[HISTORY: Adopted by the Town Board of the Town of Newburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-15-1995 by L.L. No. 4-1995; amended in its entirety 12-21-2009 by L.L. No.
14-2009]
It is the purpose of these regulations to:
A.
Establish minimum acceptable standards for stormwater management
within the Town of Newburgh. These minimum acceptable standards must
be met and paid for by the person or firm proposing the subdivision,
development and/or site plan where the facilities will be used.
B.
The amended limitations on construction of stormwater management
facilities imposed herein specifically do not apply to mapped subdivisions,
developments and site plans which have been finally approved by the
Town of Newburgh Planning Board or other authorized authority for
which a final map has been filed in the office of the Orange County
Clerk or Town offices, as required by law. Previously enacted limitations
remain in effect for those projects.
C.
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 0-08-002 or as amended or revised.
D.
Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-08-001 or as amended or revised.
E.
Minimize increases in 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.
F.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality.
G.
Maintain the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable.
H.
Maintain stormwater runoff rates and volumes, minimize soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and to ensure that these management practices
are properly maintained and eliminate threats to public safety.
Since improperly managed stormwater runoff can increase the
incidence of flooding and erosion which can adversely affect human
life, flora and fauna, these regulations have the following objectives:
A.
To protect, maintain and enhance both the immediate and long-term
health, safety and general welfare of the citizens of the Town of
Newburgh.
B.
To prevent damage from flooding.
C.
To protect, restore and maintain the chemical, physical and biological
integrity of community waters.
D.
To encourage protection of natural drainage systems, such as wetlands,
and use them in ways that do not impair their beneficial functioning.
E.
To protect, restore and maintain the habitat of fish and wildlife.
F.
To assure the attainment of these objectives by requiring the approval
and implementation of SWPPP's for all activities which may adversely
impact surrounding areas.
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the meanings they have in common usage
and to give these regulations their most effective application. Words
used in the singular shall include the plural, and the plural shall
include the singular; words used in the present tense shall include
the future tense. The word "shall" connotes mandatory and not discretionary;
the word "may" is permissive.
Any modifications, alterations or effects on a feature or
characteristic of public waters, wetlands or adjacent lands, including
their quality, quantity, hydrology, surface area, species composition,
living resources, aesthetics or usefulness for human or natural uses
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity
or stability or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
Any artificial barrier, including any earthen barrier, together
with its appurtenant works, which impounds or will impound water.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A permanent structure for the temporary storage of runoff,
designed so as not to create a permanent pool of water, which gradually
releases water over 24 hours at a rate not exceeding the predevelopment
rate of runoff. This structure is used to control the peak discharge
rates of stormwater and provide gravity settling of pollutants.
Any person who engages in development either as the owner
or the agent of the owner of property.
Construction, installation, alteration, demolition or removal
of a structure, impervious surface or drainage facility;
Clearing, scraping, grubbing or otherwise removing or killing
the vegetation of a site; or
Adding, removing, exposing, excavating, leveling, grading, digging,
burrowing, dumping, piling, dredging or otherwise significantly disturbing
the soil, mud, sand or rock of a site.
Any component of the drainage system.
The system through which the water flows from the land. It
includes stormwater, watercourses, water bodies, groundwater and wetlands.
The wearing away or washing away of soil by the action of
wind or water.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
The temporary rise in the level of any water body, watercourse
or wetland which results in the inundation of areas not ordinarily
covered by water.
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A surface which has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes semi-impervious areas such as compacted clay, as well
as most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures.
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies pollution control strategies.
The process of percolating stormwater into the subsoil.
A permanent structure designed to recharge stormwater runoff
to groundwater.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Systems which predominately consist of or use those communities
of plants, animals, bacteria and other flora and fauna which occur
indigenously on the land, in the soil or in the water.
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
The person in whom is vested the fee ownership, dominion
or title of property, i.e., the proprietor. This term may also include
a tenant, if chargeable under his lease for the maintenance of the
property, and any agent of the owner or tenant, including a developer.
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Any water bodies, watercourses or wetlands into which surface
waters flow either naturally, in man-made ditches or in closed conduit
systems.
A permanent structure which provides for the storage of runoff
by means of a permanent pool of water without release except by means
of evaporation, infiltration or attenuated release when runoff volume
exceeds the permanent storage capacity.
The fine particulate material, whether mineral or organic,
that is in suspension or has settled in a water body.
Measures that prevent eroded sediment from leaving the site.
Any structure or area which is designed to hold runoff water
until suspended particles have settled.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special-concern species.
Any tract, lot or parcel of land, or combination of tracts,
lots or parcels of land, which are in one ownership or are contiguous
and in diverse ownership where development is to be performed as part
of a unit, subdivision or project.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
The Town of Newburgh Building Inspector or other employee
or officer designated by the Town Board to accept and review stormwater
pollution prevention plans, forward the plans to the applicable municipal
board and inspect stormwater management practices.
The detailed analysis of stormwater and drainage as described
in and required by these regulations.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or monopoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
That which is built or constructed, an edifice or building
or any piece of work artificially built or composed of parts joined
together in some definite manner, but shall not include fences or
signs.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to man-made
bodies of water which neither were originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
The duly appointed Town Engineer of the Town of Newburgh
or his designated representative.
All plant growth, including trees, shrubs, herbs, vines,
ferns, mosses and grasses.
Any natural or artificial pond, lake, reservoir or other
area which ordinarily or intermittently contains water and which has
a discernible shoreline.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A drainage area or basin contributing to the flow of water
in a receiving body of water.
Any and all water on or beneath the surface of the ground.
It includes the water in any watercourse, water body or drainage system.
It also includes diffused surface water and water standing, percolating
or flowing beneath the surface of the ground.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Any area meeting the requirements of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands (latest edition),
and/or any area identified by the New York State Department of Environmental
Conservation (NYSDEC) as being a state-protected wetland.
A.
