[HISTORY: Adopted by the Board of Trustees of Village of
Greenwood Lake 2-21-2007 by L.L.
No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 38.
Flood damage prevention — See Ch. 118.
Subdivision and land development — See Ch. A122.
[1]
Editor's Note: This local law superseded former Ch. 96, adopted
8-4-1997 by L.L. No. 1-1997, as amended.
This chapter shall be known as the "Stormwater Management and
Erosion Control Law."
The Village of Greenwood Lake finds that uncontrolled drainage
and runoff associated with land use and development has a significant
impact upon the health, safety and welfare of the community. Specifically:
A.
Stormwater runoff can carry pollutants into receiving water bodies,
degrading water quality.
B.
The increase in nutrients in stormwater runoff, such as phosphorous
and nitrogen, accelerates eutrophication of receiving waters.
C.
Improper design and construction of drainage facilities can increase
the velocity of runoff thereby increasing stream-bank erosion and
sedimentation.
D.
Excavation of soil and construction requiring land clearing and the
alteration of natural topography tends to increase erosion.
E.
Siltation of water bodies resulting from increased erosion decreases
their capacity to hold and transport water, interferes with navigation
and harms flora and fauna.
F.
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
G.
Improperly managed stormwater runoff can increase the incidence of
flooding and the level of floods which occur, endangering property
and human life.
H.
Substantial economic losses can result from these adverse impacts
on community waters.
I.
Many future problems can be avoided if land is developed with sound
stormwater management and erosion control practices.
In order to protect, maintain and enhance both the immediate
and long-term health, safety and general welfare of the citizens of
the Village of Greenwood Lake, as well as the general public, this
chapter has the following objectives:
A.
To enhance the quality of the waters of Greenwood Lake, its tributaries
and sources.
B.
To check the rate of and reverse the process of the eutrophication
of the waters of Greenwood Lake.
C.
Prevent increases in the magnitude and frequency of stormwater runoff
so as to prevent an increase in flood flows and in the hazards and
costs associated with flooding.
D.
Prevent decreases in groundwater recharge and stream base flow so
as to maintain aquatic life, assimilative capacity and potential water
supplies.
E.
Maintain the integrity of stream geometry so as to sustain the hydrologic
functions of streams.
F.
Control erosion and sedimentation so as to prevent its deposition
in streams and other receiving water bodies.
G.
Facilitate the removal of pollutants in stormwater runoff so as to
perpetuate the natural biological functions of streams.
H.
To the extent practical, secure multiple community benefits, such
as groundwater replenishment, open space protection and increased
recreational and economic opportunity, through integrated land use/stormwater
management planning.
A.
In accordance with Article 10 of the Municipal Home Rule Law, Article
4 and Article 20 of the Village Law of the State of New York, the
Village of Greenwood Lake has the authority to enact this chapter
for the purpose of promoting the health, safety or general welfare
of the citizens of the Village of Greenwood Lake and the general public.
B.
Upon the approval of this chapter, the Board of Trustees of the Village or Greenwood Lake does hereby appoint and authorize the Planning Board and the Building Inspector or Code Enforcement Officer to effectuate and administer the provisions and requirements of this chapter in accordance with the duties and authorities of the Planning Board and the Building Inspector or Code Enforcement Officer, respectively, as set forth in Chapter 120, Zoning, of the Code of the Village of Greenwood Lake.
Upon the approval of this chapter by the Village of Greenwood
Lake, all development, as herein defined, all site preparation and
all construction activities requiring approval under this chapter
shall be in conformance with the requirements and provisions set forth
herein.
A.
Unless specifically defined below, words or phrases shall be interpreted
so as to give them the meaning they have in common usage and to give
this chapter its most effective application. Words used in the singular
shall include the plural and the plural the singular; words used in
the present tense shall include the future tense. The word "shall"
connotes mandatory and not discretionary; the word "may" is permissive.
B.
CRITICAL ENVIRONMENTAL AREA
DEVELOPMENT
DRY WELL
EROSION
EXFILTRATION
EXTENDED DETENTION
FIRST FLUSH
FLOODPLAIN
FOREBAY
IMPERVIOUS AREA
INFILTRATION
INFILTRATION BASIN
OUTFALL
PEAK FLOW
PEAK FLOW ATTENUATION
RETENTION
RIPRAP
RISER
STREAM
STREAM CORRIDOR
SWALE
As used in this chapter, the following terms shall have the meanings
indicated:
A specific geographic area designated by state or local agency
having exceptional or unique characteristics that make the area environmentally
important.
To make a site, lot, area of land or any portion thereof
available for use by physical alteration. Development includes but
is not limited to providing access to a site, clearing or removal
of vegetation, grading, excavation, earth moving, providing utilities
and other services, such as parking facilities, stormwater management
and erosion control systems and sewage disposal systems, altering
landforms, creating impervious surfaces or construction of a structure
on the land.
Similar to an infiltration trench, but smaller with inflow
from a pipe; commonly covered with soil and used for drainage areas
of less than one acre, such as roadside inlets and rooftop runoff.
The removal of soil particles by the action of water, wind,
ice or other geological agents.
The downward movement of runoff through the bottom of an
infiltration system into the soil.
A practice to store stormwater runoff by collection as a
temporary pool of water and provide for its gradual (attenuated) release
over 24 hours or more; a practice which is used to control peak discharge
rates and which provides gravity-settling of pollutants.
The delivery of a disproportionately large load of pollutants
during the early part of storms due to the rapid runoff of accumulated
pollutants. The first flush in these guidelines is defined as the
runoff generated from a one-year twenty-four-hour storm event from
land which has been made more impervious from predevelopment conditions
through land grading and construction/development activities.
For a given flood event, that area of land temporarily covered
by water which adjoins a watercourse.
An extra storage area or treatment area, such as a sediment
pond or created wetland, near an inlet of a stormwater management
facility to trap incoming sediments or take up nutrients before they
reach a retention or extended detention pond.
Impermeable surfaces, such as pavement or rooftops, which
prevent the percolation of water into the soil.
A practice designed to promote the recharge of groundwater
by containment and concentration of stormwater in porous soils.
An impoundment made by excavation or embankment construction
to contain and exfiltrate runoff into the soil layer.
The terminus of a storm drain where the contents are released.
The maximum rate of flow of water at a given point and time
resulting from a storm event.
The reduction of the peak discharge of storm runoff by storage
and gradual release of that storage.
A practice designed to store stormwater runoff by collection
as a permanent pool of water without release except by means of evaporation,
infiltration or attenuated release when runoff volume exceeds the
permanent storage capacity of the permanent pool.
A combination of large stone, cobbles and boulders used to
line channels, stabilize stream banks and reduce runoff velocities.
