[Adopted 10-22-2007 by L.L. No. 5-2007]
The City seeks to minimize problems resulting from uncontrolled
runoff, flooding and sediment pollution as well as adversely affected
water quality which can negatively impact human health, water quality,
receiving stream biodiversity and the general safety and welfare of
the public. In keeping therewith, it is the policy of the City Council
that the City shall:
A.Â
Enact regulations which comply with the requirements of the NYSDEC
general permit for stormwater discharges from the municipal separate
stormwater sewer system (MS4).
B.Â
Protect the public and prevent damage from flooding and stormwater
runoff.
C.Â
Implement a program to detect, enforce and eliminate illicit discharges
to the City stormwater collection system and other City drainage system
components.
D.Â
Encourage the protection of natural drainage systems such as streams,
lakes, state and federal wetlands and other groundwater and subsurface
waters in order to preserve the beneficial functions and values of
those resources.
E.Â
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-02-01, or as amended or revised.
F.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.
G.Â
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
H.Â
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
I.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 to eliminate threats to public health and safety.
J.Â
Require the implementation of sound stormwater management and soil
erosion and sediment control practices to be implemented on subdivisions,
site plans and construction sites.
K.Â
Provide for the adoption and use of the most current engineering
practices on redeveloped and newly developed sites.
L.Â
Meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP-02-02 or as amended or revised.
M.Â
Regulate the contribution of pollutants to the MS4 since such systems
are not designed to accept, process or discharge nonstormwater wastes.
N.Â
Prohibit illicit connections, activities and discharges to the MS4.
O.Â
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
P.Â
Promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil, petroleum products, cleaning products, paint products,
hazardous waste, sediment and other pollutants into the MS4.
Unless specifically defined below, words and phrases shall be
interpreted so as to give them the meaning they have in common language
and to give these regulations their most effective application. Words
used in singular shall include the plural, and words used in the plural
shall include the singular, and all terms shall be considered neutral
and equal as to gender. Words used in the present tense shall include
other tenses as the sense thereof requires. The word "shall" denotes
mandatory and is not discretionary. The word "may" is permissive.
Any modifications, alterations, impacts or effects on a feature
or characteristic of public waters, wetlands or adjacent lands, including
their quality, quantity, hydrology, surface area, species composition,
living resources, aesthetics, or usefulness for human or natural uses,
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity
or stability or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation, or which reasonably
pose a risk or danger thereof.
Activity associated with farming and the production of farm
products, including raising and caring for livestock; planting, irrigating,
harvesting and storing crops; growing trees and harvesting timber;
and related activities.
A property owner or the agent thereof who has filed an application
seeking legal approval for a land development activity.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
Except as may be otherwise provided, the City of Newburgh,
New York.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendment thereto.
Any process or technique which involves the regrading or
altering of existing topography, installation of pipes, bridges, structures,
water systems, sewer systems, or other infrastructure having an influence
on or influenced by the flow of water.
The New York State Department of Environmental Conservation,
unless the word "department" is otherwise defined or referenced.
A New York State licensed professional engineer or licensed
architect.
Any person who engages in development either as the owner
or the agent of the owner of property.
Construction, installation, alternation, demolition or removal
of a structure, impervious surface or drainage facility; or
Clearing, trimming, adding to or reducing, scraping, grubbing
or otherwise removing or killing the vegetation on a site; or
Adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging or otherwise significantly disturbing
the soil, mud, sand or rock or other topographical, surface or subsurface
feature(s) of a site.
Any component of the drainage system of the City.
The system through which water flows from the land, including
but not limited to stormwatercourses, watercourses, water bodies,
streams, rivers, creeks, ponds, lakes, groundwater and wetlands.
A condition or circumstance whereby an actual or threatened
discharge presents or may present imminent and substantial harm, damage
or danger to the environment, to any property, to the health and/or
welfare of any persons, and/or to the MS4.
The wearing away or washing away of soil by the action of
wind or water or changes in temperature.
Standards which, when applied to a development project as
defined and described herein, require storage to attenuate the postdevelopment
one-hundred-year, twenty-four-hour peak discharge to predevelopment
rates. Criteria for calculating Qf shall be those set forth in the
New York State Stormwater Management Design Manual and as same shall
be amended from time to time.
The temporary rise in the level of any water body, watercourse
or wetland which results in the inundation of areas not ordinarily
or usually covered by water.
Any substance or admixture of substances containing chemicals,
compounds, elements or other substances which are either defined as
dangerous or hazardous by any federal, state or local law, rule or
regulation or are regulated or controlled by a federal or state agency
to prevent their unauthorized or uncontrolled release into the environment
or exposure to human, animal or plant life or which if released or
discharged into the MS4 or into the environment would have or potentially
would have adverse impacts as same are defined herein.
Any drain or conveyance, whether on the surface or subsurface,
whether man-made or natural or mixed, which allows an illegal discharge
to enter the MS4, including but not limited to:
Any conveyances which allow any nonstormwater discharge, including
treated or untreated sewage, process wastewater, and washwater, to
enter the MS4 and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance connected from a commercial or industrial
or residential or mixed land use to the MS4 which has not been documented
in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Any direct or indirect nonstormwater discharge to the storm
system other than naturally occurring surface water runoff or runoff
which is exempted by NYSDEC MS4 regulations and/or by this article.
Illicit discharges can also include, but are not limited to, stormwater
with any admixtures, including regulated chemicals and substances.
Illicit discharges shall include, but are not limited to, discharges
from sanitary sewer systems, floor drains, or other sources but do
not include uncontaminated condensate water.
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water,
including rainfall, melted snow and ice, and water from other sources.
It includes semi-impervious areas such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures and sites.
