Village of Walden, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 9.
Planning Board — See Ch. 67.
Clearing, filling and grading — See Ch. 128.
Land development fees — See Ch. 135, Art. I.
Flood damage prevention — See Ch. 149.
Performance and maintenance bonds — See Ch. 209.
Sewers — See Ch. 234.
Obstructions and encroachments, openings in streets and sidewalks — See Ch. 256, Arts. I, IV.
Subdivision of land — See Ch. 260.
Zoning — See Ch. 305.
Article I Illicit Discharges, Activities and Connections to Separate Storm Sewer System

§ 252-1 Legislative intent.

§ 252-2 Definitions.

§ 252-3 Applicability.

§ 252-4 Responsibility for administration.

§ 252-5 Discharge prohibitions.

§ 252-6 Prohibition against failing individual sewage treatment systems.

§ 252-7 Prohibition against activities contaminating stormwater.

§ 252-8 Requirement to prevent, control, and reduce stormwater pollutants by use of best management practices.

§ 252-9 Suspension of access to MS4.

§ 252-10 Industrial or construction activity discharges.

§ 252-11 Access and monitoring of discharges.

§ 252-12 Notification of spills.

§ 252-13 Enforcement.

§ 252-14 Appeal of notice of violation.

§ 252-15 Corrective measures after appeal.

§ 252-16 Injunctive relief.

§ 252-17 Alternative remedies.

§ 252-18 Remedies not exclusive.

Article II Stormwater Management and Erosion and Sediment Control

§ 252-19 Legislative intent.

§ 252-20 Definitions.

§ 252-21 Regulated activities.

§ 252-22 Exemptions.

§ 252-23 Erosion control permits with site plan or subdivision approval.

§ 252-24 Application.

§ 252-25 Review standards.

§ 252-26 Additional costs and expenses.

§ 252-27 Performance standards.

§ 252-28 Technical standards.

§ 252-29 Erosion and sediment control plan requirements.

§ 252-30 Stormwater pollution prevention plan requirements.

§ 252-31 Maintenance during construction.

§ 252-32 Maintenance easement.

§ 252-33 Maintenance after construction.

§ 252-34 Maintenance agreements.

§ 252-35 Notations.

§ 252-36 Permit standards.

§ 252-37 Redevelopment.

§ 252-38 Contractor certification.

§ 252-39 Erosion and sediment control inspection.

§ 252-40 Stormwater management practice inspections.

§ 252-41 Inspection of stormwater facilities after project completion.

§ 252-42 Submission of reports.

§ 252-43 Maintenance guaranty.

§ 252-44 Performance guaranty.

§ 252-45 Waiver of requirements.

§ 252-46 Damage due to violation; penalties for offenses.

§ 252-47 Conflict with other provisions.

§ 252-48 Appeals.

[Adopted 11-13-2007 by L.L. No. 7-2007]

§ 252-1 Legislative intent.

The purpose of this article is to provide for the health, safety and general welfare of the citizens of the Village of Walden through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES general permit for municipal separate storm sewer systems. The objectives of this article are:
A. 
To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. 
To prohibit illicit connections, activities and discharges to the MS4;
D. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.

§ 252-2 Definitions.

Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
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.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITIES
Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL
A New York State licensed professional engineer or licensed architect.
HAZARDOUS MATERIALS
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.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 252-5 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households or a private, commercial or institutional facility that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned or operated by the Village of Walden and designed or used for collecting or conveying stormwater and which is not a combined sewer and which is not part of a publicly owned treatment works (POTW), as defined at 40 CFR 122.2.
MUNICIPALITY
The Village of Walden.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON
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.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal or agricultural waste and ballast discharged into water which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
A. 
Discharge compliance with water quality standards. The condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 
303(d) Listed waters. The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
C. 
Total maximum daily load (TMDL) strategy. The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. 
The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under this condition, the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER
The Building Inspector, the Municipal Engineer or other employee designated by the Village Manager to enforce this article. The Stormwater Management Officer may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect stormwater management practices.
303(d) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants, and is or will be discarded.

§ 252-3 Applicability.

This article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.

§ 252-4 Responsibility for administration.

The Stormwater Management Officer(s) shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the Stormwater Management Officer as may be authorized by the municipality.

§ 252-5 Discharge prohibitions.

A. 
No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the municipality has determined them to be substantial contributors of pollutants: waterline flushing or other potable water sources; landscape irrigation or lawn watering; existing diverted stream flows; rising groundwater; uncontaminated groundwater infiltration to storm drains; uncontaminated pumped groundwater; foundation or footing drains, crawl space or basement sump pumps; air-conditioning condensate; irrigation water; springs; water from individual residential car washing; natural riparian habitat or wetland flows; dechlorinated swimming pool discharges; residential street wash water; water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) 
Discharges approved in writing by the Stormwater Management Officer to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the Stormwater Management Officer may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge but requires a verbal notification to the Stormwater Management Officer prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 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 municipality's MS4 or allows such a connection to continue.

§ 252-6 Prohibition against failing individual sewage treatment systems.