A vertical pipe that is used to control the discharge rate
from a pond for a specified design storm.
A watercourse or body of water, either man-made or natural,
whether perennial, ephemeral/intermittent or continual.
The landscape features on both sides of a stream, including
soils, slope and vegetation, whose alteration can directly impact
the stream's physical characteristics and biological properties.
A natural depression or wide shallow ditch used to temporarily
route and/or filter runoff.
A.
It has been established that land clearing, land grading, earth moving,
excavation, land filling or development activities can have a significant
effect on the environment. Therefore, no person, corporation, organization
or public agency shall, on or after the effective date of this chapter:
(1)
Initiate any removal of vegetation, land clearing, land grading,
earth moving, excavation, land filling or development activities without
first:
(a)
Preparing a comprehensive stormwater management and erosion
control plan and obtaining approval of said plan from the Village
of Greenwood Lake, or;
(b)
Preparing a basic stormwater management and erosion control
plan and obtaining approval of said plan from the Village of Greenwood
Lake, or;
(c)
Installing and implementing erosion control measures and devices
at the direction of and after inspection by and upon the written approval
of the Building Inspector or Code Enforcement Officer.
(2)
Alter any drainage system, watercourse, stream or stream corridor
or any portion thereof, without first preparing a comprehensive stormwater
management and erosion control plan and obtaining approval of said
plan from the Village of Greenwood Lake.
B.
The following activities are exempt from the comprehensive stormwater
management and erosion control plan requirements:
C.
The following activities are exempt from the basic stormwater management
and erosion control plan requirements:
(1)
Household gardening activities where less than 1,000 square feet
of soil is exposed or vegetation is removed and where the exposed
soil area is not contiguous with an impervious surface, such as a
driveway or street.
(2)
The removal of diseased or dead trees and shrubbery, where the limit
of disturbance is less than 10,000 square feet.
(3)
Any maintenance, alteration, use or improvement to an existing structure
which will not change the quality, rate, volume or location of surface
water discharge or contribute to erosion and sedimentation, so long
as such disturbance is less than 10,000 square feet. Such determination
shall be made by the Building Inspector or Code Enforcement Officer.
A.
It is the responsibility of an applicant to prepare a basic stormwater
management and erosion control plan so that the Village of Greenwood
Lake can evaluate the environmental characteristics of the affected
areas, the potential and predicted impacts of the proposed activity
on existing drainage facilities and community waters and the effectiveness
and acceptability of those measures proposed by the applicant for
reducing or mitigating adverse impacts.
B.
The basic stormwater management and erosion control plan shall be
in conformance with the NYS Standards and Specifications for Erosion
and Sediment Control, and contain the name, address and telephone
number of the owner of record as well as of the developer. In addition,
the legal description of the property shall be provided, and its location
with reference to such landmarks as water bodies, streams, adjoining
roads, subdivision boundaries and municipal boundaries shall be clearly
identified on a map.
C.
The structure and content of the basic stormwater management and
erosion control plan shall be as follows:
(1)
The applicant shall provide a current site development plan (with
last six months), subdivision, and/or special permit or survey map
bearing the signature, seal and license number of a professional land
surveyor or professional engineer that shall include the following
information:
(a)
All existing site improvements, including but not limited to
buildings, structures, impervious surface areas, existing drainage
improvements, such as culverts, swales, curtain drains, catch basins,
etc.
(b)
All existing drainage facilities that are off-site but contiguous
with or directly affected by runoff from the proposed development
site.
(c)
Existing watercourses, streams, freshwater wetlands and conservation
areas found on the proposed development site, contiguous with the
proposed development site or which may be directly affected by runoff
from the proposed development site.
(d)
Existing vegetation and ground cover found on the proposed development
site.
(e)
Existing topography and land forms found on the proposed development
site.
(f)
All proposed site improvements and changes or additions to existing
site improvements, including but not limited to buildings, structures,
driveways, parking areas, impervious surface areas, utilities, such
as underground gas, telephone, cable and electric lines, sewage disposal
facilities, drainage improvements, such as culverts, swales, curtain
drains, catch basins or any surface or subsurface discharge of collected
stormwater.
(g)
The location and dimensions of all areas to be cleared of vegetation,
excavated or, in any manner, exposing soil to the elements which could
cause erosion.
(h)
All site areas that are to remain in a natural or existing state
of vegetation and all proposed site areas that are to be planted with
perennial grass or other ground covering vegetation.
(i)
The location and type of all proposed erosion control measures,
devices and structures, both temporary and permanent.
(2)
The applicant shall provide in addition to the site development,
subdivision, and/or special permit plan map the following information:
(a)
Construction details of all proposed drainage improvements and
changes or additions to existing drainage improvements, including
material components, dimensions, slopes, elevations, sections, etc.
(b)
Construction details of all proposed erosion control measures,
devices and structures, including material components, dimensions,
slopes, elevations, sections, etc.
(c)
A schedule of the implementation of erosion control measures
that shall include predevelopment measures, construction phase measures
and permanent vegetative and structural measures.
D.
Wherever practical, the applicant should combine required maps and
information for the basic stormwater management and erosion control
plan with site development plan maps or subdivision plats to be submitted
for approval so as to avoid duplication of information.
A.
It is the responsibility of an applicant to prepare a comprehensive
stormwater management and erosion control plan so that the Village
of Greenwood Lake can evaluate the environmental characteristics of
the affected areas, the potential and predicted impacts of the proposed
activity on existing drainage facilities and community waters and
the effectiveness and acceptability of those measures proposed by
the applicant for reducing or mitigating adverse impacts.
B.
The comprehensive stormwater management and erosion control plan
shall contain the name, address and telephone number of the owner
of record and the developer. In addition, the legal description of
the property shall be provided, and its location with reference to
such landmarks as water bodies, streams, adjoining roads, subdivision
boundaries and municipal boundaries, shall be clearly identified on
a map.
C.
The structure and content of the comprehensive stormwater management
and erosion control plan shall be as follows:
(1)
At a minimum, the comprehensive stormwater management and erosion
control plan shall:
(a)
Provide background information about the scope of the project.
(b)
Provide a statement of stormwater management objectives.
(c)
Compare postdevelopment stormwater runoff conditions with predevelopment
conditions.
(d)
Describe proposed structural and vegetative stormwater management
measures to ensure that the quantity, temporal distribution and quality
of stormwater runoff during and after development is not substantially
or detrimentally altered from predevelopment conditions.
(e)
Identify the type and frequency of maintenance required by the
stormwater management and erosion control facilities utilized.
(2)
Within the above context, the following outline details the structure
and content of a comprehensive stormwater management and erosion control
plan:
I.
Background information.
A.
