[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-2006 by L.L. No. 2-2006]
The objectives of this article are:
A.Â
To meet the requirements of the SPDES General Permit
for Stormwater Discharges for the MS4 (Permit No. GP-02-02 or as amended or
revised);
B.Â
To regulate the contribution of pollutants to the MS4
since such systems are not designed to accept, process or discharge non-stormwater
wastes;
C.Â
To prohibit illicit connections, activities and discharges
to the MS4;
D.Â
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance with
this article; and
E.Â
To 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.
Whenever used in this article, unless a different meaning is stated
in a definition applicable to only a portion of this article, the following
terms will have meanings set forth below:
Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and education 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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities requiring authorization under the SPDES permit for stormwater
discharges from construction activity (GP-02-01, as amended or revised). These
activities include construction projects resulting in land disturbance of
one or more acres. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
The New York State Department of Environmental Conservation.
A New York State licensed professional engineer or licensed architect.
Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical or infectious
characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
Any conveyances which allow any non-stormwater discharge, including
treated or untreated sewage, process wastewater, and wash water, 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 been previously
allowed, permitted, or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial 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 non-stormwater discharge to the MS4, except as exempted in § 180-5 of this article.
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).
Municipal separate storm sewer system.
The Village of Great Neck Plaza ("Village").
A conveyance or system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of stormwater.
Any individual, association, organization, partnership, firm, corporation
or other entity recognized by law and acting as either the owner or as the
owner's agent.
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.
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.
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 EPA for a water body or watershed into which the MS4
discharges.
The condition in the municipality's MS4 permit that applies if
a TMDL is approved in the future by EPA for any water body or watershed into
which an MS4 discharges. Under this condition the municipality must review
the applicable TMDL to see if it includes requirements for control of stormwater
discharges. If an MS4 is not meeting the TMDL stormwater allocations, the
municipality must, 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.
A permit issued by the Department that authorizes the discharge of
pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
An employee, the municipal engineer or other public official(s) designated
by the Village to enforce this article. The SMO may also be designated by
the municipality to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices. Unless the Board of Trustees of the Village hereinafter
designates otherwise, the SMO shall be the Village Commissioner of Public
Service.
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. 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.
Total maximum daily load.
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.
Water that is not stormwater, is contaminated with pollutants and
is or will be discarded.
This article shall apply to all water entering the MS4 generated on
any developed and undeveloped lands unless explicitly exempted by an authorized
enforcement agency.
The Stormwater Management Officer(s) shall administer, implement, and
enforce the provisions of this article. Such powers granted or duties imposed
upon the authorized enforcement official may be delegated in writing by the
SMO as may be authorized by the municipality.
A.Â
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in § 180-5A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1)Â
The following discharges are exempt from discharge prohibitions
established by this article, unless the Department or the Village has determined
them to be substantial contributors of pollutants: water line flushing or
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 wash water, water from fire-fighting activities, and any other water
source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2)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.
(3)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.
(4)Â
The prohibition shall not apply to any discharge permitted
under a 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.
B.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence
of illicit connections to the MS4 is prohibited.
(2)Â
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at the time
of connection.
(3)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.
No persons shall operate a failing individual sewage treatment system
in areas tributary to the municipality's MS4. A failing individual sewage
treatment system is one which has one or more of the following conditions:
A.Â
The backup of sewage into a structure.
B.Â
Discharges of treated or untreated sewage onto the ground
surface.
C.Â
A connection or connections to a separate stormwater
sewer system.
D.Â
Liquid level in the septic tank above the outlet invert.
E.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.
F.Â
Contamination of off-site groundwater.
A.Â
Activities that are subject to the requirements of this
section are those types of activities that:
B.Â
Such activities include failing individual sewage treatment systems as defined in § 180-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C.Â
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable actions
to correct such activities such that he or she no longer causes or contributes
to violations of the municipality's MS4 SPDES permit authorization.
A.Â
Best management practices. Where the SMO has identified illicit discharges as defined in § 180-2 or activities contaminating stormwater as defined in § 180-7, 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 its 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 discharge as defined in § 180-2 or an activity contaminating stormwater as defined in § 180-7, 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.
