[HISTORY: Adopted by the Town Board of the Town of North Salem 3-27-2007 by L.L. No. 3-2007; amended in its entirety 12-26-2007 by L.L. No. 8-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES193a Schedule A 193b Schedule B
Flood damage prevention — See Ch. 100.
Freshwater wetlands — See Ch. 107.
Sand and gravel excavation and tree removal — See Ch. 189.
Stormwater: illicit discharge detection and elimination — See Ch. 194.
Subdivision of land — See Ch. 200.
Zoning — See Ch. 250.
This chapter shall be known as the "Stormwater Law" of the Town of North Salem.
It is hereby determined that:
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, and sediment transport and deposition.
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species.
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
Improper design and construction of stormwater management practices (SMPs) can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation.
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow.
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
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.
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 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 § 193-2 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the New York State Department of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit GP-02-02, or as amended or revised.
Require land development activities to conform to the substantive requirements of the NYSDEC SPDES General Permit for Construction Activities Permit GP-02-01, or as amended or revised.
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.
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL OPERATION
- See "farming operation."
- 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, or extension thereof or addition thereto, having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of any persons, animals or property.
- 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.
- CONTROLLED AREA
- Areas regulated in accordance with the Code of the Town of North Salem, Chapter 107, or the most current version of the Town's freshwater wetlands regulations, including wetlands and their adjacent land areas, as defined in the regulations.
- The deliberate appropriation of property by its owner for general public use.
- DESIGN MANUAL
- The most recent version of 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.
- EROSION CONTROL MANUAL
- The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
- FARMING OPERATION
- Any operation on a parcel of land, not less than four acres, that is used for soil-dependent cultivation of agricultural crop production and/or the raising of livestock, poultry or dairy products, raising of fur-bearing animals, the keeping of horses and livery or boarding stables. It excludes riding academies and dog kennels.
- Excavation or fill of material, including the resulting conditions thereof.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water, including gravel surfaces (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
- INDUSTRIAL STORMWATER PERMIT
- 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.
- JURISDICTIONAL WETLAND
- 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." This includes any area that meets the definition of wetlands according to the Town's freshwater wetlands regulations.
- LAND DEVELOPMENT ACTIVITY
- Construction activity, including clearing, grubbing, grading,
excavating, soil disturbance or placement of fill.[Amended 3-24-2009 by L.L. No. 2-2009]
- 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.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
- NONPOINT SOURCE POLLUTION
- Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
- The 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.
- POLLUTANT OF CONCERN
- 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.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.
- SENSITIVE AREAS
- Coldwater fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special concern species.
- SILVICULTURAL ACTIVITY
- The cultivation of forest trees and forestry, including timber harvesting, logging and forest management.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- 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.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
- The use of practices that prevent exposed soil from eroding.
- STOP-WORK ORDER
- An order issued which requires that all land development activity and/or construction activity on a site be stopped.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER HOTSPOT
- 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.
- STORMWATER MANAGEMENT
- 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.
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
- STORMWATER MANAGEMENT OFFICER (SMO)
- An employee or officer designated by the municipality to accept, and review and approve stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. Plan reviews and site inspections may be delegated to a consulting engineer and/or a consultant paid for through the applicant's escrow account; however, a municipal employee or board member must make the final approval.
- STORMWATER MANAGEMENT PRACTICES (SMPs)
- 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.
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
- STORMWATER RUNOFF
- Flow on the surface of the ground resulting from precipitation.
- SURFACE WATERS OF THE STATE OF NEW YORK
- Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
- A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. This includes any area that meets the definition of a watercourse according to the Town's freshwater wetlands regulations.
- A channel that directs surface runoff to a watercourse or to the public storm drain. This includes any area that meets the definition of a waterway according to the Town's freshwater wetlands regulations.