A facility serving one or more parcels of land or residential
households, or a private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
A State Pollutant Discharge Elimination System (SPDES) permit
issued in order to regulate the pollutant levels associated with water
and other discharges and/or which specifies pollution control requirements,
measures or strategies.
The process of percolation of water, including stormwater,
into the subsoil.
A permanent structure designed to recharge stormwater runoff
to groundwater.
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; 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; or activities disturbing any amount of land which have
or tend to have impacts which are addressed in this article.
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; also referred to herein as "owner."
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Municipal separate storm or stormwater sewer system as defined
by NYSDEC and/or by this article; a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains):
The City of Newburgh, unless otherwise designated herein.
Systems which predominantly consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur
indigenously on the land, in the soil or in the water.
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,
development, subsurface disposal and urban runoff sources.
Any discharge to the MS4 that is not composed entirely of
stormwater.
The one-year, twenty-four-hour design storm event. Three
inches or more of rainfall in 24 hours shall be considered the minimum
threshold for determining the occurrence of a one-year design storm.
Overbank flood control criteria which require storage to
attenuate the postdevelopment ten-year, twenty-four-hour peak discharge
rate to predevelopment flow rates. Ten-year design storm requirements
shall be applicable upon the occurrence of a minimum of quantum rainfall
in any twenty-four-hour period, as indicated in the New York State
Stormwater Management Design Manual and as same shall be amended from
time to time.
The person in whom is vested the fee ownership, dominion,
or title of property or his agent, manager, employee, heir, partner,
or other designee responsible for such property, i.e., the proprietor.
This term may also include a tenant, if chargeable under his lease
for the maintenance of the property, and any agent of the owner or
tenant, including a developer, manager, superintendent or other person
and/or entity responsible for same by operation of contract or law.
Any and all persons, individuals, associations, organizations
or entity, natural or artificial, and includes any individual, firm,
corporation, government agency, business trust, estate, trust, partnership,
association, two or more persons having a joint or common interest
or any other legal entity acting as the owner or as the owner's
agent or legally responsible authorized representative.
Except as otherwise indicated, the Planning Board of the
City of Newburgh.
Dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand and industrial, municipal,
agricultural waste and ballast discharged into water which may cause
or might reasonably be expected to cause pollution of the waters of
the state in contravention of the standards.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Any land development activity.
Any water bodies, watercourse or wetlands into which surface
waters flow either naturally, in man-made ditches, or other conduit,
whether or not such structure was intended to serve as such, or in
closed conduit systems or any combination of same or part thereof.
The replenishment of subsurface water sources and reserves.
The owner, owner of an interest, part owner, homeowners'
association, tenants' association, lessee, manager, agent, superintendent
or other person or entity responsible for the provision, operation,
oversight and/or maintenance of stormwater management and stormwater
management facilities, under law or by contract, and/or responsible
for compliance with this article and other applicable laws, rules
and regulations.
A permanent structure which provides for the storage of runoff
by means of a permanent pool of water without release except by means
of evaporation, infiltration or attenuated release when runoff volume
exceeds the permanent storage capacity.
The fine particulate material, whether mineral or organic,
that is in suspension or has settled in a water body.
Any structure or area which is designed to hold runoff water
until suspended particles have settled.
Any tract, lot or parcel of land or combination of tracts,
lots or parcels of land which are in one ownership, or are contiguous
and in diverse ownership where or in the vicinity of which development
is to be performed as part of a unit, subdivision or project.
The State Pollutant Discharge Elimination System.
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 and the impacts
thereof upon the environment.
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.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition, the municipality
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
Section 303(d) listed waters: the condition in the municipality's
MS4 permit that applies where the MS4 discharges to a 303(d) listed
water. Under this condition, the stormwater management program must
ensure no increase of the listed pollutant of concern to the 303(d)
listed water.
Total maximum daily load (TMDL) strategy: the condition in the
municipality's MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by the EPA
for a water body or watershed into which the MS4 discharges. If the
discharge from the MS4 did not meet the TMDL stormwater allocations
prior to September 10, 2003, the municipality is required by state
law to modify its stormwater or regulation management program to ensure
that reduction of the pollutant of concern specified in the TMDL is
achieved.
The condition in the municipality's MS4 permit that applies
if a TMDL is approved in the future by the EPA for any water body
or watershed into which an MS4 discharges. Under this condition, the
municipality will review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If the MS4 is not
meeting the TMDL stormwater allocations, the municipality will, within
six months of the TMDL's approval, modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved, as required by state law, code, rule or regulation.
The use of practices that prevent exposed soil from eroding.
A permit issued by the NYSDEC that authorizes the discharge
of pollutants to the waters of the state.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, snow and ice melt, surface runoff, and other 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. NYSDEC has published
a list of activities that are considered stormwater hotspots and are
required to receive additional operational practices, which list in
its then-current form shall be considered "stormwater hotspots"; and
such others as shall qualify hereunder or under the law, rules and
regulations applicable thereto.
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 municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board, inspect stormwater management
practices and enforce the provisions of this article in conjunction
with other City officials and departments and other municipal agencies.
Unless otherwise designated, the City Stormwater Management Officer
shall be the City Engineer.[1]
[Amended 6-18-2012 by L.L. No. 3-2012]
Measures, either structural or nonstructural, that are determined
to be 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, and as described
in and required by these regulations, including standards, criteria,
requirements and enforcement thereof.
[Amended 6-18-2012 by L.L. No. 3-2012]
Flow on the surface of the ground, resulting from precipitation
or other drainage.
The volume of water calculated in twenty-four-hour extended
detention of the one-year, twenty-four-hour storm event and as calculated
and determined by criteria used to calculate CPv as found in the New
York State Stormwater Management Design Manual and as same shall be
amended from time to time.
