[HISTORY: Adopted by the Town Board of the
Town of Marbletown 1-15-2008 by L.L. No. 1-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 115.
Subdivision of land — See Ch. 169.
Zoning — See Ch. 200.
[1]
Editor's Note: This chapter was originally
designated to be added as Chapter 116, but was renumbered to maintain
the organization of the Code. The Town Board authorized this renumbering
4-1-2008 by Res. No. 35-2008.
It is hereby determined that:
A.
Land development activities and associated increases
in site impervious cover often alter the hydrologic response of local
watersheds and increase stormwater runoff rates and volumes, flooding,
stream channel erosion, or sediment transport and deposition.
B.
This stormwater runoff contributes to increased quantities
of waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species.
C.
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat.
D.
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation.
E.
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow.
F.
Substantial economic losses can result from these
adverse impacts on the waters of the municipality.
G.
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities.
H.
The regulation of stormwater runoff discharges from
land development activities in order to control and minimize increases
in stormwater runoff rates and volumes, soil erosion, stream channel
erosion, and nonpoint source pollution associated with stormwater
runoff is in the public interest and will minimize threats to public
health and safety.
I.
Regulation of land development activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
The purpose of this chapter[1] is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 167-1 hereof. This chapter[2] seeks to meet those purposes by achieving the following
objectives:
A.
Meet the requirements of minimum measures 4 and 5
of the State Pollutant Discharge Elimination System (SPDES) General
Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B.
Require land development activities to conform to
the substantive requirements of the New York State Department of Environmental
Conservation SPDES General Permit for Construction Activities, or
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 which would otherwise degrade
local water quality;
E.
Minimize the total annual volume of stormwater runoff
which 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.
B.
The Town of Marbletown shall accept and review all
stormwater pollution prevention plans. The applicable Board may engage
the services of a registered professional engineer to review the plans,
specifications and related documents or accept the certification of
a licensed professional that the plans conform to the requirements
of this chapter.[2]
C.
All land development activities subject to review
and approval by the applicable Board of the Town of Marbletown under
(subdivision, site plan, and/or special permit) regulations shall
be reviewed subject to the standards contained in this chapter[3] and in the Town of Marbletown Zoning and Subdivision Laws.
The following activities may be exempt from
review under this chapter:[1]
B.
Silvicultural activity, except that landing areas
and log haul roads are subject to review under this chapter.
C.
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility.
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Town Engineer and Building Inspector.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Town of Marbletown 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, vegetable 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.
Erosion and sediment control inspection.
(1)
The applicable reviewing Board of the Town of Marbletown
may require such inspections as necessary to determine compliance
with this chapter[1] 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 Code Enforcement Officer at least 48 hours before
any of the following as required by the applicable board:
(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 applicable
Board and the Code Enforcement Officer.
B.
Stormwater management practice inspections. The Town
of Marbletown Code Enforcement Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants
are required to submit as built plans for any stormwater management
practices located on site after final construction is completed. The
plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project
completion. Inspection programs shall be established on any reasonable
basis, including but not limited to: routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher-than-typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher-than-usual
discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are
not limited to: reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in drainage
control facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
D.
Submission of reports. The applicable reviewing Board
of the Town of Marbletown may require monitoring and reporting from
entities subject to this chapter[2] as are necessary to determine compliance with this chapter.
E.
Right-of-entry for Inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Marbletown the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 167-5C.
A.
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town of
Marbletown in its approval of the stormwater pollution prevention
plan, the Town of Marbletown 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 which guarantees satisfactory completion of the project
and names the Town of Marbletown as the beneficiary. The security
shall be in an amount to be determined by the Town of Marbletown 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 Marbletown,
provided that such period shall not be less than one year from the
date of final acceptance or such other certification that the facility(ies)
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the facility(ies)
have been found to be acceptable to the Town of Marbletown. Per annum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management
and erosion and sediment control facilities are to be operated and
maintained by the developer or by a corporation that owns or manages
a commercial or industrial facility, the developer, prior to construction,
may be required to provide the Town of Marbletown 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 Marbletown
may draw upon the account to cover the costs of proper operation and
maintenance, including engineering and inspection costs.
A.
B.
Stop-work orders. The Town of Marbletown may issue
a stop-work order for violations of this chapter.[2] 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 Marbletown 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 Chapters 99 and 167 of the Marbletown Code.
C.
Violations. Any land development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law, or prosecuted in accordance with Chapter 99 of the Marbletown Code.
D.
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this chapter[3] 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. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
E.
Withholding of certificate of occupancy. If any building
or land development activity is installed or conducted in violation
of this chapter,[4] the Town Code Enforcement Officer may prevent the occupancy
of said building or land.
F.
Restoration of lands. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the Town
of Marbletown may take necessary corrective action, the cost of which
shall become a lien upon the property until paid.