Unless exempted pursuant to Subsection B, a stormwater management plan must be submitted and approved before:
(1)
A plat is recorded or land is subdivided;
(2)
An existing drainage system is altered, rerouted, deepened, widened,
enlarged, decreased or obstructed;
(3)
The issuance of a building permit;
(4)
A site plan approval or special use permit is granted by the Planning
Board;
(5)
Approval of a plan which proposes construction of a Town or private
road;
(6)
The issuance of a clearing or grading permit; or
B.
Exemptions. The following development activities are exempt from
the stormwater management plan requirements:
(1)
Developments which do not disturb more than 10,000 square feet.
(2)
Agricultural land-management activities.
(3)
Any maintenance, alteration, use or improvement to an existing structure
not changing or affecting quality, rate or location of surface water
discharge.
(4)
Residential developments consisting of single-family dwellings, which
disturb less than one acre and not requiring construction of any new
public or private road and not part of a larger development scheme
which resulted or will result in cumulatively greater than one acre
of disturbance.
[Amended 11-7-2011 by L.L. No. 8-2011]
(5)
Silvicultural activity.
(6)
Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
(7)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer or the Town's
consultant.
(8)
Land development activities for which a building permit has been
approved on or before the effective date of this article.
(9)
Cemetery graves.
(10)
Installation of fence, sign, telephone and electric poles and
other kinds of posts or poles.
(11)
Emergency activity immediately necessary to protect life, property
or natural resources.
(12)
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.
(13)
Landscaping and horticultural activities in connection with
an existing structure.
A.
It is the responsibility of an applicant to include in the stormwater
management plan sufficient information for the Town Engineer or his
designated representative to evaluate the environmental characteristics
of the affected areas, the potential and predicted impacts of the
proposed activity on public waters and both public lands and private
lands adjacent to the land development activity and the effectiveness
and acceptability of those measures proposed by the applicant for
reducing adverse impacts. The stormwater management plan shall contain
all material necessary to communicate the information required by
this section.
(1)
All calculations, assumptions, criteria and references used in the
design of new facilities, examination of existing facilities and comparison
of predevelopment to postdevelopment discharges shall be included
with the plan. Data must be provided which documents that new development
does not adversely impact adjacent properties.
(2)
All stormwater management data must be prepared and sealed by individuals
registered in New York State to perform such duties.
B.
The stormwater management plan shall contain the name, address and
telephone number of the owner and the developer. In addition, the
legal description of the property shall be provided, and its location
with reference to such landmarks as major water bodies, adjoining
roads, railroads, subdivisions or other municipalities shall be clearly
identified by a map.
C.
The existing environmental and hydrologic conditions of the site
and of receiving waters and wetlands shall be described in detail,
including the following:
(1)
A plan showing the predevelopment conditions of the site at a scale
of at least one inch equals 50 feet and a map at a scale of at least
one inch equals 500 feet which shows all contributory drainage areas
to the study point.
(2)
The flow rate of stormwater runoff under existing conditions.
(3)
A description of all watercourses, water bodies and wetlands on or
adjacent to the site or into which the stormwater flows. Information
regarding the existing water quality, if any, and the receiving water
quality classification as determined by the NYSDEC shall be included.
(4)
Groundwater levels from readily available data sources.
(5)
The location of floodplains.
(6)
Land cover.
(7)
Topography at two-foot contour intervals.
(8)
Soils, including erodibility, percolation rate, depth to groundwater
and depth to bedrock, etc.
D.
Proposed alterations of the site shall be described in detail and
shown on plans at a scale of at least one inch equals 50 feet, including:
(1)
Changes in topography, with all grading shown with two-foot contour
intervals or less;
(2)
Limits of proposed disturbed area;
(3)
Proposed ground coverage, i.e., pavement, gravel, houses, buildings,
lawns, etc., and their areas;
(4)
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 close-out;
(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)
Implementation schedule for tagging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place;
(12)
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 pollutant from exposed areas of the site to the degree
attainable; and
(16)
Any existing data that describes the stormwater runoff at the
site.
E.
All components of the drainage system and any measures for the detention,
retention or infiltration of water or for the protection of water
quality shall be described in detail, including:
(1)
The channel, direction, flow rate and quality of stormwater that
will be conveyed from and/or through the site, with a comparison to
the existing conditions. (In no case will any facility or construction
be allowed that raises the existing water surface elevation on upstream
or downstream properties, unless specifically agreed to by those property
owners.)
(2)
Detention, retention and/or infiltration structures, including plans
for the discharge of contained waters, maintenance plans and predictions
of water quality in those areas.
(3)
A tabulation of water quality volumes and storage, discharge curves
with corresponding water surface elevations, inflow hydrographs, outflow
hydrographs and dewatering/infiltration times will be required to
be submitted with all detention, retention and infiltration facilities.
(4)
All plans, with defined subcatchment areas, and profiles of the proposed
drainage facilities, including the size and type of material.
(5)
Erosion control plans for all development activities.
(6)
All calculations and design information in accordance with the design
section of these regulations.
(7)
General specifications for the construction of all components of
the drainage system.
(8)
Any other information which the Town Engineer or his designated representative
believes is reasonably necessary for evaluation of the plans.
To ensure attainment of the objectives of these regulations
and to ensure that performance standards will be met, the design,
construction and maintenance of drainage systems shall be consistent
with the following standards:
A.
In the interest of reducing the total area of impervious surface,
preserving existing features, which are critical to stormwater management,
and reducing the concentration of stormwater flow, maximum use shall
be made of existing on-site natural and man-made stormwater management
facilities.
B.
Innovative stormwater management facilities may be proposed (e.g.,
rooftop storage, underground storage structures and infiltration systems),
provided that they are accompanied by detailed engineering plans and
demonstrate performance capabilities that are acceptable to the Town
Engineer or his designated representative.
C.
Stormwater management facilities shall be provided so the peak discharge
of the calculated postdevelopment runoff to an adjacent property,
watercourse or water body does not exceed the peak discharge of the
predevelopment runoff. Point discharge of stormwater runoff to an
adjacent property, watercourse or water body will not be allowed in
the postdevelopment design if one did not exist in the predevelopment
condition. Point discharge is required to be returned to sheet flow
or an easement will be required to be obtained from the adjoining
property owner if this condition cannot be met. Calculating and supporting
documentation and designs will be required regarding point discharges
being returned to sheet flows.