That which is built or constructed, an edifice or building
or any piece of work artificially built or composed of parts joined
together in some definite manner, but shall not include fences or
signs.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by the Department
as required by Section 303(d) of the Clean Water Act. Section 303(d)
listed waters are estuaries, lakes and streams that fall short of
state surface water quality standards and are not expected to improve
within the next two years.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The occurrence of 3.75 inches or more of rainfall in any
twenty-four-hour period.
The theoretical storm distribution simulating a North Atlantic
hurricane as defined by generally accepted meteorological terminology
to be used in modeling storms in the City of Newburgh.
All plant growth, including, but not limited to, trees, shrubs,
herbs, vines, ferns, mosses and grasses.
Water that is not stormwater and is contaminated with pollutants
and is or will be discarded or discharged or released.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
The volume of water designed to capture and treat 90% of
the average annual stormwater runoff volume. The formula used to calculate
WQv shall take into account impervious surface(s), site area(s) and
the ninety-percent rainfall event value. The criteria for calculating
WQv shall be those found in the New York State Stormwater Management
Design Manual, and as same shall be amended from time to time.
Any natural or artificial stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street,
roadway, swale or wash in which water flows in a definite direction,
either continuously or intermittently, and which has a definite channel,
bed or banks; or any combination of same or part or parts thereof.
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body or drainage system.
It also includes diffused surface water and water standing, percolating
or flowing beneath the surface of the ground.
A drainage area or basin contributing to the flow of water
in a receiving body or bodies of water.
A channel which directs runoff or drainage to a watercourse
or to or into a public drain or pipe or drainage system.
Any area meeting the requirements of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (latest edition),
and/or any area identified by the NYSDEC as being a state-protected
wetland.
[1]
Editor's Note: The definition of "stormwater management
plan," which immediately followed this definition, was repealed 6-18-2012
by L.L. No. 3-2012.
A.Â
This article shall apply to all water and other substances and materials
entering the MS4 generated on any developed and/or undeveloped lands
unless explicitly exempted by law, statute, rule or regulation or
by an authorized enforcement agent or agency.
B.Â
A stormwater pollution prevention plan developed in compliance with
the New York State Stormwater Management Design Manual, latest revision,
and prepared in accordance with the specifications herein must be
submitted by the owner and/or by his agent as authorized hereunder
for review and acceptability to all City agencies and officials having
jurisdiction over approval of a land development activity, as defined
in this article, including any one or more of the following:
[Amended 6-18-2012 by L.L. No. 3-2012]
(1)Â
A subdivision of land.
(2)Â
The approval of a site plan.
(3)Â
Issuance of a building permit where greater than one acre of property
will be impacted.
(4)Â
Construction or extension of an existing City street or property,
or private roadway.
(5)Â
Alteration of an existing drainage system or watercourse.
(6)Â
Redevelopment of existing sites.
(7)Â
Such other project undertaken within the boundaries of the City or
on or adjacent to property in which the City has an interest which
poses an impact upon such property and which, in the opinion of the
City Engineer, requires the creation and implementation of such plan
or plans as necessary to satisfy the purpose and objectives of this
article.
[Amended 6-18-2012 by L.L. No. 3-2012]
The following development activities are exempt from the stormwater
pollution prevention plan requirements:
A.Â
Developments which disturb less than one acre of land and which,
in the professional opinion of the Stormwater Management Officer,
will nor cause or may be reasonably anticipated to not cause stormwater
accumulation, discharges, or flows equivalent to or greater than such
as are regulated under and restricted or prohibited hereunder, or
which will not cause or may be reasonably anticipated to not cause
prohibited discharges, pollution, erosion, sedimentation, flooding
or other impacts intended to be regulated, restricted or prohibited
by this article, regardless of the size of the parcel of land being
developed or redeveloped.
B.Â
Agricultural land management activities.
C.Â
Maintenance or improvement of an existing structure which will not
have an impact on the quantity and/or quality of surface water discharge
from the site and which are performed in such manner as to maintain
preexisting grade, facilities, boundaries, hydraulic capacity and/or
function and purpose.
D.Â
Repairs to any stormwater management practice or facility deemed
required by the Stormwater Management Officer.
E.Â
Cemeteries, graves, and plots therein which existed prior to the
enactment of this article and/or which are exempt under state law,
rule or regulation.
F.Â
Emergency activities undertaken to protect the life, health and safety
of any person(s), or property or natural resources, as same may be
deemed an emergency by the City Manager or by the Stormwater Management
Officer.
G.Â
Home gardening undertaken for the personal benefit of the owner which
does not generate the impacts intended to be regulated hereby.
[Amended 6-18-2012 by L.L. No. 3-2012]
No private or corporate person, owner, developer, contractor,
site operator or other party or entity or agent shall discharge or
cause to be discharged into any stormwater collection or conveyance
system, natural watercourse or water body within the City of Newburgh
or the MS4 any materials other than stormwater, except as provided
in Subsection A hereinbelow. The commencement, conduct or continuance
of any illegal discharge to the MS4 is prohibited except as described
as follows:
A.Â
The following discharges are exempt from discharge prohibitions established
by this article, unless the Department or the municipality has determined
them to be substantial contributors of pollutants or the cause of
impacts prohibited hereunder: water line flushing or flushing of other
potable water sources, landscape irrigation or lawn watering, existing
diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains, crawl space or basement sump pumps, air-conditioning
condensate, irrigation water, springs, water from individual residential
car washing, natural riparian habitat or wetland flows, dechlorinated
swimming pool discharges, residential street washwater, water from
firefighting activities, and any other water source not containing
pollutants or causing impacts prohibited hereunder. Such exempt discharges
shall be made in accordance with an appropriate plan for reducing
pollutants or mitigating or eliminating prohibited impacts. With the
exception of the discharges identified herein, no discharge piping
from any floor drain, sanitary drains, process piping or other similar
source shall be connected to any City-owned or -maintained stormwater
collection and conveyance system. The Building Inspector and/or Code
Enforcement Officer shall be authorized to enforce the provisions
of this section.