No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A failing individual sewage treatment system is one that has one or more of the following conditions:
A. 
The backup of sewage into a structure.
B. 
Discharges of treated or untreated sewage onto the ground surface.
C. 
A connection or connections to a separate stormwater sewer system.
D. 
Liquid level in the septic tank above the outlet invert.
E. 
Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
F. 
Contamination of off-site groundwater.

§ 252-7 Prohibition against activities contaminating stormwater.

A. 
Activities that are subject to the requirements of this section are those types of activities that cause or contribute to a violation of the municipality's MS4 SPDES permit or cause or contribute to the municipality being subject to the special conditions as defined in § 252-2 (Definitions) of this article.
B. 
Such activities include failing individual sewage treatment systems, as defined in § 252-6, improper management of pet waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization.

§ 252-8 Requirement to prevent, control, and reduce stormwater pollutants by use of best management practices.

A. 
Best management practices. Where the Stormwater Management Officer has identified illicit discharges, as defined in § 252-2, or activities contaminating stormwater, as defined in § 252-7, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1) 
The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
(2) 
Any person responsible for a property or premises which is or may be the source of an illicit discharge, as defined in § 252-2, or an activity contaminating stormwater, as defined in § 252-7, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3) 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
B. 
Individual sewage treatment systems. Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions, as defined in § 252-2 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1) 
Maintain and operate individual sewage treatment systems as follows:
(a) 
Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee;
(b) 
Avoid the use of septic tank additives;
(c) 
Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and
(d) 
Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items.
(2) 
Repair or replace individual sewage treatment systems as follows:
(a) 
In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b) 
A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves:
[1] 
Relocating or extending an absorption area to a location not previously approved for such.
[2] 
Installation of a new subsurface treatment system at the same location.
[3] 
Use of alternate system or innovative system design or technology.
(c) 
A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system.

§ 252-9 Suspension of access to MS4.

A. 
The Stormwater Management 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, to the health or welfare of persons, or to the MS4. The Stormwater Management Officer shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the Stormwater Management Officer may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. 
Any person discharging to the municipality's MS4 in violation of this article may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge. The Stormwater Management Officer will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the Stormwater Management Officer for a reconsideration and hearing. Access may be granted by the Stormwater Management Officer if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the Stormwater Management Officer determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the Stormwater Management Officer.

§ 252-10 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.

§ 252-11 Access and monitoring of discharges.

A. 
Applicability. This section applies to all facilities that the Stormwater Management Officer must inspect to enforce any provision of this article or whenever the authorized enforcement agency has cause to believe that there exists or potentially exists in or upon any premises any condition which constitutes a violation of this article.
B. 
Access to facilities.
(1) 
The Stormwater Management 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 that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Stormwater Management Officer.
(2) 
Facility operators shall allow the Stormwater Management Officer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
(3) 
The municipality shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the Stormwater Management Officer to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The municipality has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this article. If the Stormwater Management 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, then the Stormwater Management Officer may seek issuance of a search warrant from any court of competent jurisdiction.

§ 252-12 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

§ 252-13 Enforcement.

A. 
Notice of violation. When the municipality's Stormwater Management Officer finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) 
The elimination of illicit connections or discharges;
(2) 
That violating discharges, practices, or operations shall cease and desist;
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) 
The performance of monitoring, analyses, and reporting;
(5) 
Payment of a fine; and
(6) 
The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator.
B. 
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.

§ 252-14 Appeal of notice of violation.

Any person receiving a notice of violation may appeal the determination of the Stormwater Management Officer to the Village Board of Trustees within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Village Clerk and mail a copy of its decision by certified mail to the discharger.

§ 252-15 Corrective measures after appeal.

A. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within five business days of the decision of the Village Board of Trustees upholding the decision of the Stormwater Management Officer, then the Stormwater Management Officer shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the Stormwater Management Officer may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property and to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.

§ 252-16 Injunctive relief.

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 Stormwater Management Officer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation

§ 252-17 Alternative remedies.

A. 
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of previous violations of this article.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy the violation.
(5) 
The violator cooperated in the investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, stream or creek cleanup activities.

§ 252-18 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
[Adopted 11-27-2007 by L.L. No. 8-2007]

§ 252-19 Legislative intent.

