[HISTORY: Adopted by the Town Board of the Town of Farmington 6-27-2018 by L.L. No. 5-2018. Amendments noted where applicable.]
This chapter shall be known as the "Town of Farmington Separate
Storm Sewer System (MS4) Phase II stormwater management requirements
of the National Pollutant Discharge Elimination System (NPDES) regulations,
administered by New York State through the State Pollutant Discharge
Elimination System (SPDES) regulations."
The following terms, as used in this chapter, shall have the
meanings indicated:
The activity of an active farm, including grazing and wetting
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 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.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water.
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 on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
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.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
Upon completing a review of the project stormwater pollution
prevention plan (SWPPP), the Stormwater Management Program Coordinator
is to sign this form approving and accepting the SWPPP for the project.
This form is to be inserted into the project SWPPP.
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.
A form used to apply for coverage from the New York State
Department of Environmental Conservation under the SPDES General Permit
for Stormwater Discharges from Construction Activities. All land development
activity (construction activities or otherwise) which would result
in the disturbance of one or more acres of land, except as exempted
by current General Permit for Stormwater Discharges from Construction
Activities, shall be required to complete this form. This form is
required to be included within the stormwater pollution prevention
plan (SWPPP) and shall be completed and submitted to the Town's Stormwater
Management Program Coordinator and Town Engineer as part of the land
development review process. The NOI form shall not be submitted to
the New York State Department of Conservation until the SWPPP and
land development plans have received final approval, and the MS4 SWPPP
acceptance form has been signed by the Stormwater Management Program
Coordinator.
Upon completion of all construction activities which would
result in soil disturbance, completion and implementation of all required
post-construction stormwater management practices, and achieving final
stabilization (as defined in the SPDES General Permit for Stormwater
Discharges from Construction Activity), the applicant shall complete
the notice of termination (NOT) form and submit it to the Town's Stormwater
Management Program Coordinator and Town Engineer for review and approval.
Upon acceptance of the NOT by the Town, the applicant shall submit
this form to the New York State Department of Environmental Conservation.
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.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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 the Environmental
Protection Agency (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.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
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 Code Enforcement Officer, an 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.
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 nonpoint 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.
A plan document based upon guidelines accepted by the New
York State Department of Environmental Conservation (NYSDEC), prepared
by the Town's engineers and Town staff, which has been publicly
reviewed and formally adopted by the Town Board in an ongoing effort
to reduce the illicit discharge of pollutants into the groundwaters
of the Town of Farmington and the State of New York to the maximum
extent possible. The document is a living guide to achieve each of
the six minimum control measures (MCMs) as required by the NYSDEC
which is subject further to amendment based upon new information provided
by the NYSDEC. The document, upon adoption, is made part of the latest
edition of the Town of Farmington Comprehensive Plan and shall remain
as part of said plan.
[Added 4-13-2021 by L.L.
No. 8-2021]
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean with 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 water), 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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
The purpose of this chapter is to establish minimum stormwater
management requirements and regulations to enable Town control over
the review and approval of stormwater pollution prevention plans (SWPPPs)
as required by the New York State Pollutant Discharge Elimination
System (SPDES) Program during subdivision and site plan reviews and
approvals.
The objectives of this chapter are to establish minimum stormwater management requirements and soil and erosion controls to protect and safeguard the general health, safety and welfare of the public residing within the Town; and to address the findings of fact set forth by the Town's reviews of subdivision plats and site plans as further required in Chapters 144 and 165 of the Town Code. This chapter seeks to achieve the following objectives:
A.
Meet the requirements of minimum measures four and five of the SPDES
General Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-0-15-003, as amended or revised;
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation's
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-0-15-002, as amended or revised;
C.
Minimize increases in stormwater runoff from land development activities
in order to reduce flooding, siltation, increases in stream temperature
and streambank erosion and maintain the integrity of stream channels;
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities that would otherwise degrade local water
quality;
E.
