[HISTORY: Adopted by the Town Board of the
Town of New Castle 4-10-2007 by L.L. No. 3-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 60.
Flood damage prevention — See Ch. 70.
Littering — See Ch. 85.
Sewer uses — See Ch. 102.
Steep slope protection — See Ch. 108.
Illegal discharges and illicit connections — See Ch. 108B.
Subdivision of land — See Ch. 113.
Tree preservation — See Ch. 121.
Watercourses — See Ch. 135.
Wetlands — See Ch. 137.
This chapter shall be known and may be cited
as the "Stormwater Management and Erosion and Sediment Control Local
Law of the Town of New Castle."
It is hereby determined that:
A.
Land development activities and associated increases
in site-impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition;
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing stream bank erosion and sedimentation;
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
F.
Substantial economic losses can result from these
adverse impacts on the waters of the Town;
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and to address the findings of fact in § 108A-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
(1)
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;
(2)
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;
(3)
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;
(4)
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
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.
A.
All land development activities, including but not
limited to land development activities subject to review and approval
by the Planning Board or the Zoning Board of Appeals of the Town under
subdivision, site plan, special permit, steep slope, wetland, and/or
tree removal permit regulations, shall be reviewed subject to the
standards contained in this chapter.
C.
The Town shall designate a Stormwater Management Officer
who shall accept, review and be the approving authority for all stormwater
pollution prevention plans, except as follows:
(1)
The Planning Board shall be the approving authority
for any application involving property that is also the subject of
a pending site plan, subdivision or special permit application before
that Board in accordance with the zoning requirements of the Town
or steep slopes, wetlands or tree removal permit in accordance with
Town Code.
(2)
The Zoning Board of Appeals shall be the approving
authority for any application involving property that is also the
subject of a pending special permit application before that Board
in accordance with the zoning requirements of the Town.
D.
The approving authority may review the plans; upon
approval by the Town Board, engage the services of a registered professional
engineer to review the plans, specifications and related documents
at a cost not to exceed a fee schedule established by said governing
board; or accept the certification of a licensed professional that
the plans conform to the requirements of this chapter.
The following activities shall be exempt from
review under this chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to this chapter.
C.
Repairs and routine property maintenance activities
that disturb less than one acre and maintain the original line and
grade.
D.
Repairs and routine maintenance to any stormwater
management practice deemed necessary by the Stormwater Management
Officer.
E.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
F.
Cemetery graves.
G.
Installation of a fence, sign, telephone and electric
poles and other kinds of posts or poles.
H.
Emergency activity immediately necessary to protect
life, property or natural resources.
I.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants primarily for use
by that person and his or her family.
J.
Horticultural activities in connection with an existing
structure.
The terms used in this chapter or in documents
prepared or reviewed under this chapter shall have the meaning as
set forth in this section.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The "New York State Stormwater Management Design Manual",
most recent version, including applicable updates that serves as the
official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
All areas of at least 1/10 of an acre, and all
areas regardless of size within an Environmental Protection Overlay
District, that comprise hydric soils and/or are inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and under normal circumstances do support, a prevalence
of hydrophytic vegetation as defined by the Federal Interagency Committee
for Wetlands Delineation 1989; Federal Manual for Identifying and
Delineating Jurisdictional Wetlands; United States Army Corps of Engineers,
United States Environmental Protection Agency, United States Fish
and Wildlife Service, and U.S.D.A. Soil Conservation Service, Washington,
D.C.; Cooperative Technical Publication.
Watercourses as defined herein.
Any area either larger or smaller than 1/10
of an acre, meeting all other requirements of a wetland, within 100
feet of other similar areas shall be considered as one wetland if
the total of the areas is greater than 1/10 of an acre.
Any construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
equal to or greater than 5,000 square feet or the creation of greater
than 1,000 square feet of new impervious area.
[Amended 4-14-2009 by L.L. No. 4-2009]
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.
A legally recorded document that constitutes a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include but not be limited
to pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including municipal corporations, governmental agencies or subdivisions
thereof.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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.