A. 
The Village of Walden finds that land development activities, associated increases in site impervious cover, disturbances to the natural vegetative cover, and changes to the topography of the land can often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. These changes to the hydrology of the watershed can cause an increase in flooding, stream bank erosion, impairment to aquatic resources from silt or other pollutants, degradation of water quality and a loss of wildlife habitat. Land development activities can also cause unchecked erosion, sediment transport and deposition that can impair aquatic resources, clog drainageways and cause increased flooding. The potential impairment of the Village's natural resources caused by unchecked erosion, sedimentation and increased stormwater runoff results in a significant economic and social loss to the community. It is the purpose of this article to protect the public health, safety and welfare in the Village of Walden and its aquatic resources by establishing minimum requirements for stormwater management, preventing erosion and controlling sedimentation for activities which cause changes to the watershed hydrology and may increase erosion and sediment transport, including but not limited to construction activities, land alterations including excavation, filling, grading, land stripping and tree clearing, and increases in the rate of stormwater runoff.
B. 
Regulating land development activities by means of performance standards governing stormwater management, erosion and sediment control 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 stormwater runoff from changes in the natural conditions due to development. It will also protect the Village and other governmental bodies from the additional expense of having to undertake, as a public obligation, increased maintenance of stormwater management practices, programs of repairing roads and other public facilities, of providing flood protection facilities and of compensating private property owners for the destruction of properties arising from the adverse effects of site preparation and construction.
C. 
To accomplish the aforementioned purpose, the Board of Trustees of the Village of Walden has promulgated these standards and regulations, which seek to achieve the following objectives:
(1) 
Minimize increases in peak rate of stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
(2) 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
(3) 
Minimize the total volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable in order to minimize the economic impact of installation, operation and maintenance of drainage facilities;
(4) 
Reduce soil erosion and sediment transport, wherever possible, through appropriate structural and nonstructural best management practices (BMPs), and to ensure that these management practices are properly maintained to eliminate threats to public safety.
(5) 
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised; and
(6) 
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-02-01, or as amended or revised.

§ 252-20 Definitions.

As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL ACTIVITY
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.
APPLICANT
A property owner or agent of a property owner who has filed an application for land development.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
CLEAR-CUTTING
The removal of trees over eight inches in diameter measured at four feet above ground level and includes the stripping of soil.
CLEARING
Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT
Where multiple construction activities are occurring, or will occur, whether in stages or phases on a contiguous area.
DAY
A calendar day.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
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.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff or overland surface flow.
EROSION
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
EXCAVATION
Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits.
FARM OPERATIONS
All activities and practices which contribute to the growing or raising of crops, livestock and livestock products as a commercial enterprise, including a commercial horse-boarding operation.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds, wetlands or watercourses.
FINAL STABILIZATION
When all soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches, riprap or geotextiles) have been employed on all areas not permanently improved by pavement, concrete or structures.
GRADING
The alteration or reshaping of the surface or subsurface conditions of land, lakes, ponds, wetlands or watercourses by excavation or filling.
IMPERVIOUS SURFACE OR COVER
Those surfaces in the urban landscape which do not have a permanent vegetative cover and/or cannot effectively infiltrate rainfall, including but not limited to building rooftops, pavement, sidewalks, driveways and roads with a surface of compacted dirt or gravel, asphalt or concrete, decks and swimming pools.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance. Regulated land disturbance are activities as defined in § 252-21 of this article.
MULCHING
The application of a layer of organic material such as wood chips, hay, pine bark or other material at a sufficient thickness for the purpose of effectively controlling erosion.
PARCEL
A designated lot, tract or area of land to be used, disturbed, developed or built upon as a unit.
REDEVELOPMENT
The reconstruction or modification to any existing, previously developed land, regardless of use, which involves disturbance to soil or its existing overlying cover.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin by erosion.
SITE PREPARATION
The activities of stripping, excavation, filling and grading, no matter what the purpose of these activities.
SOIL
All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES, GP-02-01
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS, GP-02-02
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.
STORMWATER MANAGEMENT OFFICER
The Building Inspector, Municipal Engineer or other employee designated by the Village Manager to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect stormwater management practices.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STRIPPING
Any activity which removes or significantly disturbs trees, brush, grass or any other kind of vegetation.
SURFACE WATERS OF THE STATE OF NEW YORK
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), that are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons that 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.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and bank, and any area adjacent thereto subject to inundation by reason of overflow, flood or stormwater. For the purpose of this article, the term "watercourse" shall be deemed to include ponds and lakes.
WETLANDS
Shall mean those wetlands as regulated by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers.

§ 252-21 Regulated activities.

A. 
None of the following activities shall be commenced until a land development permit has been issued under the provisions of this article.
(1) 
Clearing, filling, and grading as defined in Chapter 116.
(2) 
A subdivision of a parcel into two or more lots.
(3) 
Any activity requiring approval of a site plan by the Planning Board.
B. 
Notwithstanding the requirement that certain activities obtain a permit under this section, or any exemption therefrom, any filling, grading, excavation or any other activity that disturbs the natural vegetative cover shall not cause or contribute to an impairment of aquatic resources, a degradation of water quality, or otherwise harm the natural resources of the Village of Walden as described in § 252-27, below, and in all cases shall utilize appropriate erosion control measures in accordance with the New York Standards and Specifications for Erosion and Sediment Control.
C. 
Any temporary or permanent alteration of the land surface associated with the following, including but not limited to removal of 50% of the vegetative cover, grading or filling, or any of the activities provided in Subsection A, shall be deemed to be a "major land development" activity: commercial development projects disturbing 0.25 or more acres, modifications to existing commercial projects which increase impervious surfaces by 20%, residential projects disturbing an acre or more, residential projects creating five or more lots, residential subdivisions adjacent to a wetland or watercourse. Smaller disturbances which are part of a common plan of development equal to or greater than one acre shall also be considered a major land development activity.
(1) 
All major land development activities shall prepare a stormwater pollution prevention plan which shall include means and measures for control of stormwater quality and quantity and soil erosion and sedimentation.
(2) 
Any activity that shall be deemed to be a major land development activity shall obtain a permit from the Stormwater Management Officer, excepting as provided in § 252-23 below.
D. 
All other activities described in Subsection A above shall be considered a "minor land development" activity, including, but not limited to, any temporary or permanent alteration of the land surface involving the removal of 50% of the vegetative cover, grading or filling, and any activities which do not exceed the requirements in Subsection C above but fall within the following: commercial development projects disturbing between 5,000 square feet to 0.25 acres and residential subdivisions creating less than five lots, provided they disturb less than an acre and are not adjacent to a wetland or water source.
(1) 
Any activity that shall be deemed a minor land development activity, as defined herein, shall prepare an erosion and sediment control plan which meets the requirements contained herein.
(2) 
Any activity that shall be deemed to be a minor land development activity shall obtain a permit from the Stormwater Management Officer, excepting as provided in § 252-23 below.

