§ 170-1. Intent.
The intent
of this chapter is as follows:
A. To
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;
B. To
minimize increases in stormwater runoff from land development activities in
order to reduce flooding, siltation, increases in stream temperature, and
stream bank erosion and maintain the integrity of stream channels;
C. To
minimize increases in pollution caused by stormwater runoff from land
development activities which would otherwise degrade local water quality;
D. To
minimize the total annual volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable; and
E. To
reduce stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution wherever possible through stormwater management practices and to
ensure these management practices are properly maintained and eliminate threats
to public safety.
§ 170-2. Findings of
fact.
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 waterborne pollutants,
including siltation of aquatic habitat for fish and other desirable
species;
C. Clearing
and grading during construction tends 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 stream bank erosion and
sedimentation;
E. Impervious
surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow;
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; and
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.
§ 170-3. Definitions.
The definitions
set forth in the Zoning Law of the Village of New York Mills (Chapter 200) are
incorporated by reference herein for application in this chapter.
§ 170-4. Applicability.
No
application for approval of a land development activity shall be considered until
the Village Planning Board has received a Stormwater Pollution Prevention Plan
(SWPPP) prepared in accordance with the NYS SPDES General Permit for
Construction Activities GP-02-01 and the specifications in this chapter.
§ 170-5. Exemptions.
The following
activities may be exempt from review under this chapter:
A. Agricultural
activity.
B. Logging
activity undertaken pursuant to an approved timber management plan prepared or
approved by the County Soil and Water Conservation District or the New York
State Department of Environmental Conservation, 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 stormwater management facility.
D. Repairs
to any stormwater management practice or facility deemed necessary by the
Village Engineer.
E. Cemetery
graves.
F. Installation
of fence, sign, telephone, and electric poles and other kinds of posts or
poles.
G. Emergency
activity immediately necessary to protect life, property or natural
resources.
H. 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.
I. Landscaping
and horticultural activities in connection with an existing structure.
§ 170-6. Contents of
stormwater pollution prevention plans.
A. In
accordance with the NYS SPDES General Permit for Construction Activities
GP-02-01 and the specifications in this chapter, stormwater pollution
prevention plans (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 scale no smaller than one inch equals 100 feet. At a minimum, the site map
should show the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent off-site
surface water(s); wetlands and drainage patterns that could be affected by the
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);
(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 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.
B. Land
development activities meeting Condition A, B or C below shall also include
water quantity and water quality controls (post-construction stormwater runoff
controls) as set forth in § 170-6C below as applicable:
(1) 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.
(2) Condition
B. Stormwater runoff from land development activities disturbing five or more
acres.
(3) Condition
C. Stormwater runoff from construction activity disturbing between one and five
acres of land during the course of the project, exclusive of the construction
of single-family residences and construction activities at agricultural
properties.
C. SWPPP
content requirements for Conditions A, B and C:
(1) All
information in § 170-6A;
(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 post-construction
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
on-site stormwater management measures in accordance with § 170-10.
D. 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.
§ 170-7. Plan
certification.
A. The
SWPPP shall be prepared by a landscape architect, certified professional or
professional engineer and must be signed by a the professional preparing the
plan.
B. The
professional shall certify that the design of all stormwater management
practices meets the requirements in the NYS SPDES General Permit for
Construction Activities GP-02-01 and this chapter.
§ 170-8. Contractor
certification.
A. Each
contractor and subcontractor 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:
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"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."
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B. 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.
C. The
certification statement(s) shall become part of the SWPPP for the land
development activity.
§ 170-9. Performance
and design criteria.
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:
(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 New York.
§ 170-10. 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
chapter. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by 50%.
(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 seven days and within 24 hours of
any storm event producing 0.5 inch of precipitation or more. The reports shall
be delivered to the site logbook and also copied to the Village Engineer.
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 NYS Department of Environmental Conservation and/or
a designated representative of the Village of New York Mills 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 review by the
counsel for the Village of New York Mills and acceptance by the Village Board.
C. Maintenance
after construction. The owner or operator of permanent stormwater management
practices installed in accordance with this chapter shall be operated and
maintained to achieve the goals of this chapter. At a minimum, proper operation
and maintenance includes 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;
(3) Actions
to insure discharges from the SMPs shall not exceed design criteria or cause or
contribute to water quality standard violations in accordance with
§ 170-9B.