B.Â
Discharges approved in writing by the SMO to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with other applicable laws and
requirements, and further provided that such discharges may be permitted
for a specified time period and under such conditions as the SMO may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
C.Â
Dye testing in compliance with applicable state and local laws is
an allowable discharge but requires a verbal notification to the SMO
prior to the time of the test.
D.Â
This prohibition shall not apply to any discharge permitted under
an SPDES permit, waiver, or waste discharge order issued to the discharger
and administered under the authority of the Department, provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
E.Â
Violations of this section shall be punishable by the penalties set forth in § 248-76 herein. Every new day, measured from 12:00 midnight, during all or part of which a violation is found to exist, shall constitute a separate violation hereof. In addition to such penalty, the City may bring a separate civil action in any court of competent jurisdiction to recover from any violator(s) the cost of any damages caused by such violation, plus the cost of remediating such damage, plus any legal and attorneys' fees and costs associated with such action, including the right of the City to compel compliance or to restrain by injunction any such violations of this section. This shall be in addition to any other penalties or remedies provided by any other law, regulation, or rule or section hereof.
A.Â
The construction, use, maintenance or continued existence of illicit
or illegal connections to the MS4 is prohibited and shall be considered
a violation of this article. Each day that such violation continues
shall be considered a separate violation. This shall be in addition
to and not instead of any violation under any other law, code, rule
or regulation.
B.Â
This prohibition expressly includes, without limitation, illicit
or illegal connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing
at the time of connection.
C.Â
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue, or owns or controls
any property upon or from or to which such connection exists.
A.Â
No person(s) shall operate or allow to exist upon property which
they own or control a failing individual sewage treatment system in
any areas tributary to the municipality's MS4. A failing individual
sewage treatment system is one which has one or more of the following
conditions:
(1)Â
The backup of sewage into a structure.
(2)Â
Discharges of treated or untreated sewage onto the ground surface.
(3)Â
A connection or connections to a separate stormwater sewer system.
(4)Â
Liquid level in the septic tank above the outlet invert.
(5)Â
Structural failure of any component of the individual sewage treatment
system that could lead to any of the other failure conditions as noted
in this section.
(6)Â
Contamination of off-site groundwater.
B.Â
Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 248-58 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1)Â
Maintain and operate individual sewage treatment systems as follows:
(a)Â
Inspect the septic tank annually to determine scum and sludge
accumulation. Septic tanks must be pumped out whenever the bottom
of the scum layer is within three inches of the bottom of the outlet
baffle or sanitary tee or the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee;
(b)Â
Avoid the use of septic tank additives;
(c)Â
Avoid the disposal of excessive quantities of detergents, kitchen
wastes, laundry wastes, and household chemicals; and
(d)Â
Avoid the disposal of cigarette butts, disposable diapers, sanitary
napkins, trash and other such items.
(2)Â
Tanks shall be pumped out no less frequently than every three years.
More frequent pumping may be required by the SMO depending on use.
Inspection of the tank for cracks, leaks and blockages shall be done
by the septage hauler as required by the property owner or person
responsible therefor at the time of pumping of the tank contents.
(3)Â
As required, repair or replace individual sewage treatment systems
as follows:
(a)Â
In accordance with 10 NYCRR Appendix 75A to the maximum extent
practicable.
(b)Â
A design professional licensed to practice in New York State
shall prepare design plans for any type of absorption field that involves:
(c)Â
A written certificate of compliance shall be submitted by the
design professional to the municipality at the completion of construction
of the repair or replacement system.
Activities that are subject to the requirements of and which
are prohibited by this section are those types of activities that:
A.Â
Best management practices. Where the SMO has identified illicit and/or illegal discharges as defined in §§ 248-62 and/or 248-63 or activities contaminating stormwater as defined in § 248-64, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1)Â
The owner or operator of a commercial or industrial establishment
shall provide, at his own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 through
the use of structural and nonstructural BMPs.
(2)Â
Any person responsible for a property or premises which is, or may be, the source of an illicit or illegal discharge as defined in § 248-58 or an activity contaminating stormwater as defined in § 248-63 or 248-64 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. In the event the City gives notice of an illicit or illegal discharge as described in this section and such person fails to implement at his own expense such additional and nonstructural BMPs to reduce or eliminate the source(s) of pollutant(s) to the MS4 in a prompt and effective manner as required by the City SMO(s), the City shall have the authority to undertake any and all appropriate actions, including but not limited to legal action, engineering, practical and physical intervention and other remedial and preventative measures, both on site and off site or both, to cure and prevent all such illicit or illegal discharges. In such event, the City shall have the right to recover any and all of its costs and expenses incurred in connection with such actions, including but not limited to legal and attorneys' fees and expenses, materials and equipment, labor, consultants, agents and employees costs and expenses, fines and penalties, insurance liability and all others, from the person or persons responsible for such illicit or illegal discharges, individually and collectively. In the event such person(s) fail to fully compensate the City for all such costs and expenses, the City shall have the right to use all legal means and methods to collect same, including but not limited to adding such costs and expenses to the tax bill chargeable against such property and enforcing same in the same manner as is authorized by law for the enforcement and collection of taxes.