§ 252-22 Exemptions.

The following activities are exempt from obtaining a permit pursuant to this article; however, such activities shall not be conducted in a manner that causes or results in soil erosion, sedimentation or a visible change in the quality of runoff as set forth in § 252-27 below.
A. 
Excavations for the basements and footings of single-family houses and for septic tank systems, wells and swimming pools attendant to single-family homes, excepting where those excavations are proposed in such locations as described under § 252-21A(1) and (2) above. The area of excavation set forth herein shall be included in calculating the total amount of site disturbance for the purposes of compliance with § 252-21C and D above.
B. 
Farm operations, as defined by Article 25-AA of the Agriculture and Markets Law.
C. 
Cemetery graves.
D. 
Activities of an individual engaging in home gardening by growing flowers, vegetables or other plants primarily for use by that person and his or her family.
E. 
Landscaping and horticultural activities in connection with an existing structure that result in less than 11,000 square feet in aggregate of disturbance.
F. 
Emergency activities immediately necessary to protect life, property or natural resources.
G. 
Governmental activities, but only to the extent that such activities are exempted from the provisions of this article or are otherwise exempt pursuant to state law.
H. 
Repairs to stormwater management facilities authorized by the Stormwater Management Officer.

§ 252-23 Erosion control permits with site plan or subdivision approval.

A site plan approved pursuant to § 305-60 or a subdivision plat approved pursuant to Chapter 260 of the Code of the Village of Walden which also includes a separate erosion and sediment control plan meeting the requirements of this article, approved by the Planning Board, shall constitute an erosion and sediment control permit approved under this article.

§ 252-24 Application.

Where a major or minor land development permit is required pursuant to § 252-21C or D, an application shall be submitted to the Stormwater Management Officer which includes the following:
A. 
Eight copies of a land development application form.
B. 
An application fee, as set from time to time by resolution of the Village Board. The fee shall be deemed a reasonable sum to cover the costs of administration and shall in no part be returnable to the applicant(s).
C. 
Eight copies of an erosion and sediment control plan or a stormwater pollution prevention plan, or both, as may be required herein. Maps and plans accompanying the application shall be prepared by an individual authorized by the State of New York to prepare such plans, which may include an architect, engineer or landscape architect licensed by the State of New York or a certified professional in erosion and sediment control.
D. 
An Environmental Assessment Form (EAF) pursuant to SEQRA prepared and submitted by the applicant, unless the application concerns a site plan or subdivision project already before the Planning Board for which a SEQRA declaration has already been made.

§ 252-25 Review standards.

A. 
Within 30 days of the receipt of an application or any plans or material in support thereof, the Stormwater Management Officer shall notify the applicant if the application is determined to be complete or if additional information is required.
B. 
The Stormwater Management Officer shall approve, with or without modifications, or deny all permits within 30 days of the date of determining that the application is complete, unless the applicant consents, in writing, to a time extension.
C. 
Prior to granting a permit, the Stormwater Management Officer shall determine that the request is in harmony with the purpose and standards set forth in this chapter.
D. 
In granting a permit, the Stormwater Management Officer may fix a reasonable time limit for the termination of the permit and may attach any conditions which he deems necessary to assure compliance with the provisions of this article. Any permit issued for a major or minor land disturbance shall not exceed one year in duration. The performance guaranty so specified under § 252-44 shall be posted before any permits may be granted or site work commenced.
E. 
Modifications of the terms of an approved permit shall follow the same application, review and approval procedures as those set forth in this section for the original permit.
F. 
It shall be the responsibility of the Stormwater Management Officer to inspect any sites for which a permit has been issued under this article as frequently as necessary to assure compliance with the terms and conditions of the approved permit and the provisions of this article and to submit written notification of any violations of these terms or provisions of the permit to the property owner to which the permit has been issued.
G. 
If at any time during the effective period of a permit issued by the Stormwater Management Officer the terms of the permit are violated, or if the permit expires prior to the completion of the work, the Stormwater Management Officer may revoke the permit and thereafter recommend to the Village Board that the performance guaranty be forfeited to the Village. If the applicant becomes unable to complete the project or any phase thereof within the specified time, he shall, within 30 days prior to the specified date of completion, present in writing a request for an extension of time, setting forth therein the reasons for the request. If, in the discretion of the Stormwater Management Officer, such an extension is warranted, the Stormwater Management Officer may grant additional time for the completion of the work.
H. 
The Stormwater Management Officer is authorized to consult with and obtain recommendations from the Village Planning Board and/or its Chairman, the Village Engineer, the Village Department of Public Works Superintendent, the Orange County Soil and Water Conservation District, and the New York State Department of Environmental Conservation.