This chapter shall be applicable to the following, unless exempted as set forth in § 193-6 of this chapter:
[Amended 3-24-2009 by L.L. No. 2-2009]
Any land development activity as defined in § 193-4 of this chapter that results in land disturbance of equal to or greater than 5,000 square feet;
Land development activities disturbing less than 5,000 square feet of total land area that are 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 that are equal to or greater than 5,000 square feet; and
Any activity that requires review, approval and/or a permit in accordance with the Town's requirements and regulations which may authorize land-altering activities, including but not limited to filling, disturbance to wetlands, sand and gravel operations, regulated tree removal, construction and repair of streets and sidewalks, land subdivision and site development plan, regardless of the size in area of the activity, shall also be considered a land development activity for the purpose of this chapter.
The municipality shall engage the services of the Town's Consulting Engineer, Wetlands Inspector and/or other consultants, as necessary, to review all stormwater pollution prevention plans.
All land development activities subject to review and approval by the applicable officer or board of the Town of North Salem under subdivision, site development plan, and/or zoning or other requirements or regulations noted herein shall be reviewed subject to the standards contained in this chapter. The review of the stormwater pollution prevention plan (SWPPP) shall run concurrently with the procedure for review, approval and permitting under the other above noted regulations.
All land development activities not subject to review as stated in Subsection C, above, shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer (SMO) who shall review the SWPPP in consultation with the Town's Consulting Engineer and/or other consultant and in accordance with the requirements of this chapter.
The following activities shall be exempt from review under this chapter. Notification shall be submitted to and officially received by the SMO 10 days in advance of these activities.
Tilling soil for planting, or clearing to create cropland or pasture, as part of a farming or agricultural operation. All other aspects of farming operations are regulated under this chapter.
Timber harvesting, logging, forest management and other silvicultural activities, conducted under the NYSDEC Cooperating Forester Program or under a forest management plan prepared in consultation with a Watershed Forester from the Watershed Agricultural Council (WAC, http://www.nycwatershed.org/), except that landing areas and log haul roads are subject to the performance and design criteria in § 193-11 herein, but not the permitting procedures in this chapter.
Routine maintenance activities that disturb less than five acres, to be determined in consultation with the Stormwater Management Officer, and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management practice or facility deemed necessary by the Town Engineer.
Land development activities for which a building permit has been approved on or before the effective date of this chapter.
Emergency activity immediately necessary to protect life, property or natural resources.
No application for approval of a land development activity shall be reviewed until the appropriate officer or board of the Town has received a stormwater pollution prevention plan (SWPPP or SW3P) prepared in accordance with the specifications in this chapter. The submittal shall include: the appropriate application forms; fees in accordance with the Code of the Town of North Salem, Chapter 85 (or the most current fee schedule); and the plans and materials described below. The submittal shall address the SWPPP requirements and contents, below, and the performance and design criteria set forth elsewhere herein. Stormwater runoff from land development activities in North Salem may result in the discharge of a pollutant of concern (phosphorus) to either an impaired water identified on the NYSDEC's 303(d) list of impaired waters (Peach Lake) or a total maximum daily load (TMDL) designated watershed (the Croton Watershed) for which pollutants in stormwater have been identified as a source of the impairment. Therefore, erosion and sediment controls and water quantity and water quality controls (postconstruction stormwater runoff controls) must be addressed in all SWPPPs for land development activities.
All SWPPPs shall provide the following background information and erosion and sediment controls. Plans shall be at a scale no less detailed than one inch equals 50 feet and should be prepared by and bear the name, signature and seal of a professional engineer, registered architect, landscape architect or certified professional, as required by law and licensed by the State of New York. Plans prepared at larger scales, showing more detail, may be required by the Town's Consulting Engineer and/or other consultant, as necessary. Elements of such plans and related studies and materials may be prepared by other designers or technicians as authorized by law and noted on the documents submitted. The professional preparing the plan shall certify that the design of all stormwater management practices (SMPs) meets the requirements in this chapter. The following information and plans shall be provided:
Background information about the scope of the project, including location, type and size of project.
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);
Description of the soil(s) present at the site;
Construction phasing plan describing the intended sequence of construction activities, including tree removal, stumping, 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.
