Town of Clarkson, NY Stormwater Management

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:

(1)

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;

(2)

Require Land Disturbance Activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities or as amended or revised;

(3)

Minimize increases in Stormwater Runoff from Land Disturbance Activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

(4)

Minimize increases in pollution caused by Stormwater Runoff from Land Disturbance Activities which would otherwise degrade local water quality;

(5)

Minimize the total annual volume of Stormwater Runoff which flows from any specific Site during and following development to the maximum extent practicable; and

(6)

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.

§ 110-2 Definitions.

The following words, terms or phrases, many of which would not normally be capitalized, are capitalized in this article. The intent of this capitalization is to call attention to the fact that the word, term or phrase is a defined term. For the purpose of this article, the following shall mean:

AGRICULTURAL ACTIVITY: 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.

APPLICANT: A property owner or agent of a property owner who has filed an application for a Land Disturbance Activity.

CLEARING: Any activity which removes the vegetative surface cover.

DESIGNATED AGENT: Individual(s) directed by the Town of Clarkson to conduct Site inspections and/or perform other municipal duties.

EARTHWORK: Construction activities, including Clearing, Grading, excavating, soil disturbance or placement of fill that result in land disturbance.

EROSION CONTROL: Measures that minimize erosion.

FINAL STABILIZATION: All soil-disturbing activities at the Site have been completed and a uniform perennial vegetative cover with density of 80% has been established or equivalent measures, such as the use of mulches or geotextiles, have been employed on all unpaved areas and areas not covered by permanent structures.

GRADING: Excavation or fill of material, including the resulting conditions thereof.

LAND DISTURBANCE ACTIVITY: Construction activity, including Clearing, Grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 25,000 square feet, or activities disturbing less than 25,000 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 Disturbance Activities may take place at different times on different schedules.

LICENSED/CERTIFIED PROFESSIONAL: A person currently licensed to practice engineering in New York State, a registered landscape architect or a certified professional in erosion and Sediment Control (CPESC).

NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL: The most recent version of this publication which is commonly known as the "Blue Book."

NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL: 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.

PHASING: Clearing a parcel of land in distinct sections, with the Stabilization of each section before the Clearing of the next.

PLANNING BOARD: The Planning Board of the Town of Clarkson as established in Chapter 27 of the Town of Clarkson Code.

QUALIFIED PROFESSIONAL: A person knowledgeable in the principles and practices of erosion and Sediment Controls, such as a licensed professional engineer, registered landscape architect, certified professional in erosion and Sediment Control (CPESC), or soil scientist.

RESPONSIBLE INDIVIDUAL: As related to inspection of construction Site Erosion Controls, any person with an in-depth understanding of the principles and practices of erosion and Sediment Control, Stormwater Management and the proper procedures and techniques for the installation and maintenance of erosion and Sediment Control features.

SEDIMENT CONTROL: Measures that prevent eroded sediment from leaving the Site.

SILVICULTURAL ACTIVITY: Activities that control the establishment, growth, composition, health and quality of forests and woodlands.

SITE: A parcel of land, or a contiguous combination thereof, where Grading work is performed as a single unified operation.

SITE PLAN APPROVAL: The examination and subsequent authorization to proceed with a project based upon a drawing prepared to specifications and containing necessary elements which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES: 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: 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.

STABILIZATION: The use of practices that prevent exposed soil from eroding.

START OF CONSTRUCTION: The first Land Disturbance Activity associated with a development, including land preparation such as Clearing, Grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

STORMWATER MANAGEMENT: The use of structural or nonstructural practices that are designed to reduce Stormwater Runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.

STORMWATER MANAGEMENT OFFICER: The Building Inspector of the Town of Clarkson who shall accept and review Stormwater Pollution Prevention Plans, forward the plans to the applicable municipal board and inspect Stormwater Management practices.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP): A plan for controlling Stormwater Runoff and pollutants from a Site during and after construction activities.

STORMWATER RUNOFF: The 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.

WATERWAY: A channel that directs surface runoff to a watercourse, or to the public storm drain.

§ 110-3 Applicability.

This article shall be applicable to all Land Disturbance Activities that will disturb one or more acres of land unless exempted under § 110-7C of this article. This article also applies to Land Disturbance Activities that are less than one-acre disturbance if such activities are part of a larger common plan of development or sale that will disturb one or more acres of land, even though multiple separate and distinct Land Disturbance Activities may take place at different times on different schedules.