(3)Â
Compliance with all terms and conditions of a valid SPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions
of this section.
B.Â
Individual sewage treatment systems; 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 § 180-2 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
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.
A.Â
Illicit discharges in emergency situations. 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 danger to the environment, to the health
or welfare of persons, or to the MS4. 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 SMO may take such steps as deemed necessary to prevent
or minimize damage to the MS4 or to minimize danger to persons.
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/her 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 SMO for a reconsideration and hearing. Access may
be granted by the SMO if he/she finds that the illicit discharge has ceased
and the discharger has taken steps to prevent its recurrence. Access may be
denied if the 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 SMO.
Any person subject to an industrial or constructive 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.
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 discharger has security measures in force
which require proper identification and clearance before entry into its premises,
the discharger 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 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 the discharger at its 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 operator 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.
(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.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation or responsible for emergency response for a 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,
containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. 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 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
three years.
A.Â
Notice of violation. When the municipality's SMO
finds that a person has violated a prohibition or failed to meet a requirement
of this article, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require, without limitation:
(1)Â
The elimination of illicit connections or discharges;
(2)Â
That violating discharges, practices, or operations shall
cease and desist;
(3)Â
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(4)Â
The performance of monitoring, analyses, and reporting;
(5)Â
Payment of a fine; and
(6)Â
The 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.
B.Â
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period five years, punishable by a fine not less than
$700 nor more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon courts
and judicial officers generally, violations of this article shall be deemed
misdemeanors and for such purpose only all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination
of the SMO to the Village Board of Trustees within 15 days of its issuance,
which shall hear the appeal within 30 days after the filing of the appeal
and, within five days of making its decision, file its decision in the office
of the Municipal Clerk and mail a copy of its decision by certified mail to
the discharger.
A.Â
If the violation has not been corrected pursuant to the
requirements set forth in the notice of violation, or, in the event of an
appeal, within five business days of the decision of the Village Board of
Trustees upholding the decision of the SMO, then the SMO shall request the
owner's permission for access to the subject private property to take
any and all measures reasonably necessary to abate the violation and/or restore
the property.
B.Â
If refused access to the subject private property, the
SMO may seek a warrant in a court of competent jurisdiction to be authorized
to enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMO may seek a court
order to take any and all measures reasonably necessary to abate the violation
and/or restore the property. The cost of implementing and maintaining such
measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. If a person has violated
or continues to violate the provisions of this article, the SMO may petition
for a preliminary or permanent injunction restraining the person from activities
which would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.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 Village Attorney and concurrence of the Village
Commission of Public Services where:
In addition to the enforcement processes and penalties provided, any
condition caused or permitted to exist in violation of any of the provisions
of this article is a threat to public health, safety and welfare, and is declared
and deemed a nuisance, and may be summarily abated or restored at the violator's
expense and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies.
[Adopted 10-18-2006 by L.L. No. 3-2006]
It is hereby determined that:
A.Â
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B.Â
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat for fish
and other desirable species;
C.Â
Clearing and grading during construction tends to increase
soil erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D.Â
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into
the soil, thereby decreasing groundwater recharge and stream baseflow;
F.Â
Substantial economic losses can result from these adverse
impacts on the waters of the municipality;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land
development activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion and nonpoint
source pollution associated with stormwater runoff is in the public interest
and will minimize threats to public health and safety.
I.Â
Regulation of land development activities by means of
performance standards governing stormwater management and site design will
produce development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects of erosion
and sedimentation from development.
The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 180-20 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5 of
the SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems (MS4s) (Permit No. GP 02-02 or as amended or revised);
B.Â
Require land development activities to conform to the
substantive requirements of the NYS Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit for Construction
Activities (GP-02-01 or as amended or revised);
C.Â
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D.Â
Minimize increases in pollution caused by stormwater
runoff from land development activities which would otherwise degrade local
water quality;
E.Â
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development to the
maximum extent practicable; and
F.Â
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly maintained
and eliminate threats to public safety.
