[HISTORY: Adopted by the Council of the City
of Watervliet 9-6-2007 by L.L. No. 1-2007; amended in its entirety 3-30-2017 by L.L. No. 4-2017. Subsequent amendments noted where applicable.]
It is hereby determined that:
A.Â
Land development activities and the development of real property
and associated increases in site impervious cover often alter the
hydrologic response of local watersheds and increase stormwater runoff
rates and volumes, flooding, stream channel erosion, or sediment transport
and deposition;
B.Â
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species;
C.Â
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat; improper disposal and clearing of vegetation
and other wastes can lead to unacceptable conditions;
D.Â
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
E.Â
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
F.Â
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H.Â
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
I.Â
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this chapter 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 § 273-1 hereof. This chapter 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 and/or work activities on real property
to conform to the substantive requirements of the New York State Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) general permit for construction activities GP-02-01
or as amended or revised;
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 or decrease pollution caused by stormwater runoff from land
development activities which would otherwise degrade local water quality;
E.Â
Minimize or decrease the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable;
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; and
G.Â
Eliminate unstable soil conditions and the production of noxious
gases which result from improper stormwater practices, improper clearing
of vegetation, improper grading practices, and the burial of vegetative
or other wastes.
A.Â
This chapter shall be applicable to all land development activities,
work or construction on real property as defined in this chapter.
B.Â
The Council of the City of Watervliet shall designate a Stormwater
Management Officer who shall accept and review all stormwater pollution
prevention plans and forward such plans to the applicable municipal
board. The Stormwater Management Officer may review the plans; upon
approval by the Council of the City of Watervliet, engage the services
of a registered professional engineer to review the plans, specifications
and related documents or accept the certification of a licensed professional
that the plans conform to the requirements of this chapter.
C.Â
All land development activities, work or construction on real property
subject to subdivision or site plan review and approval shall be reviewed
subject to the standards contained in this chapter.
D.Â
All land development activities, work or construction on real property
not subject to subdivision or site plan review or approval shall be
required to submit a stormwater pollution prevention plan (SWPPP)
to the Stormwater Management Officer, who shall approve the SWPPP
if it complies with the requirements of this chapter.
The following activities are exempt from review under this chapter:
A.Â
Agricultural activity as defined in this chapter.
B.Â
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
C.Â
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
D.Â
Cemetery graves.
E.Â
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
F.Â
Emergency activity immediately necessary to protect life, property
or natural resources.
G.Â
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.
H.Â
Landscaping and horticultural activities in connection with an existing
structure.
I.Â
Creation or restoration of wetlands pursuant to a state or federal
wetlands permit.
As used in this chapter, the following terms shall have the
meanings indicated:
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 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The City of Watervliet and/or its agents.
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 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 as amended, 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, snowmelt 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."
An activity, including clearing, grading, excavating, soil
disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
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.
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.
Any construction or development activity upon real property.
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.
See "stormwater management practices."
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, 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.
An employee or officer designated by the Council of the City
of Watervliet to accept and review stormwater pollution prevention
plans, forward the plans to the applicable municipal board, inspect
stormwater management practices and enforce this chapter.
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.
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
No approval of a land development activity shall be issued until
a stormwater pollution prevention plan (SWPPP) has been accepted in
accordance with the specifications in this chapter.
B.Â
All SWPPPs shall provide the following background information and
erosion and sediment controls. Development within impaired watersheds
or where a five-acre variance request is submitted to the DEC may
require additional information.