D.
Runoff calculations for the predevelopment and postdevelopment comparison
shall consider the 90% storm event one- , ten- , twenty-five-year
for pipe sizing, and one-hundred-year storm frequencies.
E.
For predevelopment computations, all runoff coefficients within the
study area shall be based on actual land use conditions.
F.
Stormwater management practices in compliance with NYSDEC standards
and guidelines and other approved alternatives shall be used to retain
and detain the increased and accelerated runoff and reduce pollutants
in runoff which the development generates. Water shall be released
from these areas at a rate equal to or less than the predevelopment
conditions of the storm event. Measures shall be taken to protect
the outfall area from erosion. Water quality volume shall be addressed
by any proposed postdevelopment design.
G.
Retention/detention basins shall be designed to safely discharge
the peak discharge from the postdevelopment one-hundred-year storm
frequency event through an emergency spillway in a manner which will
not damage the integrity of the basin or cause damage to adjoining
properties.
H.
Retention/detention basins shall be landscaped in accordance with
current engineering practices, the New York guidelines for Erosion
and Sediment Control and any additional landscaping requirements imposed
by a reviewing board of the Town pursuant to its authority.
I.
Retention/detention basins which may be used to collect sediment
during construction operations must have all sediment removed at any
time that it is at 60% of its original capacity. Upon completion of
all construction, any sediment in the basin must be removed and the
basin shall be reshaped to the design dimensions and stabilized. A
maintenance schedule must be provided that indicates how often the
basin is to be cleaned thereafter and who is responsible for maintaining
it.
J.
Retention/detention basins which are designed with a dam shall incorporate
the following minimum standards:
(1)
The maximum water depth shall not exceed 10 feet unless approved
by waiver of the Town Board.
(2)
The minimum top width of dams shall be 10 feet.
(3)
The side slopes of earth fill dams shall not be steeper than three
feet horizontal to one foot vertical on the downstream side of the
embankment.
(4)
Basins designed with permanent opened water shall be fenced.
(5)
A cutoff trench of impervious material shall be provided under all
dams.
(6)
All pipes and culverts through dams shall have properly spaced cutoff
collars or factory welded antiseep collars.
(7)
A minimum of one foot freeboard, computed from the maximum water
surface elevation during the one-hundred-year storm event, shall be
provided in all basins.
(8)
The minimum floor elevation of all structures that would be affected
by a basin or other water impoundments or open conveyance systems
where ponding may occur shall be two feet above the one-hundred-year
water surface elevation.
K.
Runoff calculations for stormwater management facilities shall be
based upon the following methods:
(1)
SCS — TR-20 (latest revision) is the recommended and preferred
method for the study of watersheds with a drainage area greater than
100 acres. SCS — TR20 or SCS — TR-55 Tabular Hydrograph
Method (latest revision) may be used for the study of watersheds with
a drainage area greater than 200 acres.
(2)
SCS — TR-55 Graphical Peak Method (latest revision) may be
used in lieu of the Tabular Hydrograph Method for sizing conveyance
systems or checking peak flows only. It shall not be used for basin
routing or subarea routing as it does not provide an adequate hydrograph.
(3)
Other standard engineering models with approval of the Town Engineer
or his designated representative.
(4)
Stormwater runoff shall be based on the following twenty-four-hour
storm events with a Type III distribution:
|
Storm Event
|
Inches of Rainfall
| |
|---|---|---|
|
1-year
|
2.9
| |
|
10-year
|
5.5
| |
|
25-year
|
6.5
| |
|
100-year
|
8.0
| |
|
Source: SCS Technical Release 55
| ||
(5)
Use of other criteria, assumptions, references, calculation methods
and computer programs may be utilized, provided that detailed design
information and programming, with references, are submitted to and
found acceptable by the Town Engineer or his designated representative
prior to submission of the stormwater management plan.
(6)
Pipe size calculation shall be based on twenty-five-year return frequency
storm events.
L.
The design plan and construction schedule shall incorporate measures
to minimize soil erosion and sedimentation.
M.
Consideration shall be given to the relationship of the subject property
to the drainage pattern of the watershed.
N.
Stormwater shall not be transferred from one watershed to another
unless:
(1)
The watersheds are subwatersheds of a common watershed which join
together within the perimeter of the property.
(2)
The effect of the transfer does not alter the peak discharge onto
adjacent lands, watercourse or water bodies at any point.
(3)
Easements from the affected landowners are provided.
O.
Technical references. For the purpose of this article, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, April 2008, 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,
August 2005, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
P.
Technical standards.
(1)
For all swales and gutters, the "n" factors used to determine capacity
and velocity shall be based on accepted engineering practices.
(2)
Corrugated metal pipe will not be allowed to be used in any drainage
system or facility without the approval of the Town Superintendent
of Highways and the Town Engineer or his designated representative.
If allowed, corrugated metal pipe shall be fully asphalt coated with
paved inverts and the "n" factor shall be 0.022 for annular pipe and
0.017 for helical pipe.
(3)
The "n" factor for concrete pipe shall be 0.013.
(4)
The "n" factor for polyethylene pipe shall be 0.010 for smooth interior
pipe and 0.019 for corrugated interior pipe.
(5)
Manufacturer's specifications may be submitted to the Town Engineer
or his designated representative for acceptance if other types of
pipes or sizes of pipes indicate that another value of "n" should
be used.
(6)
Catch basins shall be designed with a sump of 16 inches.
(7)
Catch basin inlet capacity shall be based on design data provided
by the manufacturer.
(8)
Any existing drainage structures within 200 feet of the subdivision/site
shall be included in the stormwater management plan. Structures that
convey streams shall be checked to determine if they have the capacity
to carry the fifty-year-storm flows, and all other structures shall
be checked for capacity to carry the twenty-five-year storm flows.