§ 252-26 Additional costs and expenses.

In the event that an application requires the Village to incur additional expenses for technical assistance in the review of an application, the applicant shall pay the reasonable expenses incurred by the Village. The applicant shall be notified of the expenses and shall deposit said funds in escrow as necessary to cover the costs being incurred.

§ 252-27 Performance standards.

Upon the approval of this article by the Village Board, all land development activities regulated under this article shall be in conformance with the provisions set forth herein. It shall be a violation of this article or for any permit issued thereof to either cause or contribute to an impairment of aquatic resources, a degradation of water quality, or to otherwise harm the natural resources of the Village of Walden. More specifically:
A. 
There shall be no increase in turbidity that will cause a substantial visible contrast to natural conditions of surface water.
B. 
There shall be no increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best usages.
C. 
There shall be no residue from oil and floating substances, or visible oil film, or globules of grease.
D. 
No uncontrolled sedimentation shall occur from any land disturbance which;
(1) 
Is not properly managed by appropriate erosion and sediment control practices.
(2) 
Causes or may potentially cause an impairment to water quality.
E. 
There shall no increase in the peak rate of runoff which causes an impairment to any stream, channel or drainage structure.

§ 252-28 Technical standards.

The following technical standards shall be used in the design and installation of all erosion control, sediment control and stormwater practices designed or installed under this article:
A. 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society), 2004, or the most current version or its successor (also referred to as the "Erosion Control Manual").
B. 
New York State Stormwater Design Manual, latest edition (New York State Department of Environmental Conservation).
C. 
Urban Hydrology for Small Watersheds (TR55) (USDA Natural Resource Conservation Service).
D. 
Soil Survey of Orange County, New York (USDA Soil Conservation Service).

§ 252-29 Erosion and sediment control plan requirements.

An erosion and sediment control plan shall be prepared in accordance with the technical standards provided for herein and at a minimum shall include the following information.
A. 
Existing features map(s), at a scale no smaller than one inch equals 50 feet, indicating:
(1) 
The boundaries of all parcels on which site preparation activities are proposed to be undertaken.
(2) 
All public improvements within a distance of 200 feet of the parcel on which site preparation activities are proposed to be undertaken, the structures identified by their uses and capacities, and the roads identified by their surface material and width of surface.
(3) 
All wetlands, greater than 4,000 square feet in size and any watercourses located either on the site or within a distance of 100 feet of the parcels on which site preparation activities are proposed to be undertaken.
(4) 
Existing topography at contour intervals of two feet referenced to USGS datum.
(5) 
All sewer, water, gas and electric lines and all other utilities within the parcels on which site preparation activities are proposed to be undertaken.
(6) 
The location and description of all vegetation located within the area of proposed disturbance and including the area within 100 feet of the disturbance.
(7) 
The depth to bedrock on the site proposed for site preparation activities.
(8) 
The depth to permanent groundwater aquifers on the site proposed for site preparation activities.
(9) 
The boundary of the one-hundred-year floodplain, together with wetland boundaries.
B. 
Drainage computations to evaluate the peak rates and volumes of runoff for the site in its predeveloped and post-developed conditions may be required.
C. 
Development standards. All development plans, specifications and timing schedules, including extensions of previously approved plans, shall comply with the technical standards identified herein and shall be designed for "newly graded" or "during construction" conditions. In the event of conflict with this article, the requirements that to the greater extent will serve to minimize erosion shall apply.
D. 
Site plan. A site plan shall be prepared, at a scale no smaller than one inch equals 50 feet, which shows the proposed developed conditions for the site and the proposed erosion and sediment control measures including:
(1) 
The location of all excavation, filling and grading proposed to be undertaken, identified as to the depth, volume and nature of the materials involved.
(2) 
The location of all soil stripping or tree cutting, identified as to the nature of vegetation affected.
(3) 
All areas where topsoil is to be removed, stockpiled and ultimately placed.
(4) 
All temporary and permanent vegetation to be placed on the site, identified as to plant type, size, quantity, location, seed mixture and rate of application, as appropriate.
(5) 
The type, location and application rate of all mulch.
(6) 
All temporary and permanent drainage, erosion and sediment control practices, including such practices as stormwater ponds and temporary sediment basins, identified as to the type of facility, the materials from which it is constructed, its specifications or manufacturer product identification number, its dimensions and its capacity.
(7) 
The anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage systems.
(8) 
The location of all roads, driveways, sidewalks, structures, utilities and other improvements, including the finished grade of any proposed structures.
(9) 
The final contours of the areas of the site affected by an action requiring a permit in intervals of no greater than two feet.
E. 
Supporting calculations to demonstrate the suitability of erosion and sediment control measures.
F. 
A construction schedule which is keyed to the site plan, indicating:
(1) 
When major phases of the proposed project are to be initiated and completed.
(2) 
When major site preparation activities are to be initiated and completed.
(3) 
When the installation of temporary and permanent vegetation and drainage, erosion and sediment control facilities are to be completed.
(4) 
The anticipated duration, in days, of exposure of all major areas of site preparation before the installation of erosion and sediment control measures.
G. 
An estimate of the costs of providing temporary and permanent vegetation and drainage, erosion and sediment control facilities prepared by a qualified individual as contained herein.

