Land Disturbance Activities and associated increases in impervious cover 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. Stormwater Runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of Stormwater Runoff from development Sites.

During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates maintenance and/or repair of sewers and ditches, and the dredging of Waterways. In addition, Clearing and/or Grading during construction tends to increase soil erosion and causes the loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a healthy living environment for citizens of the Town of Clarkson. Improper design and construction of Stormwater Management practices 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. Regulation of Land Disturbance 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.

As a result, the purpose of this local regulation is to safeguard public health, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the Town of Clarkson. It seeks to meet those purposes by achieving the following objectives:

Compliance with this article does not relieve the Applicant of the obligation and responsibility to obtain separate coverage under the NYSDEC SPDES General Permit for Construction Activities if required. For projects also applying for coverage under the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity, the Applicant shall submit a copy of the Stormwater Pollution Prevention Plan (SWPPP), a notice of intent (NOI) with a certification statement including the date demonstrating submission to the NYSDEC, a letter of permission from the NYSDEC granting approval to disturb five acres or greater of land at one time (if applicable) and any related documents to the Stormwater Management Officer for review and approval.

The requirements of this article should be considered minimum requirements and where any provision of this article imposes restrictions different from those imposed by any other federal, state, or local ordinance, local law, rule or regulation, or other provision of law, the provisions that are more restrictive or impose more stringent requirements shall take precedence.

Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or local laws, such as the Local Law for Design and Management of Postconstruction Stormwater Pollution Prevention Measures.[1]

The Town of Clarkson requires the use of technical standards for erosion and Sediment Controls. These are detailed in the Town of Clarkson's design criteria and the New York State Department of Environmental Conservation's Standards and Specifications for Erosion and Sediment Control. For the design of water quality and water quantity controls (postconstruction Stormwater Runoff control practices), the NYSDEC's technical standards are detailed in the New York State Stormwater Management Design Manual.

Where Stormwater Management practices are not in accordance with the aforementioned technical standards, the Applicant or developer must demonstrate equivalence to these technical standards and the SWPPP shall be prepared by a Licensed/Certified Professional.

Requirements of application.

Review of application and decision.

Exemptions. The following activities are exempt from review under this article:

The Stormwater Management Officer shall accept and review all SWPPPs and forward such plans to the applicable municipal board. A consultant cannot be appointed as a Stormwater Management Officer. The Stormwater Management Officer may review the plans; upon approval by the City Council/Town Board/Village Board of Trustees, engage the services of a New York State licensed professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or accept the certification of a Licensed/Certified Professional that the plans conform to the requirements of this article.

Prior to final approval of a Land Disturbance Activity, a SWPPP shall be prepared by the Applicant in accordance with the specifications outlined by the Town of Clarkson and submitted to the Stormwater Management Officer designated by the Town of Clarkson for review by the appropriate board. This plan must be prepared in accordance with sound engineering practices by a Qualified Professional as defined in § 110-2 of this article. The final plan must be signed by a Licensed/Certified Professional, who will certify that the design of all stormwater pollution prevention and erosion and Sediment Control practices meet the requirements outlined in the Town of Clarkson design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the Site to the satisfaction of the Town of Clarkson.

The requirements to have a SWPPP prepared by a Qualified Professional and to have the final plan signed and certified by a Licensed/Certified Professional are not applicable to Land Disturbance Activities that meet technical standards and are five acres or less occurring on a single-family residence, which is not part of a larger common plan of development, or an agricultural property. In addition, these Land Disturbance Activities must not discharge directly to a 303(d) impaired waterbody or must not be located in a Total Maximum Daily Load (TMDL) watershed.

Minimum requirements. All SWPPPs shall provide the following background information and erosion and Sediment Controls:

Modifications to plan after approval.

Town of Clarkson inspections.

Property owner/developer inspections.

Duration.

Maintenance.

Closeout. The Applicant must satisfy the following project closeout requirements:

Stop-work order. The Town of Clarkson may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all Land Disturbance Activities except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Clarkson confirms that the Land Disturbance 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 article.

Notice of violation. When the Town of Clarkson determines that an activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

Violation and penalties.

Withholding of certificate of occupancy. Occupation permits or certificates may not be granted until corrections to all Stormwater Management practices have been made and accepted by the Town of Clarkson.