(9)
A tabulation of flows through all drainage systems shall be submitted
with the plans.
(10)
Culvert design shall consider inlet/outlet control at each structure
or hydraulic losses shall be calculated through the system. These
calculations are to be submitted as part of the plans. At a minimum,
when pipe sizes change, the tops of the pipes shall match in elevation.
(11)
All culverts having diameters of 24 inches to 48 inches shall
have a removable inlet grating of five-eighths-inch diameter (minimum)
reinforcing bars spaced approximately six inches on center. All design
calculations are to reflect this inlet control condition.
Q.
Catch basins shall be located in the swale along open section roadways.
The calculated depth of flow in the swale shall not exceed 1/2 of
the total depth of the swale before placing a catch basin. The catch
basin shall be capable of accepting 100% of the flow in the swale.
On closed section roadways, catch basins shall be located along the
curbline and are not permitted along the curb radius at intersections.
For the purpose of catch basin placement, the depth of flow along
the curb and across intersections shall not exceed two inches.
R.
Manholes and catch basins shall not be spaced more than 300 feet
apart. Structures shall be placed at all points of changes in horizontal
or vertical direction.
S.
Curves in pipes will only be allowed where manufacturer's information
clearly demonstrates that the integrity of the pipe system will not
be compromised by such curving. As a general rule, only pipes of 24
inches or larger in diameter may be curved.
T.
Stormwater collection systems shall have a minimum diameter of 15
inches and shall be designed to have a minimum velocity of three feet
per second. However, at the terminus of the system, the flow velocity
at the discharge point shall not exceed four feet per second prior
to the flow entering a natural watercourse, water body or adjacent
property.
U.
The maximum swale, gutter or curb velocity of stormwater runoff shall
be maintained at levels which result in a stable condition both during
and after construction. Swales shall be designed and stabilized in
accordance with New York Standards and Specification for Erosion and
Sediment Control, current version or its successor. A minimum of six
inches of freeboard shall be provided above the flow depth in the
swale. Swales shall be designed to allow for infiltration of stormwater
runoff and removal of pollutants from the runoff whenever possible.
This can be accomplished by keeping the swale at as flat a slope as
possible, stabilizing the swale with a water-tolerant, erosion-resistant
grass that will not be mowed close to the ground, increasing the percolation
ability of the swale by tilling the soil before establishing vegetative
cover and installing check dams with rip rap on the downstream side
to prevent scouring.
V.
Drainage facilities not located within public rights-of-way shall
be located within easements.
W.
When plan applications are submitted in sections, each section shall
control stormwater runoff and sedimentation as though it were a separate
entity. If temporary facilities are required for construction of a
section, they shall meet all of the requirements of these regulations.
A construction or phasing schedule shall be submitted with each plan
and shall demonstrate the methods to be used to minimize stormwater
runoff and soil erosion and sedimentation.
X.
Stormwater management facilities shall not be constructed within
or discharge directly to wetland areas, wetland buffer areas or existing
water bodies unless either:
(1)
The appropriate permits from applicable regulatory agencies have
been obtained; or
(2)
A letter from said agencies has been obtained stating that a permit
is not required for the proposed work. Copies of the permits or letters
shall be submitted to the Town Planning Board for review by the Town
Engineer or his designated representative prior to the final approval
of the plan.
Y.
Individual lots, buildings and dwellings shall be provided with drainage
facilities to assure proper runoff from roofs, driveways, paved areas
and footing drains. Footing drains shall discharge to free-flowing
outlets. The installation of such facilities shall be in accordance
with these regulations and the Town of Newburgh Street Specifications[1] and are required prior to the issuance of a certificate
of occupancy.
Z.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
AA.
Stormwater discharges should be consistent with the thermal criteria
found in Part 704 of the Water Quality Regulations, Title 6, Chapter
X, New York State Codes, Rules and Regulations.
Stormwater management plans must demonstrate that the proposed
development or land development activity has been planned and designed
and will be constructed and maintained to meet each of the following
standards:
A.
Ensure that, after development, runoff from the site equals or reduces
the rate of flow and quality of runoff that would have occurred following
the same rainfall under existing conditions.
B.
Maintain the existing hydrologic characteristics of the watershed.
C.
Protect the quality of groundwater and surface waters.
D.
Protect groundwater levels.
E.
Protect the beneficial functioning of wetlands as areas for the natural
storage of surface waters and the chemical reduction and assimilation
of pollutants.
F.
Prevent increased flooding and damage that results from improper
location, construction and design of structures in areas which are
presently subject to an unacceptable danger of flooding.
G.
Minimize injury to flora and fauna and adverse impacts to fish and
wildlife habitat.
H.
Otherwise further the objectives of these regulations.
A.
The applicant shall reserve easements or drainage rights-of-way within
the subdivision or over the site, as the case may be, where stormwater
or surface water drainage facilities are existing or proposed, whether
man-made or natural. The easements shall conform as closely as possible
to the lines of such course and shall also meet the following criteria:
(1)
Easements shall have a minimum width of 20 feet and shall be adequately
designed to provide area for the collection and discharge of water,
the maintenance and repair of the facility and the passage of equipment
for such work.
(2)
In the case of streams or open channel drainage, the easement shall
encompass the one-hundred-year storm event or the flood of record,
plus one foot freeboard above that elevation. Calculations acceptable
to the Town Engineer or his designated representative supporting those
elevations shall be submitted with the plans.
(3)
When a proposed drainage system carries water onto adjacent lands
where no discharge point existed in the predeveloped condition, stormwater
will be returned to a sheet flow condition prior to exit from the
site or an easement must be obtained from the downstream property
owner(s).
(4)
The plans shall clearly indicate who has the right of access and
the responsibility of maintenance for all facilities.
(5)
Easements shall include the right to trim, cut and remove any trees,
limbs, shrubs, underbrush, debris, structures, fences, obstructions
or other objects located within the easement which, in the sole judgment
of the easement holder, may interfere with, obstruct or endanger the
use and maintenance of the easement for drainage or stormwater management
purposes.
B.
