[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-6-2005 by L.L. No. 4-2005[1]]
It is hereby determined that:
A.
Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat for fish and other
desirable species.
C.
Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat.
D.
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
F.
Substantial economic losses can result from these adverse impacts
on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities.
H.
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety.
I.
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
The purpose of this 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 the Village of Suffern and to address the findings of fact in § 233-1 hereof. This article seeks to meet those purposes by achieving the following objectives:
A.
Meet the requirements of minimum measures 4 and 5 of the NYS Department
of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as
amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the NYSDEC SPDES General Permit for Construction Activities
GP-02-01 or as amended or revised;
C.
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.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
E.
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.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Board of Trustees of Suffern has the
authority to enact local laws and amend local laws for the purpose
of promoting the health, safety or general welfare of the Village
of Suffern and for the protection and enhancement of its physical
environment. The Board of Trustees of Suffern may include in any such
local law provisions for the appointment of any municipal officer,
employees, or independent contractor to effectuate, administer and
enforce such local law.
A.
This article shall be applicable to all land development activities as defined in this article, § 233-6.
B.
The Stormwater Management Officer shall accept and review (or delegate review of) all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer shall review the plans, and may, where authorized to do so, engage the services of a registered professional engineer to review the plans, specifications and related documents with the cost paid from an escrow account established pursuant to § 267-3 of the Village Code, or, at the Stormwater Management Officer's discretion, accept the certification of a licensed professional that the plans conform to the requirements of this article.
C.
All land development activities subject to review and approval by
the applicable board of the Village of Suffern under subdivision,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this article.
D.
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) (when required under the NYSDEC General SPEDES Permit) of the Stormwater Management Officer who shall accept the SWPPP if it complies with the requirements of this article.
The following activities may be exempt from review under this
article unless the Board of Trustees on recommendation from the Stormwater
Management Officer rescinds the exemption.
A.
Agricultural activity as defined in this article.
B.
Silvicultural activity except that landing areas and log haul roads
are subject to this article.
C.
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 facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved and a building permit issued by the Village of Suffern on
or before the effective date of this article.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I.
Emergency activity necessary to protect life, property or natural
resources.
J.
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.
K.
Landscaping and horticultural activities in connection with an existing
structure.
The terms used in this article or in documents prepared or reviewed
under this article shall have the meanings 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 100 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 (or
removes impervious surfaces exposing soils that are not immediately
recovered with impervious surfaces).
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, which 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
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.
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, and 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, latest issue.
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,
latest issue.
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.
The Director of the Department of Public Works or officer
designated by him to accept and review (or delegate 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.
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.
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.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project;
(b)
Site map/construction drawing(s) for the project, at a scale
no less than one inch equals 100 feet, including a general location
map. At a minimum, the site map should show the total site area; all
improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharges(s);
(c)
Description of the soil(s) present at the site;
(d)
Construction phasing plans 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)
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)
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)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)
Temporary practices that will be converted to permanent control
measures;
(k)
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)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)
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; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities as defined in § 233-6 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
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 (2005 includes
only Greenwood Lake).
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
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)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater management practice.
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(f)
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(h)
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.
C.
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.
D.
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.
E.
Contractor certification.
(1)
Each contractor and subcontractor who will be involved in soil disturbance
and/or stormwater management practice installation identified in the
SWPPP shall sign and date a copy of the following certification statement
before undertaking any land development activity: "I certify under
penalty of law that I understand and agree to comply with the terms
and conditions of the Stormwater Pollution Prevention Plan. I also
understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title of the person providing
the signature; address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
(3)
The certification statement(s) shall become part of the SWPPP for
the land development activity.
F.
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.
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)
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)
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.
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.
Maintenance during construction.
(1)
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)
The applicant or developer or his or her 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 weekly and also copied to the
site logbook.
B.