B.Â
The Village shall designate a Stormwater Management Officer,
who shall accept and review all stormwater pollution prevention plans and
forward such plans to the Village Board of Trustees. The Stormwater Management
Officer may (1) review the plans, (2) upon approval by the Village Board of
Trustees, 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 Board, or (3) accept the certification of
a licensed professional that the plans conform to the requirements of this
article.
C.Â
All land development activities subject to review and
approval by the Village Board of Trustees, by the Village Board of Zoning
and Appeals or by the Village Planning Board under subdivision, site plan
permit of compliance, variance, conditional permit and/or special permit regulations
shall be reviewed subject to the standards contained in this article.
The following activities are exempt from review under this article:
A.Â
Agricultural activity as defined in this article.
B.Â
Silvicultural activity, except that landing areas and
log haul roads are subject to this article.
C.Â
Routine maintenance activities that disturb fewer than
five acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.Â
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E.Â
Any part of a subdivision if a plat for the subdivision
has been approved by the Village Board of Trustees or Village Planning Board
on or before the effective date of this article.
F.Â
Land development activities for which a building permit
has been approved on or before the effective date of this article.
G.Â
Cemetery graves.
H.Â
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
I.Â
Emergency activity immediately necessary to protect life,
property or natural resources.
J.Â
Activities of an individual engaging in home gardening
by growing flowers, vegetable and other plants primarily for use by that person
and his or her family.
K.Â
Landscaping and horticultural activities in connection
with an existing structure.
The terms used in this article 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.
Any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal or property, and occupying
more than 10 square feet of area.
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.
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.
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 acts as a property deed restriction,
and which provides for long-term maintenance of stormwater management practices.
The Village of Great Neck Plaza.
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.
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 construction activity on
a site be stopped.
Rainwater, surface runoff, snow melt 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.
An employee or officer designated by the Village to accept and review
stormwater pollution prevention plans, forward the plans to the applicable
municipal board and inspect stormwater management practices.
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 Village of Great Neck Plaza.
A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the
public storm drain.
A.Â
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article. A SWPPP consistent with the requirements of this article shall be required in connection with preliminary and final plat approval under Chapter 187 of the Village Code; for site plan approval under Chapter 225 of the Village Code; for a permit of compliance under Chapter 225 of the Village Code; and in connection with any other approval to be issued by the Village for a land development activity, including building permits, variances and conditional use permits, as appropriate.
B.Â
Contents of stormwater pollution prevention plans.
(1)Â
All SWPPs shall provide the following 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 discharge(s). The
site map should be at a scale no smaller than one inch equals 100 feet (e.g.,
one inch equals 500 feet is 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 SWPPP.
(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 state of the project from initial land clearing and grubbing to project
close-out.
(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
A 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 of SWPPP 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
Land development activities as defined in the definition in § 180-24 of this article and meeting Condition A, B or C below shall also include water quantity and air quality controls (post-construction stormwater runoff controls) as set forth in § 180-25B(3) below as applicable.
(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 § 180-25B(1) of this article.
(b)Â
Description of each post-construction stormwater management
practice.
(c)Â
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction 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 post-development stormwater runoff conditions
with pre-development conditions.
(f)Â
Dimensions, material specifications and installation
details for each post-construction stormwater management practice.
(g)Â
Maintenance schedule to ensure continuous and effective
operation of each post-construction 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.
(4)Â
Plan certification. The SWPPP shall be prepared by a
landscape architect, certified professional or professional engineer and must
be signed by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements in this
article.
(5)Â
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(6)Â
Contractor certification.
(a)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."
(b)Â
The certification must include the name and title of
the person providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site; and the
date the certification is made.
(c)Â
The certification statement(s) shall become part of the
SWPPP for the land development activity.
(7)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.
All land development activities shall be subject to the following performance
and design criteria:
A.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:
(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").
B.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.
A.Â
Maintenance during construction.
(1)Â
The applicant or developer of the land development activity
shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or
used by the applicant or developer to achieve compliance with the conditions
of this article. Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
(2)Â
The applicant or developer or its 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 reasonable
times for periodic inspection by the Village and its appropriate officials
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 Village Attorney.