Project description
1.
Describe what is being proposed (i.e., residential lot subdivision,
planned unit development, commercial/retail development, etc.
2.
Describe project size (i.e., number of acres, number of dwelling
units, other buildings, density, etc.).
3.
Describe other improvements that will be made on the project
site, including streets and roads, utilities, such as water, sewer,
underground gas, telephone, cable and electric lines, and give particular
attention to acreage of land that will become paved and covered with
buildings. Lawn acreage should also be specified.
4.
Provide a location map. Include watersheds in the community
that may be impacted by the project. Also, show roads and the proximity
of the project to municipal boundaries, nearest water bodies and other
prominent features.
5.
Provide a base map at a scale no smaller than one inch equals
20 feet containing boundary lines of the project site, subcatchments
and contributory watersheds at a scale agreed upon by the Village
of Greenwood Lake and the developer.
6.
Provide an analysis of site limitations and development constraints
by including such factors as slope, soil erodibility, depth to bedrock,
depth to seasonal high water, soil percolation, etc, to facilitate
evaluation of site suitability for proposed stormwater and erosion
control facilities in relation to the overall development proposal.
7.
Provide a statement describing how this project will meet stormwater
management objectives established by the Village of Greenwood Lake.
8.
Provide a general description of the approaches which will be
taken to control erosion and sedimentation and stormwater runoff.
9.
Provide a statement indicating when the project is to begin
and the expected date of completion.
10.
Provide a map and description of all critical environmental
areas, conservation areas, wildlife habitats, easements, etc., to
be protected. (These areas should be marked in the field.)
11.
Provide an analysis of potential impacts from the proposed development
to natural resource features on site and off site, such as streams,
lakes, wetlands, water supplies, etc. A determination as to whether
the proposed development will affect any designated primary or principal
aquifer also should be included.
B.
Existing (predevelopment) conditions.
1.
Provide a map showing topography (contours) under existing conditions.
On this same map, show drainage patterns, including ditches, culverts,
permanent streams, intermittent/ephemeral streams or drainages, wetlands
or other water bodies and existing roads.
2.
Provide a map showing existing land use, open space, public
facilities, utility lines, water supply wells on site and predominant
vegetation cover types (forested, brushland, grassland, etc.).
3.
Obtain soils survey information and, by subcatchment, provide
tabular information detailing the area in acres that are in each of
the Soil Conservation Service (SCS) Hydrologic Soil Groups A, B, C
or D. Soils information can also be obtained by conducting a site-specific
soil survey.
4.
Where applicable, provide a map showing designated floodplain
boundaries in the affected drainage basin, including the one-hundred-year
flood elevation. Show culverts downstream of the project and culvert
size. Show existing easements for storm drains, utilities, maintenance,
etc. Show the extent of the drainage area served by a man-made stormwater
drainage network if that network system is collecting runoff from
outside of the natural drainage basin and is discharging into the
basin of concern.
5.
Provide hydrologic data describing rainfall characteristics.
This should include the following:
C.
Proposed future (development) conditions.
1.
Provide a map showing by subcatchment, the completed project,
including lot layout, location of buildings, streets, other impervious
surface areas, final contours, utility lines, water supply wells,
individual sewage disposal systems, central sewage facilities and
the location and types of easements.
2.
Provide tabular information, by subcatchment, showing the acres
of impervious area created in the proposed development as well as
the extent of lawn and areas where the land has been made more impervious
than predevelopment conditions.
3.
By subcatchment, show on a map changes to land surface, including
areas of cuts and fills, changes in vegetative cover types and final
contours. Indicate by subcatchment, land-clearing and earthmoving
start-up and completion dates.
4.
Indicate construction schedule, including estimated completion
date(s) and proposed winter shutdowns.
II.
Comparison of predevelopment with postdevelopment runoff.
A.
Methodologies.
1.
Describe or identify the methodology used to compare and evaluate
predevelopment with postdevelopment runoff conditions in terms of
volumes, peak rates of runoff, routing and hydrographs. [See NYS Stormwater
Management Design Manual (2001; updated 2003) for additional information.]
a.
Peak discharge rates and total runoff volumes from the project
area for existing site conditions and postdevelopment conditions for
the one-year, two-year, ten-year, and one-hundred-year twenty-four-hour
storm events should be calculated. The relevant variables used in
this determination, such as curve number and time of concentration,
should be included.
b.
Downstream analysis of the one-hundred-year, twenty-four-hour
event, including peak discharge rates, total runoff volumes and evaluation
of impacts to receiving waters and/or wetlands should be evaluated.
c.
Storage volume and surface area requirements necessary to provide
flood control for runoff generated during two-year, ten-year and one-hundred-year
twenty-four-hour storm events should be calculated.
d.
Discharge provisions for the proposed control measures, including
peak discharge rates, discharge capacity for each stage, outlet channel
design and a description of the point of discharge, should be provided.
e.
Sufficient detail should be provided to show that the stormwater
facility(ies) is/are capable of withstanding the discharge from the
one-hundred-year storm event.
2.
Describe or identify the methodology used to compare and evaluate
predevelopment with postdevelopment pollutant loading. Contaminants
to be compared include total suspended solids, total phosphorus, total
nitrogen and biological oxygen demand. Pollutant loading coefficients
may be used. [See Stormwater Design Manual (2001; updated 2003) for
additional information.]
a.
Water quality treatment facilities should be designed to capture
and treat the water quality volume as defined in the NYS Stormwater
Design Manual.
b.
The necessary storage volumes should be calculated and the proposed
stormwater measure(s) should be described in detail. The plans should
provide sufficient detail of the water quality control measures to
ensure that the relevant design criteria will be met.
c.
Specific information may include surface area dimensions, depths,
inlet designs, planting specifications for use of aquatic vegetation,
percent of solids removal expected, discharge rates and outlet design.
B.
Calculations.
1.
State any assumptions used in making the calculations.
2.
Provide assumptions and coefficient values used in the hydrologic
calculations for making the above comparisons. Evaluate the postdevelopment
effect of stormwater runoff on identified floodplains or designated
flood hazard areas in the community.
3.
Compare pollutant loading between before and after conditions.
Provide computations.
III.
Stormwater management.
A.
Stormwater management facilities.
1.
Describe in a narrative and show on a map, by subcatchment,
proposed stormwater management facilities. A soil profile to at least
one foot below the stormwater management facility shall be provided.
2.
Provide designs of proposed structural stormwater management facilities. Pursuant to the provision of this chapter, §§ 96-11 and 96-12, for peak flow attenuation and water quality management, indicate which facilities will be used to attenuate peak flows, which will be used to enhance stormwater runoff quality and which facilities will serve a dual role. Identify the materials used to construct these facilities.