Where a new stormwater management or drainage facility is proposed
to be dedicated to the Town of Newburgh or a duly established drainage
or improvement district of the Town and is outside a proposed, dedicated
public street right-of-way, the facility shall be either:
(1)
Located
on property proposed to be deeded in fee to the Town; or
(2)
Located
in an easement area which is outside the applicable minimum yard setback
areas for each lot on which the facility is situated, and for which
easement rights satisfactory to the Town can be conveyed by the applicant,
its successors and assigns.
A.
It is the financial responsibility of the owner and subsequent landowners
to maintain the proposed stormwater management system as it was designed
and constructed. Good maintenance involves periodic cleaning and dredging
of pipes and basins and mowing and maintaining proper land cover.
A stormwater management plan cannot be approved by the Town Planning
Board unless the applicant can show that a financial mechanism will
be established which ensures that the owner and subsequent landowners
have the financial ability to maintain the stormwater management system
in accordance with a maintenance schedule approved by the Board. Should
the owner propose to transfer the ownership and management responsibility
to a homeowners' association, the subdivision or site plan covenants
must indicate how the association will bear the financial burden of
maintaining the stormwater management facilities and collect the necessary
funds. Additionally, the homeowners' association must be registered
pursuant to § 352-e of the New York State General Business
Law.
B.
The Planning Board, at its discretion, may require that a maintenance
security be posted to meet this obligation. The amount of the security
shall be equal to the estimated cost of maintaining the system for
a period of five years.
C.
The systems maintained by the owner or homeowners' association shall
have adequate easements to permit the Town Engineer or his designated
representative to inspect and, if necessary, for the Town of Newburgh
or its agents to enter upon the property and to take corrective measures
should the owner fail to properly maintain the system. Before taking
corrective action, the Town Board shall give the owner written notice
of the nature of the existing defects. If the owner fails within 30
days from the date of notice to commence corrective action or to appeal
the matter to the Board of Zoning Appeals, the Town Board may take
necessary corrective action, the cost of which shall become a lien
on the real property until paid. In the case of a homeowners' association,
such lien may be placed on the real property of each of the members
of the homeowners' association until payment is made. This remedy
shall not be deemed to be exclusive and the Town shall retain all
other enforcement rights.
D.
Improvements may be dedicated in connection with the formation of
a drainage district with approval by the Town Board in accordance
with the procedures set forth in Articles 12 or 12-A of the Town Law.
It shall be the owner's sole responsibility to submit to the
Town a satisfactory map, plan and report prepared by a licensed professional
engineer and a petition for the establishment of a drainage district
satisfying the requirements of Article 12.
A.
Improvements and related measures. The estimated costs of the following
improvements and related measures, where applicable, which are associated
with the stormwater management plan are required to be included in
the amount of the performance security:
(1)
Storm drainage systems, including but not limited to catch basins,
manholes, pipes, swales, basins and infiltration systems.
(2)
Erosion and sediment control, including grading and stabilization,
for both temporary and permanent restoration.
(3)
As-built or record drawings.
(4)
Any other items which may be reasonably deemed to be required by
the Town Engineer or his designated representative. The applicant's
engineer is to prepare the estimate and submit it to the Town Engineer
or his designated representative for review and recommendation to
the Town Board.
B.
Performance security. 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
management plan, a performance security shall be delivered to the
Town Clerk to guarantee to the Town that the applicant will faithfully
cause to be constructed and completed within a reasonable time the
required improvements and related measures or permanently restore
the areas of disturbance. Before the Planning Board grants final approval
of a subdivision plat, site plan, special permit or other required
approval, the applicant shall follow the procedure set forth below:
(1)
In an amount set by the Town Board based on submission of final design
plans, with reference to actual construction and landscaping costs,
the applicant shall either file with the officer the Town designates
a certified check to cover the full cost of the required improvements
and related measures or to permanently restore the areas of disturbance,
or an adequate and acceptable letter of credit or performance bond
issued by a bank or surety company acceptable to the Town to cover
the full cost of the required improvements and related measures or
permanent restoration of the areas of disturbance, or any combination
thereof. Any such performance security shall be satisfactory to the
Town Board and the Town Attorney or attorney for the Town as to form,
sufficiency, manner of execution and surety. The performance security
shall remain in force until the surety is released from liability
by the Town, provided that such period shall not be less than three
years or one year from the date of final acceptance or such other
certification that the improvements have been constructed in accordance
with the approved plans and specifications and that a one-year inspection
has been conducted and the improvements have been found to be acceptable
to the Town, whichever is later, or in the case of a letter of credit,
a minimum period of one year with provision for continuing automatic
renewal for a total period of at least three years. The term of such
performance security may be required to be extended and the amount
of the security increased by the Town Board if improvements are not
completed or areas of disturbance not permanently restored within
the original term of the security.
(2)
The required improvements shall not be considered to be completed until the installation of the improvements has been accepted by the Town Engineer or his designated representative and any appropriate Town department head and as-built or record drawings satisfactory to the Town Engineer or his designated representative have been submitted. The performance security or certified check for all required improvements specified in Subsection A(1) above shall not be released until such as-built plans are submitted and the performance security shall additionally secure the completion of the as-built or record drawing. The Town shall release the security upon certification of the Town Engineer or his designated representative that all requirements of the security have been satisfied.
(3)
The applicant shall complete all required improvements or have posted
the required performance security, either or both to the satisfaction
of the Town Board, before any building permits shall be issued.
(4)
If the Town Engineer or his designated representative, as the case
may be, shall decide at any time during the term of performance that
the required improvements and related measures have been installed
as provided in this section and by the Town Engineer or his designated
representative to a sufficient extent and amount to warrant reduction
in the face amount of said security, or if the Town Engineer or his
designated representative, as the case may be, shall determine that
the character and extent of such development requires additional improvements
previously waived for a period stated at the time of fixing the original
terms of such security, the Town Board upon recommendation of the
Town Engineer may modify its requirements for any or all such improvements,
and the face value of such performance security shall thereupon be
reduced or increased by an appropriate amount so that the new face
value will cover the cost in full of the amended list of improvements
required by the Planning Board or Town Engineer and any security deposited
may be reduced or increased proportionately.