Minimize the total annual volume of stormwater runoff that flows
from any specific site during and following development to the maximum
extent practicable; and
F.
Reduce stormwater runoff rates and volumes, 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.
A.
This chapter shall be applicable to all land development activities
as defined elsewhere in the Town Code.
B.
The Town Code Enforcement Officer (CEO) is hereby designated as the
Town Stormwater Management Program Coordinator. The CEO shall accept
and review all stormwater pollution prevention plans and forward such
plans to the applicable municipal board. The Stormwater Management
Program Coordinator may:
(1)
Review the plans;
(2)
Upon approval by the Town Board of the Town of Farmington, engage
the services of a registered professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
(3)
Accept the certification of a licensed professional that the plans
conform to the requirements of this chapter.
C.
All land development activities subject to review and approval by
the Town of Farmington Planning Board under subdivision, site plan,
and/or special permit regulations shall be reviewed subject to the
standards contained in this chapter.
D.
All land development activities not subject to review and approval, as stated in Subsection C, shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Program Coordinator, who shall approve the SWPPP if it complies with the requirements of this chapter.
The following activities may be exempt from review under this
chapter:
A.
Agricultural activity as defined in this chapter.
B.
Silvicultural activity, except that landing areas and log haul roads
are subject to this chapter.
C.
Routine maintenance activities that disturb fewer than five acres
and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a stormwater management facility.
D.
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Program Coordinator.
E.
Any part of a subdivision if a plat for the subdivision has been
approved by the Town of Farmington on or before the effective date
of this chapter.
F.
Land development activities for which a building permit has been
approved on or before the effective date of this chapter.
G.
Cemetery graves.
H.
Installation of fence, sign, telephone and electric poles and other
kinds of posts or poles.
I.
Emergency activity immediately necessary to protect life, property
or natural resources.
J.
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
K.
Landscaping and horticultural activities in connection with an existing
structure.
A.
Stormwater pollution prevention plan requirement.
No application for approval of a land development activity shall be
reviewed until the appropriate board has received a stormwater pollution
prevention plan (SWPPP) prepared in accordance with specifications
in this chapter and the latest adopted edition of the Town of Farmington
stormwater management program plan (SWMP plan).
[Amended 4-13-2021 by L.L. No. 8-2021]
B.
Contents of stormwater pollution prevention plans (SWPPPs).
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)
Background information about the scope of the project, including
location, type and size of project.
(b)
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; wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
locations of the stormwater discharges.
(c)
Description of the soils present at the site and soils mapping.
(d)
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.
(e)
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.
(f)
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.
(g)
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project closeout.
(h)
A site map/construction drawing specifying the locations, sizes
and lengths of each erosion and sediment control practice.
(i)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins.
(j)
Temporary practices that will be converted to permanent control
measures.
(k)
Implementation schedule for staging temporary erosion and sediment
control practices, including the timing of initial placement and duration
that each practice should remain in place.
(l)
Post-construction maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice.
(m)
Names of the receiving waters.
(n)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(o)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable.
(p)
Any existing data that describes the stormwater runoff at the
site.
(q)
A copy of the New York State Department of Environmental Conservation
current general permit.
(r)
A copy of a SWPPP inspection form to be used.
(s)
Copy of the approved project notice of intent (NOI) signed.
(t)
New York State Department of Environmental Conservation acknowledgement
letter.
(u)
Copy of a blank notice of termination (NOT).
(v)
Town of Farmington five-acre waiver form to be completed and
signed (if waiver is being requested).
(w)
Owner and contractor certification forms signed.
(x)
New York State Department of Environmental Conservation erosion
and sediment control training certification cards for the identified
individuals who will be on site at all times.
(2)
Notice of intent (NOI). All land development applications involving
the disturbance of one or more acres of land shall be required to
complete an NOI on forms provided by the New York State Department
of Environmental Conservation (NYSDEC) and submit said form to the
Regional Office of the NYSDEC with a copy thereof provided to the
CEO.
