This article shall be applicable to all land development activities
within the Town of Chester outside the incorporated village unless
specifically exempted.
A.
The Town Highway Superintendent and the Town Engineer shall be the
Stormwater Management Officers for the Town and shall accept and review
all stormwater pollution prevention plans and submissions.
B.
Each application for land development shall be accompanied by a stormwater
management plan or statement of exemption which shall be certified
as conforming to the requirements of this section by a licensed professional
engineer.
C.
Applicants for any land development activities not subject to review as provided for herein or in the subdivision regulations, Chapter 83, of the Town of Chester shall be required to submit a stormwater pollution prevention plan (SWPPP) or statement of exemption to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this section.
D.
Applicants for any land development activity subject to Planning Board review in accordance with the subdivision regulations, Chapter 83, of the Town of Chester or the zoning law, Chapter 98, of the Town of Chester shall be required to submit a stormwater pollution prevention plan to the Planning Board, which shall direct it to the Stormwater Management Officer through the Town Planning Board Engineer for review, who shall approve the stormwater pollution prevention plan if it complies.
The following activities shall be exempt from review under this
article:
A.
Agricultural activity as defined in this section.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this article.
C.
Routine maintenance activities that disturb less than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Chester Planning Board on or before the effective
date of this article.
F.
Land development activities and site plans which have been approved
by the Town of Chester Planning Board or for which a building permit
has been approved on or before the effective date of this article.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
L.
Disturbance of less than one acre which is not part of a larger project.
No application for approval of a land development activity shall
be subject to public review until the appropriate board has received
a stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications in this article.
A.
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(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, including a general
location map, should show the total site area; all improvements; areas
of disturbance; areas that will not be disturbed; existing vegetation;
on-site and adjacent off-site surface water(s); wetlands and drainage
patterns that could be affected by the construction activity; existing
and final slopes; locations of off-site material, waste, borrow or
equipment storage areas; and location(s) of the stormwater discharges;
(3)
Description of the soil(s) present at the site;
(4)
A construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading,
utility and infrastructure installation and any other activity at
the site that results in soil disturbance; consistent with the New
York Standards and Specifications for Erosion and Sediment Control
(Erosion Control Manual), not more than five acres shall be disturbed
at any one time unless pursuant to an approved SWPPP;
(5)
Description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
(6)
Description of construction and waste materials expected to be stored
on site, with updates as appropriate, and a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(7)
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;
(8)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation details for
all erosion and sediment control practices, including the siting and
sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control
measures;
(11)
An 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;
(12)
A maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(15)
Description of structural practices designed to divert flows
from exposed soils, store flows or otherwise limit runoff and the
discharge of pollutants from overexposed areas of the site to the
degree attainable; and
(16)
Any existing data that describes the stormwater runoff of the
site.
B.
Land development activities as defined herein and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection C below, as applicable:
(1)
Condition A: stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(2)
Condition B: stormwater runoff from land development activities disturbing
five or more acres.
(3)
Condition C: stormwater runoff from land development activity disturbing
between one acre and five acres of land during the course of the project,
exclusive of the construction of single-family residences and construction
activities at agricultural properties.
C.
SWPPP requirements for Conditions A, B and C:
(2)
Description of each postconstruction stormwater management practice.
(3)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(4)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms.
(5)
Comparison of postdevelopment stormwater runoff conditions with predevelopment
conditions.
(6)
Dimensions, material specifications and installation details for
each postconstruction stormwater management practice.
(7)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(8)
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.
The SWPPP shall be prepared by a landscape architect or professional
engineer and must be signed by the professional preparing the plan,
who shall certify that the design of all stormwater management practices
meet the requirements in this article.
The applicant shall assure that all other applicable environmental
permits have been or will be acquired for the land development activity
prior to approval of the final stormwater design plan.
A.
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
B.
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
C.
The certification statement(s) shall become part of the SWPPP for
the development activity.
D.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this section, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this section.
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity shall not
cause turbidity that will result in substantial visible contrast to
natural conditions in surface waters of the State of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this section. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or his or her representative shall be
on site at all times when construction or grading activity is taking
place and shall inspect and document the effectiveness of all erosion
and sediment control practices. Inspection reports shall be completed
every seven days and within 24 hours of any storm event producing
0.5 inch of precipitation or more. The reports shall be delivered
to the Stormwater Management Officer and copied to the site logbook.
B.
Maintenance easement(s). Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Chester to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by the section. The easement shall be recorded by the grantor in the
office of the County Clerk after approval by the Town Attorney for
the Town of Chester.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management facilities installed in accordance with this
article shall insure such facilities are operated and maintained 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.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations of this article.
D.
Maintenance agreements. The Town of Chester shall provide a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this article entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1] The Town of Chester, in lieu of a maintenance agreement,
at its sole discretion, may accept dedication of any existing or future
stormwater management facility, provided that such facility meets
all the requirements of this article and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is on file in the Town offices.
A.
Erosion and sediment control inspection.
(1)
The Town of Chester 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
Town of Chester enforcement official at least 48 hours before any
of the following activities:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
B.
Stormwater management practice inspections. The Town of Chester Stormwater
Management Officer is responsible for conducting inspections of stormwater
management practices (SMPs). All applicants are required to submit
as-built plans for any stormwater management practices located on
site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
C.
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.
D.
Submission of reports. The Town of Chester Stormwater Management
Officer may require monitoring and reporting from entities subject
to this article as are necessary to determine compliance with this
article.
E.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Chester the right to enter the property at reasonable times and for a reasonable time and in a reasonable manner for the purpose of inspection as specified in Subsection C above.
A.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Town in its approval
of the stormwater pollution prevention plan, the Town may require
the applicant or developer to provide, prior to construction, a performance
bond in the form of a cash escrow or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
The security shall be in an amount to be determined by the Town based
on submission of final design plans, with reference to actual construction
and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the Town, provided
that such period shall not be less than one year from the date of
final acceptance or such other certification that the facility(ies)
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facilities
have been found to be acceptable to the Town. Per-annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by the corporation that owns or manages a commercial
or industrial facility, the developer, prior to construction, may
be required to provide the Town 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 Town may draw upon the account
to cover the costs of proper operation and maintenance, including
engineering and inspection costs.
C.
Recordkeeping. The Town may require entities subject to this article
to maintain records demonstrating compliance with this article.
A.
Notice of violation. When the Town determines that a land development
activity is not being carried out in accordance with the requirements
of this article, it may issue a written notice of violation to the
landowner. The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant.
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this article, and a time
schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work orders. The Town may issue a stop-work order for violations
of this article. Persons receiving a stop-work order shall be required
to halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order shall be in effect until the Town confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal or monetary penalties in accordance
with the enforcement measures authorized in this article.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this article may be restrained by injunction
or otherwise abated in a manner provided by law.
D.
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
$250 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense. Conviction of a second offense
shall be considered an aggravated violation of this article if such
violation shall occur within five years of the conviction of the initial
offense. An aggravated violation of this article shall be an unclassified
misdemeanor and shall be punishable in accordance with the Penal Law
of the State of New York 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 committed within
the same five-year period, shall be punishable by a fine not less
then $700 nor more than $1,000 or imprisonment for period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article
shall be deemed misdemeanors and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
article, the Stormwater Management Officer may prevent the occupancy
of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable period of time after notice, the Town
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
G.
Fees for services. The Town may require any person undertaking land
development activities regulated by this article to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections or SMP
maintenance performed by the Town or performed by a third party for
the Town.
