[HISTORY: Adopted by the Board of Trustees
of the Village of Bronxville 4-9-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
A.
Findings of fact. 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 waterborne 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 chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the environment and the general health, safety and welfare of the Village of Bronxville, its residents and their property, and to address the findings of fact in § 257-1A hereof. This chapter seeks to meet those purposes by achieving the following objectives:
[Amended 3-14-2011 by L.L. No. 2-2011]
(1)
Meet
the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Systems (MS4s), Permit No. GP-0-10-002, or as amended, revised, or
superseded;
(2)
Require
land development activities to conform to the substantive requirements
of the NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-0-10-001, or as amended, revised or superseded;
(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 that would otherwise degrade local water quality;
(5)
Minimize
the total annual volume of stormwater runoff that flows from any specific
site during and following development to the maximum extent practicable;
(6)
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 properly maintained
and eliminate threats to public safety; and
(7)
Encourage
the use of green infrastructure practices to control stormwater runoff,
such as protecting natural areas, reducing impervious cover, and using
runoff reduction techniques to the maximum extent practicable.
C.
Statutory authority. In accordance with Article 10
of the Municipal Home Rule Law of the State of New York, the Village
Board of Trustees of the Village of Bronxville 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 Village of Bronxville
and for the protection and enhancement of its physical environment.
The Village Board of Trustees of the Village of Bronxville 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.
D.
Applicability.
(1)
This chapter shall be applicable to all land development
activities as defined herein.
(2)
The Village Board of Trustees 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 Officer may review the plans, and/or
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 the Board of Trustees.
(3)
All land development activities subject to review
and approval by the Village of Bronxville Planning Board, Zoning Board
of Appeals, and/or Board of Trustees shall be reviewed subject to
the standards contained in this chapter.
E.
Exemptions. The following activities shall be exempt
from review under this chapter:
(1)
Agricultural activity as defined herein.
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
(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 Stormwater Management Officer.
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Bronxville on or before the effective
date of this chapter.
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
(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 and other plants primarily for use
by that person and his or her family.
(11)
Landscaping and horticultural activities in connection
with an existing structure.
Unless otherwise expressly stated or unless
the context requires, the following terms used in this chapter or
in documents prepared or reviewed under this chapter shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The "New York State Stormwater Management Design Manual,"
most recent version, including applicable updates, that serves as
the official guide for stormwater management principles, methods and
practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation, rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, tress and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 3-14-2011 by L.L. No. 2-2011]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), or
a registered landscape architect, or someone working under the direct
supervision of, and in the same company as, the licensed professional
engineer or registered landscape architect, provided that person has
training in the principles and practices of erosion and sediment control.
[Added 3-14-2011 by L.L. No. 2-2011]
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Amended 3-14-2011 by L.L. No. 2-2011]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
[Amended 3-14-2011 by L.L. No. 2-2011]
The use of practices that prevent exposed soil from eroding.
An order issued that requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Village Board of
Trustees to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board(s), and inspect
stormwater management practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water that neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
An employee from the contracting or construction company
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. "Trained contractor" may also mean an employee
from the contracting or construction company that meets the qualified
inspector qualifications.
[Added 3-14-2011 by L.L. No. 2-2011]
A permanent or intermittent stream or other body of water,
either natural or man-made, that gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
Background information about the scope of the
project, including location, type and size of project.
(b)
Site map/construction drawing(s) for the project,
including a general location map. 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 construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharge(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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five (5) 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 close-out;
(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.
(2)
Land development activities as defined herein and meeting Condition A, B, C or D below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 257-4C as applicable:
[Amended 3-14-2011 by L.L. No. 2-2011]
(a)
Condition
A: Stormwater runoff from land development 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.
(b)
Condition
B: Stormwater runoff from land development activities disturbing five
or more acres.
(c)
Condition
C: Stormwater runoff from land development activity disturbing between
one and five acres of land during the course of the project, exclusive
of the construction of a single-family home not located in one of
the relevant watersheds identified in the SPDES General Permit for
Construction Activities and not directly discharging to one of the
waters identified on the Department’s 303(d) list of impaired
waters, and construction activities at agricultural properties.
(d)
Condition D: Stormwater runoff from land development activities disturbing
between one and five acres of land for a single-family residential
subdivision that will result in greater than 25% impervious cover
at total build out.
(3)
SWPPP requirements for Conditions A, B, C and D:
[Amended 3-14-2011 by L.L. No. 2-2011]
(b)
Description of each postconstruction stormwater
management practice, including documentation of the five-step planning
process for stormwater management using green infrastructure as outlined
in the Design Manual;
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction stormwater
management practice;
(d)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(e)
Comparison of post-development stormwater runoff
conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction stormwater management
practice;
(h)
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;
C.
The SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this chapter.
D.
Other environmental permits. The applicant shall ensure
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.
E.
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 certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(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 become part of
the SWPPP for the land development activity.
F.
On-site SWPPP retention. 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.
A.
All land development activities shall be subject to
the performance and design criteria set forth in this section.
B.
Technical standards. For the purpose of this chapter,
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 chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the Erosion Control Manual).
C.
Water quality standards. No land development activity
shall 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.
[Amended 3-14-2011 by L.L. No. 2-2011]
(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) that
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
For land development activities as defined herein and meeting Condition A, B, C, or D in § 257-3, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within twenty four hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)
Construction
activities disturbing five acres or more at any one time shall be
inspected by a qualified inspector twice every seven days.
(4)
The
applicant or developer or their representative, one of which must
be a trained contractor, shall be on site at all times when construction
or grading activity takes place and shall inspect and document the
effectiveness of all erosion and sediment control practices.