A.Â
The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial harm, damage and/or danger to the environment, to the health or welfare of any persons, or to the MS4, which is defined herein as an "emergency." The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the City and/or SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to any persons or to the environment. In the event the violator fails to comply with a suspension order and/or fails to promptly and effectively abate an actual or threatened discharge which presents or may present imminent and substantial harm, damage and/or danger to the environment, to the health or welfare of any persons or to the MS4 and the City and/or the SMO take such steps to minimize such harm, damage or danger, then the City shall have the right to recover any and all of its costs and expenses incurred in taking such steps, including all costs relating to such matters as described in § 248-65A(2) hereinabove, and the City shall have the right to enforce collection of any and all such costs and expenses in any lawful manner, including as described in § 248-65A(2) hereinabove.
B.Â
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have his MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the City Manager and SMO for a reconsideration and hearing. Access may be granted by the City Manager and SMO if they find that the illicit discharge has ceased and the discharger has taken sufficient and proper steps to prevent its recurrence. Access may be denied if the City Manager and/or SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the City Manager or SMO. Such offense may be prosecuted by the City in the City Court of the City of Newburgh as a violation of the City Code or in any court of competent jurisdiction. A conviction of such offense shall be considered a Class A misdemeanor punishable as set forth in § C4.32, Subsection A(1), of the City Charter.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the municipality prior to the allowing of
discharges to the MS4.
[Amended 6-18-2012 by Ord. No. 3-2012]
A.Â
Applicability. This section applies to all facilities that the SMO
must inspect to enforce any provision of this article or whenever
the authorized enforcement agency has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B.Â
Access to facilities.
(1)Â
The SMO shall be permitted to enter and inspect facilities subject
to regulation under this article as often as may be necessary to determine
compliance with this article. If a person who is the owner or is in
control of or is responsible for such premises or who is a discharger
has security measures in force which require proper identification
and clearance before entry into its premises, such person(s) shall
make the necessary arrangements to allow access to the SMO.
(2)Â
Facility operators shall allow the SMO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this article.
(3)Â
The municipality shall have the right to set up on any facility subject
to this article such devices as are necessary, in the opinion of the
SMO, to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)Â
The municipality has the right to require the facilities subject
to this article to install monitoring equipment, at the expense of
the owner, operator or responsible person(s) or discharge(s), as is
reasonably necessary to determine compliance with this article. The
facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by such person(s)
at their own expense. All devices used to measure stormwater flow
and quality shall be calibrated to ensure their accuracy.
(5)Â
Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the owner, operator, person responsible for or discharger of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this article. Such offense shall be considered a Class A misdemeanor and may be prosecuted as set forth in § 248-76.
(6)Â
If the SMO has been refused access to any part of the premises from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with
this article or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any court of competent jurisdiction
in addition to all other remedies as set forth in this article.
Notwithstanding other requirements of law, as soon as any person
responsible for a property, facility or operation, or responsible
for emergency response for a property, facility or operation, has
information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging
into the MS4, said person shall take all necessary steps to ensure
the discovery, reporting, containment, and cleanup of such release.
In the event of such a release of hazardous materials, said person
shall immediately notify emergency response agencies, including but
not limited to the City of Newburgh and the DEC, of the occurrence
via any effective means, including in person, by telephone, by facsimile
or other means. In the event of a release of nonhazardous materials,
said person shall notify the municipality in person or by telephone
or facsimile no later than the next business day. Notifications in
person or by telephone shall be confirmed by written notice addressed
and mailed to the municipality within three business days of the telephone
notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of or person responsible
for such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least six years and shall be
subject to the review and audit of the City or by the DEC at any and
all reasonable times.
[Amended 6-18-2012 by L.L. No. 3-2012]
The stormwater pollution prevention plan shall fully document
compliance with the requirements of the NYSDEC construction SPDES
permit and New York State Stormwater Management Design Manual. All
sites requiring a stormwater pollution prevention plan to be implemented
must document a zero increase in peak discharge from the predevelopment
conditions as compared to postdevelopment conditions.
[Amended 6-18-2012 by L.L. No. 3-2012]
A.Â
Stormwater pollution prevention plans shall be prepared by a professional
licensed by the State of New York to prepare such documents. Plans
shall consist of an analysis of the predevelopment runoff rates, versus
postdevelopment runoff rates, with engineering controls implemented
to assure that predevelopment peak discharges at property lines, streams
or watercourses are not exceeded in the postdevelopment conditions
for each design storm event and return frequency. Each stormwater
management report shall take into account existing soils, vegetation
and cover types, and topography in the analysis. Reports shall identify
engineering computations and variables utilized in all calculations.
Any assumptions utilized in the calculations shall be clearly identified.
Stormwater management reports shall comply with the requirements of
the New York State Stormwater Management Design Manual, (year of latest
revision) and appropriate regulatory guidelines and standards. Additional
information shall be provided as requested by the Planning Board,
Building Inspector, or Stormwater Management Officer. Stormwater management
reports will address both water quantity control as well as water
quality control, including storage requirements for water quality
and/or volume, stream, brook and other water and watercourse protection,
ten-year peak runoff control and a one-hundred-year flood control.
Detention ponds shall be analyzed for a twenty-five-year return frequency
storm event for pre- and postdevelopment runoff analysis. This article
by reference will utilize the New York State Stormwater Management
Design Manual (year of latest revision) as a basis for stormwater
management and design guidelines for stormwater management practices
and shall include such other and further provisions as the Stormwater
Management Officer may reasonably require as being in the best interests
of the City and as are required or defined in all applicable laws,
rules and regulations.
B.Â
Such plans shall include but not be limited to the following:
(1)Â
Background information and erosion and sediment controls:
(a)Â
Background information about the scope of the project, including
location, type and size of project.
(b)Â
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. The site map should be at
a scale no smaller than one inch equals 100 feet.
(c)Â
Description of the soil(s) present at the site.
(d)Â
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 stormwater
pollution prevention plan.
(e)Â
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)Â
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)Â
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 closeout.