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
of Suffern to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The grantor in the office of the County Clerk shall
record the easement after approval by the counsel for the Village
of Suffern.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall operate and maintain the stormwater management practices
to achieve the goals of this article. Proper operation and maintenance
also includes as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances), which
are installed or used, by the owner or operator to achieve the goals
of this article.
(2)
Written procedures for operation and maintenance and training new
maintenance personnel.
D.
Maintenance agreements. The Village of Suffern shall review and 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[1] of this article entitled "Sample Stormwater Control Facility
Maintenance Agreement." The Village of Suffern, 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. The Village of Suffern may, at its discretion,
establish drainage districts to pay for all future maintenance costs.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
A.
Severability. If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this article.
B.
Effective date. This article shall be effective upon filing with
the office of the Secretary of State.
In addition to other requirements for approval of a subdivision,
the following requirements shall apply:
A.
For preliminary subdivision plat: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of §§ 233-1 through 233-10 of this article shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 233-6 through 233-10 of this article. The approved preliminary subdivision plat shall be consistent with the provisions of this article.
B.
For final subdivision plat approval; Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of §§ 233-1 through 233-10 of this article and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §§ 233-6 through 233-10 of this article. The approved final subdivision plat shall be consistent with the provisions of this article.
In addition to other requirements for approval of a site plan,
the following requirements shall apply:
A.
For site plan approval: A stormwater pollution prevention plan consistent with the requirements of §§ 233-1 through 233-10 of this article shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in §§ 233-6 through 233-10 of this article. The approved site plan shall be consistent with the provisions of this article.
The Erosion and Sediment Control Law of the Village of Suffern
is hereby adopted in general conformance with the New York State Model
Erosion and Sediment Control Ordinance, March 2003 as described by
the provisions of this article.
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Village of Suffern Stormwater Management Officer may require
such inspections as necessary to determine compliance with this article
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this article and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Village of Suffern enforcement official or his designee at least 48
hours before any of the following as required by the Stormwater Management
Officer (for each phase of construction, if applicable):
[1]
Start of construction.
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and take 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.
(2)
Stormwater management practice inspections and as-built plans. The
Village of Suffern Stormwater Management Officer, or his designee,
will conduct 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.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on a 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 based
on possible impacts to highly sensitive or valuable community water
resources; 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.
(4)
Submission of reports. The Village of Suffern Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
(5)
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 of Suffern the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A(3).
B.
Performance guarantee.
(1)
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 of Suffern
in its approval of the stormwater pollution prevention plan, the Village
of Suffern will require the applicant or developer to provide, prior
to construction, a performance bond, in an amount acceptable to the
Stormwater Management Officer in a form acceptable to the Village
Attorney which guarantees satisfactory completion of the project and
names the Village of Suffern as the beneficiary. The performance guarantee
shall remain in force until the surety is released from liability
by the Village of Suffern, 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 Village of Suffern.
(2)
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 of Suffern 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 of Suffern
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Village of Suffern may require entities subject
to this article to maintain records demonstrating compliance with
this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Village of Suffern 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:
(a)
The name and address of the landowner, developer or applicant.
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
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.
(e)
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)
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.
(2)
Stop-work orders. The Village of Suffern 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 of
Suffern 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.
(3)
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.
(4)
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
$5,000 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. 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.
(5)
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.
(6)
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Village of Suffern
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
The Village of Suffern 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 performed by the Village of Suffern or performed by a
third party for the Village of Suffern.
[Adopted 6-6-2005 by L.L. No. 5-2005[1]]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Village of Suffern through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are to:
A.
Regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B.
Prohibit illicit connections and discharges to the municipal separate
storm sewer system.
C.
Establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article.
For the purposes of this article, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this article.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. Currently
these include construction projects resulting in land disturbance
of five acres or more. Beginning in March 2003, NPDES Stormwater Phase
II permits will be required for construction projects resulting in
land disturbance of one acre or more. Such activities include but
are not limited to clearing and grubbing, grading, excavating, and
demolition.
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 direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 233-22 of this article.