D. Maintenance
agreements. The Village of New York Mills 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. The maintenance agreement shall be consistent with the terms
and conditions of Appendix A of this chapter entitled "Sample Stormwater
Control Facility Maintenance Agreement. The Village of New York Mills, in lieu
of a maintenance agreement, at its sole discretion may accept dedication of any
existing or future stormwater management facility, provided such facility meets
all the requirements of this chapter and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
§ 170-11. Stormwater
management inspections.
A. Inspection
during construction.
(1) The
Village of New York Mills Planning Board or a designated agent may choose to
require such inspections as necessary to determine compliance with the
stormwater management provisions of this chapter. Following any such
inspection, the Village Engineer 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. So that the Village may determine the need for an
inspection, the applicant shall notify the Village Engineer at least 48 hours
before any of the following:
(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.
(2) 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 Village Engineer.
B. "As-built"
filing requirements. All applicants are required to submit to the Village
Planning Board (or its designated agent) "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.
(1) Inspection
programs may be established on any reasonable basis after construction. The
Village of New York Mills may choose to conduct: 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 SPDES stormwater permit; and
joint inspections with other agencies inspecting under environmental or safety
laws.
(2) 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.
(3) Such
inspections may be performed by officials of the Village of New York Mills or
the Village may designate an inspector who will be required to have a
professional engineer's (PE) license or certified professional in erosion and
sediment control (CPESC) certificate. The designated inspector shall be
required to prepare and submit an inspection report to the Village Clerk.
D. Submission
of monitoring reports. The Village of New York Mills Village Engineer may
require monitoring and reporting from entities or applicants subject to this
chapter as are necessary to determine compliance with this chapter.
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 Village of New York Mills the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection as specified in
§ 170-11C.
§ 170-12. Fees for
services.
The Village
of New York Mills may require any person undertaking land development
activities regulated by this chapter to pay reasonable costs at prevailing
rates for review of SWPPPs, inspections, or SMP maintenance performed by the
Village of New York Mills or performed by a third party for the Village of New
York Mills.
§ 170-13. 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 Village of New York Mills in its approval of land development
activities, the Village of New York Mills 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 New York Mills as the beneficiary. The security shall be in an
amount to be determined by the Village of New York Mills 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 New York Mills, 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 New York Mills. Per-annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released from
liability.
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 Village of New
York Mills 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 New York
Mills may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
C. Recordkeeping.
The Village of New York Mills may require entities subject to this chapter to
maintain records demonstrating compliance with this chapter.
§ 170-14. Enforcement.
A. Violation.
It shall be unlawful for any person to violate any provision or fail to comply
with any of the requirements of this chapter.
B. Notice
of violation. When a landowner, developer or applicant has violated or failed
to meet a requirement of this chapter, the Village may order compliance by
written notice of violation to the responsible party. The notice of violation
shall contain:
(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 chapter 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; and
(6) 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.
C. Appeal
of notice of violation. Any person receiving a notice of violation may appeal
the notice of violation to the Village of New York Mills Board of Trustees
within 15 days of its issuance, which shall hear the appeal within 30 days
after the filing of the appeal and, within five days of making its decision,
file its decision in the office of the municipal clerk and mail a copy of its
decision by certified mail to all parties.
§ 170-15. Additional
remedies.
A. 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 New York Mills may take necessary corrective
action, the cost of which shall become a lien upon the property until
paid.
B. Stop-work
orders. The Village of New York Mills 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 New York Mills 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.
C. Violations
deemed a public nuisance. In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in violation of
any of the provisions of this chapter is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or
otherwise compel the cessation of such nuisance may be taken.
D. Injunctive
relief. It shall be unlawful for any person to violate any provision or fail to
comply with any of the requirements of this chapter. If a person has violated
or continues to violate the provisions of this chapter, the Village may
petition for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the person to
perform abatement or remediation of the violation.
E. Remedies
not exclusive. The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local law and
it is within the discretion of the authorized enforcement agency to seek
cumulative remedies.
§ 170-16. Penalties for
offenses.
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.
