[HISTORY: Adopted by the Board of Trustees
of the Village of Larchmont 12-12-2005 by L.L. No. 6-2005. Amendments noted where
applicable.]
A.
The purpose of this article is to provide for the
health, safety, and general welfare of the citizens of the Village
of Larchmont through the regulation of non-stormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The
objectives of this article are:
(1)
To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
(2)
To prohibit illicit connections and illegal discharges
to the municipal separate storm sewer system; and
(3)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this article.
B.
This article shall be known and may be cited as the
"Illegal Discharge and Illicit Connection Law of the Village of Larchmont."
When used in this article, and unless otherwise
expressly stated or unless the context requires, the following terms
shall have the meanings indicated:
Employees or designees of the Village Building or Village
Engineering Department, as may be designated from time to time by
the Village Board of Trustees.
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 subsequent amendments thereto.
Construction projects resulting in land disturbance of one
acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
Any material, including any substance, waste, or combination
thereof, that, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in § 335-7 of this article.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface
or subsurface, that allows an illegal discharge to enter the storm
drainage system, including but not limited to any conveyances that
allow any non-stormwater discharge including sewage, process wastewater,
and wash water to enter the storm drainage system and any connections
to the storm drainage 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; or
Any drain or conveyance connected from a commercial
or industrial land use to the storm drainage system that has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR Section 122.26 (b)(14).
A permit issued by the EPA [or by New York State under authority
delegated pursuant to 33 USC § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general area-wide
basis.
Any discharge to the storm drainage system that is not composed
entirely of stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities through which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and/or drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document that describes the best management practices and
activities to be implemented by a person or business to identify sources
of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems, and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water generated
on any developed and undeveloped lands and entering the storm drainage
system unless explicitly exempted by an authorized enforcement agency.
The authorized enforcement agency shall administer,
implement, and enforce the provisions of this article. The authorized
enforcement agency may delegate any powers granted or duties imposed
herein.
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.
The standards set forth herein and promulgated
pursuant to this article are minimum standards; therefore, this article
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution, nor unauthorized discharge
of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged
into the municipal storm drainage system or watercourses any materials,
including but not limited to pollutants or wastewaters containing
any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater.
(2)
The commencement, conduct or continuance of any illegal
discharge to the storm drainage system is prohibited except as described
as follows:
(a)
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air conditioning condensation, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one PPM chlorine), fire-fighting
activities, and any other water source not containing pollutants.
(b)
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(c)
Dye testing is an allowable discharge, but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(d)
The prohibition shall not apply to any non-stormwater
discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority
of the Federal Environmental Protection Agency, 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 storm
drainage system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
(2)
This prohibition expressly includes, without limitation,
any connections made in the past and now illicit under the provisions
of this article, 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 MS4,
or allows such a connection to continue.
A.
Suspension due to illegal discharges in emergency
situations. The authorized enforcement agency may, without prior notice,
suspend MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge that presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
B.
Suspension due to the detection of illegal discharge.
Any person discharging to the MS4 in violation of this article may
have his/her MS4 access terminated if such termination would abate
or reduce an illegal discharge. The authorized enforcement agency
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the authorized enforcement agency for a
reconsideration and hearing.
C.
A person commits an offense if, without the prior
approval of the authorized enforcement agency, the person reinstates
MS4 access to premises terminated pursuant to this section.
Any person subject to an industrial or construction
activity NPDES 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 authorized enforcement agency prior to
the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities
that have stormwater discharges associated with industrial activity,
including construction activity.
B.
Access to facilities.
(1)
The authorized enforcement agency 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 force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement
agency ready access to all parts of the premises for the purposes
of inspection, sampling, examination and copying of records that must
be kept under the conditions of an NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and
federal law.
(3)
The authorized enforcement agency shall have the right
to set up on any permitted facility such devices as are necessary
in the opinion of the authorized enforcement agency to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to
require the discharger to install monitoring equipment as necessary.
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)
Any temporary or permanent obstruction to safe and
easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of
the authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement
agency access to a permitted facility is a violation of a stormwater
discharge permit and of this article. A person who is the operator
of a facility with a NPDES permit to discharge stormwater associated
with industrial activity commits an offense if the person denies the
authorized enforcement agency reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required
by this article.
(7)
If the authorized enforcement agency 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, or to protect the overall public health, safety, and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
The authorized enforcement agency will promulgate,
subject to approval of the Planning Board, requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the storm drainage system, or waters of the U.S. The owner or operator
of a commercial or industrial establishment shall provide, at its
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drainage system
or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises that
is, or may be, the source of an illegal discharge may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the NPDES permit.
Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
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 that is resulting or
may result in illegal discharges or pollutants discharging into stormwater,
the storm drainage system, or water of the U.S., 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 nonhazardous materials, said person shall notify
the authorized enforcement agency in person or by phone or facsimile
no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to
the Village Building Inspector and Village Mayor within three business
days of the phone 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 and shall
be made available to the authorized enforcement agency upon request
at any time.
A.
Notice of violation. Whenever the authorized enforcement
agency finds that a person has violated a prohibition or failed to
meet a requirement of this article, the authorized enforcement agency
may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or illegal
discharges;
(3)
That violating discharges, practices, or operations
shall cease and desist;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation
costs; and
(6)
The implementation of source control or treatment
BMPs.
B.
If abatement of a violation and/or restoration of
affected property 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.
Any person receiving a notice of violation may
appeal the determination to the Village Planning Board. The notice
of appeal must be received by the Village Clerk within 10 days from
the date of the notice of violation. Hearing on the appeal before
the appropriate authority or his/her designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision
of the Village Planning Board shall be final.
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 10 days of the decision of the Village
Planning Board upholding the decision of the authorized enforcement
agency, then representatives of the authorized enforcement agency
shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
government agency or designated contractor to enter upon the premises
for the purposes set forth above.
Within 10 days after abatement of the violation,
the owner of the property will be notified of the cost of abatement,
including administrative costs. The property owner may file a written
protest objecting to the amount of the assessment within 10 days of
receipt of said notice. If the amount due is not paid within a timely
manner as determined by the decision of the municipal authority or
by the expiration of the time in which to file an appeal, the charges
shall become a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment. Any person
violating any of the provisions of this article shall become liable
to the Village by reason of such violation. The liability shall be
paid in not more than 12 equal payments. Interest at the rate of 8%
per annum shall be assessed on the balance beginning on the 40th day
following discovery of the violation.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
article. If a person has violated or continues to violate the provisions
of this article, the authorized enforcement agency may petition for
a preliminary or permanent injunction restraining the person from
activities that would create further violations or compelling the
person to perform abatement or remediation of the violation.
In lieu of enforcement proceedings, penalties,
and remedies authorized by this article, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
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.
A.
Any person who has violated or continues to violate
this article shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of $250
per violation per day and/or imprisonment for a period of time not
to exceed 15 days.
B.
The authorized enforcement agency may recover all
attorney's fees court costs and other expenses associated with enforcement
of this article, including sampling and monitoring expenses.
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.
A.
Findings of fact. It is hereby determined that:
(1)
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;
(2)
This stormwater runoff contributes to increased quantities
of water-borne pollutants, including siltation of aquatic habitat
for fish and other desirable species;
(3)
Clearing and grading during construction tends to
increase soil erosion and add to the loss of native vegetation necessary
for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
baseflow;
(6)
Substantial economic losses can result from these
adverse impacts on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff from land development activities;
(8)
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; and
(9)
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.
B.
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village of Larchmont and to address the findings of fact in Subsection A of this section. This article seeks to meet those purposes by achieving the following objectives:
[Amended 1-24-2011 by L.L. No. 1-2011]
(1)
Meet
the requirements of minimum measures 4 and 5 of the NYS Department
of Environmental Conservation State Pollutant Discharge Elimination
System (SPDES) General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No.GP-0-10-002, or
as amended, revised, or replaced;
(2)
Require
land development activities to conform to the substantive requirements
of the NYS Department of Environmental Conservation SPDES General
Permit for Construction Activities, Permit No. GP-0-10-001, or as
amended, revised or replaced;
(3)
Minimize
increases in stormwater runoff from land development activities in
order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion, and to maintain the integrity of stream channels;
(4)
Minimize
increases in pollution caused by stormwater runoff from land development
activities that would otherwise degrade local water quality;
(5)
Minimize
the total annual volume of stormwater runoff that flows from any specific
site during and following development to the maximum extent practicable;
(6)
Reduce
stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stormwater management practices
to ensure that these management practices are properly maintained,
and to eliminate threats to public safety; and
(7)
Require the use of green infrastructure practices to control stormwater
runoff such as protecting natural areas, reducing impervious cover,
and runoff reduction techniques to the maximum extent practicable
for land development activities that would result in a certain net
increase in impervious coverage; for all other land development activities,
encourage the use of green infrastructure practices to the maximum
extent practicable.