3.
Calculations for sizing stormwater facilities shall be provided.
4.
Provide designs and calculations for siting and sizing such
specialized measures and devices as filter strips, water quality inlets
(oil/grit separator), forebays, etc., which will be used to remove
sediment, oil-based products and other contaminants found in urban
runoff.
5.
Provide an evaluation of the amount of treatment or level of
pollutant reduction that can be expected from the proposed stormwater
management facility(ies). Contaminants to be considered in this evaluation
include total suspended solids (TSS), total phosphorus (P), total
nitrogen (N), biological oxygen demand (BOD) and thermal pollution.
Evaluation of the effectiveness of stormwater management practices
can be based on reports of comparable stormwater facilities on similar
sites. Pollutant loading coefficients for total P, total N and BOD,
and models for making this evaluation, are identified and discussed
in the NYS Stormwater Management Design Manual (2001; updated 2003).
|
Guidance for evaluating the level of reduction of TSS (and other
pollutants attached thereto) that can be expected from selected stormwater
management facilities can be found in the publication entitled "Methodology
for Analysis of Detention Basins for control of Urban Runoff Quality."[1] Also, the BMPSOFT model and P8 Urban Catchment Model referred
to in the NYS Stormwater Design Manual (2001; updated 2003) may be
used to calculate the level of reduction of TSS (and other pollutants)
that can be expected from selected stormwater management facilities.
|
[1]
United States Environmental Protection Agency, Methodology
for Analysis of Detention Basins for Control of Urban Runoff Quality.
Office of Water, Nonpoint Source Branch (EPA 440/5-87-001, Washington,
D.C. 1986).
6.
Provide information on the design provisions that address safety
considerations (e.g., gentle slopes and benches in ponds) and accommodate
maintenance needs (including access to conduct maintenance operations).
B.
Stormwater conveyance system.
1.
Describe in a narrative and map, by subcatchment, the stormwater
conveyance (drainage) system. Indicate which segments of the system
are open channels and which segments are piped (culverts). Provide
rationale and justification for installing piped segments.
2.
Provide plan view and cross-sectional designs of stormwater
conveyance systems. Hydrologic calculations for siting and sizing
the stormwater conveyance system should be provided.
3.
Provide plans, designs and identify materials to be used for
preventing erosion in channel sections of stormwater conveyance systems.
Show how erosion at culvert inlets and outfalls will be prevented.
C.
Recreational and/or landscape features (optional).
1.
Describe and illustrate any recreational or landscape features
which are to be factored into the stormwater management system to
enhance the aesthetics of the facility(ies) and provide multiple use
options.
2.
On the map prepared according to the New York Standards and
Specifications for Erosion and Sediment Control, show the location
of recreational facilities.
3.
Provide landscaping sketches and designs for the stormwater
management facilities.
IV.
Erosion and sediment control.
A.
Temporary erosion and sediment control facilities (to be used
during land clearing, land grading and the construction phase.)
1.
Describe temporary structural facilities and vegetative measures
which will be used for soil stabilization and to control erosion and
sedimentation.
2.
Provide a map showing, by subcatchment, the location of temporary
vegetative and structural erosion and sediment control facilities,
specifying the location(s); size(s) and length(s) of each erosion
and sediment control practice.
3.
Provide dimensional details of proposed erosion and sediment
control facilities and identify the materials that will be used in
developing these facilities. Calculations used in siting and sizing
sediment basins should be provided. (See New York Standards and Specifications
for Erosion and Sediment Control.)
4.
Identify temporary erosion and sediment control facilities which
will be converted to permanent stormwater management facilities.
5.
Provide an implementation schedule for the staging of temporary
erosion and sediment control facilities.
6.
Provide a maintenance schedule for soil erosion and sediment
control facilities.
B.
Permanent erosion and sediment control facilities.
1.
Describe permanent structural and vegetative practices which
will be used to provide long-term control of erosion and sedimentation
when construction activities are completed and the project site is
restored.
2.
Provide a map showing, by catchment, the location of permanent
erosion control facilities, both vegetative and structural.
3.
By subcatchment, provide an implementation schedule for restoring
the project site with permanent erosion and sediment control facilities.
V.
Implementation schedule and maintenance.
A.
Provide an implementation schedule for staging of all stormwater
management facilities. Describe how this schedule will be coordinated
with the staging of erosion and sediment control facilities and construction
activities.
B.
Provide a description of the arrangements that will be made for ensuring
long-term maintenance of stormwater management and erosion control
facilities. Backup contingency plans should be provided and described.
Those responsible for performing maintenance should be identified.
A.
Provisions for stormwater management and erosion control should be
considered in a three-stage process:
(1)
Presubmission phase, which provides an opportunity for the community
to learn of the developer's intent and for the developer to learn
of the community's requirements and standards for development.
(2)
Preliminary site development plan phase, which includes the submission of an application for preliminary site development, subdivision, and/or special permit plan approval for a developer. The application shall be accompanied by information about the proposal as set forth in §§ 96-8 and 96-9 of this chapter. Because it is a preliminary action and not final, action on the proposal shall be given as tentative approval, tentative approval with modification or disapproval.
(3)
Final site development plan phase. If approval or approval with modification
is tentatively given in the preliminary site development phase, subdivision,
and/or special permit, the next step can be submission of a final
application, including the necessary documentation for final approval.
It is in this phase that any requested modifications be satisfied
as part of final application submission.
B.
Any basic stormwater management and erosion control plan submitted
for approval may be subject to review by the Village Engineer or the
Orange County Soil and Water Conservation District.
C.
Any comprehensive stormwater management and erosion control plan
submitted for approval shall be subject to review by the Village Engineer
or the Orange County Soil and Water Conservation District.
E.
No stormwater management and erosions control plan will be approved
without adequate provision for inspection of the property before development
activity commences. The applicant shall arrange with the Village of
Greenwood Lake for scheduling the following inspections:
(1)
Initial inspection, prior to approval of the stormwater management
and erosions control plan.
(2)
Erosion control inspection, to ensure that erosion control practices
are in accord with the plan.
(3)
Bury inspection, prior to backfilling of any underground drainage
or stormwater conveyance structures.
(4)
Final inspection, when all work, including construction of stormwater
facilities, has been completed.
F.
All inspections of stormwater management facilities and erosion control
measures and practices initiated pursuant to an approved plan shall
be conducted by the Design Engineer or the Orange County Soil and
Water Conservation District, or other qualified professional.
G.
The Village of Greenwood Lake shall inspect the work and either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved stormwater management and erosions control plan. Any portion of the work which does not comply shall be promptly corrected by the applicant or the applicant will be subject to the bonding provisions of § 96-15 and the penalty provisions of § 96-16. The Village of Greenwood Lake may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
H.