A.
Any person planning a development as defined in these regulations
or undertaking land development activity as defined by these regulations,
unless exempted, shall submit a stormwater management plan to the
Town Planning Board or Stormwater Officer, as appropriate. Developers
and consultants are urged to discuss stormwater management approaches
for specific projects with the Planning Board prior to submittal of
preliminary plans.
B.
The application fee, in accordance with Chapter 104, Fees, of the Code of the Town of Newburgh is to be paid at the time the stormwater management plan permit application is submitted. In the event that land development activity under an approved stormwater management plan is divided among separate owners or developers due to subdivision, lease or other arrangements, then a separate permit for each lot, lease or arrangement shall be required and an additional fee for administration and compliance inspection shall be paid at the time each permit or building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
[Amended 11-7-2011 by L.L. No. 8-2011]
C.
Charges for technical review of the stormwater management plan may be charged against the escrow established for professional consultant reviews in accordance with Chapter 104, Fees, of the Code of the Town of Newburgh; all charges must be paid by the applicant prior to final approval of the plan.
D.
Within the same time frame as is applicable to the approval of accompanying
subdivision plats, site plans or special permits, as the case may
be, or 62 days following submission of the completed stormwater management
plan, the Town Planning Board shall approve, with or without specified
conditions or modifications, or reject the plan and notify the applicant
accordingly. The Town Engineer or his designated representative shall
provide a written evaluation of the applicant's submission. If
the Planning Board has not rendered a decision within the time frames
specified above following completed plan submittal, it shall inform
the applicant of the status of the review process and the anticipated
completion date. If the plan is rejected or modified, the Planning
Board shall state the reasons.
E.
The stormwater management plan must meet all of the requirements
as specified in these regulations in order to be approved.
F.
The stormwater management plan will not be approved unless adequate
provisions have been made for inspection of the property before any
development activity begins. The applicant shall arrange with the
Town Engineer or his designated representative for scheduling the
following inspections:
(1)
Initial inspection prior to approval of the stormwater management
plan (this inspection is at the discretion of the Town Engineer or
his designated representative).
(2)
Construction inspection to be made during construction of underground
drainage structures and during construction of any basin dams.
(3)
Erosion control inspection, to ensure erosion control practices are
in accord with the Plan.
(4)
As-built inspection to be made when all work has been completed.
Although inspections will be made by the Town Engineer or his designated
representative or his designate, it is the responsibility of the applicant
to provide certification to the Town, in writing, with the as-built
plans, that all work has been completed in accordance with these regulations.
The applicant will be notified, in writing, of any deficiencies noted
at the site. These items shall be promptly corrected by the applicant
or the applicant will be subject to the penalty provisions of these
regulations.
G.
Contractor certification.
(1)
Each contractor and subcontractor identified in the stormwater management
plan 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 management plan. I
also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(2)
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm,
the address (or other identifying description) of the site, and the
date the certification is made.
(3)
The certification statement(s) shall become part of the stormwater
management plan for the land development activity.
H.
Prior to the signing of any plat or plan or the issuance of any special permit referenced in § 157-4 above containing stormwater management facilities proposed to be dedicated to the Town or a Town improvement district, the applicant shall deliver in form acceptable to the Town Attorney or attorney for the Town an irrevocable offer of dedication, acceptable for recording, describing the proposed easement or deed area of the facilities by metes and bounds, together with such other signed and completed documents, including but not limited to a Form TP-584, as are required for the recording of the offer of dedication.
I.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall
at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed
or used by the applicant or developer to achieve compliance with the
conditions of this article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
The applicant or developer or his or her representative shall be
on site at all times when construction or grading activity and/or
other development takes place and shall inspect and document the effectiveness
of all erosion and sediment control practices. Inspection reports
shall be completed at a minimum of every seven days. The reports shall
be delivered to the Stormwater Management Officer or his designated
representative and also copied to the site log book with the SWPPP.
(3)
The applicant or developer shall provide for access to the facility
at reasonable times for periodic inspection by the Town of Newburgh
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
article and shall secure all necessary easements from the owner and
any subsequent landowner for such access.
J.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
article shall ensure that they 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.
K.
Maintenance agreements. A formal maintenance agreement executed by
the landowner and the Town of Newburgh for stormwater management facilities
binding on all subsequent landowners served by the facilities and
all other parties having an interest in the property shall be recorded
in the office of the County Clerk in the same manner as a deed restriction
on the property prior to final plan approval. Documents required to
record the maintenance agreement shall additionally be executed and
delivered. The maintenance agreement shall be consistent with the
terms and conditions of Schedule A of this chapter, entitled "Sample
Stormwater Control Facility Maintenance Agreement."[1]
[1]
Editor's Note: Schedule A is on file in the Town offices.
L.
Dedications.
(1)
The Town of Newburgh, 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 fee
title or perpetual easement, for inspection and regular maintenance.
The requirements for dedication of stormwater management and drainage
facilities to the Town of Newburgh or a duly established district
of the Town include the following:
(a)
A title insurance policy, insuring the Town, in the minimum
amount of at least $35,000 for each deeded or easement area to be
dedicated. The title insurance policy must be acceptable to the Town
Attorney or attorney for the Town and must insure that the Town is
obtaining title to the deeded areas or easements free and clear of
all liens and encumbrances, excepting only such existing utility easements
as the Town determines in its sole discretion will not interfere with
the inspection, maintenance and repair of the facilities. Applicants
may be required to submit title updates prior to acceptance of dedication.
(b)
Full covenant and warranty deed, conveying to the Town title
of the area to be dedicated or a perpetual easement for the diversion
and discharge of drainage waters and for related drainage purposes,
including but not limited to constructing, excavating, laying, installing,
reconstructing, operating, maintaining, repairing, replacing and relocating
the facilities, which is acceptable to the Town Attorney or attorney
for the Town, together with such other signed and completed documents,
including but not limited to a Form TP-584 and an Equalization and
Assessment Form, and recording fees as are required for the recording
of the instrument.