(3)
Prior to issuance of any site disturbance permits, the CEO shall
receive a NYSDEC acknowledgement letter approving the general permit
for the construction activities.
(4)
Land development activities, as defined elsewhere in the Town Code and meeting Condition A, B or C in Subsection B(4)(a), (b) or (c) below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(5) below as applicable:
(a)
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water, identified
on the Department's 303(d) list of impaired waters, or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(5)
(b)
Description of each post-construction stormwater management
practice;
(c)
Site map/construction drawings showing the specific locations
and sizes of each post-construction stormwater management practice;
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
(f)
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)
Post-construction maintenance schedule to ensure continuous
and effective operation of each post-construction stormwater management
practice;
(h)
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
recorded upon the plans shall also be recorded in the Ontario County
Clerk's office and shall remain in effect with transfer of title to
the property. The liber and page of any easement shall be provided
to the Town Development office for filing with the property records;
(i)
Inspection and maintenance agreement binding upon all subsequent
landowners served by the on-site stormwater management measures in
accordance with these regulations;
(j)
For land development activities meeting the conditions specified
above herein, the SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this chapter.
C.
Other environmental permits. The applicant shall assure that all
other applicable environmental permits have been, or will be, acquired
for the land development activity prior to approval of the final stormwater
design plan.
D.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the
terms and conditions of the stormwater pollution prevention plan.
I also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
(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 SWPPP for the
land development activity.
E.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, 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 chapter:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
November 2016, most current version or its successor, hereafter referred
to as the "Erosion Control Manual") (Blue Book).
B.
Equivalence to technical standards. 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 Subsection A herein, and the SWPPP shall be prepared by a New York State licensed professional engineer.
C.
Shall meet all standards contained in the latest adopted
edition of the Town of Farmington stormwater management program plan
(SWMP plan).
[Added 4-13-2021 by L.L.
No. 8-2021]
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.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity or his
or her representative 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 chapter. 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 their representatives shall be on site
at all times when construction or grading activity takes place and
shall inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed in compliance
with the NYSDEC General Permit requirements. The reports shall be
delivered to the Stormwater Management Program Coordinator and also
copies to the site log book.
B.
Maintenance easements. Prior to the issuance of any approval that
has a stormwater management facility as one of the requirements, the
applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility, at reasonable times, for periodic inspection by the Town
of Farmington to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the Counsel
for the Town of Farmington. A copy of the liber and page of the filing
shall be provided to the Town Development office.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices, installed in accordance with this
chapter, shall ensure they are operated and maintained to achieve
the objectives of this chapter. 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 objectives
of this chapter;
(2)
Written procedures for operation and maintenance and training new
maintenance personnel;
(3)
Discharges from the SMPs shall not exceed design criteria, or cause
or contribute to water quality standard violations, in accordance
with these regulations.
D.
Maintenance agreements. The Town of Farmington shall approve a formal
maintenance agreement for stormwater management facilities, binding
upon all subsequent landowners, and recorded in the office of the
County Clerk, as a deed restriction upon the property prior to issuance
of either a certificate of compliance or certificate of occupancy
by the Town Code Enforcement Officer. The maintenance agreement shall
be consistent with the terms and conditions of the forms ST-1 through
ST-8, as contained in the Appendices of the adopted Town of Farmington
Site Design and Development Criteria, as may be amended from time
to time by the Town Board. The Town of Farmington, in lieu of a maintenance
agreement, at its sole discretion, may accept dedication of any existing
or future stormwater management facility, provided such facility meets
all the requirements of this chapter and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
E.
Notice of termination (NOT). Once a land development project has
achieved final stabilization in accordance with the general permit
and SWPPP, then the NYSDEC NOT form shall be completed by the applicant
and submitted to the CEO for his review and acceptance. Upon such
acceptance, the CEO shall sign the NOT form and provide signed copies
thereof to the Region 8 office of the NYSDEC, the applicant and a
file copy for the Town Development office. The owner or developer
will send the NOT to the Albany office of the NYSDEC.
