
Standards and Specifications for Urban Erosion and Sedimentation Controls
(most recent edition), location of approved fences around sedimentation
basins, steep excavations or ponding areas and other protective devices
to be constructed in connection with or as part of the proposed work,
together with a map showing the drainage area of land tributary to
the site and estimated cubic-foot-per-second runoff of the area served
by any drain, computed in accordance with current Town Department
of Public Works storm drainage criteria.
(7)
A timing schedule and sequence indicating the anticipated
starting and completion dates of the development sequence, stripping
and/or clearing, rough grading and construction, final grading and
vegetative establishment and maintenance and the time of exposure
of each area prior to the completion of effective erosion and sediment
control measures and any traffic or noise problems.
(8)
The depth to bedrock if determined during site evaluation.
(9)
The depth of the water table if determined during
site evaluation.
(10)
A complete maintenance schedule for the recommended
best management practices, including, but not limited to, drainage
structures, channels, ponds and appurtenances.
(11)
Soil borings if determined during site evaluation.
(12)
A general description of the watershed.
(13)
Structural details of all components of the proposed
drainage system and stormwater management facilities.
C.
All drainage construction shall be subject to inspection.
Any field changes which affect the intent of these provisions shall
have the prior approval of the Commissioner of Public Works. Developers
shall complete and submit an environmental impact statement when required
by law.
D.
In certain cases, the Commissioner of Public Works
may waive the requirements for detailed construction plans and certification
of plans by a licensed professional engineer on one- or two-lot parcels
when the work proposed involves only minor modifications or alterations
to the drainage system and when disturbance is less than 20,000 square
feet. In the event that detailed plans are waived, the developer shall
be required to submit construction plans containing sufficient data
for the Commissioner of Public Works to check the feasibility and
adequacy of the drainage system as proposed by the developer.
A.
Application for permit. A property owner(s) shall initiate a request for a permit or modification of a permit by filing an application with the Commissioner of Public Works. The application shall be accompanied by scale plans or drawings as described in §§ 215-7 and 215-8, in the amount of six complete copies, and the permit fee.
B.
Standards governing permits.
(1)
In granting any permit, the Commissioner of Public
Works or designee may attach such conditions as may be deemed necessary
to prevent danger to public or private property, prevent any denigration
of water quality, or prevent any danger to any sewer, storm drain
or watercourse, or to prevent the operation from being conducted in
a manner hazardous to life or property or in any manner that will
create a nuisance. Such conditions may include but are not limited
to the erection or installation of walls, dams and structures; planting
and vegetation; erosion and sediment control measures or devices;
the furnishing of necessary easements; and a specified method and/or
sequence of performing the work.
(2)
Major modifications of the approved permit shall be
submitted to the Commissioner of Public Works or designee and reprocessed
in the same manner as the original permit. Field modifications of
a minor nature may be authorized by the Commissioner of Public Works,
provided that the Commissioner of Public Works shall monitor and approve
the drainage change in writing.
The Town of Brighton shall require from the
developer a surety or cash bond, irrevocable letter of credit or other
means of security acceptable to the Town of Brighton prior to the
issuance of any building permit or grading permit for construction
of a development requiring a stormwater management facility or drainage
system. The amount of the security shall not be less than the total
estimated construction cost of the stormwater management facility
or drainage system inclusive of the SWPPP measures. The bond so required
in this section shall include provisions relative to forfeiture for
failure to complete work specified in the approved stormwater management
plan, compliance with all the provisions of this chapter and other
applicable laws and regulations, and any time limitations. The bond
shall not be fully released without a final inspection of completed
work by the Commissioner of Public Works; submission of as-built plans
and certification of completion by their design professional of the
stormwater management facility or drainage system as being in compliance;
and acceptance of the various stages of development as specifically
delineated, described and scheduled on the required plans and specifications.
The developer shall notify the Commissioner of Public Works upon completion
of each stage that is ready for inspection.