(c)
Certification by a professional engineer or surveyor that the
facilities to be dedicated have been completed in accordance with
the approved plans and specifications of the Town and that all construction
has been completed in a workmanlike manner.
(d)
As-built or record drawings of the facilities.
(e)
A maintenance security, acceptable to the Town, guaranteeing
to the Town that the applicant or developer will maintain the facilities
to the Town's standards, normal wear and tear excepted, for a
period of at least two years from the date of the acceptance of the
dedication. The maintenance security must be in an amount equal to
at least 10% of the original performance security.
(f)
A maintenance security letter acknowledging the maintenance
responsibilities of the applicant or developer, acceptable to the
Town.
(g)
If the developer is a corporation or limited liability company,
the developer must deliver a corporate resolution certified by an
appropriate corporate officer or a unanimous written consent of the
board of directors and shareholders of the corporation or members
of the limited liability company to the dedication.
(h)
Payment of such fees for Town processing and recording expenses
and such escrow deposits for reimbursements of professional service
costs as the Town Board may establish and amend by resolution from
time to time as are reasonably related to the complexity of the application
and necessary review by the Town through its consultants' fees for
services.
(2)
The Town of Newburgh may require any person undertaking land development
activities regulated by this article to pay reasonable costs at prevailing
rates of stormwater management plan review and inspections, or stormwater
management plan maintenance performed by the Town of Newburgh or performed
by a third party for the Town of Newburgh.
A.
Erosion and sediment control inspection.
(1)
The Stormwater Management Officer or Town consultant 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 management plan as approved. To
obtain inspections, the applicant shall notify the Stormwater Management
Officer or, if so directed, Town consultant, or designee at least
48 hours before any of the following as required by the Stormwater
Management Officer:
(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 or his designee.
B.
Inspection of stormwater management practices and stormwater facilities
after project completion.
(1)
The Town Engineer or his designated representative is responsible
for conducting inspections of stormwater management practices.
(2)
Inspection programs shall be established on any reasonable basis,
including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include
but are not limited to reviewing maintenance and repair records; sampling
discharges, surface water, groundwater and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
C.
Submission of reports. The Stormwater Management Officer may require
monitoring and reporting from entities subject to this article as
are necessary to determine compliance with this article.
D.
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 Newburgh the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 157-11H and I above.
E.
Notice of violation.
(1)
When the Town of Newburgh 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 owner of
the property. The notice of violation shall contain:
(a)
The name and address of the owner, developer or applicant.
(b)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring.
(c)
A statement specifying the nature of the violation.
(d)
A description of the remedial measures necessary to bring the
land development activity into compliance with this article and a
time schedule for the completion of such remedial action.
(e)
A statement of the penalty or penalties that shall be assessed
against the person to whom the notice of violation is directed.
(f)
A statement that the determination of violation may be appealed
to the Zoning Board of Appeals by filing a written notice of appeal
within 15 days of service of notice of violation.
(2)
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested, to such person(s) at his or her last known address. A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Zoning Board of Appeals. The administrative appeal shall be subject to the same application fee as is set forth in Chapter 104, Fees, for variances, and the Zoning Board of Appeals Chairperson may require an applicant to deposit with the Secretary to the Zoning Board of Appeals an escrow deposit to cover the reasonable costs for consultant services in connection with the application upon the same terms as set forth in § 104-2E(4) for variances.
F.
Stop-work orders. The Town of Newburgh 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 of Newburgh
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.
G.
Violations. Any land development activity that is commenced or is
conducted contrary to this article may be restrained by injunction
or otherwise corrected or abated in a manner provided by law.
H.
Penalties.
(1)
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.
(2)
In addition to or as an alternative to any penalty provided herein
or by law, any person violating any provision of this article shall
be subject to a civil penalty enforceable and collectible by the Town
in an amount not exceeding $250 for each day the violation continues
until the violation has been corrected or otherwise abated in a manner
approved by the Stormwater Management Officer or his designated representative.
I.
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.
J.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the Town of Newburgh
may take necessary corrective action, the cost of labor and materials
for which shall become a lien upon the property until paid. In the
event the land is titled in a homeowners' association which fails
to pay for required corrective action, the Town may have a lien placed
on the real property of members of the homeowners' association until
payment is made.
Any person aggrieved by the action of any official charged with
the enforcement of this article, as the result of the disapproval
of a stormwater management plan, issuance of a written notice of violation,
or an alleged failure to properly enforce the article in regard to
a specific application, shall have the right to appeal the action
to the Zoning Board of Appeals. The appeal shall be filed in writing
within 20 days of the date of official transmittal of the final decision
or determination to the applicant, shall state clearly the grounds
on which the appeal is based, and shall be processed in the manner
prescribed for hearing administrative appeals under the Town's
Zoning Code.[1]
[Adopted 11-7-2011 by L.L. No. 8-2011]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of the Town of Newburgh 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 impose penalties and remedies for noncompliance; 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.
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:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any amendments thereto.
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.
The New York State Department of Environmental Conservation.
New York State licensed professional engineer or licensed
architect.
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 present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported,
disposed of or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
A.
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; and/or
B.
ILLICIT DISCHARGE
INDIVIDUAL SEWAGE TREATMENT SYSTEM
INDUSTRIAL ACTIVITY
MUNICIPALITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NONSTORMWATER DISCHARGE
PERSON
POLLUTANT
PREMISES
SPECIAL CONDITIONS
(1)
(2)
(3)
(4)
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER
DISCHARGE PERMIT
STORMWATER
STORMWATER MANAGEMENT ADMINISTRATOR/OFFICER (SMA/SMO)
303(d) LIST
TOTAL MAXIMUM DAILY LOAD (TMDL)
WASTEWATER
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 157-19 of this article.
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.
Activities requiring authorization under the SPDES Permit
for Discharges from Industrial Activities Except Construction, GP-98-03,
as amended or revised.