Either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including but not limited to any conveyances which allow any nonstormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system 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 storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR Section 122.26(b)(14).
A permit issued by EPA [or by a state under authority delegated
pursuant to 33 U.S.C. § 1342(b)] that authorizes the discharge
of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
Any discharge to the storm drain system 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.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
The Director of the Village of Suffern Department of Public
Works.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The Stormwater Control Officer shall administer, implement,
and enforce the provisions of this article. Any powers granted or
duties imposed upon the authorized enforcement agency may be delegated
in writing by the Stormwater Control Officer to persons or entities
acting in the beneficial interest of or in the employ of the Village
of Suffern.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the municipal storm drain system or watercourses
any materials, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater. The commencement,
conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air-conditioning
condensation, springs, noncommercial washing of vehicles, natural
riparian habitat of wetland flows, swimming pools (if dechlorinated,
typically less than one PPM chlorine), fire-fighting activities, and
any other water source not containing pollutants.
(2)
Discharges specified in writing by the authorized enforcement agency
as being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the authorized enforcement agency prior to the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Federal
Environmental Protection Agency, 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 grantee for any discharge to the storm drain system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
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)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Stormwater Control Officer 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, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have his or
her MS4 access terminated if such termination would abate or reduce
an illicit discharge. The authorized enforcement agency will notify
a violator of the proposed termination of its MS4 access. The violator
may petition the authorized enforcement agency for a reconsideration
and hearing.
C.
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the authorized enforcement agency.
Any person subject to an industrial or construction activity
NPDES 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 Stormwater Control Officer prior to the
allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The Stormwater Control Officer 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 representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the Stormwater Control Officer ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The Stormwater Control Officer shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
The Stormwater Control Officer has the right to require the discharger
to install monitoring equipment as necessary. 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)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Stormwater Control
Officer and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the Stormwater Control Officer access
to a permitted facility is a violation of a stormwater discharge permit
and of this article. A person who is the operator of a facility with
a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the Stormwater Control Officer 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,
or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
The Stormwater Control Officer will adopt requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the U.S. The owner or operator
of a commercial or industrial establishment shall provide, at his
or her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system, Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of
the watercourse.
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 stormwater, the
storm drain system, or water of the U.S., 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 authorized
enforcement agency in person or by phone or facsimile no later than
the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Stormwater
Control Officer within three business days of the phone 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.
Whenever the Stormwater Control Officer finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Stormwater Control Officer may order compliance by written notice
of violation to the responsible person. Such notice may require without
limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
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.
Any person receiving a notice of violation may appeal the determination
of the Stormwater Control Officer. The notice of appeal must be personally
served on the Village Clerk within 14 days from the date of the notice
of violation. Hearing on the appeal before the Board of Trustees or
its designee shall take place within 15 days from the date of receipt
of the notice of appeal.
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 14 days of the decision of the Board of Trustees upholding
the decision of the Stormwater Control Officer, then representatives
of the authorized enforcement agency shall enter upon the subject
private property and are authorized to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises
to refuse to allow the government agency or designated contractor
to enter upon the premises for the purposes set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment by filing a detailed protest
with the Village Clerk within 14 days. If the amount due is not paid
within a timely manner as determined by the decision or by the expiration
of the time in which to file an appeal, the charges shall become a
special assessment against the property and shall constitute a lien
on the property for the amount of the assessment and shall be levied
on the next Village real property tax bill. Any person violating any
of the provisions of this article shall become liable to the Village
by reason of such violation. Interest at the rate of 18% per annum
shall be assessed on the balance beginning on the 31st day following
discovery of the violation.
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 Board of Trustees may institute an action 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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the authorized enforcement agency may
impose upon a violator alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, creek cleanup,
etc.
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.
Any person who has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of up to $500 per
violation per day and/or imprisonment for a period of time not to
exceed 30 days. The Stormwater Control Officer may recover all attorney's
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses.
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 Stormwater Control Officer
to seek cumulative remedies.