§ 252-30 Stormwater pollution prevention plan requirements.

A. 
When required pursuant to this article, a stormwater pollution prevention plan shall be prepared in accordance with the New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activities (Permit No. GP-02-01), using the technical standards identified herein, and at a minimum shall include the following information:
(1) 
Background information about the scope of the project, including location, type and size of project.
(2) 
Site map/construction drawing(s) for the project at a scale no smaller than one inch equals 50 feet. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final grades at two-foot contours; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s).
(3) 
A location map at a scale of not less than one inch equals 2,000 feet.
(4) 
Description of the soil(s) present at the site.
(5) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SPPP.
(6) 
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.
(7) 
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.
(8) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout.
(9) 
Site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(10) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the location and sizing of any temporary sediment basins or traps.
(11) 
Temporary practices that will be converted to permanent control measures.
(12) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.
(13) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(14) 
Name(s) of the receiving water(s).
(15) 
Delineation of SPPP implementation responsibilities for each part of the site
(16) 
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 reasonably attainable.
(17) 
Any existing data that describes the stormwater runoff at the site.
(18) 
Description of each post-construction stormwater management practice.
(19) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(20) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(21) 
Comparison of post-development stormwater runoff conditions with predevelopment conditions.
(22) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(23) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(24) 
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 and, where required by law, shall be filed with the Village and/or County Clerk.
(25) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures.
B. 
The SPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control (CPESC) or licensed 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 if this article.
C. 
Each contractor and subcontractor identified in the SPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
D. 
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.
E. 
The certification statement(s) shall become part of the SPPP for the land development activity, a copy of which shall be filed with the Walden Planning Department.
F. 
A copy of the SPPP 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.

§ 252-31 Maintenance during construction.

A. 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment basins whenever their design capacity has been reduced by 50%.
B. 
The applicant or developer or its representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 or more inches of precipitation. The reports shall be delivered to the Walden Planning Department and also copied to the site log book.

§ 252-32 Maintenance easement.

Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Walden to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Village Attorney of the Village of Walden.

§ 252-33 Maintenance after construction.

A. 
The owner or operator of permanent stormwater management facilities installed in accordance with this article shall operate and maintain the stormwater management facilities 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.
B. 
Discharges from stormwater management facilities shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 252-28.

§ 252-34 Maintenance agreements.

As a condition of the approval of a land development permit, the Stormwater Management Officer may require that a maintenance agreement for the future operation and maintenance of one or more of the stormwater management facilities proposed for the site, in a form acceptable to the Village Attorney and binding on all subsequent landowners, be executed and recorded in the office of the County Clerk as a deed restriction on the property.

§ 252-35 Notations.

The following notations are to be included on all subdivision and site plan erosion and sediment control plans and may be required on erosion and sediment control plans prepared for major and minor land development permits:
A. 
Road and drainage improvements.
(1) 
All topsoil to be stripped from the area being developed shall be stockpiled not less than 200 feet from any body of surface water and shall be immediately seeded with rye grass mixture with a quick germination time.
(2) 
On all embankment fill slopes, topsoil shall be stripped at least five feet wider than required for the embankment toe of slope. All fill slopes shall be immediately stabilized using appropriate techniques which meet the design criteria described in the New York Standards and Specifications for Erosion and Sediment Control.
(3) 
Erosion and sediment control measures, including but not limited to silt fencing, sediment traps, and check dams, shall also be employed where necessary for supplementary erosion control measures.
(4) 
All cut slopes and embankment fills are to be immediately laid back and stabilized using appropriate techniques which meet the design criteria described in the New York Standards and Specifications for Erosion and Sediment Control, which may include the following:
(a) 
Grade to finished slopes.
(b) 
Scarified.
(c) 
Topsoiled with not less than four inches of suitable topsoil material.
(d) 
Seeded with perennial rye grass. Seed shall be applied at the rate of not less than five pounds per 1,000 square feet.
(e) 
Mulched with not less than one inch and not more than three inches of straw (two tons per acre) and anchored in a suitable manner.
(5) 
Temporary on-site sedimentation basins for the immediate control of erosion and sediment transport are to be provided when and where required or ordered. The length, width and depth of such basins are to be determined in the field in accordance with the New York Standards and Specifications for Erosion and Sediment Control.
(6) 
All erosion control structures are to be maintained in proper functioning order and are to be replaced or repaired as necessary.
B. 
General.
(1) 
Construction equipment shall not unnecessarily cross live streams except by means of bridges and culverts or other approved methods.
(2) 
Wherever feasible, natural vegetation should be retained and protected.
(3) 
Only the smallest practical area of land should be exposed at any one time during development.
(4) 
Erosion control requirements shall include surface stabilization measures applied as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased. From November 1 through March 31, any disturbed area must be stabilized using a heavy mulch layer, a rolled erosion control product or another method that does not require seed germination to control erosion.
(5) 
The permanent final vegetation and structures shall be installed as soon as practical and as may be directed by the Stormwater Management Officer or Village Engineer.
(6) 
All erosion control measures employed during construction shall comply with the standards found in New York Standards and Specifications for Erosion and Sediment Control, latest edition.
(7) 
Phasing shall be required on all sites disturbing greater than five acres, with the size of each phase to be established by the Planning Board or Stormwater Management Officer.

