It is hereby determined that:
A. Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B. This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
C. Clearing and grading during construction tend to increase
soil erosion and add to the loss of native vegetation necessary for
terrestrial and aquatic habitat;
D. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F. Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
G. Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H. The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety;
I. Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish
minimum stormwater management requirements and controls to protect
and safeguard the general health, safety and welfare of the public
residing within this jurisdiction and to address the findings of fact
herein. This chapter seeks to meet those purposes by achieving the
following objectives:
A. Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
B. 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-02-01, or as amended
or revised;
C. 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;
D. Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
E. Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town Board of the Town
of Mount Pleasant has the authority to enact local laws and amend
local laws and for the purpose of promoting the health, safety or
general welfare of the Town of Mount Pleasant and for the protection
and enhancement of its physical environment. The Town Board of the
Town of Mount Pleasant 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.
The following activities may be exempt from
review under this chapter.
A. Agricultural activity as defined in this chapter.
B. Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
C. Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D. Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E. Any part of a subdivision if a plat for the subdivision
has been approved on or before the effective date of this chapter.
F. Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
H. Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I. Emergency activity immediately necessary to protect
life, property or natural resources.
J. Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
K. Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meanings set
forth in this section:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
BUILDING
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.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
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."
LAND DEVELOPMENT ACTIVITY
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 acreage 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.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction and which provides for a long-term maintenance of stormwater
management practices.
NONPOINT SOURCE POLLUTION
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.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
POLLUTANT OF CONCERN
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.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
STORMWATER MANAGEMENT PRACTICES (SMPS)
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.
SURFACE WATERS OF THE STATE OF NEW YORK
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 that
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from the impoundment of waters of the
state.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
All land development activities shall be subject
to the following performance and design criteria:
A. 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").
B. Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
[Added 6-28-2011 by L.L. No. 2-2011]
A. No person shall commence or otherwise perform any land development
activity in the Town of Mount Pleasant that involves 250 square feet
or more of disturbance in all zones, except where 100 square feet
or more of disturbance is proposed in the R-10 zone, without first
obtaining the proper stormwater management control permit from the
Town Engineer, in addition to all other necessary local, state and
federal permits.
B. Nothing in this section shall be construed to be less restrictive
than current New York State Department of Environmental Conservation
(NYS DEC) requirements. It is the intent of this section to address
land disturbance on those land parcels not covered by a NYS DEC SPDES
permit.
C. The information below outlines the obligations required of applicants
in order to obtain a Town of Mount Pleasant stormwater management
control permit, including application forms and permit requirements:
(1) Application forms. The applicant shall fill out and submit the following
information in triplicate for all stormwater control permits in accordance
with the provisions of this chapter. The forms are available from
the Town Engineering Department and the Town website:
(a)
Stormwater management control permit application form;
(b)
Project commencement and completion forms. Please note that
the project commencement form must include a total project cost estimate
by the project design professional. Upon approval of the total construction
cost estimate by the Town Engineer, the applicant shall submit the
construction inspection fee of 1/2% of the total construction cost
estimate;
(c)
Application fee of $150; this is in addition to the inspection
fee;
(d)
Erosion and sediment control plan;
(e)
Stormwater pollution prevention plan;
(f)
Stormwater management design calculations;
(h)
Contractor certification.
(2) Design calculations. The applicant shall provide design calculations,
prepared by the project's design professional, to support the
stormwater management and erosion and sediment control plan for the
project site. Calculations must conform to the following standards,
methodology and criteria as noted below:
(a)
Standards. 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 (New York State Department of Environmental Conservation,
Division of Water, August 2005, or most current version or its successor,
hereafter referred to as the "Erosion Control Manual").
[3]
The Westchester County Best Management Practices Manual for
Erosion and Sediment Control and/or Stormwater Management may also
be utilized for stormwater practices for pollutant removal and flow
attenuation. However, if conflicts are found between the above New
York State Standards and the County Best Management Practices, the
New York State Standards shall govern.
(b)
Methodology. Stormwater shall be managed on site using stormwater
control measures designed to afford optimum protection of ground-
and surface waters. Stormwater calculations for determining stormwater
volume and flow rate shall be performed in accordance with either
the Rational Method or TR-55 or Westchester County Best Management
Practices Manual for Stormwater Management, as determined by the Town
Engineer.
(c)
Criteria.
[1]
Stormwater calculations shall be based upon the twenty-five-year
design storm, unless project characteristics require higher standards,
as determined by the Town Engineer. For the convenience of design
professionals, the following rainfall intensity and frequency data
for the twenty-four-hour Type III rainfall distribution for Westchester
County shall be utilized as required to comply with the requirements
of this chapter:
Rainfall Intensity
(inches)
|
---|
1 Year
|
2 Year
|
5 Year
|
10 Year
|
25 Year
|
50 Year
|
100 Year
|
Annual
|
---|
2.8
|
3.5
|
4.5
|
5.0
|
6.0
|
7.0
|
7.5
|
49.5
|
[2]
Stormwater design calculations shall consider all existing and
new impervious surfaces, including but not limited to roof areas,
driveways, patios, deck areas, swimming pools and walkways, unless
the Town Engineer allows consideration of the new impervious areas
only.
[3]
Infiltration devices shall not be installed up-gradient within
20 feet of the subsurface treatment system of a wastewater treatment
system, subject to Westchester County Department of Health regulations.
