ARTICLE
21
Stormwater
Management Regulations
Section 21.01. APPLICABILITY
A. This
Article shall be applicable to all land development activities as defined in this
Ordinance.
B. The
municipality shall designate a Stormwater M anagement 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 (1)
review the plans, (2) upon approval by the Town Board of the Town of Schuyler,
engage the services of a registered professional engineer to review the plans,
specifications and related documents at a cost not
to exceed a fee schedule established by
said governing board, or (3) accept the certification of a licensed
professional that the plans conform to the requirements of this law.
C. All
land development activities subject to review and approval by the Planning Board
of the Town of
D. All
land development activities not subject to review as stated in Section 21.01 (C)
above shall be required to submit a Stormwater Pollution Prevention Plan
(SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it
complies with the requirements of this law.
Section 21.02. EXEMPTIONS
The following activities may be exempt
from review under this law.
A. Agricultural activity as defined in
this local law.
B. Silvicultural activity except that landing
areas and log haul roads are subject to this law.
C. Routine maintenance activities that
disturb less than five acres and are performed to maintain the original line
and grade, hydraulic capacity or original purpose of a facility.
D. Repairs to any stormwater management
practice or facility deemed necessary by the Stormwater Management Officer.
E. Any part of a subdivision if a plat
for the subdivision has been approved by the Town of
F. Land development activities for which
a building permit has been approved on or before the effective date of this
law.
G. Cemetery graves.
H. Installation of fence, sign,
telephone, and electric poles and other kinds of posts or poles.
I. Emergency activity immediately
necessary to protect life, property or natural resources.
J. Activities of an individual engaging
in home gardening by growing flowers, vegetable and other plants primarily for
use by that person and his or her family.
K. Landscaping and horticultural
activities in connection with an existing structure.
Section 21.03. STORMWATER
POLLUTION PREVENTION PLANS
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 Article.
B. Contents of Stormwater Pollution Prevention
Plans
All SWPPPs shall provide the following
background information and erosion and sediment controls:
1.
Background information about the scope of the project, including location, type
and size of project.
2. 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 discharges(s);
3.
Description of the soil(s) present at the site;
4.
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;
5.
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;
6.
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;
7.
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;
8. A site
map/construction drawing(s) specifying the location(s), size(s) and length(s)
of each erosion and sediment control practice;
9.
Dimensions, material specifications and installation details for all erosion
and sediment control practices, including the siting and sizing of any
temporary sediment basins;
10.
Temporary practices that will be converted to permanent control measures;
11.
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;
12.
Maintenance schedule to ensure continuous and effective operation of the erosion
and sediment control practice;
13.
Name(s) of the receiving water(s);
14.
Delineation of SWPPP implementation responsibilities for each part of the site;
15.
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
16. Any
existing data that describes the stormwater runoff at the site.
C.
Land development activities as defined
in this Ordinance and meeting Condition “A”, “B” or “C” below shall also
include water quantity and water quality controls (postconstruction stormwater
runoff controls) as set forth in Section 21.03(D) below as applicable:
Condition A - Stormwater runoff from land
development activities discharging a pollutant of concern to either an impaired water identified on the Department of
Environmental Conservation’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.
Condition B - Stormwater runoff from land
development activities disturbing five (5) or more acres.
Condition C - Stormwater runoff from land
development activity disturbing between one (1) and five (5) acres of land
during the course of the project, exclusive of the construction of single family
residences and construction activities at agricultural properties.
D. SWPPP Requirements for Condition A, B and
C:
1. All
information in Section 21.03(B) of this Article
2.
Description of each post-construction stormwater management practice;
3. Site
map/construction drawing(s) showing the specific location(s) and size(s) of
each post-construction stormwater management practice;
4.
Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
5.
Comparison of post-development stormwater runoff conditions with predevelopment
conditions;
6.
Dimensions, material specifications and installation details for each
postconstruction stormwater management practice;
7.
Maintenance schedule to ensure continuous and effective operation of each post-construction
stormwater management practice.
8.
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.
9.
Inspection and maintenance agreement binding on all subsequent landowners served
by the onsite stormwater management measures in accordance with Section 21.06
of this
Ordinance.
Section 21.04 PLAN CERTIFICATION
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 local law.
A. Other
Environmental Permits
The applicant shall assure that all
other applicable environmental permits have been or will be acquired for the
land development activity prior to approval of the final stormwater design
plan.
B. 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.
C. 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.
Section 21.05. PERFORMANCE
AND DESIGN CRITERIA FOR STORMWATER MANANGEMENT AND EROSION AND SEDIMENT CONTROL
All land development activities shall
be subject to the following performance and design criteria:
A. Technical
Standards
For the purpose of this local law, 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 law:
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
1. 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
Section 21.06 MAINTENANCE AND REPAIR OF STORMWATER FACILITIES
A. Maintenance
During Construction
1. The
applicant or developer 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 or developer to achieve compliance with the conditions of this
Article. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by fifty (50) percent.
2. The
applicant or developer or their representative 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 7 days and within 24 hours of any
storm event producing 0.5 inches of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer and also copied to the site log
book.