(h)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(i)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(j)Â
Temporary practices that will be converted to permanent control
measures.
(k)Â
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)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(m)Â
Name(s) of the receiving water(s).
(n)Â
Delineation plan implementation responsibilities for each part
of the site.
(o)Â
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.
(p)Â
Any existing data that describes the stormwater runoff at the
site.
(2)Â
Conditions A, B and C. In addition to the foregoing, land development
activities as defined in this article and meeting Condition A, B or
C below shall also include water quantity and water quality controls
(postconstruction stormwater runoff controls) as set forth below as
applicable and as may be required by the Stormwater Management Officer.
(a)Â
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)Â
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)Â
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 single-family residences
and construction activities at agricultural properties.
(3)Â
SWPPP requirements for Conditions A, B and C:
(a)Â
All information in § 248-71B(1)(a) through (p) of this article.
(b)Â
Description of each postconstruction stromwater management practice.
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)Â
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(f)Â
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice.
(g)Â
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(h)Â
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.
(i)Â
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with the provisions of this article.
C.Â
Plan certification.
(1)Â
The stormwater pollution prevention plan 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 meets the requirements
in this article.
(2)Â
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." The certification must
include the name and title of the person providing the signature,
the 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)Â
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.
D.Â
Other environmental permits. The applicant shall assure that all
other applicable environmental or legal permits and other approvals
have been or will be acquired for the land development activity prior
to approval of the final stormwater design plan.
A.Â
Design standards.
(1)Â
Stormwater management facilities shall be provided with the appropriate
easements encompassing the stormwater management facilities and a
reasonable area surrounding them for operation and maintenance of
the stormwater management devices. Stormwater management appurtenances
shall not be located within state- or federally designated wetlands.
(2)Â
Closed pipe systems and swales shall be designed to convey the calculated
hydraulic flow rate from a twenty-five-year return frequency storm
event in the turbidity area. Swales for water quality treatment shall
be designed according to the New York State Stormwater Management
Design Manual, and as same shall be amended from time to time.
(3)Â
Detention/Retention ponds shall have a maximum interior slope of
4:1 or flatter with 10 to 15 benches as the City Engineer may require
to provide a safe zone in compliance with the New York State Stormwater
Management Design Manual and as same shall be amended from time to
time.
(4)Â
Sediment forebays shall be provided to protect stormwater management
facilities as specified in the New York State Stormwater Management
Design Manual and as same shall be amended from time to time.
B.Â
Technical standards. For the purpose of this article, 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 article and such
other requirements as may be imposed by the Stormwater Management
Officer and/or City Engineer.
(1)Â
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)Â
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.Â
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.
[Amended 6-18-2012 by L.L. No. 3-2012]
A.Â
The applicant or developer.
(1)Â
Stormwater pollution prevention plans shall address maintenance of
all stormwater-related improvements on subdivisions and site plans.
Maintenance activity shall be the responsibility of the owner and/or
responsible party, as defined herein, of the site. Erosion control
plans, in compliance with NYSDEC standards and as approved by the
Planning Board, Zoning Board of Appeals, Building Department, Office
of Code Compliance, or Stormwater Management Officer, or any office,
department, agency or officer charged with enforcement of law, codes
or regulations, shall be implemented prior to construction activities
commencing on a site. Soil erosion control methods and techniques
shown on the approved plans; and any additional controls required
by the Code Compliance Supervisor, Building Inspector, and/or Stormwater
Management Officer shall be implemented and maintained throughout
the project construction phase. Erosion and sediment control devices
shall remain properly maintained on the site until the site has been
stabilized. Maintenance of stormwater management appurtenances on
site plans shall continue to be the responsibility of the site owner
and/or responsible party, as defined herein. Periodic maintenance
of stormwater management control is required to assure its their functions.
Maintenance shall be performed in accordance with the stormwater pollution
prevention plan and sound environmental practices and as may be reasonably
required by the Stormwater Management Officer. Maintenance activities
shall include, but are not limited to, mowing of vegetation, removal
of debris, removal of sediment, cleaning of catch basins and pipes,
and repair and replacement of defective structures, equipment, or
devices. During construction, sediment shall be removed from sediment
traps, sediment ponds and other sediment collection facilities and
points as soon as and whenever their total design capacity has been
reduced for any reason or cause by 50%.
(2)Â
Postdevelopment maintenance of stormwater management facilities designed
and constructed on a residential subdivision shall be performed by
a homeowners' association, or other individual, partnership,
association, corporation, owner or other legally responsible party,
or a drainage district established by the City Council in order to
provide for required maintenance activities. Appropriate easements
shall be provided to the City and to other parties as necessary for
access to and maintenance of all stormwater management facilities.
Costs for maintenance shall be borne either by a homeowners'
association, or other individual, partnership, association, corporation,
owner or other legally responsible party, or a drainage district.
Costs associated with maintenance within a district shall be assessed
to each individual property annually on an ad valorem basis, as same
is approved by the State Comptroller and as is assessed and administered
under law.
(3)Â
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 Stormwater
Management Officer and also copied to the site log book.
B.Â
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 all reasonable times for periodic inspection by the City
of Newburgh to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the Corporation Counsel
for the City of Newburgh.
C.Â
Stormwater management and maintenance after construction.