Plan review fees and inspection fees. All professional consultant fees for the review of stormwater management and erosion control plans and the inspections required pursuant to this section shall be paid by the applicant in accordance with the provisions of Chapter 53, Fees, of the Code of the Village of Greenwood Lake, Article I, Consultants' Fees.
A.
stormwater management and erosions control plans shall be prepared
in accordance with performance standards which have been structured
to achieve the purposes and objectives of this chapter as well as
to ensure that the quality and quantity of runoff after development
is not substantially altered from predevelopment conditions.
B.
In instances where predevelopment conditions, such as severe slopes
and poor vegetative cover, enable erosion and sedimentation during
minor or major storm events that may be deleterious or pernicious
to other lands or to the waters of Greenwood Lake, its tributaries
or sources, stormwater management and erosions control plans shall
include provisions of a higher standard that shall ensure the stabilization
and control of erosion and sedimentation resulting from predevelopment
conditions.
A.
Erosion and sediment control standards.
(1)
The following standards provide minimum criteria to ensure that properly
designed erosion and sediment control practices are factored into
site-specific development plans. While they are considered minimum
requirements, the particular facts and circumstances of each project
must be considered in reviewing the plans. The protection and enhancement
of the quality of the waters of Greenwood Lake, its tributaries and
sources may require a greater degree of control than indicated herein.
(2)
In general, the goals for erosion and sediment control are first
to minimize the opportunity for the soil to be moved by wind, precipitation
and runoff and second to contain sediment that does move close to
its place of origin and thus prevent it from reaching a water body
or damaging other lands.
(3)
The first goal is met by disturbing as little land as possible, at
any one time, and leaving land that is disturbed unprotected for as
short a time as possible. The second goal is met by installing appropriate
control measures before the land disturbing activity begins and then
maintaining those measures as long as they are needed. The erosion
and sediment control standards that will help meet these goals are
as follows:
(a)
Existing vegetation on a project site should be retained and
protected as much as possible to minimize soil loss from the project
site. (This will also minimize erosion control costs.)
(b)
Sediment control practices/measures, where necessary, should
be designed to protect the natural character of water bodies on-site
as well as off-site. The practices must be in place from the start
of land disturbance activities to the establishment of permanent stabilization.
[1]
The off-site impacts of erosion and sedimentation from the development
site shall not be any greater during and following land disturbance
activities than under predevelopment conditions.
[2]
Water in stream reaches on site and downstream of construction
areas shall not have substantial visible contrast relative to color,
taste, odor, turbidity and sediment deposition from the water in reaches
upstream of the construction area.
[3]
Sediment-laden runoff shall not be allowed to enter any water
body in such quantity that would result in deposition on the bottom
of the water body, degrade its natural biological functions or be
deleterious to the classified usage of the water.[1]
[1]
See New York State Codes, Rules and Regulations, Title 6,
Chapter X, Parts 700-705, for surface and groundwater classifications
and standards.
(c)
Erosion and sediment control measures should be constructed
prior to beginning any land disturbance. All runoff from disturbed
areas should be directed to the sediment control devices. These devices
should not be removed until the disturbed land areas are stabilized.
(d)
Specific guidance.
[1]
Exposure restrictions. The amount of unprotected soil exposed at any point shall be minimized, and will be determined by the Village Engineer on a case-by-case basis. Previous earthwork should be stabilized in accord with approved design standards and specifications referenced in Subsection A(3)(d)[8] below, before additional area is exposed. (Site factors, including topography, soil erosion potential and proximity to wetlands and watercourses, may require limiting the amount of earth that can be exposed at any one time to less than three acres.)
[2]
Grading. Perimeter grading should blend with adjoining properties.
[3]
Vegetative protection. Where protection of trees and/or other vegetation is required, the location should be shown on the erosion control plan. The method of protecting vegetation during construction should conform to the design specifications referenced in Subsection A(3)(d)[8] below.
[4]
Drainage control.
[a]
Surface runoff that is relatively clean and sedimentfree should
be diverted or otherwise prevented from flowing through areas of construction
activity on the project site. This will greatly reduce sediment loading
in surface runoff.
[b]
A fill associated with an approved temporary sediment control
structure or permanent stormwater management structure, which causes
water to pond off site on adjacent property, should not be created
without first having obtained ownership or permanent easement for
such use from the owner of the off-site or adjacent property.
[c]
In general, natural drainage channels should not be altered.
Pursuant to Article 15 of the Environmental Conservation Law, a protected
stream and banks thereof should not be altered or relocated without
the approval of the Department of Environmental Conservation.[2]
[2]
Note: A natural drainage channel refers to a swale, watercourse
in a gully or an unprotected stream. Natural drainage channels should
not be altered or relocated on adjacent properties without first having
obtained ownership or a permanent easement for the altered or relocated
drainage channel from the owner of the off-site or adjacent property.
[d]
Runoff from any land-disturbing activity should not be discharged or have the potential to be discharged off site or into storm drains or into watercourses unless such discharge is directed through a properly designed, installed and maintained structure, such as a sediment trap, to retain sediment on site. Accumulated sediment shall be removed when it takes up 50% of the storage capacity of the sediment retention structure. (See Subsection A(3)(d)[8] below for design specifications.)
[e]
For finished grading, adequate gradients should be provided
so as to prevent water from standing on the surface of lawns for more
than 24 hours after the end of a rainfall, except in a swale flow
area which may drain as long as 48 hours after the end of a rainfall.
[f]
Permanent swales or other points of concentrated water flow should be stabilized. Biotechnical approaches using certain types of grasses, depending on soil erodability and slope, are preferable to using sod, gabions and riprap where water quality enhancement is a high priority and the swale design allows. However, sod, gabions or riprap may be used to stabilize swales where soils and gradient preclude the use of grasses. Use of grasses may require an erosion control matting as provided for in the design specifications referenced in Subsection A(3)(d)[8] below.
[g]
Surface flows over cut and fill slopes should be controlled as provided for in the design specifications referenced in Subsection A(3)(d)[8] below.
[5]
Timing.
[a]
Except as noted below, all sites should be seeded and mulched
with erosion control materials, such as straw mulch, jute or excelsior
(wood shavings) as specified in the New York Standards and Specifications
for Erosion and Sediment Control. If construction has been suspended
or sections completed, areas should be seeded immediately and stabilized
with erosion control materials. Maintenance should be performed as
necessary to ensure continued stabilization.
[i]
For active construction areas, such as borrow or
stockpile areas, roadway improvements and areas within 50 feet of
a building under construction, a perimeter sediment control system
consisting of silt fencing or hay bales must be installed and maintained
to contain soil.