§ 252-36 Permit standards.

The standards and requirements contained herein shall be applied in reviewing and approving all permits pursuant to this article.
A. 
An erosion and sediment control plan shall seek to return the quality of the stormwater leaving the site to its predisturbance condition to the maximum extent practicable.
B. 
Excavation, filling, grading and stripping shall be permitted to be undertaken only in such locations and in such a manner as to minimize the potential of erosion and sediment and the threat to the health, safety and welfare of neighboring property owners and the general public. Alterations of grade or disturbances to the natural vegetative cover on slopes greater than 30% shall be avoided.
C. 
Site preparation and construction shall be fitted to the vegetation, topography and other natural features of the site and shall preserve as many of these features as feasible.
D. 
The control of erosion and sediment shall be a continuous process undertaken as necessary prior to, during and after site preparation and construction.
E. 
The smallest practical area of land shall be exposed by site preparation at any given time.
F. 
Mulching or temporary vegetation suitable to the site shall be used where necessary to protect areas exposed by site preparation, and permanent vegetation which is well adapted to the site shall be installed as soon as practical.
G. 
Where slopes that have been exposed or regraded during site preparation are to be revegetated, the slopes shall not be of such steepness that vegetation cannot be readily established or that problems of erosion or sediment may result.
H. 
Site preparation and construction shall not cause a permanent adverse effect on the free flow of water by encroaching on, blocking or restricting watercourses.
I. 
All fill material shall be of a composition suitable for the ultimate use of the fill, free of rubbish and brush, stumps, tree debris, rocks, frozen material and soft or easily compressible material.
J. 
Fill material shall be compacted sufficiently to prevent problems of erosion, and where the material is to support structures, it shall be compacted to a minimum density of 90% of modified proctor with proper moisture control.
K. 
All topsoil that is excavated from a site shall be stockpiled and used for the restoration of the site, and such stockpiles, where necessary, shall be seeded or otherwise treated to minimize the effects of erosion. Topsoil is not to be removed or sold from the site unless restoration has been completed.
L. 
Prior to, during and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability and adverse effect on neighboring property owners.
M. 
The natural drainage system shall generally be preserved in preference to modifications of this system, excepting where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring property owners.
N. 
All drainage systems shall be designed to handle adequately the anticipated flows, both within the site and from the entire upstream drainage basin, so as to achieve no net increase in peak rate of runoff from the site.
O. 
Sufficient grades and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed by the approved site plan, in which event there shall be sufficient water flow to maintain proposed water levels and to avoid stagnation.
P. 
There shall be provided, where necessary to minimize erosion and sediment, such measures as benches, berms, terraces, diversions, temporary sediment basins and retention basins. During the course of construction, where the Stormwater Management Officer or Village Engineer determines that additional erosion control measures are needed, they shall be provided by the project owner at no cost to the Village of Walden.
Q. 
Drainage systems, plantings and other erosion or sediment control devices shall be maintained as frequently as necessary to provide adequate protection against erosion and sediment and to ensure that the free flow of water is not obstructed by the accumulation of silt, debris or other material or by structural damage.
R. 
Wherever possible, clean water shall be diverted around any areas of disturbance.
S. 
For any proposed grades planned to have a slope greater than 3H:1V, the design engineer shall provide calculations documenting that the slope will be stable as designed. Slope stability should be demonstrated by two-dimensional limiting equilibrium methods such as the Bishop Simplified Method. Further, the analysis should include an evaluation of seasonal high groundwater conditions, including subsurface investigations if deemed necessary, to assure that the slope will remain stable in "worst case" conditions.
T. 
The exposure of an area by site preparation shall be kept to the shortest practical period of time prior to the construction of structures or improvements or the restoration of the exposed areas to an attractive natural condition. The developer shall initiate stabilization measures as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased; except where the initiation of stabilization measures by the seventh day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable.

§ 252-37 Redevelopment.