The Town of Newburgh.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any and all persons, natural or artificial, and includes
any individual, firm, corporation, government agency, business trust,
partnership, association, two or more persons having a joint or common
interest or any other legal entity acting as either the owner or occupant
of premises, or as the owner's or occupant's agent.
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,
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
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.
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.
Total Maximum Daily Load (TMDL) Implementation. 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.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
Rainwater, surface runoff, snowmelt and drainage.
The Town of Newburgh Building Inspector, engineer, or other
person designated by the Town Board to enforce this article. The SMA
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.
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.
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.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
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.
The Stormwater Management Administrator(s) [SMA(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 SMA as may be authorized by the
Town Board.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsections A(1) through (4) 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 Town has determined
them to be substantial contributors of pollutants: water line 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 SMA to protect life or property
from imminent harm or damage, provided that such approval shall not
be construed to constitute compliance with applicable laws and requirements,
and further provided that such discharges may be permitted for a specified
time period and under such conditions as the SMA 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
SMA 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.
No person shall operate a failing individual sewage treatment
system in areas tributary to the municipality's MS4. A failing
individual sewage treatment system is one which 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.
A.
Activities that are subject to the requirements of this section are
those types of activities that:
B.
Such activities include prohibited discharges or connections and failing individual sewage treatment systems as defined in § 157-20, improper management of animal 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 (as determined or approved by the SMA) to correct such activities
such that he or she no longer causes or contributes to violations
of the municipality's MS4 SPDES permit authorization.
A.
Best management practices. Where the SMA has identified illicit discharges as defined in § 157-15 or activities contaminating stormwater as defined in § 157-21, the Town 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 their 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, that is, or may be, the source of an illicit discharge as defined in § 157-15 or an activity contaminating stormwater as defined in § 157-21 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants) 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 § 157-15 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 at the top of the sludge is within 10 inches
of the bottom of the outlet baffle or sanitary tee. Inspection of
the tank for cracks, leaks and blockages shall be done by the septage
hauler at the time of pumping of the tank contents;
(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:
(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.
A.
The SMA 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 SMA 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 SMA may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the municipality's MS4 in violation of this article
may have their MS4 access terminated if such termination would abate
or reduce an illicit discharge. The SMA will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefore. The violator may petition the SMA for a reconsideration
and hearing. Access may be granted by the SMA 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 SMA 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 SMA.
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 or
continuance of discharges to the MS4.
A.
Applicability. This section applies to all facilities that the SMA
determines necessary to 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 SMA 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 forte which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to the SMA.
(2)
Facility operators shall allow the SMA 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
SMA 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
(and subject to approval by the SMA) 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.
(6)
If the SMA 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 SMA may seek
issuance of a search warrant from any court of competent jurisdiction.
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 non-hazardous materials, said person shall notify
the Town 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 Town 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.
A.
Notice of violation. When the Town's SMA finds that a person
has violated a prohibition or failed to meet a requirement of this
article or failed to comply with a permit or approval condition related
to the subject matter of this article (all deemed a violation 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 and the environment;
(4)
The performance of monitoring, analyses, and reporting;
(5)
Payment of a fine and/or civil monetary penalty; and
(6)
The implementation of source control or treatment BMPs. If abatement
of a violation and/or restoration of affected property or the environment
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, and, if unpaid, said amount may be assessed and levied
as a lien against the violator's premises and collected in the
same manner as a real property tax.
B.
Penalties.
(1)
In addition to or as an alternative to any penalty provided herein
or by law, any person who violates this article shall be guilty of
a violation punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed 15 days, 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
15 days, 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 day's continued
violation shall constitute a separate additional violation.
(2)
Civil penalties.
(a)
In addition to and not in lieu of the above, any person who
violates this article shall be liable to the Town for a civil penalty
in an amount not to exceed $350 for a first violation; in an amount
not less than $350 nor more than $700 for a second violation committed
within a period of five years of the first violation; and in an amount
of not less than $700 nor more than $1,000 for a third and each subsequent
violation committed within a period of five years of the first violation.
Each day's continued violation shall constitute a separate additional
violation.
(b)
Civil penalties may be ordered in any action or proceeding by
and any court of competent jurisdiction, including but not limited
to state and federal courts. All penalties shall be paid to the Town.
(c)
The judgment amount of any civil penalty ordered pursuant to
this section, if not paid, may be assessed and levied against the
real property which is the subject of the penalty and collected in
the same manner as a real property tax.
(3)
In addition to and not in lieu of the remedies authorized above,
the SMA or the Town Board may institute any appropriate action or
proceeding to prevent, restrain, enjoin, correct or abate any violation
or threatened violation or to enforce any provision of this article.
A.
Any person receiving a notice of violation may appeal the determination
of the SMA to the Town Board within 15 days 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 Town Clerk and mail a copy of its decision by certified
mail to the appellant. Any person aggrieved by the decision of the
Town Board may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules. Such proceeding
must he commenced within 30 days after the decision is filed in the
Town Clerk's office or shall be time-bared.
B.
The appeal of a notice of violation shall stay an order contained
in the notice of violation issued by the SMA, unless the SMA determines
in writing that a stay of the order, or portion thereof, would cause
undue harm to a person, property, equipment, the environment or the
Town's storm sewer system. In such case, an appeal shall not
stay the SMA's order.
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 municipal authority
upholding the decision of the SMA, then the SMA shall have authority
to 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 SMA may seek
a warrant in a court of competent jurisdiction to be authorized to
enter upon the property to determine whether a violation has occurred.
Upon determination that a violation has occurred, the SMA may seek
a court order to take any and all measures reasonably necessary to
abate the violation and/or restore the property.
C.
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and may be collected in the same manner as set forth in § 157-27A(6).
It shall be a violation of this article for any person to violate
any provision or fail to comply with any of the requirements of this
article or fail to comply with a permit or approval condition related
to the subject matter of this article. If a person has violated or
continues to violate the provisions of this article, the SMA, 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.
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 Town Attorney or attorney for the Town and concurrence
of the SMA, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
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.