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
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all land development
activity and/or other construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and 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.
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.
The Town Engineer or his representative as designated by
the Town Board.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
The Town of New Castle, New York.
Any natural or artificial, permanent or intermittent, public
or private surface water body or surface water segment, such as ponds,
lakes, reservoirs, rivers, streams, brooks or waterways, that are
contained within, flow through or border on the Town.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
A.
No application for approval of a land development activity shall be reviewed until the appropriate approving authority has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. All SWPPPs shall be submitted in hard copy and in an electronic file format to the appropriate approving authority as specified in § 108A-4C.
[Amended 3-27-2012 by L.L. No. 1-2012]
B.
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project;
(2)
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
be at a scale no smaller than one inch equals 50 feet and should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could
be affected by the construction activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharge(s);
(3)
Description of the soil(s) present at the site;
(4)
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the "New York Standards and Specifications for Erosion and Sediment
Control" (Erosion Control Manual), not more than five acres shall
be disturbed at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected
to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response;
(7)
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project, from initial land clearing
and grubbing to project close-out;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
Description of structural practices designed
to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from exposed areas of the site
to the degree attainable;
(16)
Any existing data that describes the stormwater
runoff at the site; and
(17)
An acknowledgement by the landowner granting
to the Town of New Castle and other agencies having jurisdiction the
right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection.
C.
In addition to the information requirements of § 108A-7B, SWPPPs for land development activities disturbing one or more acres or creating greater than 1,000 square feet of new impervious area, whether or not those land development activities involve discharging a pollutant of concern to either an impaired water identified on the Department’s 303(d) list of impaired waters or to a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment, must provide the following water quantity and/or quality controls (post-stormwater construction controls):
[Amended 4-14-2009 by L.L. No. 4-2009]
(1)
Description of each postconstruction stormwater management
practice;
(2)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(3)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(4)
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
(5)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(6)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice;
(7)
Maintenance easement(s) 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;
D.
The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sedimentation control or in
stormwater quality or professional engineer or other professional
deemed qualified by the Department 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 chapter.
E.
The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the land development
activity prior to approval of the final stormwater design plan.
F.
Contractor certification.
(1)
Each contractor and subcontractor identified in the
SWPPP and/or successor or substituted contractor or subcontractor
who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(2)
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm; the address (or other identifying description)
of the site; and the date the certification is made.
(3)
The certification statement(s) shall become part of
the SWPPP for the land development activity.
(4)
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.
(5)
Proof that each contractor who will be involved in
a land development activity has obtained training and/or certification
in proper erosion and sedimentation control practices.
All land development activities shall be subject
to the following performance and design criteria:
A.
For the purpose of this chapter, the following documents
shall serve as the official guides and specifications for stormwater
management. Stormwater management practices that are designed and
constructed in accordance with these technical documents shall be
presumed to meet the standards imposed by this chapter.
(1)
The "New York State Stormwater Management Design Manual"
(New York State Department of Environmental Conservation, most recent
version, including applicable updates, hereafter referred to as the
"Design Manual");
(2)
"New York Standards and Specifications for Erosion
and Sediment Control", (Empire State Chapter of the Soil and Water
Conservation Society, 2005, most recent version including applicable
updates, hereafter referred to as the "Erosion Control Manual").
B.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards as set forth in § 108A-8 and the SWPPP shall be prepared by a professional engineer or certified professional in erosion and sediment control or in stormwater quality or other professional deemed qualified by the Department.
C.
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.
A.
The applicant or developer of the land development
activity shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%, and placed in an acceptable location and properly
stabilized.
B.
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. Inspections shall be conducted
and reports of those inspections shall be completed by a professional
engineer or certified professional in erosion and sediment control
or in stormwater quality or other professional deemed qualified by
the Department every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
maintained in a site logbook.
C.
Prior to the issuance of any approval that has a stormwater
management facility other than one serving an individual single-family
residence, the applicant or developer must execute an easement that
shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall be in a form acceptable to
counsel to the Town and shall provide for access to the facility at
reasonable times for periodic inspection by the Town of New Castle
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
chapter. The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the counsel for the Town of
New Castle.