C.Â
Maintenance after construction. 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 also includes as a minimum, the
following:
(1)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.
(2)Â
Written procedures for operation and maintenance and
training new maintenance personnel.
D.Â
Maintenance agreements. The Village shall approve a formal
maintenance agreement for stormwater management facilities binding on all
subsequent landowners and recorded in the office of the County Clerk as a
deed restriction on the property prior to final plan approval. The maintenance
agreement shall be consistent with the terms and conditions of Schedule B
of this Village, entitled "Sample Stormwater Control Facility Maintenance
Agreement".[1] The Village, 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.
[1]
Editor's Note: The Sample Stormwater Control Facility Maintenance
Agreement is on file in the Village offices.
A.Â
Erosion and sediment control inspection.
(1)Â
The Stormwater Management Officer may require such inspection
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 the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Village enforcement official at least 48 hours before any
of the following as required by the Stormwater Management Officer:
(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 Stormwater Management Officer.
B.Â
Stormwater management practice inspections. The Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit "as built"
plans for any stormwater management practices located on-site after final
construction is completed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by a professional
engineer.
C.Â
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis, including,
but not limited to: routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspections of business or industries of a type
associated with higher than usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
D.Â
Submission of reports. The Stormwater Management Officer
may require monitoring and reporting from entities subject to this article
as are necessary to determine compliance with this article.
E.Â
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 180-28B.
A.Â
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities related
to compliance with all conditions set forth by the Village in its approval
of the stormwater pollution prevention plan, the Village may require the applicant
or developer to provide, prior to construction, a performance bond, cash escrow,
or irrevocable letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names the Village
as the beneficiary. The security shall be in an amount to be determined by
the Village based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall remain
in force until the surety is released from liability by the Village, provided
that such period shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) has been constructed in
accordance with the approved plans and specifications and that a one-year
inspection has been conducted and the facilities have been found to be acceptable
to the Village. Per-annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.Â
Maintenance guarantee. Where stormwater management and
erosion and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required
to provide the Village with an irrevocable letter of credit from an approved
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities both during and
after construction, and until the facilities are removed from operation. If
the developer or landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Village may draw
upon the account to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.Â
Recordkeeping. The Village may require entities subject
to this article to maintain records demonstrating compliance with this article.
A.Â
Notice of violation. When the Village determines that
a land development activity is not being carried out in accordance with the
requirements of this article, it may issue a written notice of violation to
the landowner. The notice of violation shall contain:
(1)Â
The name and address of the landowner, developer or applicant;
(2)Â
The address, when available, or a description of the
building, structure or land upon which the violation is occurring;
(3)Â
A statement specifying the nature of the violation;
(4)Â
A description of the remedial measures necessary to bring
the land development activity into compliance with this article and a time
schedule for the completion of such remedial action;
(5)Â
A statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of violation is directed;
(6)Â
A statement that the determination of violation may be
appealed to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
B.Â
Stop-work orders. The Village may issue a stop-work order
for violations of this article. Persons receiving a stop-work order shall
be required to halt all land development activities, except those activities
that address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Village confirms that the land development
activity is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result in civil,
criminal, or monetary penalties in accordance with the enforcement measures
authorized in this article.
C.Â
Violations. Any land development 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.
D.Â
Penalties. In addition to or as an alternative to any
penalty provided herein or by law, any person who violates the provisions
of this article shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both, for conviction
of a first offense; for conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not less than
$350 nor more than $700 or imprisonment for a period not to exceed six months,
or both; and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less
than $700 nor more than $1,000 or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article shall
be deemed misdemeanors, and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
E.Â
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation of this
article, the Stormwater Management Officer may prevent the occupancy of said
building or land.
F.Â
Restoration of lands. Any violation may be required to
restore land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Village may take
necessary corrective action, the cost of which shall become a lien upon the
property until paid.
The Village may require any person undertaking land development activities
regulated by this article to pay reasonable costs at prevailing rates for
review of SWPPPs, inspections, or SMP maintenance performance by the Village
or performed by a third party for the Village.