[L.L. No. 2-2007, Arts. 1 and 5[1]]
[1]
Editor's Note: This local law also superseded the former
erosion and sediment control provisions adopted by L.L. No. 1-2006,
Arts. 1 and 5.
It is hereby determined that:
(a)Â
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)Â
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
(c)Â
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)Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
stream bank erosion and sedimentation.
(e)Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow.
(f)Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
(g)Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
(h)Â
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)Â
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 and Appendix A, Zoning, Article XII, Stormwater Control 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 in § 7B-1 hereof. This chapter and Appendix A, Zoning, Article XII, Stormwater Control, seeks to meet those purposes by achieving the following objectives:
(a)Â
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)Â
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)Â
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)Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
(e)Â
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)Â
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.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Village Board has the authority to enact
local laws and amend local laws for the purpose of promoting the health,
safety or general welfare of the Village and for the protection and
enhancement of its physical environment. The Village Board 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.
(a)Â
This chapter and Appendix A, Zoning, Article XII, Stormwater Control shall be applicable to all land development activities as defined in Appendix A, Zoning, § 12-1.
(b)Â
The municipality 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:
(c)Â
All land development activities subject to review and approval by
the Village under subdivision, site plan, and/or special permit regulations
shall be reviewed subject to the standards contained in this chapter
and Appendix A, Zoning, Article XII, Stormwater Control, and Appendix
A, §§ 7-1.3(f) and 7-3.
(d)Â
All land development activities not subject to review as stated in Subsection (c) hereinabove in this section 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 chapter and Appendix A, Zoning, Article XII, Stormwater Control.
The following activities may be exempt from review under this
chapter and Appendix A, Zoning, Article XII, Stormwater Control:
(b)Â
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter and Appendix A, Zoning, Article XII, Stormwater
Control.
(c)Â
Routine maintenance activities that disturb fewer than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(d)Â
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(e)Â
Any part of a subdivision if a plat for the subdivision has been
approved by the Village on or before the effective date of this chapter
and Appendix A, Zoning, Article XII, Stormwater Control.
(f)Â
Land development activities for which a building permit has been
approved on or before the effective date of this chapter and Appendix
A, Zoning, Article XII, Stormwater Control.
(g)Â
Cemetery graves.
(h)Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
(i)Â
Emergency activity immediately necessary to protect life, property
or natural resources.
(j)Â
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)Â
Landscaping and horticultural activities in connection with an existing
structure.
(a)Â
Erosion and sediment control inspection.
(1)Â
The Village Stormwater Management Officer may require such inspections
as are necessary to determine compliance with this chapter and Appendix
A, Zoning, Article XII, Stormwater Control, 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
Appendix A, Zoning, Article XII, Stormwater Control, and the stormwater
pollution prevention plan (SWPPP) as approved. The Stormwater Management
Officer may (1) conduct the inspection, or (2) upon approval of the
Board of Trustees of the Village, engage the services of a registered
engineer to conduct the inspection at a cost not to exceed a fee schedule
established by the governing board. To obtain inspections, the applicant
shall notify the Village enforcement official at least 48 hours before
any of the following as required by the Stormwater Management Officer:
(2)Â
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)Â
Stormwater management practice inspections. The Village Stormwater
Management Officer 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.
(c)Â
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.
(d)Â
Submission of reports. The Village Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter and Appendix A, Zoning, Article XII, Stormwater Control, as
are necessary to determine compliance with this chapter and Appendix
A, Zoning, Article XII, Stormwater Control.
(e)Â
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 stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection (c).
(a)Â
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 in its approval
of the stormwater pollution prevention plan, the Village 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 as beneficiary. The security
shall be in an amount to be determined by the Village 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, 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) has 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. Per-annum interest on cash
escrow deposits shall be reinvested in the account until the surety
is released from liability.
(b)Â
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 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 may draw upon the account
to cover the costs of proper operation maintenance, including engineering
and inspection costs.
(c)Â
Recordkeeping. The Village may require applicants subject to this
chapter and Appendix A, Zoning, Article XII, Stormwater Control to
maintain records demonstrating compliance with this chapter and Appendix
A, Zoning, Article XII, Stormwater Control.
(a)Â
Notice of violation. When the Village determines that a land development
activity is not being carried out in accordance with the requirements
of this chapter and Appendix A, Zoning, Article XII, Stormwater Control,
it may issue a written notice of violation to the landowner. The notice
of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and Appendix
A, Zoning, Article XII, Stormwater Control, and a time schedule for
the completion of such remedial action;
(5)Â
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)Â
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 the notice of violation.
(b)Â
Stop-work orders. The Village may issue a stop-work order for violations
of this chapter and Appendix A, Zoning, Article XII, Stormwater Control.
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 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 and Appendix
A, Zoning, Article XII, Stormwater Control.
(c)Â
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter and Appendix A, Zoning, Article
XII, Stormwater Control, may be restrained by injunction or otherwise
abated in a manner provided by law.
(d)Â
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
and Appendix A, Zoning, Article XII, Stormwater Control, 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
of 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 of 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
and Appendix A, Zoning, Article XII, Stormwater Control, 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)Â
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter and Appendix A, Zoning, Article XII, Stormwater Control, the
Stormwater Management Officer may prevent the occupancy of said building
or land.
(f)Â
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 may
take necessary corrective action, the cost of which shall become a
lien upon the property until paid.
The Village may require any person undertaking land development
activities regulated by this chapter and Appendix A, Zoning, Article
XII, Stormwater Control, to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections or SMP maintenance performed by
the Village or performed by a third party for the Village.