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;
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;
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;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
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;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
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 maximum degree attainable; and
Any existing data that describes the stormwater runoff at the site.
All SWPPPs pertaining to a land development activity disturbing one acre or more of total land area shall provide the water quantity and water quality controls (post-construction stormwater runoff controls) listed below in accordance with the same standards for plan scale and preparation required for erosion and sedimentation controls, as set forth in the section above. SWPPPs pertaining to a land development activity disturbing less than one acre may also be subject to these requirements, as determined by the SMO and/or Planning Board. The required water quantity and water quality controls are as follows:
[Amended 3-24-2009 by L.L. No. 2-2009]
Description of each postconstruction stormwater management practice;
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms. The analysis shall include tributary area maps with two-foot contours for the pre- and postdevelopment conditions;
Comparison of postdevelopment stormwater runoff conditions and peak flows for all storm events with predevelopment conditions and peak flows for all storm events;
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
Site maps must include existing topography with two-foot contours, a proposed grading plan with a limit of disturbance line and the calculated area of disturbance in acres;
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and
The appropriate officer or board of the Town responsible for the review of the SWPPP, upon written request by the applicant, may consider a waiver of specific provisions of these regulations. The written request from the applicant must include valid, practical reasoning that is substantiated for each of the provisions to be waived. The appropriate officer or board of the Town may waive specific provisions if requested provided that: in its judgement of the particular circumstances of the proposed land development activity, those provisions are not requisite in the interest of the public health, safety and general welfare; and the waiver of same will still result in an SWPPP that is consistent with the findings and purpose of this chapter as stated herein. No waiver shall be granted which would limit, reduce or impair the effectiveness of any other law applicable to the land development activity.
Any applicant proposing to conduct a land development activity that requires review under this chapter shall file a complete application, plans and materials for a permit with the Stormwater Management Officer (SMO) in accordance with the SWPPP requirements, contents and performance and design criteria set forth herein.
The submittal shall include the original application and the number of copies of all forms, plans and materials necessary as determined by the SMO's office to distribute to all reviewers, including the appropriate officer(s) or board of the Town responsible for the review of the SWPPP and any related land development or environmental approval or permit; the Town's Consulting Engineer; and any related consultant or agency. The submittal shall be organized by the applicant into identical packets containing all forms, plans and materials for each reviewer. Upon receipt of all required plans and materials and fees, the building department shall distribute to the Town Engineer and all reviewers and may send multiple packets to a reviewing board to distribute to their members.
The Town's Consulting Engineer shall review the plans and materials and provide a written report to the SMO, the appropriate officer(s) or board of the Town responsible for the review of the SWPPP, which shall be distributed to all reviewers. The Engineer's report shall indicate whether the application, plans and materials are complete for the purpose of granting approval, including performance and design criteria, and indicating what must be provided to make the application complete and properly designed. The applicant must revise and resubmit the application, plans and materials to fully address the SWPPP requirements set forth herein and the Engineer's comments. The steps of engineering review, report and application revision and resubmittal shall be repeated until the application, plans and related materials are complete and properly address the SWPPP performance and design criteria set forth herein.
Any land development activity subject to review and approval and/or permitting under the Town's requirements and regulations for fill, wetlands, sand and gravel and tree removal, streets and sidewalks, subdivision and site development plan and/or zoning requirements shall be reviewed subject to the requirements and standards contained in this chapter. The review of the stormwater pollution prevention plan (SWPPP) shall run concurrently with the procedure for review, approval and permitting under the other above-noted regulations.
An application for a SWPPP for a land development activity that involves land disturbance of five or more acres shall be referred to the Planning Board by the Town's Consulting Engineer in consultation with the SMO. The Engineer shall notify the applicant that the application has been referred to the Planning Board.
At the conclusion of the review of any land development activity subject to Planning Board review or review and approval and/or permitting under the Town's other requirements and regulations, the reviewing Town official or agency shall make a recommendation to the SMO and the Town's Consulting Engineer indicating whether the SWPPP should be: approved; approved with conditions and/or modifications; or denied. Any recommendation for denial shall provide specific reasoning for denial.