(1)Â
Background information about the scope of the project, including
location, type and size of project;
(2)Â
Site map/construction drawing(s) for the project, including a general
location map. 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). At a minimum, the site map should show
the total site area; all improvements; areas of disturbance; areas
that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could
be affected by the construction activity; existing and final slopes;
locations of off-site material, waste, borrow or equipment storage
areas; and location(s) of the stormwater discharge(s);
(3)Â
Description of the soil(s) present at the site;
(4)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 and DEC variance
approval;
(5)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;
(6)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;
(7)Â
Information regarding the location of disposal of any material to
be removed from the site. Off-site disposal areas may not be within
regulated wetlands, buffer zones, protected watercourse areas, or
other environmentally sensitive areas unless applicable permits are
obtained. The proposed method of any on-site processing and reuse
of organic materials shall be specified and may require certification
by a New York State registered professional engineer or landscape
architect as a safe and effective means of disposal;
(8)Â
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for
each stage of the project from initial land clearing and grubbing
to project closeout;
(9)Â
A site map/construction drawing specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(10)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(11)Â
Temporary practices that will be converted to permanent control
measures;
(12)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;
(13)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(14)Â
Name(s) of the receiving water(s);
(15)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(16)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;
(17)Â
Any existing data that describes the stormwater runoff at the
site;
(18)Â
A slope stability analysis, if requested, where grading is proposed
on steep or slippage-prone slopes;
(19)Â
A stormwater management report in accordance with the "Standard
Format for Stormwater Management Plans and Reports" which is available
at the office of the Stormwater Management Officer;
(20)Â
A stormwater maintenance escrow agreement if the stormwater
facilities are being conveyed to the City once they are installed
and approved or a stormwater control facility maintenance agreement
if the stormwater facilities will remain privately owned. Either of
these agreements can be obtained from the Stormwater Management Officer.
C.Â
In addition to the SWPPP described above, land development activities
meeting any of the three conditions below shall also be required to
provide a report as to water quantity and water quality controls (post-construction
stormwater runoff controls):
(1)Â
Stormwater runoff from project activity disturbing between one acre
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; or
(2)Â
Stormwater runoff from land development activities disturbing five
or more acres; or
(3)Â
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.
D.Â
The additional report to be provided for post-construction stormwater
controls shall include:
(1)Â
Description of each post-construction stormwater management practice;
(2)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(3)Â
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(4)Â
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(5)Â
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(6)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(7)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;
(8)Â
Inspection and maintenance agreement binding on all subsequent landowners
served by the on-site stormwater management measures in accordance
with this chapter.
E.Â
If the land development activity meets either of the conditions described in Subsection C(2) or (3) of this section (activity disturbs five acres or more or runoff discharges a pollutant of concern to either an impaired water or a TMDL-designated watershed), then the SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC), soil scientist, or professional engineer and must be signed by the professional preparing the plan who shall certify that the design of all stormwater management practices meets the requirements in this chapter.
F.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.
G.Â
Contractor certification.
(1)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."
(2)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.
(3)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
(4)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.
Every soil disturbance shall meet the criteria set forth in
the New York Standards for Erosion and Sediment Control (aka "the
Blue Book"). Also, all land development activities shall be subject
to all of the following performance and design criteria:
A.Â
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
(1)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" or the "Blue Book").
(2)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").
B.Â
Equivalence to technical standards. Where stormwater management practices
are not in accordance with technical standards, the applicant or developer
must demonstrate equivalence to the technical standards set forth
in the Design Manual, and the SWPPP shall be prepared by a landscape
architect, certified professional in erosion and sediment control
(CPESC), soil scientist or professional engineer.
C.Â
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
D.Â
Permitting process; additional standards.
(1)Â
Applications shall be made on forms prescribed by the City therefor,
which shall be accompanied by the required fee, if any, established
by the Council of the City of Watervliet.
(2)Â
The Stormwater Management Officer shall review the application and
act to approve, approve with modification, or deny the requested SWPPP.
(3)Â
In the event that the submittal is denied, the applicant may have
the decision reviewed by the Zoning Board of Appeals.
(4)Â
The smallest practical area of land shall be exposed at any one time
during the project.
(5)Â
When land is exposed during development, the exposure shall be kept
to the shortest practical period of time.