A. 
The redevelopment of a site shall comply with the technical standards contained herein for water quality for the entire site, including the area proposed for redevelopment, except as noted in Subsection C below.
B. 
The redevelopment of a site shall comply with the technical standards contained herein for water quantity for any increase in the volume or rate of runoff due to the redevelopment, except as noted in Subsection C below.
C. 
A deviation from the technical and performance standards contained in this article may be permitted where an owner or developer proposing to redevelop a site demonstrates that proper sizing and installation of acceptable stormwater management practices is not feasible due to inadequate space, head or other physical constraints of the site, and that the proposed change will not cause or contribute to a significant adverse change in any water resource within that drainage basin. Inadequate space in which to locate stormwater management practices caused directly by the size or location of the proposed redevelopment shall not be considered acceptable justification to permit a deviation from the standards.

§ 252-38 Contractor certification.

A copy of all notices of intent and all contractors' certifications required pursuant to the New York State General Permit for Stormwater Discharges from Construction Activity, Permit No. GP-02-01, for all land disturbances, development or redevelopment located within the Village of Walden shall also be filed with the Walden Planning Board.

§ 252-39 Erosion and sediment control inspection.

A. 
The Village of Walden 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 Walden Enforcement Official at least 48 hours before any of the following, as required by the Stormwater Management Officer:
(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 the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

§ 252-40 Stormwater management practice inspections.

The Village of Walden Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as-built" plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

§ 252-41 Inspection of stormwater facilities after project completion.

Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

§ 252-42 Submission of reports.

The Village of Walden Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.

§ 252-43 Maintenance guaranty.

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 Walden 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 Walden may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

§ 252-44 Performance guaranty.

A. 
After the approval of the application and before the issuance of any permit, the applicant shall, when so required, file with the Village Board, as surety for the amount of the estimated cost of the project, one of the following performance guaranties:
(1) 
A joint savings account in both the name of the Village of Walden and the property owner, along with a withdrawal slip endorsed by the property owner.
(2) 
A performance bond which shall be satisfactory to the Village Board and Village Attorney as to form, sufficiency, manner of execution, surety and period of execution.
(3) 
An irrevocable letter of credit from a bank, which letter of credit shall be approved by the Village Board and Village Attorney.
B. 
The Stormwater Management Officer in approving an application submitted under § 252-21 or the Village Planning Board, whichever shall retain jurisdiction of the application, may grant a waiver of such guaranty if it deems the proposed activities to be of minor scope and to be in full compliance with the intent of this article.
C. 
The party or parties filing the performance guaranties shall certify that either upon termination of the permit or the operation, whichever may come first, the project shall be in conformity with both the approved specific requirements of the permit and the provisions of this article. In the event of default of such and violation of any other applicable laws, such performance guaranty shall be forfeited to the Village. The Village shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Village as a result of the applicant's default. Such performance guaranty shall continue in full force and effect until a certificate of compliance shall have been issued by the Stormwater Management Officer after such consultation with any agencies or individuals as he deems necessary to insure that all provisions of this article and of the permit have been met.

§ 252-45 Waiver of requirements.

Where one or more of the requirements contained herein are not requisite in the interest of health, safety or general welfare or will provide information extraneous to the issuance of a permit, then one or more of the requirements may be waived by either the Planning Board or the Stormwater Management Officer, whichever shall have original jurisdiction.

§ 252-46 Damage due to violation; penalties for offenses.

A. 
If there is any damage due to violation of this article, or if there is any damage to adjacent properties, or if any soil, liquid or other material is caused to be deposited upon or to roll, flow or wash upon any public property, private property or right-of-way in violation of this article, the person, firm, partnership, corporation or other party responsible shall be notified and shall cause the same to be removed from such property or right-of-way within 36 hours of written notice. In the event of an incident which presents an immediate danger to the public health or safety, notice shall be given by the most expeditious means and the violation shall be immediately remedied by the party responsible for the incident or, at its discretion and when the responsible party fails to adequately remedy the incident in a reasonable time, the Village shall cause such remedy, and the cost of such remedy by the Village shall be paid to the Village by the party who failed to so remedy and shall be a debt owed to the Village.
B. 
Any person, firm or corporation, whether as owner, lessee, principal, agent, employee or otherwise, violating any of the provisions of this article shall be guilty of a violation, which shall be punishable by a fine of not less than $200 nor more than $350 or imprisonment for a period not to exceed six months, or both, for a conviction of the first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
C. 
Every day that a violation of any of the provisions of this chapter continues after written notice shall have been served upon the owner or his agent, either personally or by registered mail addressed to such person at his last known address, or after three days of having posted notice on the property on which the violation has occurred, shall constitute a separate violation.
D. 
The Stormwater Management Officer, in the administration of his duties contained herein, shall have the authority to issue stop-work orders and appearance tickets for violations of this article. The Code Enforcement Officer shall also have the authority to enforce the provisions of this article.

§ 252-47 Conflict with other provisions.

Where this article imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this article shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by this article, such greater restrictions shall control.

§ 252-48 Appeals.

Any person aggrieved by an order or decision issued pursuant to this article may seek review by the Walden Zoning Board of Appeals and then may seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules in the Supreme Court for the County of Orange. Such appeals shall be filed within 30 days after the date of a determination on the issuance of a permit, or in the case of a decision by the Planning Board, the filing of the particular order or decision with the Walden Village Clerk.