A.
This chapter shall be applicable to all land development activities
in the Honeoye Lake watershed, as defined in this chapter, as follows:
(1)
Single-family (home, house, dwelling and accessory structures). Land development activity between 5,000 square feet and five acres, within the boundaries of the Honeoye Lake watershed, or within 100 feet of the mean high-water mark of Honeoye Lake, regardless of size, requires erosion and sediment control measures as defined in § 171-8A.
B.
For purposes of this chapter, the Town Code Enforcement Officer or
an official designate by the Town Board shall be designated as the
Stormwater Management Officer (SMO). The SMO shall accept and review
all TSWPPPs and forward such plans to the Planning Board and the Ontario
County Soil and Water Conservation District. The SMO shall:
(1)
Review the plans;
(2)
If required, with the approval by the Town Board, engage the services
of a registered professional engineer to review the plans, specifications
and related documents, the cost of which shall be borne by the applicant;
or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this article.
The provisions of this chapter shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
and welfare. Whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
The following activities are exempted from permit requirements:
A.
Agricultural or farm activities as defined in this chapter.
B.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
C.
Governmental activities to the extent such activities are exempted
by law.
D.
Routine maintenance activities that disturb less than 5,000 square
feet and are performed to maintain the original line and grade or
hydraulic capacity.
E.
Emergency activity immediately necessary to protect life, property
or natural resources.
F.
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
G.
Landscaping and horticultural activities in connection with an existing
structure.
H.
Installation, repair or replacement of aboveground and underground
utilities.
I.
The installation of a driveway for one single-family residential
structure.
A.
Single-family (home, house, or dwelling). Land development activity
between 5,000 square feet and five acres within the boundaries of
the Honeoye Lake Watershed, or within 100 feet of the mean high-water
mark of Honeoye Lake, regardless of size.
(1)
The applicant shall submit a soil erosion and sediment control concept
plan, following the most current version of Appendix E (Erosion and
Sediment Control Plan for Small Home Site Construction) of the New
York Standards and Specifications for Erosion and Sediment Control.
This information is available from the SMO. The plan shall be reviewed
by the SMO prior to issuance of a building permit, and any deficiencies
can be addressed in that review.
B.
Development. An applicant shall submit a stormwater management permit
application to the Stormwater Management Officer. Any application
for approval of a land development activity that will result in land
disturbance of 5,000 square feet or more, excluding agricultural activities,
shall also submit a Town stormwater pollution prevention plan (TSWPPP).
No application for approval of a land development activity shall be
reviewed until the Planning Board has received a TSWPPP prepared in
accordance with the specifications in this article.
C.
All TSWPPPs shall provide the following background information and
erosion and sediment controls. Plans shall be prepared by and bear
the name, signature and seal of a professional engineer, landscape
architect or certified professional, as required by law and licensed
by the State of New York. The following information and plans shall
be provided:
(1)
Background information about the scope of the project, including
location, type and size of project;
(2)
Site map/construction drawings for the project, including a general
location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; areas that will not
be disturbed; existing vegetation; on-site and adjacent off-site surface
waters and watercourses; wetlands and drainage patterns that could
be affected by the construction activity; existing and final slopes;
(3)
Construction phasing plan, describing the intended, sequence of construction
activities, including clearing, excavation and grading, and any other
activity at the site that results in soil disturbance;
(4)
Temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff and sediment control;
(5)
A site map/construction drawing specifying the locations, sizes and
lengths of each erosion and sediment control measure to be implemented;
(6)
Temporary abatement measures that will be converted to permanent
control measures.
D.
All TSWPPPs shall provide the following water quantity and water
quality controls (post-construction stormwater runoff controls):
(1)
Description of each post-construction stormwater management practice;
(2)
Site map/construction drawings showing the specific location and
size of each post-construction stormwater management measure to be
used;
(3)
Dimensions, material specifications and installation details for
each post-construction stormwater management control;
(4)
The TSWPPP, prepared by a landscape architect, certified professional
or professional engineer and must be signed by the professional preparing
the plan, and certify that the design of all stormwater management
practices meets the requirements in this chapter.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the TSWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of a certification statement
before undertaking any land development activity.
(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 statements shall become part of the erosion and
sediment control plan and/or TSWPPP for the land development activity.
F.
A copy of the TSWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities until the date of final stabilization.
G.
It shall be the responsibility of the SMO to inspect sites as frequently
as necessary to assure compliance with the terms of approved permits
and the provisions of this chapter and to submit a written copy notification
of any violations of these terms or provisions to the Town Board.
H.
If at any time the terms of the permit are violated, the SMO will
notify the permit holder of the violation and set a reasonable time
for curing thereof, or may revoke the permit and may require a performance
bond that any performance guarantee be forfeited to the Town. If the
applicant shall be unable to complete the project or any phase thereof
within the specified time, the applicant shall, as soon as possible
prior to the specified date of completion, present in writing a request
for an extension of time, setting forth therein the reasons for the
request.
I.
Stream corridor management. The bed and banks of all on-site and
off-site streams and Honeoye Lake which may be impacted by land clearing,
grading, and construction activities and soil disturbance shall be
protected to prevent all soil erosion, including but not limited to
sedimentation, stream bank erosion, stream enlargement, or degradation
or loss of fisheries habitat. Measures for protecting the bed and/or
banks of a stream may include gabion baskets, riprap, log cribbing,
and vegetative measures. Native species of vegetation shall be used
for stream bank stabilization wherever practical. In undertaking stream
bank stabilization activities for protected streams and waterways,
the applicant shall comply with appropriate protection of water provisions
in Article 15 of the Environmental Conservation Law of the State of
New York available from the SMO.
Before any land development activities requiring a stormwater management permit under § 171-8B is commenced, three copies of a permit application shall have been filed with the SMO. Applications involving land development activity requiring a permit shall be reviewed and approved by the Town Planning Board as regulated by Chapter 173 for subdivision of land; and under § 200-69 for site plan approval.
For the purpose of this chapter, the following documents shall
serve as the official guides and specifications for the TSWPPP. Stormwater
management practices that are designed and constructed in accordance
with these technical documents shall be presumed to meet the standards
imposed by this law.
A.
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
B.
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
most current version or its successor, hereafter referred to as the
"Erosion Control Manual").
C.
Town of Richmond Design Criteria and Construction Specifications
for Land Development.
D.
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 Honeoye Lake.
Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 171-10, and the TSWPPP shall be prepared by a licensed professional.
A.
Maintenance and inspection during construction. The applicant or
developer of the land development activity shall at all times properly
operate and maintain systems of stormwater management and control
that are installed or used by the applicant or developer to achieve
compliance with the conditions of this chapter.
B.
The applicant or developer or their representative, one of which
must be a SWPPP trained contractor, shall be on site at all times
when soil-disturbing activity takes place and shall inspect and document
the effectiveness of all erosion and sediment control practices and
provide a copy to the Stormwater Management Officer.