Any application for or acceptance of any permit issued or requested pursuant to Chapter 215 constitutes agreement and consent by the person making application or accepting the permit to allow staff and agents of the Town to enter upon the premises with valid consent to conduct inspections as required by Chapter 215. Refusal to allow the Town to conduct said inspections of the premises and the records related to such permit or required to be maintained by Chapter 215 shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Town deem it necessary, it may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
A.
The Town Engineer or designated agent shall make inspections
as hereinafter required and shall either approve that portion of the
work completed or shall notify the applicant that the work fails to
comply with the SWPPP. In addition, the Town reserves the right to
enter the work site at any reasonable time for purposes of inspection.
The SWPPP and the records of any inspections completed by the owner
or his or her agent shall be maintained at the site in the site logbook
throughout the duration of construction. (Note: For those projects
that require a NYSDEC SPDES General Permit for Stormwater Discharges
from Construction Activity, a single site logbook should be maintained
for both permits.)
(1)
The applicant shall notify the Town at least 48 hours
before the following required inspections:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been
installed and stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
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 earthwork shall be conducted
on the site, except for site stabilization, until the violations are
corrected and approved by the Town Engineer.
B.
Property owner/developer inspections. The applicant
shall employ a licensed design engineer or other qualified professional
who will oversee the implementation of the SWPPP on a daily basis.
The applicant shall also employ the services of a qualified professional
in erosion and sediment control who will inspect and document the
effectiveness of all erosion and sediment control practices. The documentation
will be kept in a site logbook. Inspection reports will be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. A monthly summary of reports will
be copied to the site logbook and delivered to the Town Engineer within
five days after the month's end.
A.
Duration.
(1)
For a project that requires a NYSDEC stormwater permit,
the SWPPP approved by the Town shall be in effect until:
(2)
For projects that do not require a NYSDEC notice of
termination, the SWPPP is in effect until a final inspection is conducted
and the Town has issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all stormwater pollution prevention and erosion and sediment control measures which are installed or used by the applicant to achieve compliance with the conditions of Chapter 215 and any permit issued hereunder. The 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.
(2)
At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring,
an applicant may request a reduction in the frequency of the required
weekly site inspections to monthly inspections. In order to reduce
inspection frequencies, the applicant must complete stabilization
activities before proper installation is precluded by snow cover or
frozen ground. If vegetation is used as a stabilization method, seeding,
planting, and/or sodding must be scheduled to avoid fall frosts and
to allow for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide
elevation as-builts to the Town;
(3)
Establish perennial vegetative cover to a density
of 80% over all areas not paved;
(4)
Removal of all debris and temporary erosion and sediment
control practices;
(5)
Provide a written certification by a registered professional
engineer that the site has undergone final stabilization and that
all temporary erosion and sediment controls, not needed for long-term
erosion control, have been removed;
(6)
Complete any other work reasonably required by the
Town Engineer.
D.
Maintenance of stormwater management facilities after
project closeout.
[Added 12-12-2007 by L.L. No. 15-2007]
(1)
Maintenance easement. The applicant or owner of the
site must execute a maintenance easement agreement that shall be binding
on all subsequent owners of land served by the stormwater management
facility. The agreement shall provide for access to the facility at
reasonable times for periodic inspection by the Town, or its contractor
or agent, to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this chapter and to, if necessary, implement emergency repairs
to protect the health, safety and welfare of the public. The easement
dimensions shall be as directed by the Town Engineer, and the easement
agreement shall be recorded in the office of the County Clerk, with
a copy provided to the Town Engineer.
(2)
Maintenance after construction closeout. The owner
or operator of permanent stormwater management practices installed
in accordance with this chapter shall ensure they are operated and
maintained to achieve the goals of this chapter. Proper operation
and maintenance also include, as a minimum, the following:
(a)
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 chapter.
(b)
Written procedures for operation and maintenance
and training new maintenance personnel.