(6)Â
To protect areas in excess of one acre exposed for a period over
two weeks during development, the following controls shall be applied:
(a)Â
Temporary vegetation, mulch, geotextiles, and/or emulsion shall
be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment.
(b)Â
On areas that will be exposed for short periods of time (daily),
where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO.
(c)Â
On areas such as temporary roadways, when dry conditions prevail,
the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7)Â
Sediment basins, debris basins, silting basins, silt fencing, or
silt traps shall be installed and maintained to remove sediment from
runoff waters on lands undergoing development.
(8)Â
Permanent final vegetation and structures shall be installed as soon
as practical in the development.
(9)Â
The development plan should be fitted to the type of topography and
soils so as to create the least erosion potentials.
(10)Â
Wherever feasible, natural vegetation should be retained and
protected.
(11)Â
In areas of proposed fill, all existing vegetation and other
organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate
off-site facility or processed for reuse on site in a manner that
will not be conducive to adverse effects of decomposition, such as
the production of odors or of concentrations of noxious or explosive
gases or the creation of unstable subsurface conditions. The proposed
method of on-site processing and reuse shall be specified in the permit
application and may require certification by a licensed professional
engineer as a safe and effective means of disposal.
(12)Â
No vegetation or other waste materials shall be buried on the
site.
(13)Â
All fill placed on the site shall be as free of organic material
as is practicable.
E.Â
Deposit; performance of site work; inspection.
(1)Â
To ensure that the site work is performed in accordance with the
controls of this chapter, before obtaining approval the applicant
shall deposit with the Director of Finance of the City of Watervliet
a cash escrow as set forth in the fee schedule adopted by the Council
of the City of Watervliet by resolution.
(2)Â
Said site work shall be performed and completed in accordance with
the approved plan and schedule of vegetation removal and disposal,
grading, construction operation and erosion control methods on file
with the Stormwater Management Officer at the time of issuance of
the approval.
(3)Â
Upon completion of the site work set forth in the plan, the applicant will request the City and/or its agents to inspect the work; upon approval of the site work, the City will direct the Director of Finance to release all of the applicant's money deposited pursuant to Subsection E(1) above.
(4)Â
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the City and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Director of Finance pursuant to Subsection E(1) above, and the Director of Finance shall be authorized to pay any charge or charges approved by the City without further approval of the applicant. If the City should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Director of Finance after completion of said site work shall be returned to the applicant.
A.Â
Maintenance and inspection during construction.
(1)Â
The City and/or its agents shall have the power to make necessary
inspections. The City may employ, at its discretion, a construction
inspector to act as its agent for the purpose of assuring satisfactory
completion of permit requirements. The inspection provided may include,
but not necessarily be limited to, all grading, drainage, stormwater
management systems and erosion control measures, and may include soil
testing as necessary to determine compliance with the provisions of
this chapter and the conditions of the approval.
(2)Â
The City will determine an amount sufficient to defray the costs
of such inspection. The applicant shall deposit said amount of moneys
with the Director of Finance in an escrow account prior to the issuance
of the approval. The City shall be authorized to pay the costs of
inspection by its construction inspector from the moneys on deposit
in said account and shall return to the applicant any such moneys,
including interest, on balance in the account at the time of completion
of the permitted site work, provided that all inspection costs have
been paid. If the moneys on deposit prove to be insufficient for the
costs of required inspections, the City shall require that the applicant
deposit additional moneys in an amount sufficient to satisfy the costs
of such additional inspections as may be required. If the applicant
fails to deposit additional moneys in a timely manner, any costs incurred
by the City shall be charged to the applicant.
(3)Â
The applicant or developer of the land development activity or its
representative 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%.
(4)Â
For land development activities meeting any of the conditions set forth in § 273-6C (project activity of between one and five acres of land during course of job, exclusive of one-family residences and construction activities at agricultural properties, or stormwater runoff from land development activities disturbing five or more acres, or stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water or a TMDL-designated watershed), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
B.Â
Maintenance easement. 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 City of
Watervliet 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 in the office of the
Albany County Clerk after approval by the Corporation Counsel.