[Amended 11-21-2016 by L.L. No. 8-2016]
C.
Statutory authority. In accordance with Article 10
of the Municipal Home Rule Law of the State of New York, the Village
of Larchmont Board of Trustees has the authority to enact local laws
and amend local laws and for the purpose of promoting the health,
safety or general welfare of the Village of Larchmont and for the
protection and enhancement of its physical environment. The Village
Board of Trustees of the Village of Larchmont may include in any such
local law provisions for the appointment of any municipal officer,
employee, or independent contractor to effectuate, administer and
enforce such local law.
D.
Applicability.
(2)
The Stormwater Management Officer, as designated by the Village Board of Trustees, shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable board or agency. The Stormwater Management Officer and reviewing board of agency may a) review the plans or b) if the Stormwater Officer or reviewing board or agency deems it necessary or appropriate, engage the services of an appropriate consultant to review the plans, specifications and related documents, and the applicant shall bear the actual expense thereof, fund an escrow account as set forth in § 381-98 of the Village Code, and be bound by the provisions of § 381-98. The Stormwater Management Officer may delegate any powers granted or duties imposed by this article.
[Amended 11-21-2016 by L.L. No. 8-2016]
(3)
All land development activities subject to review
and approval by the Village of Larchmont Planning Board, Zoning Board
of Appeals or Board of Trustees shall be reviewed subject to the standards
contained in this article.
(4)
All land development activities not subject to review as stated in § 335-23D(3) shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this article.
E.
Exemptions. The following activities shall be exempt
from review under this article:
(1)
Agricultural activity as defined in this article.
(2)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(3)
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.
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Larchmont on or before the effective
date of this article.
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this article.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles.
(9)
Emergency activity immediately necessary to protect
life, property or natural resources.
(10)
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.
Unless otherwise expressly stated or unless
the context requires, the following terms used in this article or
in documents prepared or reviewed under this article shall have the
meanings indicated:
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.
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 person who undertakes land development activities.
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.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation, rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, tress and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
[Added 1-24-2011 by L.L. No. 1-2011]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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 500 square feet, or activities disturbing
less than 500 square feet 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.
[Amended 11-21-2016 by L.L. No. 8-2016]
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.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
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.
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.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed Professional Engineer,
Certified Professional in Erosion and Sediment Control (CPESC), or
a Registered Landscape Architect, or someone working under the direct
supervision of, and in the same company as, the licensed Professional
Engineer or Registered Landscape Architect, provided that person has
training in the principles and practices of erosion and sediment control.
[Added 1-24-2011 by L.L. No. 1-2011]
The replenishment of undergroundwater 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.
[Amended 1-24-2011 by L.L. No. 1-2011]
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.
[Amended 1-24-2011 by L.L. No. 1-2011]
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.
An employee or officer designated by the Village Board of
Trustees 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.
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 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 undergroundwaters), that are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons that
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water that 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.
An employee from the contracting or construction company
who has received four hours of Department-endorsed training in proper
erosion and sediment control principles. After receiving the initial
training, the trained contractor shall receive four hours of training
every three years. "Trained contractor" may also mean an employee
from the contracting or construction company that meets the qualified
inspector qualifications.
[Added 1-24-2011 by L.L. No. 1-2011]
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.
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 the specifications
in this article.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall conform to the Design Manual and
provide the following background information and erosion and sediment
controls:
[Amended 11-21-2016 by L.L. No. 8-2016]
(a)
Background information about the scope of the
project, including location, type and size of project;
(b)
Site map/construction drawing(s) 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 water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s);
(c)
Description of the soil(s) present at the site;
(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 close-out;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) 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)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(m)
Name(s) of the receiving water(s);
(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; and
(p)
Any existing data that describes the stormwater
runoff at the site.
(q)
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;
(r)
Any existing data that describes the stormwater runoff at the
site;
(s)
Explanation with calculations of anticipated earthwork quantities;
(t)
Comparison of pre-construction impervious coverage area to post-construction
impervious coverage area;
(u)
Description and documentation of any existing and/or proposed
green infrastructure practices; and
(2)
Land development activities as defined in § 335-24 and meeting Condition A or B below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 335-25B(3) 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 1/2 acre or more.
[Amended 11-21-2016 by L.L. No. 8-2016]
(3)
SWPPP requirements for Conditions A and B:
(a)
All information in § 335-25B(1);
(b)
Description of each post-construction stormwater
management practice, including documentation of the planning process
for stormwater management using green infrastructure as outlined in
the Design Manual.