D.
The owner or operator of permanent stormwater management
practices installed in accordance with this chapter shall operate
and maintain the stormwater management practices to achieve the goals
of this chapter. Proper operation and maintenance also includes, as
a minimum, the following:
(1)
A preventive/corrective maintenance program for all
critical facilities and systems of treatment and control (or related
appurtenances) which are installed or used by the owner or operator
to achieve the goals of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
E.
Prior to the issuance of any final plan approval,
the applicant or developer must execute a formal maintenance agreement
for stormwater management facilities, other than those serving an
individual single-family residence, binding on all subsequent landowners.
The maintenance agreement shall be in a form acceptable to Town Counsel
and shall be recorded in the office of the County Clerk as a deed
restriction on the property. The Town of New Castle, in lieu of a
maintenance agreement, at its sole discretion, may accept dedication
of any existing or future stormwater management facility, provided
such facility meets all the requirements of this chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
A.
The Stormwater Management Officer may require such
inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this chapter and the stormwater pollution prevention plan (SWPPP)
as approved.
(1)
To obtain inspections, the applicant shall notify
Town enforcement officials at least 48 hours before any of the following
as required by the Stormwater Management Officer:
(a)
Start of construction;
(b)
Installation of sediment and erosion control
measures;
(c)
Completion of site clearing;
(d)
Installation of constructed stormwater improvements;
(e)
Completion of rough grading;
(f)
Completion of final grading;
(g)
Close of the construction season;
(h)
Completion of final landscaping;
(i)
Successful establishment of landscaping in public
areas.
(2)
If any violations are found, the applicant and
developer shall be notified in writing of the nature of the violation
and the required corrective actions. No further work shall be conducted
except for site stabilization until any violations are corrected and
all work previously completed has received approval by the Stormwater
Management Officer.
B.
It shall be the primary responsibility of the landowner
and the successor landowners to perform all necessary inspections,
maintenance, reporting, adjustments, repair, replacement and reconstruction
of the stormwater management facilities. If, at any time, the Stormwater
Management Officer determines that necessary inspections, reports,
maintenance, repairs, adjustments, replacement or reconstruction have
not been properly performed, the Town may undertake to perform any
such work or work that it finds, in its sole judgment, is necessary
to preserve the stormwater management functions of stormwater management
practices (SMPs), at the cost and expense of the landowner and the
successor landowners. Copies of all bills, statements and invoices
substantiating such costs, including costs of consultants, shall be
included with written notice of same. Each lot shall individually
and separately bear its equal share of such costs, and in the event
that its share is not paid within 30 days of issuance of statements
for this work, the amount of such share shall constitute a lien against
such lot, which shall be levied and collected in the same manner as
Town real estate taxes or in such manner otherwise provided by law.
The landowner and the successor lot landowner shall be personally
liable for payments of their respective shares of all such costs,
including costs of collection and reasonable attorney's fees.
C.
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 New York State licensed land surveyor or professional engineer.
D.
Inspection programs may 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 SPEDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include but are
not limited to reviewing maintenance records; sampling discharges,
surface water, ground water, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
E.
The Stormwater Management Officer may require monitoring
and reporting from entities subject to this chapter as are necessary
to determine compliance with this chapter.
F.
When any new stormwater management facility is installed
on private property or when any new connection is made between private
property and the public storm water system, the landowner shall grant
to the Town and other agencies having jurisdiction the right to enter
the property at reasonable times and in a reasonable manner for the
purpose of inspection.
A.
In order to ensure the full and faithful completion
of all land development activities related to compliance with all
conditions set forth by the Town in its approval of the stormwater
pollution prevention plan, the Town may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow,
or irrevocable letter of credit from an appropriate financial or surety
institution which guarantees satisfactory completion of the project
and names the Town as the beneficiary. The security shall be in an
amount to be determined by the Town 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 Town, provided that such period shall
not be less than one year from the date of final acceptance or such
other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to
be acceptable to the Town. Per-annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from
liability.