Infiltration devices for roadways, parking lots, and other areas subject
to vehicle traffic shall not be installed within 50 feet of any water
well, wetland or water body, subject to Westchester County Department
of Health regulations.
[4]
The bottom of any infiltration device shall be a minimum of
two feet above seasonal high groundwater mark and two feet above bedrock.
Deep test holes shall be dug at the location of the proposed stormwater
control facility, which shall be witnessed by the Town Engineer or
a duly appointed Town representative. A log of the deep test holes
and the percolation tests shall be provided on the SWPPP.
[5]
Infiltration devices and buildings shall be designed to maintain
maximum attainable horizontal distance separation from wells, water
bodies and wetlands.
[6]
The minimum horizontal distance from an infiltration device
to a property line is 10 feet.
[7]
The minimum horizontal distance from an infiltration device
to a structure with a habitable basement or below-ground storage area
shall be 20 feet.
[8]
Stormwater management facilities shall include a sedimentation
device to prevent clogging and reduced performance of the facility.
[9]
Stormwater management facilities shall include recommendations
for special measures regarding maintenance operations, as required
by the Town Engineer. This shall include, but not be limited to, annual
reports of maintenance and cleaning for commercial properties.
(3) Stormwater pollution prevention plan (SWPPP). The applicant shall
provide a stormwater management pollution prevention plan which shall
include erosion and sediment control for the project. The plan must
conform to the following map standards, indicate the following existing
and proposed map information, and include construction and housekeeping
requirements, as noted below, or as directed by the Town Engineer:
(a)
Map standards and requirements.
[1]
A general location map, including property zoning information;
[2]
North arrow and map legend;
[3]
Site map shall be at a scale no smaller than one inch equals
50 feet. Larger-scale maps shall be used for single-family parcels
and small commercial lots, as determined by the Town Engineer;
[4]
Existing and proposed topography;
[5]
Indication of existing and proposed drainage patterns, wetlands,
wetland buffers, water bodies and areas of one-hundred-year floodplain,
where applicable;
[6]
Classification and description of the soil(s) present at the
site;
[7]
Areas of vegetation, and the size and species of all trees with
a trunk diameter of six inches or greater at a point four feet above
ground level;
[8]
Structures and paved area;
[9]
Areas of proposed excavation, grading and filling;
[10]
Existing and proposed stormwater conveyances/utilities both
on site, in the right-of-way and in the abutting areas, as well as
other utilities;
[11]
Proposed materials of construction;
[12]
Soil stockpile storage areas;
[13]
Proposed construction drawings which describe the location,
size, length, materials and installation details for all on-site stormwater
treatment, detention, retention, erosion and sediment control practices.
Profiles of the stormwater treatment facility shall be provided.
(4) Construction obligations.
(a)
Contractor responsibilities.
[1]
Each contractor and subcontractor identified in the SWPPP to
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a permit compliance certification
statement before undertaking any land development activity.
[2]
The applicant, developer or operator of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant, developer or operator 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%.
[3]
A copy of the approved SWPPP shall be retained at the site during
construction, from the date of initiation of construction activities
to the date of final stabilization.
[4]
The applicant or developer or their representatives 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. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. A copy of the reports shall be
delivered to the Town of Mount Pleasant Engineering Department.
(b)
Inspection responsibilities.
[1]
The Town of Mount Pleasant Town Engineer and/or the Building
Department, under the supervision and direction of the Town Engineer,
is responsible for conducting inspections of both stormwater management
and sediment and erosion control practices.
[2]
Such inspections shall be performed as necessary, and as noted
below, 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. To obtain
inspections, the applicant shall notify the Town Engineer at least
48 hours prior to any of the following project actions, as applicable:
[b] Installation of sediment and erosion control measures;
[c] Completion of site clearing;
[d] Completion of rough grading;
[e] Completion of final grading;
[f] Interruption of construction for more than five
consecutive days;
[g] Completion of final landscaping.
[3]
If any violations are found, the applicant and/or developer
and/or contractor and/or operator shall be notified in writing of
the nature of the violation and required corrective action. The applicant
and/or developer and/or contractor and/or operator shall take immediate
action, within 24 hours of receipt of the violation document, to remedy
the situation. No further work shall be conducted at the site, except
for site stabilization, until all violations are corrected and all
work previously completed has received approval by the Town Engineer.
If the violations are not corrected within the twenty-four-hour period,
the Town Engineer will process, serve and file a complaint, together
with a supporting deposition returnable within two weeks in the Town
Justice Court.
(5) Post-construction obligations.
(a)
Operation and maintenance responsibilities. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall at all times operate and maintain the practices
to achieve the goals of this chapter. Proper operation and maintenance
includes, at a minimum, the following:
[1]
A preventive/corrective maintenance program for all facilities
and systems of treatment and control and related appurtenances that
are installed or used by the owner or operator to achieve the goals
of this chapter.
[2]
Discharges from the SWPPPs shall not exceed design criteria,
or cause or contribute to water quality standard violations.
[3]
Land development activity shall not cause an increase in turbidity
that will result in substantial visible contrast to natural conditions.
(6) Easement. The Town of Mount Pleasant has the right of access across
lands involved in the stormwater management control permit, at reasonable
times, for Town personnel to inspect, repair, or to ensure that the
facilities in the SWPPP are maintained in proper working condition
by the owner. However, the obligation to repair and maintain the facility
is wholly the responsibility of the owner who will hold the Town harmless
from all liability, financial and otherwise, should the Town of Mount
Pleasant be forced to repair the facility.