(1)Â
Owners and/or other responsible parties are hereby made responsible
for the continued operation and maintenance of all stormwater management
facilities on properties, construction sites and subdivisions. The
policy of the City of Newburgh is to reduce negative impacts associated
with construction activities, including reducing impacts to receiving
water quality, as well as to maintain appropriate erosion, runoff
and flood control from developed sites. All temporary soil erosion
and sediment control devices and appurtenances required during the
construction phase shall be maintained until sites become stabilized
either through the provision of impervious surfaces or the establishment
of vigorous vegetative growth, or the permanent establishment of such
facilities and controls as the Stormwater Management Officer may reasonably
require. All areas disturbed during construction shall be revegetated
sufficiently to control erosion from all disturbed areas. Prior to
issuance of a certificate of occupancy for a site plan or the first
residential structure on a subdivision, the involved engineer shall
certify to the Stormwater Management Officer that all stormwater management
facilities have been constructed in conformance with the applicable
stormwater pollution prevention plan. All appropriate and necessary
elements of the stormwater pollution prevention plan shall become
part of the approved site plan/subdivision and shall be enforceable
by the City Code Enforcement Officer. The City of Newburgh hereby
recognizes that the stormwater pollution prevention and soil erosion
sediment control plans are an important part of site development plans
and therefore require enforcement of the implementation of said plans
as part of the site development building permit process, as well as
of such other and further legal procedures as may be proper under
applicable law, rules and regulations. All site plans and subdivisions
which are subject to this stormwater management article shall contain
appropriate notes under seal of the authorized and licensed professional
responsible therefor requiring ongoing maintenance of all stormwater
management facilities and devices during construction. Annual review
and inspection of the stormwater management facilities by the owner,
homeowners' association, or other responsible party, or district,
as may be applicable, shall be required; and such other further and
more-frequent reviews, inspections and reports thereupon shall be
performed as the Stormwater Management Officer may reasonably require.
(2)Â
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall be operated and maintained
to achieve the goals of this article. Proper operation and maintenance
shall include, as a minimum, the following:
(a)Â
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 article.
(b)Â
Written procedures for operation and maintenance and training
and qualification of new maintenance personnel.
(c)Â
Discharges from the SMPs shall not exceed design criteria or
cause or contribute to water quality standard violations.
D.Â
Maintenance agreements. The City of Newburgh may 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 this article and all applicable provisions of local or state codes,
rules and regulations. The City of Newburgh, 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 article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
E.Â
Maintenance bonds; required documents and filing.
(1)Â
Construction completion guaranty. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the City in its approval
of the stormwater pollution prevention plan, the City 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 City of Newburgh as the beneficiary.
The security shall be in an amount to be determined by the City based
on submission of final design plans, with reference to actual construction
and landscaping costs. The performance guaranty shall remain in force
until the surety is released from liability by the City, 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 (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 City. Per-annum
interest on cash escrow deposits, if any, shall be reinvested in the
account until the surety is released from liability.
(2)Â
Maintenance guaranty. 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, in the City's discretion, to provide the City 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 City may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs. Owners, developers and/or
their authorized agents shall execute necessary agreements, documents,
deed restrictions, covenants or easements, and any and all other required
documents required to comply with this and other provisions of this
article and shall be responsible for satisfying all filing and certification
requirements prior to final approval of a residential subdivision
by the City Planning Board.
The Stormwater Management Officer (SMO), the City Engineer,
the Director of Code Compliance and any City officer designated as
such by the City Manager, including the City Manager, shall have the
authority to administer, implement and enforce the provisions of this
article.
A.Â
Construction inspection.
(1)Â
Whenever a project subject to the provisions of this article is undertaken,
whenever any stormwater management facility is installed on public
or private property, or whenever any new connection is made between
private property and the City stormwater system, the City of Newburgh
City Engineer, Code Compliance Supervisor and/or Stormwater Management
Officer may require such inspections as necessary to determine compliance
with this article 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 article and any stormwater pollution
prevention plans (SWPPPs) as approved. The owner or responsible party
shall grant to the City the right to enter upon the property at any
and at all reasonable times for the purpose of performing any or all
of the inspections referenced herein. To obtain inspections, the applicant
shall notify the City of Newburgh Code Compliance Office at least
72 hours before any of the following, as required by the City:
(a)Â
Start of construction.
(b)Â
Installation of sediment and erosion control measures.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the construction season.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public areas.
(2)Â
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 City.
B.Â
Stormwater management practice inspections. The City Engineer and/or
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, as may be required
by the City Engineer and/or Stormwater Management Officer, 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 discharge
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 not be
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. A report of such inspection
shall be prepared following each such inspection and shall be kept
on file for ready access at all reasonable times by the City official
responsible therefor.
D.Â
Submission of reports. The City Engineer and/or Stormwater Management
Officer, in their discretion, may require monitoring and reporting,
in writing, from entities subject to this article as are necessary
to determine compliance with this article at any and all times.
E.Â
Recordkeeping. The City Engineer and/or Stormwater Management Officer
may require entities subject to this article to maintain records demonstrating
compliance with this article. Such records shall be maintained in
a current and audit-ready condition at all times and shall be made
available for City inspection at the City's request at all reasonable
times.
[Amended 6-18-2012 by L.L. No. 3-2012]
The City of Newburgh may require any person undertaking land
development or other activities regulated by this article to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SWP
maintenance performed by the City or performed by a third party for
or on behalf of the City. The City may require the payment of such
fees and/or the establishment of an escrow account in an amount to
be determined by the City upon the recommendation of the Stormwater
Management Officer to provide a fund sufficient to pay the reasonably
anticipated costs thereof.
[1]
Editor's Note: Former § 248-75, Prohibited
discharges; penalties; civil action and other remedies, was repealed
6-18-2012 by L.L. No. 3-2012, which local law also provided for the
renumbering of the remaining sections of this article.
[Amended 6-18-2012 by L.L. No. 3-2012]
A.Â
Notice of violation.
(1)Â
The City shall have the right to gain access to and to inspect any
stormwater sewer or other collection system or conduit, whether man-made
or natural or a combination of both, in the same manner and with the
same authority as provided by this article or by any law, code, rule
or regulation which provides the City with the authority to gain access
to and inspect property and structures to ensure and enforce compliance
with all state and local building, fire, safety and health codes,
rules and regulations, including but not limited to this article.