F.
Shall meet all standards contained in the latest adopted
edition of the Town of Farmington stormwater management program plan
(SWMP plan).
[Added 4-13-2021 by L.L.
No. 8-2021]
A.
Construction inspection.
(1)
Erosion and sediment control inspection.
(a)
The Town of Farmington Stormwater Management Program Coordinator
may require such inspections as necessary to determine compliance
with this chapter 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 chapter and the stormwater pollution
prevention plan (SWPPP) as approved. To obtain inspections, the applicant
shall notify the Town of Farmington CEO at least 48 hours before any
of the following:
[1]
Start of construction;
[2]
Installation of sediment and erosion control measures;
[3]
Completion of site clearing;
[4]
Completion of rough grading;
[5]
Completion of final grading;
[6]
Close of the construction season;
[7]
Completion of final landscaping; and
[8]
Successful establishment of landscaping in public areas.
(b)
If any violations are found, the applicant and developer shall
be notified, in writing, by the Stormwater Management Program Coordinator
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 Program Coordinator.
(2)
Stormwater management practice inspections. The Town of Farmington
Stormwater Management Program Coordinator is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as-built plans to the Stormwater Management
Program Coordinator for any stormwater management practices located
on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a New York State licensed professional engineer.
(3)
Inspection of stormwater facilities after project completion. Inspection
programs shall be established on any reasonable basis, including but
not limited to routine inspections; random inspections; inspections
based upon complaints or other notice of possible violations; inspection
of drainage basins or areas identified as higher-than-typical sources
of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher-than-usual discharges
of contaminants or pollutants or with discharges of a type which are
more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater
permit; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include but are not
limited to reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities
and other stormwater management practices.
(4)
Submission of reports. The Town of Farmington Stormwater Management
Program Coordinator may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
(5)
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 Farmington the right to enter the property, at reasonable times and in a reasonable manner, for the purpose of inspection as specified in Subsection A(3) above.
(6)
Shall meet all standards contained in the latest adopted
edition of the Town of Farmington stormwater management program plan
(SWMP plan).
[Added 4-13-2021 by L.L.
No. 8-2021]
B.
Performance guarantee.
(1)
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Farmington in its approval of the stormwater pollution prevention plan (SWPPP), the Town of Farmington may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution that guarantees satisfactory completion of the project and names the Town of Farmington as the beneficiary. The security shall be in an amount to be determined by the Town of Farmington, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Farmington, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Farmington. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. Release of the performance bond, cash escrow, or irrevocable letter of credit shall be accomplished in the manner set forth in § 144-32 of the Town Code, entitled "Town of Farmington Subdivision and Development of Land Regulations."
(2)
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Farmington with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Farmington
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Town of Farmington may require entities subject
to this chapter to maintain records demonstrating compliance with
this chapter.
A.
Notice of violation. When the Town of Farmington determines that
a land development activity is not being carried out in accordance
with the requirements of this chapter, the Code Enforcement Officer
may issue a written notice of violation to the landowner. The notice
of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with the provisions of this chapter
and a time schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed; and
(6)
A statement that the determination of violation may be appealed to
the Town Board by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work order. The Code Enforcement Officer may issue a stop-work
order for violations of this chapter. 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 Farmington
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
provided for in New York Town Law.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to the provisions of this chapter may be restrained
by injunction or otherwise abated in a manner provided by law.
If any building or land development activity is installed or
conducted in violation of this chapter, the Code Enforcement Officer
may prevent the issuance of said building or use of said land.
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 Farmington may take necessary
corrective action, the cost of which shall become a lien upon the
property until paid.
The Town of Farmington may require any person undertaking land
development activities regulated by this chapter to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections or SMP
maintenance performed by the Town of Farmington or performed by a
third party for the Town of Farmington.