B. Maintenance
Easement(s)
Prior to the issuance of any approval
that has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement that shall
be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for
access to the facility at reasonable times for periodic inspection by the Town
of
C. Maintenance
after Construction
The owner or operator of permanent
stormwater management practices installed in accordance with this law shall be
operated and maintained to achieve the goals of this law. 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 law.
2. Written procedures for operation and
maintenance and training new maintenance personnel.
3.
Discharges from the SMPs shall not exceed design criteria or cause or
contribute to water quality standard violations in accordance with Section
21.05(B)
D. Maintenance
Agreements
The Town of
maintenance agreement, at its sole discretion may
accept dedication of any existing or future stormwater management facility,
provided such facility meets all the requirements of this local law and
includes adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
Section 21.07. ADMINISTRATION
AND ENFORCEMENT
A. Construction Inspection
1. Erosion and Sediment Control Inspection
The
Town of Schuyler Stormwater Management Officer may require such inspections as
necessary to determine compliance with this law 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 law and the stormwater pollution prevention plan
(SWPPP) as approved. To obtain inspections, the applicant shall notify the Town
of
a.
Start of construction
b.
Installation of sediment and erosion control measures
c.
Completion of site clearing
d.
Completion of rough grading
e.
Completion of final grading
f.
Close of the construction season
g.
Completion of final landscaping
h.
Successful establishment of landscaping in public areas.
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.
B. Stormwater Management Practice Inspections
The Town of
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.
C. Inspection of Stormwater Facilities After Project Completion
Inspection programs shall be
established on any reasonable basis, including but not limited to: routine
inspections; random inspections; inspections based upon complaints or other
notice of possible violations; inspection of drainage basins or areas identified
as higher than typical sources of sediment or other contaminants or pollutants;
inspections of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations of state or
federal water or sediment quality standards or the SPDES stormwater permit; and
joint inspection s with other agencies inspecting under environmental or safety
laws . Inspections may include, but are not limited to: reviewing maintenance
and repair records; sampling discharges, surface water ,
groundwater, and material or water in drainage control facilities; and
evaluating the condition of drainage control
facilities and other stormwater management practices.
D. Submission of Reports
The Town of
E. Right-of-Entry for Inspection
When any new stormwater management
facility is installed on private property or when any new connection is made
between private property and the public storm water system, the landowner shall
grant to the Town of Schuyler the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection as specified in
paragraph 21.07(C).
Section 21.08. PERFORMANCE
GUARANTEE
A. Construction Completion Guarantee
In order to ensure the full and
faithful completion of all land development activities related to compliance
with all conditions set forth by the Town of Schuyler in its approval of the Stormwater
Pollution Prevention Plan, the Town of Schuyler may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow, or
irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory
completion of the project and names the Town of
B. Maintenance Guarantee
Where stormwater management and
erosion and sediment control facilities are to be operated and maintained by
the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required to
provide the Town of Schuyler with an irrevocable letter of credit from an
approved financial institution or surety to ensure proper operation and
maintenance of all stormwater management and erosion control facilities both
during and after construction, and until the facilities are removed from
operation. If the developer or landowner fails
to properly operate and maintain stormwater management and erosion and sediment
control facilities, the Town of
C. Record keeping
The Town of
demonstrating compliance with this law.
Section 21.09. ENFORCEMENT
AND PENALTIES
A. Notice of Violation.
When the Town of
1. the name and address of the landowner, developer or
applicant;
2. the address when available or a description of the building,
structure or land upon which the violation is occurring;
3. a statement specifying the nature of the violation;
4. a description of the remedial measures necessary to bring
the land development activity into compliance with this Article and a time
schedule for the completion of such remedial action;
5. a statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
6. a
statement that the determination of violation may be appealed to the municipality
by filing a written notice of appeal within fifteen (15) days of service of
notice of violation.
B. Stop Work Orders
The Town of
and the violation has been satisfactorily
addressed. Failure to address a stop work order in a timely manner may result
in civil, criminal, or monetary penalties in accordance with the enforcement
measures authorized in this Article.
C. Violations
Any land development activity that is
commenced or is conducted contrary to this local law, may be restrained by
injunction or otherwise abated in a manner provided by law.
D. Penalties
In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the provisions
of this Article shall be guilty of a violation punishable by a fine not exceeding
three hundred fifty dollars ($350.00) 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 three hundred fifty dollars nor more than
seven hundred dollars ($700.00) 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 seven
hundred dollars nor more than one thousand dollars ($1,000.00) or imprisonment
for a period not to exceed six months, or both. However, for the purposes of
conferring jurisdiction upon courts and judicial officers generally, violations
of this Article shall be deemed
misdemeanors and for such purpose only all
provisions of law relating to misdemeanors shall apply to such violations. Each
week’s continued violation shall constitute a separate additional violation.
E. Withholding of Certificate of Occupancy
If any building or land development
activity is installed or conducted in violation of this Article the Stormwater
Management Officer may prevent the occupancy of said building or land.
F. Restoration of lands
Any violator may be required to
restore land to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of
Section 21.10.
FEES FOR SERVICES
The Town of Schuyler may require any
person undertaking land development activities regulated by this law to pay
reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town of Schuyler or performed by a third party for
the Town of Schuyler .