C.Â
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. 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 chapter.
(2)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
D.Â
Maintenance agreements. The City of Watervliet shall promulgate a
formal maintenance agreement for stormwater management facilities
which are going to be privately owned after construction. The agreement
shall be binding on all subsequent landowners and recorded in the
office of the Albany County Clerk as a deed restriction on the property
prior to final plan approval. The standard maintenance agreement shall
be on file in the office of the Stormwater Management Officer. The
Council of the City of Watervliet, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that 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.Â
Inspection.
(1)Â
In addition to the DEC inspections required to be performed by the
applicant, the City of Watervliet Stormwater Management Officer, or
his/her designee, 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. In addition, a preconstruction
meeting is necessary and shall be held as directed by the Stormwater
Management Officer. To obtain inspections, the applicant shall notify
the City 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
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include but are not
limited to reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
C.Â
Submission of reports and record plans. The City of Watervliet Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter. All applicants are required to submit record 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 licensed
professional.
D.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 City of Watervliet the right, and
it shall be the right of the Stormwater Management Officer or her
designee, to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection.
E.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 City of Watervliet
in its approval of the stormwater pollution prevention plan, the City
may require the applicant or developer to provide, prior to construction,
a performance bond, cash escrow or irrevocable letter of credit from
an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the City of Watervliet as the
beneficiary. The security shall be in an amount to be determined by
the City based on submission of final design plans, with reference
to actual construction and landscaping costs. The performance guarantee
shall remain in force until the surety is released from liability
by the City of Watervliet, 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 City. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
F.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 City of Watervliet with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the City of Watervliet
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
G.Â
Recordkeeping. The City of Watervliet may require entities subject
to this chapter to maintain records demonstrating compliance with
this portion of the City Code. Upon request, such records shall be
made available to the Stormwater Management Officer for inspection
or copying.
H.Â
Notice of violation.
(1)Â
When the City of Watervliet determines that a project 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:
(a)Â
The name and address of the landowner, developer, and/or applicant;
(b)Â
The address when available or a description of the building,
structure or land upon which the violation is occurring;
(c)Â
A statement specifying the nature of the violation;
(d)Â
A description of the remedial measures necessary to bring the
project into compliance with this chapter and a time schedule for
the completion of such remedial action;
(e)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;
(f)Â
A statement that the determination of violation may be appealed
to the City Zoning Board of Appeals by filing a written notice of
appeal within 10 days of service of notice of violation by personal
delivery or by certified mail to the last known address of the landowner,
developer, and/or applicant.
(2)Â
If it is certified by the Stormwater Management Officer that a bona
fide emergency exists, the City shall have the right to cause any
necessary remediation or repairs to be made to protect the public
interests, and the costs assessed to the landowner, developer, and/or
applicant pursuant to this chapter, upon notice and an opportunity
to be heard. Where access to the property is denied by the landowner,
a warrant shall be obtained from a court of competent jurisdiction.
I.Â
Stop-work orders. The City of Watervliet may issue a stop-work order
for violations of this chapter. Persons receiving a stop-work order
shall be required to halt all work of any nature on the site, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the City of Watervliet
confirms that the project 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
or otherwise pursuant to law.
J.Â
Violations. 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.
K.Â
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$250 or imprisonment for a period not to exceed 15 days, or both,
for a first offense; upon a conviction of a second violation of this
chapter within five years, a person shall be guilty of a misdemeanor
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 a 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. Each five-day period of a continued violation shall constitute
a separate violation and may be charged as such.
L.Â
Withholding of certificate of occupancy. 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.
M.Â
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Watervliet
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The City of Watervliet may require any person undertaking activities
regulated by this chapter to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections, or SMP maintenance performed by
City personnel or performed by a third party for the City of Watervliet.