[ii]
On cut sides of roads, ditches should be stabilized immediately with rock riprap or other nonerodible liners or, where appropriate, vegetative measures, such as sod. When seeding is approved, an anchor mulch should be used and soil should be limed and fertilized in accord with recommendations referenced in Subsection A(3)(d)[8] below.
[iii]
Permanent seeding should be optimally undertaken
in the spring from March 21 through May 20, and in late summer from
August 25 to October 15. During the peak summer months and in the
fall after October 15 when seeding is found to be impracticable, an
appropriate mulch should be applied. Permanent seeding may be undertaken
during summer if plans provide for adequate watering of the seedbed.
[iv]
All slopes steeper than 15%, as well as basin
or trap embankments and perimeter dikes should, upon completion, be
stabilized with sod, seed and anchored straw mulch or other approved
stabilization measures. Areas outside of the perimeter sediment control
system should not be disturbed. Maintenance should be performed as
necessary to ensure continued stabilization.
[b]
Temporary sediment trapping devices should be removed within
30 calendar days following establishment of permanent stabilization
in all contributory drainage areas. Stormwater management structures
used temporarily for sediment control should be made permanent within
this time period as well. Accumulated sediments removed from temporary
sediment traps or permanent stormwater management facilities should
be disposed of such that they will not erode and enter a water body.
[6]
Stream corridor management.[3]
[a]
Stream corridors should be delineated on a map for all streams
(permanent or intermittent) on the project site. An analysis of natural
resource constraints and cultural features, such as floodplains, wetlands,
slopes, soil erodibility, depth to bedrock, areas of ecological or
geological significance, significant wildlife habitats and historic
landmarks, can be used to delineate stream corridors. The one-hundred-foot
buffer around protected wetlands should be factored into the stream
corridor delineation process.
[b]
The delineated stream corridor should serve as a minimum setback
distance between areas to be developed on the project site and the
protected stream. Setback distances should be based upon the analysis
of natural resource constraints, such as slope, soil credibility,
depth to bedrock and cultural resource features.
[c]
Care is to be exercised to ensure that stream-bank vegetation,
including grasses, shrubs and trees, in the delineated stream corridor
remain undisturbed during land clearing, land grading and construction.
The outer edge of the stream corridor on the construction site should
be clearly delineated. Heavy construction equipment should be prevented
from entering the delineated stream corridor.
[d]
Impervious surfaces, other than at planned crossings, consisting
of asphalt, concrete or similar paving materials should not be installed
or constructed within the delineated stream corridor.
[e]
The bed and banks of all on-site and off-site streams which
may be impacted by land clearing, grading and construction activities
should be protected to prevent sedimentation, stream-bank erosion,
stream enlargement or degradation or loss of fisheries habitat. Measures
for protecting the bed and/or banks of a stream may include gabion
baskets, riprap, log cribbing and vegetative measures. Whenever possible,
vegetative stream-bank stabilization practices are recommended over
structural practices such as riprap and gabion linings which may unnecessarily
alter the stream ecosystem. Native species of vegetation should be
used for stream-bank stabilization wherever practical. In undertaking
stream-bank stabilization activities for protected streams, the permittee
shall comply with appropriate protection of water provisions in Article
15 of the Environmental Conservation Law.
[f]
Where temporary work roads or haul roads cross stream channels,
adequate waterway openings must be constructed using spans, bridges
or culverts. Backfill used in conjunction with spans, bridges or culverts
should consist of washed rock or other acceptable, clean methods that
will ensure that road construction and use do not result in turbidity
and sediment downstream. All stream-crossing activities and appurtenances
shall be in compliance with a permit issued pursuant to Article 15
of the Environmental Conservation Law, where applicable, and should
be carried put in conformance with guidelines in the stream corridor
management manual published by the Department of Environmental Conservation.[4]
[4]
New York State Department of Environmental Conservation "Stream
Corridor Management: A Basic Reference Manual." Division of Water
(Albany, NY, 1986), pp. 68 - 69.
[3]
New York State Department of Environmental Conservation "Stream
Corridor Management: A Basic Reference Manual," Division of Water
(Albany, NY, 1986), p. 111.
[7]
Maintenance.
[a]
An erosion control plan for a project site should identify maintenance
requirements for erosion and sediment control practices utilized,
and it should provide a maintenance schedule. All erosion and sediment
control measures should be inspected at a minimum of once a week,
and within 24 hours of a storm event producing 0.5 inch of rain or
more, and after every heavy rainfall and maintained in conformance
with the schedule so as to ensure they remain in effective operating
condition until such time as they are removed.
[b]
All points of construction ingress and egress should be protected
to prevent the deposition of materials onto traversed public thoroughfares
either by installing and maintaining a stabilized construction entrance
or by maintaining a vehicle wash area in a safe disposal area to wash
vehicle wheels and undercarriage. All materials deposited onto a public
thoroughfare must be removed immediately. Proper precaution should
be taken to assure that the removal of materials deposited onto a
public thoroughfare will not enter catch basins, storm sewers or water
bodies.
[c]
Accumulated sediment should be removed when 50% of the storage
capacity of sediment retention structures is reached. All removed
sediment should be disposed of in a spoil area where it can be graded,
mulched and seeded to prevent erosion and sedimentation.
[8]
Design specifications.
[a]
The designs, standards and specifications for controlling erosion
and sedimentation found in the following publication are acceptable
for use and should be identified and shown in the erosion control
plan: New York Standards and Specifications for Erosion and Sediment
Control.
[b]
Standards and specifications found in other manuals that provide
an equivalent or greater level of environmental protection also are
acceptable. Designs, standards and specifications taken from manuals
other than the above also should be identified and shown in the erosion
control plan.
B.
Flood control standards.
(1)
The following standards are viewed as minimum criteria to ensure
that properly designed stormwater management practices for controlling
rates and the volume of runoff are factored into development plans.
While they are considered as minimum requirements, the particular
facts and circumstances of a project must be considered. The protection
and enhancement of the quality of the waters of Greenwood Lake, its
tributaries and sources may require a greater degree of control than
indicated herein.
(2)
The standards are intended to ensure that stormwater runoff is safely
conveyed through a development site, to minimize stream-bank erosion
and to reduce flooding related to land development and urbanization.
The standards are as follows:
(a)
Peak flow attenuation.
[1]
The release of stormwater runoff from a developed area should
not exceed predevelopment conditions. To accomplish this, stormwater
runoff should be controlled so that during and after development,
no greater peak flow will be discharged from the project site than
was discharged prior to development for a runoff volume generated
from a two-year, twenty-four-hour storm, a ten-year, twenty-four-hour
storm and a one-hundred-year, twenty-four-hour storm all considered
individually.