Application fee. An Applicant for a permit pursuant to this article shall deposit with the Town an application fee as determined by resolution of the Town Board. The application fee is to be utilized by the Town, as needed, to pay for all fees, costs and disbursements incurred by the Town in processing the application, including but not limited to independent legal, engineering and technical consultant fees, stenographic charges and any other fees, costs and disbursements incurred by the Town in the application process, including SEQRA review. The application fee shall be maintained in a separate Town fund, which funds may be appropriated by the Town in accordance with the terms of this article. In the event that the application fee is insufficient to cover the fees, costs and disbursements incurred by the Town in processing the application, the Town shall provide the Applicant with an invoice of the fees, costs and disbursements, and the Applicant shall be obligated to pay the Town such additional fees, costs and disbursements within 30 days from receipt of that invoice from the Town. The Town shall return to the Applicant any portion of the permit application fee which has not been expended, regardless of whether the application has been approved or denied. In the event that there is more than one Applicant, any refunds shall be allocated among the Applicants on a pro rata basis as determined by the Town Board.

Failure to pay fees. In the event that the Applicant fails or refuses to pay such additional fees, costs and disbursements for any reason within 30 days of its receipt of an invoice, the Town may suspend review of the application. Failure or refusal to reimburse the Town for expenses incurred may be a basis for refusal of the license application or revocation of an existing license. The Applicant shall be responsible for all additional fees, costs and disbursements, including reasonable attorneys' fees incurred in the collection of any invoiced items.

Land development projects and associated increases in Impervious Cover 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. Stormwater Runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of Stormwater Runoff from development sites.

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 in the watersheds within the Town of Clarkson. Therefore, the Town of Clarkson establishes this set of water quality and quantity policies to provide reasonable guidance for the regulation of Stormwater Runoff and to, in addition to the above, safeguard persons, protect property, prevent damage to the environment in the Town of Clarkson, and comply with the NYSDEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Storm Sewer systems (MS4s), for the purpose of protecting local water resources from degradation. It is determined that the regulation of Stormwater Runoff discharges from land development projects and other construction 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 prevent threats to public health and safety.

This article shall be applicable to land disturbance activities, as defined in § 110-15 of this article, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction Stormwater Runoff controls), as set forth in § 110-23 as applicable, unless eligible for an exemption or granted a waiver by the Town of Clarkson in accordance with § 110-21 of this article:

All plans, documents and information required by this article must be reviewed by the Town of Clarkson to ensure that established water quality standards will be maintained during and after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans.

When a site development plan is submitted that qualifies as a Redevelopment project, as defined in § 110-15 of this article, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all Redevelopment projects will be determined after a review by the Town of Clarkson. This applies to all Redevelopment projects that are greater than or equal to one or more acres.

The following activities may be exempt from the requirements of this article:

This article is not intended to interfere with, abrogate, or annul any other local law, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other local law, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health and/or the environment shall be considered to take precedence.

Construction activities that involve land disturbance may also require additional compliance measures detailed in other regulations and/or local laws including, but not limited to, Chapter 76, Flood Damage Prevention; Chapter 79, Freshwater Wetlands; Chapter 106, Sewers; Chapter 116, Subdivision and Development of Land; Chapter 140, Zoning; and The Design Criteria and Construction Specifications for Land Development as adopted by resolution of the Clarkson Town Board and amended from time to time.

The Clarkson Planning Board shall review and approve all SWPPP's.

The Building Inspector and Code Enforcement Officer shall severally administer and implement the provisions of this article.

The Building Inspector, Code Enforcement Officer and Highway Superintendent shall severally enforce the provisions of this article.

Any powers granted or duties granted to the above individuals may be delegated in writing by the above named individuals or by duly enacted resolution of the Town Board to persons or entities acting in the beneficial interest of or in the employ of the Town of Clarkson. References in this article to "The Town of Clarkson" shall refer to the above individuals where the sense of this article so requires.

No person(s) shall receive any of the building, grading or other land disturbance approvals or permits required for land disturbance activities without first meeting the requirements of this article to the satisfaction of the Town of Clarkson.

Unless specifically excluded by this article, any Landowner or operator desiring approval or a permit for a Land Disturbance Activity shall comply with all applicable provisions of this article and shall submit all required plans, documentation and information as required under this article to the Town of Clarkson Planning Board for review and approval.

Unless otherwise accepted by this article, the following items shall be submitted prior to the issuance of a permit or site plan approval:

The SWPPP and Maintenance Agreement shall be prepared to meet the requirements of this article.

The SWPPP and all other documents required by this article must be reviewed by the Town of Clarkson to ensure that established water quality standards will be maintained after development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans. Information shall be submitted as a single, logical package with all information bound together.

The Planning Board shall review said application in conjunction with any subdivision and site plan review pursuant to Chapter 116, Subdivision and Development of Land. In situations where application is made after approval (for example an approved site plan or subdivision approved prior to the enactment of this article), the application shall be reviewed by the Planning Board as a change or modification to the approved plan.

All person(s) shall comply with the requirements of this article, unless a written request is filed to waive the requirements in part or whole for land disturbance activities that disturb less than one acre of land. Requests to waive any requirements of this article shall be submitted to the Town of Clarkson for approval.