In the event that there is no other review, approval or permitting process involving the Planning Board or another reviewing Town official or agency, the Town's Consulting Engineer shall provide a written recommendation to the SMO indicating that a complete permit be: granted; granted with conditions and/or modifications; or denied. Any recommendation for denial shall provide specific reasoning for the decision.
Upon receipt of a recommendation from the Planning Board; or other appropriate officer(s) or board of the Town responsible for the review of the SWPPP; or the Town's Consulting Engineer, the SMO shall then issue a permit with or without conditions and/or modifications or issue a denial. The issuance of any denial shall include specific reasoning for the decision.
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.
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."
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.
The certification statement(s) shall become part of the SWPPP for the land development activity.
A copy of the SWPPP, including the above certifications, 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:
For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management and erosion and sedimentation control. 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 (The New York State technical guidance documents may be ordered from the NYSDEC and may be available on the NYSDEC Web site):
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").
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
Where stormwater management practices are not in accordance with the technical documents described in Subsection A above, the applicant or developer must demonstrate equivalence to the technical standards contained in these documents, and the SWPPP shall be prepared by a licensed professional.
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.
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
The applicant or developer or their representative 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. The reports shall be delivered to the SMO on a weekly basis and also copied to the site logbook.
Prior to the issuance of any approval that has a stormwater management facility, 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 be in a form acceptable to the Town Attorney and shall provide for access to the facility at reasonable times for periodic inspection by the Town of North Salem 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.
The owner or operator of permanent stormwater management practices (SMPs) installed in accordance with this chapter shall operate and maintain the stormwater management practices to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
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 chapter, as stated in § 193-3, Purpose.
Written procedures for operation and maintenance and training new maintenance personnel.
The Town of North Salem shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."
The Town of North Salem SMO may require such inspections as necessary to determine compliance with this chapter at various stages in construction to examine erosion and sediment controls and SMPs. Inspections may be conducted by the Building Department or the Town's Consulting Engineer. The person conducting inspections 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 North Salem enforcement official in writing at least 48 hours before any of the following as required by the SMO:
Start of construction;
Installation of sediment and erosion control measures;
Completion of site clearing;
Completion of rough grading;
Installation of SMPs;
Completion of final grading and stabilization of disturbed areas;
Closure of construction;
Completion of final landscaping; and
Successful establishment of landscaping in public areas.
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 SMO.
The SMO is responsible for conducting inspections of stormwater management practices (SMPs) or delegating such inspections to the Town's Consulting Engineer or other designated Town official or professional deemed necessary to assist in said inspections. All applicants are required to submit an as-built plan for any stormwater management practices and associated improvements located on site after final construction is completed. The as-built plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer and land surveyor, both of whom shall be licensed in the State of New York. The SMO shall issue a certificate of completion upon determination that all work is complete and the site is stabilized in accordance with the issued stormwater management permit and the provisions of this chapter. A certificate of completion shall be deemed valid as long as continued full conformity and compliance are maintained with the terms and conditions of an issued stormwater management permit and the provisions of this chapter.
[Amended 3-24-2009 by L.L. No. 2-2009]
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.
The SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 193-13.
In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater pollution prevention plan, the Town, or its designated representative, 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 as the beneficiary. Said document shall be in a form determined to be sufficient and acceptable to the Town Attorney. The security shall be in an amount to be determined by the Town 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, 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 facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
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 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. Said letter of credit or surety shall be in a form determined to be sufficient and acceptable to the Town Attorney. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
The Town may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
When the Town determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
The name and address of the landowner, developer or applicant;
The property's tax identification (sheet, block and lot), the address, when available, or a description of the building, structure or land upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the land development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
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
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
The Town 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 confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
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.
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter 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.
If any building or land development activity is installed or conducted in violation of this chapter, the Stormwater Management Officer may prevent the occupancy of said building or 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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.