[a]
The runoff volume generated from a two-year, twenty-four-hour
storm should be stored and gradually released for a minimum of 40
hours. This design standard is intended to achieve the stream channel
erosion control objective in the New York State Stormwater Design
Manual (2003).
[b]
The runoff volume generated from a ten-year, twenty-four-hour
storm should be attenuated for a minimum of 24 hours. This design
standard is intended to assure the adequacy of existing and proposed
culverts and storm drain systems as outlined in Table 6.
[c]
The runoff volume generated from a one-hundred-year, twenty-four-hour
storm should be attenuated for a minimum of 24 hours. This design
standard is intended to reduce the rate of runoff from the development
to prevent the expansion of the one-hundred-year floodplain and to
alleviate flooding of improved properties and roadways as outlined
in Table 6.[5]
[2]
Dry detention basins are frequently used for peak flow attenuation.
However, dry, extended detention ponds are not an acceptable option
for meeting water quality treatment goals. It is not necessary that
peak flow requirements be satisfied only by means of detention basins.
For example, infiltration trenches, dry wells or stone reservoirs
underneath paving may be used for attenuating peak flows for smaller
storms. Appropriate consideration must be given to the length of life
of the stormwater facility and feasibility of maintenance.
[3]
Where dams are to be constructed for attenuating peak flows,
approval may have to be obtained from the Department of Environmental
Conservation pursuant to § 15-0503 of the Environmental
Conservation Law.
[4]
For public safety reasons, the structural integrity of all stormwater
management control facilities should be designed to withstand the
discharge from a one-hundred-year, twenty-four-hour storm event.
(b)
One-hundred-year floodplains.
[1]
Any development activity, as herein defined, within Special Flood
Hazard Zones A and A2, as identified on the Flood Insurance Rate Map
(FIRM) No. 360616 0001B dated June 15, 1979, shall be in compliance
with all applicable provisions of Flood Damage Prevention Local Law
No. 2 of 1987,[6] adopted under the National Flood Insurance Program, as
well as the provisions set forth herein.
[2]
Pursuant to Article 24 of the Environmental Conservation Law, a one-hundred-foot
buffer is required around a protected wetland. Other buffer requirements
may apply in a delineated stream corridor.
[3]
The proximity of the development site to the one-hundred-year floodplain
and the one-hundred-year floodplain elevation should be shown on the
plan.
(c)
Runoff conveyance systems.
[1]
Priority should be given to maintaining natural drainage systems,
including perennial and intermittent streams, swales and drainage
ditches, in an open condition.
[2]
Where closed storm drain systems (i.e., those involving a culvert
or similar conduit) are deemed essential, justification should be
given as to why it is necessary to have a closed system. When justified,
the closed system should be designed to:
[a]
Convey the twenty-five-year, twenty-four-hour storm flow within the
closed (pipe) storm drain system; and
[b]
When a closed system sized for a twenty-five-year, twenty-four-hour
storm is used, the storm drain system should also provide for conveyance
of the one-hundred-year, twenty-four-hour storm (generally on well
established turf over the top of the closed storm drain).
[3]
Any alteration to a protected stream, a streambed or the banks thereof,
including the installation of stormwater conveyance systems, will
require an Article 15 protection of water permit and may require an
Article 24 freshwater wetlands permit.
[4]
Any culvert or stormwater structure placed in a stream should not
impede fish migration.
C.
Water quality management standards. The following standards must
be used in conjunction with the erosion and sediment control standards
and flood control standards to protect water quality from runoff associated
with development projects. The standards must be followed by a project
applicant/sponsor in preparing and implementing a stormwater management
plan. The standards should apply to all land areas where soil permeability
has been changed as a result of land clearing, land grading and land
development [New York State Stormwater Management Design Manual (2003)].
(1)
Control of first flush. Control of the first flush is important in
stormwater management because most runoff-related water quality contaminants
are transported from land, particularly impervious surfaces, during
the initial stages of a storm event. For example, from 70% to 95%
of the contaminants in stormwater can be removed by capturing the
first flush of runoff through infiltration practices.[7] Regardless of whether infiltration, retention or extended
detention practices are used to capture the first flush, the performance
standards for protecting water quality from stormwater runoff are
as follows:
(a)
Stormwater management facilities for capturing and treating
the first flush may include infiltration, retention and extended detention.
Dry detention (ponds) may not be used to treat the first flush.
(b)
Stormwater management facilities for treating the first flush
should be designed to capture the first 1.25 inches of runoff from
all land areas for which the perviousness has been changed over predevelopment
conditions due to land clearing, grading and construction.[8] Supplemental stormwater management practices, including
swales, filter strips and oil/grit separators, may not be used as
a substitute for infiltration, retention and extended detention in
treating stormwater runoff. However, these practices should be used
in conjunction with infiltration, retention and extended detention
wherever feasible.
[8]
Note that, in addition to paved surface areas and roof surfaces,
the contributory area for which the first flush should be captured
and treated includes lawns and similarly landscaped features which
are subject to fertilizer and chemical applications.
(c)
When extended detention is used, the detention time for capturing
and treating the first flush that is being discharged into a stream
or wetland should be at least 24 hours.
(d)
There should be no surface discharge to a water body when infiltration
or retention is used. If extended detention is built into a retention
(wet) pond by providing additional freeboard and an outlet structure
to an impoundment, the above detention times should be used.
[7]
Maryland Department of Natural Resources, "Minimum Water Quality
Objectives and Planning Guidelines for Infiltration Practices," Water
Resources Administration, Sediment and Stormwater Division, (Annapolis,
MD, April 1986) pp. 2-1 to 2-10.
(2)
Control of thermal discharges.
(a)
Control of thermal energy in stormwater runoff in watersheds
having streams which support cold water fisheries is essential. Impervious
surfaces, for example, asphalt parking areas and roofs, store large
quantities of heat during hot weather in summer. The heat from such
surfaces is released to stormwater through conduction during storm
events. Stormwater runoff having elevated temperatures can, in turn,
increase stream temperatures during storm events and adversely impact
cold water fisheries or other aquatic ecosystem functions.
(b)
Accordingly, stormwater discharges should be consistent with
the thermal criteria found in Part 704 of the Water Quality Regulations,
Title 6, Chapter X, NYCRR.
The Village of Greenwood Lake may allow stormwater runoff that
is of unacceptable quality or which would be discharged in volumes
or rates in excess of those otherwise allowed by this chapter to be
discharged into stormwater management facilities off the site of development
if all of the following conditions are met:
B.
The off-site drainage facilities and channels leading to them are
designed, constructed and maintained in accordance with the requirements
of this chapter.
C.
Adverse environmental impacts on the site of development will be
minimized.