(c)
Discharges from the stormwater management practices
shall not exceed design criteria or cause or contribute to water quality
standard violations in accordance with all applicable requirements
of this chapter.
(3)
Maintenance agreements. The maintenance and proper
operation of all privately owned stormwater management facilities,
including nonstructural practices, shall be performed by the owner
and ensured through the creation of a formal and enforceable maintenance
agreement that must be approved by the Town Engineer and recorded
in the office of the County Clerk as a deed restriction on the property
prior to final plan approval. This agreement will include any and
all maintenance easements required to access and inspect the stormwater
management practices, and will outline the procedures and schedule
to be followed to perform routine maintenance as necessary to ensure
proper functioning of the stormwater management practice. In addition,
the legally binding agreement shall identify the parties responsible
for the proper maintenance of all stormwater treatment practices and
include plans for periodic inspections by the owners, or their designated
agent, to ensure proper performance of the facility. The Town Board,
in lieu of a maintenance agreement, may accept dedication of any existing
or future stormwater management facility for maintenance, provided
such facility meets all the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
(4)
Requirements of maintenance agreements. All stormwater
management facilities must undergo, at the minimum, an annual inspection
to document maintenance and repair needs to ensure compliance with
the requirements of this chapter and accomplishment of its purposes.
These needs may include removal of silt, litter and other debris from
all catch basins, inlets and drainage pipes, grass cutting and vegetation
removal, and necessary replacement of landscape vegetation. Any maintenance
needs found must be identified in writing, along with the schedule
and methods to be employed to complete the maintenance. The maintenance
repairs and restoration schedule are to be approved by the Town Engineer
prior to commencing the work, and the Town Engineer or his/her designee
shall inspect the facility upon completion of the work. The inspection
and maintenance requirement may be increased by the Town Engineer
as deemed necessary to ensure proper functioning of the stormwater
management facility.
(5)
Records of installation and maintenance activities.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs, and shall retain the records for at least
five years. These records shall be made available to the Town Engineer
during inspection of the facility and at other reasonable times upon
request.
(6)
Maintenance guarantees for privately owned stormwater
facilities. Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the applicant or by
a corporation that owns or manages a commercial or industrial facility,
the applicant, prior to construction, may be required to provide the
Town 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 Town Engineer acknowledges compliance
with all details of approved site plan. If the applicant or landowner
fails to properly operate and maintain stormwater management and erosion
and sediment control facilities, the Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs, until the Town Engineer acknowledges
compliance with all details of the approved site plan.
A.
Any person, firm, corporation or entity found to be
violating any provisions of this chapter shall be served with a written
notice by the Commissioner of Public Works stating the nature of the
violation and providing a thirty-day time for the satisfactory correction
thereof, subject to appeal to the Town Board within 10 days.
B.
Any person, firm, corporation or entity who or which shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. Each week in which such conditions shall continue shall be deemed a separate violation.
C.
Any person, firm, corporation or entity violating
any of the provisions of this chapter shall become liable to the Town
for any expense or loss or damage occasioned the Town by reason of
such violation.
D.
Suspension due to illicit discharges in emergency
situations. The Town of Brighton Commissioner of Public Works may,
without prior notice, suspend discharge access into the MS4 to a person
when such a suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment; to the health or welfare of persons; to the storm
drainage system, including but not limited to pipes, manholes, outfall
structures and storm laterals; or the waters of the United States.
If the violator fails to comply with a suspension order, the Town
of Brighton Commissioner of Public Works or his/her designee may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of the United States or to minimize danger to persons.
[Added 12-12-2007 by L.L. No. 15-2007]
The approval of plans for proposed drainage
systems and flood hazard prevention requirements shall not constitute
a representation, guaranty or warranty of any kind or nature by the
Town of Brighton or by an officer or employee thereof of the safety,
operation, adequacy or intent of the proposed facilities and shall
create no liability upon or cause for action against such public body,
officer or employee for any damages that may result from construction
pursuant thereto.