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 Village of Bronxville to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this chapter. The easement shall be recorded
by the grantor in the office of the County Clerk after approval by
the counsel for the Village of Bronxville.
C.
Maintenance after construction. 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 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 chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Village of Bronxville 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 § 257-8, entitled "Sample Stormwater Control Facility Maintenance Agreement." In lieu of a maintenance agreement, the Village of Bronxville, at its sole discretion, may accept dedication of any existing or future stormwater management facility, 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.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter
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 chapter and the stormwater pollution prevention plan (SWPPP),
as approved. The Stormwater Management Officer may conduct the inspection
and engage the services of a registered engineer to conduct the inspection
at a cost not to exceed a fee schedule established by the Board of
Trustees. To obtain inspections, the applicant shall notify the Stormwater
Management Officer at least 48 hours before any of the following,
as required by the Stormwater Management Officer:
[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;
[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 Stormwater
Management Officer.
(2)
Stormwater management practice inspections. The Stormwater
Management Officer or his designee 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 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 Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
(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 Village of Bronxville the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 257-6A(3).
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 Village
of Bronxville in its approval of the stormwater pollution prevention
plan, the Village of Bronxville 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 Village of Bronxville as the beneficiary. The security
shall be in an amount to be determined by the Village of Bronxville
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
Village of Bronxville, 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 Village of Bronxville. 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 Village of Bronxville 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 Village of Bronxville
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Village of Bronxville may require
entities subject to this chapter to maintain records demonstrating
compliance with this chapter.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Village of Bronxville
determines that a land development activity is not being carried out
in accordance with the requirements of this chapter, 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 chapter
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;
(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 Village of Bronxville may issue
a stop-work order for violations of this chapter. 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
Village of Bronxville 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 chapter.
(3)
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter 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 chapter 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 chapter 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 chapter, the Stormwater Management Officer 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 Village
of Bronxville may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
D.
Fees for services. The Village of Bronxville may require
any person undertaking land development activities regulated by this
chapter to reimburse the Village for reasonable and necessary costs
at prevailing rates for review of SWPPPs, inspections, or SMP maintenance
performed by the Village of Bronxville or performed by a third party
for the Village of Bronxville.
[Amended 3-14-2011 by L.L. No. 2-2011]
A.
In the event of any conflict between a provision of this Chapter 257 and a provision of applicable federal or state laws or regulations, the more restrictive provision shall control.
B.
If the
provisions of any article, section, subsection, paragraph, subdivision
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate
the remainder of any article, section, subsection, paragraph, subdivision
or clause of this chapter.
A sample stormwater control facility maintenance
agreement follows:
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Whereas, the Municipality of Village of Bronxville
("the Village") and the _______________ ("Facility Owner") want to
enter into an agreement to provide for the long term maintenance and
continuation of stormwater control measures approved by the Municipality
for the below named project, and
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Whereas, the Municipality and the Facility Owner
desire that the stormwater control measures be built in accordance
with the approved project plans and thereafter be maintained, cleaned,
repaired, replaced and continued in perpetuity in order to ensure
optimum performance of the components. Therefore, the Municipality
and the Facility Owner agree as follows:
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1. This agreement binds the Municipality and
the Facility Owner, its successors and assigns, to the maintenance
provisions depicted in the approved project plans which are attached
as Schedule A[1] of this agreement.
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2. The Facility Owner shall maintain, clean,
repair, replace and continue the stormwater control measures depicted
in Schedule A as necessary to ensure optimum performance of the measures
to design specifications. The stormwater control measures shall include,
but shall not be limited to, the following: drainage ditches, swales,
dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices, stormwater ponds and wetlands, bioretention and rain gardens,
tree boxes, green roofs, stormwater planters, rain tanks and cisterns,
and porous pavement.
[Amended 3-14-2011 by L.L. No. 2-2011] |
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3. The Facility Owner shall be responsible for
all expenses related to the maintenance of the stormwater control
measures and shall establish a means for the collection and distribution
of expenses among parties for any commonly owned facilities.
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4. The Facility Owner shall provide for the
periodic inspection of the stormwater control measures, at the frequency
recommended in the Design Manual, to determine the condition and integrity
of the measures. Such inspection shall be performed by a Professional
Engineer licensed by the State of New York. The inspecting engineer
shall prepare and submit to the Municipality within 30 days of the
inspection, a written report of the findings including recommendations
for those actions necessary for the continuation of the stormwater
control measures.
[Amended 3-14-2011 by L.L. No. 2-2011] |
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5. The Facility Owner shall not authorize, undertake
or permit alteration, abandonment, modification or discontinuation
of the stormwater control measures except in accordance with written
approval of the Municipality.
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6. The Facility Owner shall undertake necessary
repairs and replacement of the stormwater control measures at the
direction of the Municipality or in accordance with the recommendations
of the inspecting engineer.
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7. The Facility Owner shall provide to the Municipality
within 30 days of the date of this agreement, a security for the maintenance
and continuation of the stormwater control measures in the form of
(a Bond, letter of credit or escrow account).
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8. This agreement shall be recorded in the Office
of the County Clerk, County of Westchester together with the deed
for the common property and shall be included in the offering plan
and/or prospectus approved pursuant to ______________.
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9. If ever the Municipality determines that
the Facility Owner has failed to construct or maintain the stormwater
control measures in accordance with the project plan or has failed
to undertake corrective action specified by the Municipality or by
the inspecting engineer, the Municipality is authorized to undertake
such steps as reasonably necessary for the preservation, continuation
or maintenance of the stormwater control measures and to affix the
expenses thereof as a lien against the property.
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10. This agreement is effective ____________.
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[1]
Editor's Note: Schedule A is on file in the
Village offices.