B.
Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the developer
or by a corporation that owns or manages a commercial or industrial
facility, the developer, prior to construction, may be required to
provide the Town of New Castle 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. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.
Entities subject to this chapter shall maintain records
demonstrating compliance with this chapter.
A.
When the Town determines that a land development activity
is not being carried out in accordance with the requirements of this
chapter, it may issue a written notice of violation to the landowner.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer
or applicant;
(2)
The address, when available, or a description
of the building, structure or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary
to bring the land development activity into compliance with this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that
shall or may be assessed against the person to whom the notice of
violation is directed;
(6)
A statement that the determination of violation
may be appealed to the Planning Board by filing a written notice of
appeal within 15 days of service of notice of violation.
B.
The Town may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Town confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this chapter.
C.
Any land development activity that is commenced or
is conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $500 or imprisonment for a period not to exceed six
months, or both for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $500 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $1,000 nor more than $2,500 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
E.
If any building or land development activity is installed
or conducted in violation of this chapter, the Stormwater Management
Officer may prevent the occupancy of said building or land. It shall
be the obligation of the landowner to remediate the violation, at
which time the Stormwater Management Officer shall further consider
allowing occupancy of the building or land.
F.
Any violator may be required to restore land to its
undisturbed condition. In the event that restoration is not undertaken
within a reasonable time after notice, the Town may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
B.
The Town Board, the Planning Board or Zoning Board
of Appeals, in review of any application for a stormwater pollution
prevention plan approval, may refer such application to such planner,
attorney, engineer, environmental expert or other consultant engaged
by the Town or to such Town professional staff as such Board shall
deem reasonably necessary to enable it to review such application
as required by law.
[Amended 4-14-2009 by L.L. No. 5-2009]
(1)
Fees
charged by such consultant shall be in accord with fees usually charged
for such services in the metropolitan New York region and pursuant
to a contractual agreement between the Town and such consultant. All
such fees shall be paid by the Town upon submission of a Town voucher,
and the applicant shall reimburse the Town for the costs of such consultant
upon submission of a copy of the voucher or at the discretion of the
reviewing board in accordance with the escrow account procedure set
forth below.
(2)
Costs
for services of professional staff shall be in accord with hourly
rates based upon actual salary and benefits paid by the Town. The
applicant shall reimburse the Town for the costs of professional staff
services upon submission of an invoice or at the discretion of the
reviewing board, in accordance with the escrow account procedure set
forth below.
(3)
The
payment of such costs by the applicant shall be required in addition
to any and all other fees required by this or any other section of
this chapter or any other Town law, ordinance or regulation.
(4)
All
charges for services shall be audited by the Town, and applicant costs
shall be limited to those that are reasonable in amount and are necessary
for the Town’s review and action on the application in accordance
with the law.
C.
Escrow accounts. At the time of submission of any
application for a stormwater pollution prevention plan approval, the
reviewing board may require the establishment of an escrow account,
from which withdrawals shall be made to reimburse the Town for the
cost of consultant fees and professional staff services. The applicant
shall then provide funds to the Town for deposit into such account,
in the amount to be determined by the reviewing board based upon its
evaluation of the nature and complexity of the application. The applicant
shall be provided with copies of any Town voucher for consultant fees
as they are submitted to the Town and with Town staff time records
for services for which reimbursement is sought. When the balance in
such escrow account is reduced to 1/3 of its initial amount, the applicant
shall deposit additional funds into such account to restore the balance
in such account to the amount of the initial deposit. If such account
is not replenished within 30 days after the applicant is notified,
in writing, of the requirement for such additional deposit, the Board
may suspend its review of the application. A building permit or certificate
of occupancy or use shall not be issued unless all such applicants
costs have been reimbursed to the Town. After all pertinent costs
have been paid, the Town shall refund to the applicant any funds remaining
on deposit.
[Amended 4-14-2009 by L.L. No. 5-2009]
If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this chapter shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