[Amended 1-24-2011 by L.L. No. 1-2011; 11-21-2016 by L.L. No. 8-2016]
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each post-construction stormwater
management practice, including green infrastructure.
[Amended 11-21-2016 by L.L. No. 8-2016]
(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, including a comparison study of both
peak runoff rates and total runoff volume;
[Amended 11-21-2016 by L.L. No. 8-2016]
(f)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
(g)
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, and such easements shall be recorded on the plan and shall
remain in effect with transfer of title to the property; and
(4)
SWPPPs for land development activities as defined in § 335-24 that will result in a net increase in the site's impervious coverage of 100 square feet or more shall contain documentation of the planning process for stormwater management using green infrastructure as outlined in the Design Manual, and documentation of the green infrastructure to be included and its conformance to the Unified Stormwater Sizing Criteria within the Design Manual.
[Added 11-21-2016 by L.L.
No. 8-2016]
C.
Plan certification. Unless otherwise permitted or prohibited by the
current SPDES permit, the SWPPP shall be prepared by a registered
landscape architect, certified professional in erosion and sediment
control (CPESC), or licensed professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meets the requirements
in this article.
[Amended 11-21-2016 by L.L. No. 8-2016]
D.
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.
E.
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 statement(s) shall become part of
the SWPPP for the land development activity.
F.
On-site SWPPP retention. 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.
A.
All land development activities shall be subject to
the performance and design criteria set forth in this section.
B.
Technical standards. 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, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
C.
Water quality standards. No land development activity
shall 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.
[Amended 1-24-2011 by L.L. No. 1-2011]
(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) that 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 their representative, one of whom must be
a trained contractor, 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 every seven days and within 24 hours of
any storm event producing 0.5 inch of precipitation or more in a twenty-four
hour period. The reports shall be delivered to the Stormwater Management
Officer and copied to the site log book.
(3)
For land development activities as defined in § 335-24 and meeting Condition A or B in § 335-25B, the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Inspection reports shall be maintained in a site log book.
(4)
Construction
activities disturbing five acres or more at any one time shall be
inspected by a qualified inspector twice every seven days.
(5)
All subsurface stormwater management practices and facilities shall
be inspected by a qualified inspector prior to backfill.
[Added 11-21-2016 by L.L.
No. 8-2016]
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 Village
of Larchmont to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by this article. The easement shall be recorded by the grantor in
the office of the County Clerk after approval by the counsel for the
Village of Larchmont.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall operate and maintain the stormwater management
practices 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; and
[Amended 11-21-2016 by L.L. No. 8-2016]
A.
Notwithstanding any of the foregoing, any applicant for any demolition or building permit shall be required to offset by on-site retention the increase in the rate of peak stormwater runoff from the proposed development from, at a minimum, the fifty-year design storm or, if the site disturbance is greater than one acre, from the one-hundred-year design storm, all in accordance with New York State Department of Environmental Conservation stormwater management requirements. As part of an application for a demolition or building permit, all applicants shall demonstrate the no net increase in stormwater runoff through analysis using the SCS Curve Number or Rational Method. Due to site constraints, sensitive areas, or areas requiring more caution due to issues such as existing flooding, density, or congestion, the Stormwater Management Officer may waive certain provisions of this § 335-28 or require enhanced mitigation of stormwater runoff.
B.
Exceptions.
(1)
This § 335-28A shall not apply to sites with less than 500 square feet of site disturbance where it is demonstrated that there is no change in total runoff volume and peak flow.
(2)
When the Stormwater Management Officer finds that
the increase cannot be offset satisfactorily by on-site retention,
he/she may permit the increment of the increase which cannot be retained
("increment") to be carried away by the land's natural drainage, provided
that such Increment will not impair the permitted use or development
of those lands over or onto which such water will naturally flow.
(3)
When the Stormwater Management Officer finds that
the increase cannot be offset satisfactorily by on-site retention,
he/she may permit such increment to be discharged into an existing
Village stormwater facility, provided that applicant has established
that the Village facility has sufficient capacity. Where he/she determines
it to be necessary, the Stormwater Management Officer shall require
the installation of water quality improvement measures prior to such
connection. The Stormwater Management Officer may waive or reduce
any of the requirements of this section if he/she determines that
such existing Village stormwater facility is of adequate size, and
will discharge surface water runoff directly to Long Island Sound,
the East Creek, or the Premium River without adversely affecting drainage
from any other area.
If the provisions of any section, subsection,
paragraph, subdivision or clause of this article shall be judged invalid
by a court of competent jurisdiction, such order or judgment shall
not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this article.