The minimum requirements for stormwater management may be waived in whole or in part upon written request of the Applicant, provided that at least one of the following conditions applies:

In instances where one of the conditions above applies, the Town of Clarkson may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the Applicant must demonstrate to the satisfaction of the Town of Clarkson that the variance will not result in the following impacts to downstream Waterways:

Where compliance with minimum requirements for stormwater management is waived, the Applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the Town of Clarkson. Mitigation measures may include, but are not limited to, the following:

No waivers or mitigation plans will be considered for Land Disturbance Activity that disturbs one acre or greater of land.

Fee in Lieu of. Where the Town of Clarkson waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the Applicant shall be required to pay a fee in an amount as determined by the Town Board of the Town of Clarkson. All monetary contributions shall be made to a dedicated fund for stormwater management activities. The fee structure shall be based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be made by the Applicant prior to the issuance of any permit or approval for the development.

Dedication or easement of land. In lieu of a monetary contribution, an Applicant may obtain a waiver of the required stormwater management by entering into an agreement with the Town of Clarkson for the granting of an easement or the Dedication of land by the Applicant to be used for the construction of an off-site stormwater management facility. The agreement shall be entered into by the Applicant and the Town of Clarkson Town Board prior to the recording of plats or, if no record plat is required, prior to the issuance of the permit.

The Applicant shall consult the Town of Clarkson's design criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. 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. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the Applicant or developer must demonstrate equivalence to the technical standards set forth in this section and § 110-24 of this article, and the SWPPP shall be prepared by a Licensed/Certified Professional.

The following design and performance criteria shall be addressed for stormwater management at all sites:

A SWPPP is required as part of the compliance with this article. This plan must be prepared by a Qualified Professional and must indicate whether stormwater will be managed on site or off site and, if on site, the general location and type of practices and shall also include sufficient information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. The plan must be signed by a New York State licensed professional engineer (PE) who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the New York State Stormwater Management Design Manual. No building or grading permit or site plan approval shall be issued until a satisfactory Stormwater Pollution Prevention Plan, or a waiver thereof, has undergone a review and been approved by the Town of Clarkson after determining that the plan or waiver is consistent with the requirements of this article.

The Applicant shall employ a Responsible Individual, as defined in § 110-15 of this article, who will oversee the implementation of the SWPPP on a daily basis. The Applicant shall also employ the services of a Qualified Professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to Town of Clarkson within five days after the month's end.

All SWPPPs shall provide the following information:

Maintenance easement. The Applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Clarkson, or their contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and to if necessary implement emergency repairs to protect the health, safety and welfare of the public. The easement dimensions shall be as directed by the Town of Clarkson and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to the Town of Clarkson.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes as a minimum, the following:

Maintenance Agreements.

Requirements of Maintenance Agreements. All stormwater management facilities must undergo, at the minimum, an inspection every two years to document maintenance and repair needs to ensure compliance with the requirements of this article and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be identified in writing, along with the schedule and methods to be employed to complete the maintenance. The maintenance repairs and restoration schedule are to be approved by the Town of Clarkson prior to commencing the work, and the Town of Clarkson shall inspect the facility upon completion of the work. The inspection and maintenance requirement may be increased by the Town of Clarkson as deemed necessary to ensure proper functioning of the stormwater management facility.

Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the Town of Clarkson during inspection of the facility and at other reasonable times upon request.

Maintenance guarantees for privately owned stormwater facilities. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the Applicant or by a corporation that owns or manages a commercial or industrial facility, the Applicant, prior to construction, may be required to provide the Town of Clarkson 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 Town of Clarkson acknowledges compliance with all details of approved site plan. If the Applicant or Landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Clarkson may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs, until the Town of Clarkson acknowledges compliance with all details of approved site plan.

The Town of Clarkson or its Designated Agent shall make inspections at any reasonable time for purposes of inspecting the construction of the stormwater management facilities. Inspections may include but are 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 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 Applicant must notify the Town of Clarkson in advance before the commencement of construction. If any violations are found, the property owner shall be notified of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the Town of Clarkson.

When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system or combined sewer, the property owner shall grant to the Town of Clarkson the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.

Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the Maintenance Agreement, the Town of Clarkson, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the Town of Clarkson shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have 30 days to affect maintenance and repair of the facility in an approved manner. After proper notice, the Town of Clarkson may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.

Violations. Any development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.

Notice of violation. When the Town of Clarkson determines that an activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

Stop-work orders. Persons receiving a notice of violation will be required to halt all construction and/or maintenance activities. This Stop-work order will be in effect until the Town of Clarkson confirms in writing that the activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this article.

Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of the Local Law shall be subject to a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, 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 article 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.

Holds on occupation permits. Occupation permits may not be granted until corrections to all stormwater management practices have been made and accepted by the Town of Clarkson.