When the City determines that a land development activity is not being
carried out in accordance with the requirements of this article or
that a person has violated a provision hereof, it may issue a written
notice of violation to the landowner, operator, person responsible
for same or the discharger. The notice of violation shall contain:
(a)Â
The name and address of the landowner, developer, applicant,
operator, discharger and/or responsible party.
(b)Â
The address, when available, or a description of the building,
structure or land upon which the violation is occurring.
(c)Â
A statement specifying the nature of the violation.
(d)Â
A description of the remedial measures required of the owner,
operator, person responsible or discharger necessary to bring the
land development activity and/or to eliminate any illicit or illegal
connections or discharges and to bring such premises and persons into
compliance with this article, and a time schedule for the completion
of such remedial action.
(e)Â
A statement of the penalty or penalties that are, shall be or
may be assessed against the person to whom the notice of violation
is directed.
(f)Â
A statement and description of any monitoring, analysis and
reporting requirements to be imposed.
(g)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 notice of violation with the Code Compliance Office.
(h)Â
The description of the required implementation of source control
or treatment BMPs. If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(2)Â
Cease-and-desist/stop-work orders. The City may issue a cease-and-desist
and/or a stop-work order for violations of this article. Persons receiving
a cease-and-desist or stop-work order shall be required to halt all
land development activities except those activities that address the
violations leading to the order as the City may allow. The order shall
be in effect until the City confirms that the land development activity
is in compliance and the violation has been satisfactorily addressed.
Failure to obey an order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this article.
(3)Â
Injunctions. Any land development or other activity that is commenced
or is conducted contrary to this article may be restrained by injunction
or otherwise abated in a manner provided by law. The City may recover
from the violator(s) any and all of its costs and expenses, including
attorneys' fees incurred in securing injunctive relief, fines
or other relief or remedies.
(4)Â
Withholding of certificate of occupancy or other approval or permit.
If any building or land development or other activity is installed
or conducted in violation of this article, the Stormwater Management
Officer and/or Code Enforcement Officer may prevent the occupancy
of said building or land by withholding, suspending or rescinding
a certificate of occupancy or other permit issued by any City agency
or official.
(5)Â
Restoration of lands. Any violator may be required to restore land and related facilities to their undisturbed condition and to remove or to require corrections of defective or noncompliant or illegal connections to any storm sewer system or other system or conduit, whether man-made or natural or any combination thereof. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid. If said cost remains unpaid, it shall become a tax upon the premises and may be enforceable by the City in the same manner as provided by law for the enforcement of unpaid taxes, as provided for and as described in § 248-65A(2) hereinabove.
(6)Â
Appeal of notice of violation. Any person receiving a notice of violation
may appeal the determination of the SMO to the City Manager within
15 days of its issuance, who shall hear the appeal within 30 days
after the filing of the appeal and, within five days of making a decision,
shall file such decision in the office of the Municipal Clerk and
mail a copy of the decision by certified mail to the violator(s).
B.Â
Alternative remedies.
(1)Â
Where a person has violated a provision of this article, he/she may
be eligible for alternative remedies in lieu of a civil penalty, upon
recommendation of the City Manager and/or SMO and/or Director of Code
Compliance, where:
(a)Â
The violation was unintentional.
(b)Â
The violator has no history of previous violations of this article.
(c)Â
Environmental damage was minimal.
(d)Â
The violator acted quickly to remedy the violation.
(e)Â
The violator cooperated in investigation and resolution.
(f)Â
Other significant mitigating factors exist.
(2)Â
Alternative remedies may consist of one or more of the following:
(a)Â
Attendance at compliance workshops.
(b)Â
Storm drain stenciling or storm drain making.
(c)Â
River, stream or creek cleanup activities.
(d)Â
Any other activity deemed by the City to be a significant contribution
to the health, safety and welfare of the City of Newburgh, its citizens
and/or the environment.
C.Â
Penalties. Any person who commits any act in violation of any provision
of this article shall be deemed to have committed an offense and shall
be liable for penalties imposed herein for such violation. Each act
committed in violation of any provision of this article shall constitute
a separate offense. Each day a violation continues shall be deemed
a separate act.
(1)Â
Except as otherwise provided in this article, for every violation
of every provision of this article, a person shall be subject to a
fine of not less than $200 but not more than $1,000 or imprisonment
not exceeding 15 days, or both.
(2)Â
Any person violating this article shall be subject to a civil penalty
enforceable and collectable by the City in the amount of $500 for
each such offense.
(3)Â
In addition to the above-provided penalties, the City also may bring
an action or proceeding in the name of the City in the City Court
of the City of Newburgh, or other court of competent jurisdiction,
to compel compliance with, or to restrain by injunction or otherwise,
the violation of this article, or of the New York State Department
of Environmental Conservation Rules and Regulations, notwithstanding
that a penalty or other enforcement measure for such violation has
otherwise been provided or imposed.
(4)Â
In addition to the foregoing and at the City's discretion, after due notice and opportunity to correct any violation(s) have been given by the City, the City may undertake any and all necessary and proper actions to correct such violation(s). The City may then seek full reimbursement for all of its costs and expenses, including attorneys' fees and court costs, which the City has incurred for such corrections and any legal action brought hereunder, as provided in § 248-65A(2) hereinabove.
D.Â
Remedies not exclusive. The remedies listed in this article are not
exclusive of any other remedies available under this article; under
any other local law, regulation, rule, code or ordinance; or under
any applicable federal, state, county or regulatory law, code, rule
or regulation; and it shall be within the discretion of the City and
its enforcement officers to seek individual or cumulative or any combination
of such remedies.