D.
Adequate provision is made for the sharing of construction and operating
costs of the off-site facilities. The developer may be required to
pay a portion of the cost of constructing and operating the facilities
as a condition to receiving approval of the drainage plan.
F.
A request to use off-site stormwater management facilities and all
information related to the proposed off-site facilities shall be made
a part of the developer's stormwater management plan.
A.
The Village or Greenwood Lake shall determine whether stormwater
management facilities are to be maintained by the developer/owner,
a homeowners' association or by the Village of Greenwood Lake.
(1)
If maintenance is to be performed by a homeowners' association,
the homeowners' association must be registered pursuant to § 352-e
of the New York State General Business Law.
(2)
If maintained by an owner or homeowners' association, a maintenance plan containing a maintenance schedule shall be prepared by the developer, owner and/or homeowners' association for approval by the Village of Greenwood Lake. [See § 96-9C(1)(e).]
(3)
Stormwater management facilities maintained by an owner or homeowners' association shall have adequate enforceable recorded easements to permit the Village of Greenwood Lake to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. These maintenance easements shall be recorded on the plan and the deed and shall remain in effect with transfer of title of the property. Before taking corrective action, the Village of Greenwood Lake shall give the owner or homeowners' association written notice of the nature of the existing defects. If the owner or homeowners' association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Village of Greenwood Lake, the Village of Greenwood Lake may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to § 96-15 of this chapter or by the homeowners' association. If, in the event the homeowners' association fails to pay for necessary corrective action, the Village of Greenwood Lake shall place, or cause to have placed, a lien on the real property of members of the homeowners' association until payment is made.
B.
Stormwater management facilities may be dedicated to the Village
of Greenwood Lake for purposes of maintenance by mutual consent and
agreement of the developer/owner and the Village of Greenwood Lake.
A.
In order to ensure the full and faithful completion of all construction
activities related to compliance with all conditions set forth by
the Village of Greenwood Lake in its approval of the stormwater management
and erosions control plan, the Village of Greenwood Lake may require
the developer to provide, prior to any development activity, a performance
bond, escrow account certification or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Village of Greenwood
Lake as the beneficiary. The security shall be in such form and such
amount determined by the Village of Greenwood Lake based on submission
of final design plans, with reference to actual construction costs.
B.
Where stormwater management and erosion and sediment control facilities
are to be operated and maintained by the developer or by a corporation
that owns or manages a commercial or industrial facility, the developer,
prior to any development activity, may be required to provide the
Village of Greenwood Lake with an irrevocable letter of credit from
an appropriate financial institution or surety to ensure proper operation
and maintenance of all stormwater management and erosion control facilities
for the life of the project.
(1)
The letter of credit shall remain in force until the surety is released
from liability by the Village of Greenwood Lake.
(2)
Per annum interest on the letter of credit will be reinvested in
the account until the surety is released from liability.
(3)
The operation and maintenance letter of credit shall remain in force
for the life of the project.
(4)
If the developer or owner fails to properly operate and maintain
stormwater management and erosion control facilities, the Village
of Greenwood Lake may draw upon the account to cover the costs of
proper operation and maintenance.
A.
Nuisance. Any development activity that is commenced without prior
approval of a stormwater management and erosions control plan or is
conducted contrary to an approved stormwater management and erosions
control plan or is commenced without first installing and implementing
erosion control measures and devices at the direction of, and after
inspection by, and upon the written approval of the Building Inspector
or Code Enforcement Officer, as required by this chapter, may be restrained
by injunction or otherwise abated in a manner provided by law.
B.
Civil and criminal penalties. Any and every violation of the provisions of this chapter and failure to comply with an order to remedy violation after service thereof pursuant to Subsection D hereof shall constitute disorderly conduct and the owner, agent and/or contractor, lessee or tenant of any structure, premises, lot or land, or any portion thereof, where any violation of the provisions of this chapter exists or was caused to exist shall be a disorderly person, punishable in accordance with the provisions of the Penal Law of the State of New York. In addition to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be punished by a fine of not less than $250 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.[1]
C.
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 Greenwood Lake may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
D.
Notice of order to remedy violation.
(1)
When the Village of Greenwood Lake determines that developmental
activity is not being carried out in accordance with the requirements
of this chapter, it shall issue a written order to remedy violation
to the owner of record of the property. The order to remedy violation
shall contain:
(a)
The name and address of the owner of record or applicant.
(b)
The street 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 actions necessary to bring the
development activity into compliance with this chapter and a time
schedule for 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 order to remedy violation
is directed.
(f)
A statement that the determination of violation may be appealed
to the Village of Greenwood Lake by filing a written notice of appeal
within 15 days of service of an order to remedy violation.
(2)
The order to remedy violation shall be served upon the person(s)
to whom it is directed either personally, in a manner provided for
personal services of process pursuant to the New York State Civil
Practice Law and Rules, or by mailing a copy of the order to remedy
violation by certified mail, postage prepaid, return receipt requested,
to such person at his or her last known address.
(3)
An order to remedy violation issued pursuant to this section constitutes
a determination from which an administrative appeal may be taken to
the Village of Greenwood Lake.
Any person aggrieved by the action of any official charged with
the administration and/or enforcement of this chapter, as the result
of disapproval of a stormwater management and erosions control plan,
issuance of a written order to remedy violation or an alleged failure
to properly enforce this chapter in regard to a specific application
shall have the right to appeal the action to the Village of Greenwood
Like.
A.
The Village of Greenwood Lake Zoning Board of Appeals, as established
by the Village of Greenwood Lake Board of Trustees, shall hear and
decide appeals when it is alleged that there is an error in any requirement,
decision or determination made by the Planning Board, Building Inspector
or Code Enforcement Officer in the enforcement or administration of
this chapter.
B.
The appeal shall be filed in writing within 20 days of the date of the official transmittal of the final decision or determination to the applicant, shall state clearly the grounds upon which the appeal is based and shall be processed in the manner prescribed for hearing administrative appeals as set forth in Chapter 120, Zoning, of the Code of the Village of Greenwood Lake.
C.
Those aggrieved by the decision of the Village of Greenwood Lake
Zoning Board of Appeals may appeal such decision to the Supreme Court
pursuant to Article 78 of the Civil Practice Law and Rules.
The Zoning Board of Appeals may grant a written variance from
any requirement of this chapter using the following criteria:
A.
There are special circumstances applicable to the subject property
or its intended use; and
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the health, safety and welfare of the citizens of the Village of
Greenwood Lake, as well as the general public. Whenever the requirements
of this chapter are at a variance with the requirements of any other
lawfully adopted rules, regulations or local laws, the most restrictive,
or that which imposes the higher standards, shall govern.