§ 110-4 Compliance with other permits and regulations.

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]

[1]

Editor's Note: See Ch. 110, Art. II.

§ 110-5 Legislative authority.

In accordance with Article 2 of the Municipal Home Rule Law and § 64 of the Town Law of the State of New York, the Town Board of the Town of Clarkson has the authority to enact laws for the purpose of promoting the health, safety, or general welfare of the Town of Clarkson, including the protection and preservation of the property of its inhabitants. By the same authority, the Town of Clarkson Board may include in any such law provisions for the appointment of any municipal employees to effectuate and administer such law.

§ 110-6 Standards for construction activities.

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.

§ 110-7 Land Disturbance Activity approval process; exemptions.

Requirements of application.

(1)

Any Applicant requesting Site Plan Approval or a permit for Land Disturbance Activity which would require the disturbance of one or more acres of land shall also include with a submission a SWPPP that shall be reviewed and approved by the Town of Clarkson prior to issuance of the final Site Plan Approval or a permit.

(2)

No Applicant shall be granted Site Plan Approval or a permit which would require the disturbance of one or more acres of land without the review and approval of a SWPPP by the Town of Clarkson.

(3)

Furthermore, prior to the issuance of a permit or Site Plan Approval, all projects that would result in the disturbance of one or more acres of land will be required to comply with all applicable provisions of Chapter 110, Article II, Postconstruction Stormwater Pollution Prevention. As part of the SWPPP the Applicant shall include a signed statement that all applicable requirements of Chapter 110, Article II have been met to the satisfaction of the Town of Clarkson.

(4)

Each application shall bear the name(s) and address(es) of the owner or developer of the Site, and of any consulting firm retained by the Applicant, together with the name of the Applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 110-13.

(5)

Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 110-9 of this article.

(6)

Each application shall include a statement that any land Clearing, construction, or development involving the movement of land shall be in accordance with the submitted SWPPP.

(7)

All Land Disturbance Activities, as defined in § 110-2 of this article, not subject to Site plan or permit approval shall be required to submit a SWPPP to the Stormwater Management Officer designated by the Town of Clarkson who shall approve the SWPPP if it complies with the requirements of this article.

Review of application and decision.

(1)

Upon receipt of a construction application, the Stormwater Management Officer shall determine if the provisions of this article are applicable to the proposal.

(2)

If the provisions of this article are not applicable, the Stormwater Management Officer shall file a written memorandum in the file stating the reason(s) why this article is not applicable.

(3)

If the provisions of this article are applicable, the Stormwater Management Officer shall transmit the application to the Planning Board.

(4)

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.

(5)

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.

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

(1)

Any emergency activity which is immediately necessary for the protection of public health, property or natural resources.

(2)

Agricultural Activity as defined in this article.

(3)

Silvicultural Activity, except that landing areas and log haul roads are subject to this article.

(4)

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.

(5)

Repairs to any stormwater treatment practice deemed necessary by the Town of Clarkson.

§ 110-8 Financial guarantees.

The Town of Clarkson may, at its discretion, require the Applicant to submit a financial guarantee in a form acceptable to the Town of Clarkson prior to issuance of Site Plan Approval or a permit in order to insure that the stormwater pollution prevention and erosion and Sediment Control practices are implemented and maintained by the Applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and Sediment Control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 110-11 of this article. At its discretion, the Town Board of the Town of Clarkson may allow for a partial release of the financial guarantee based on the completion of various development stages. The form and type of any such security shall be as set forth in § 116-26, Financial Security.

§ 110-9 Stormwater Pollution Prevention Plan requirements.

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:

(1)

Background information about the scope of the project, including location, type and size of project and contact information that includes the name, address, and telephone number of all person having a legal interest in the property and the tax reference number and parcel number of the subject property or properties.

(2)

Site map/construction drawings for the project, including a general location map and a one-inch-equals-one-hundred-feet topographic base map of the Site which extends a minimum of 100 feet beyond the limits of the proposed development. At a minimum, the Site map should show the total Site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface waters, including receiving waters (name of the water), streams, ponds, culverts, ditches, and wetlands as well as drainage patterns that could be affected by the construction activity; existing and final slopes; locations of utilities, roads, soil types, forest cover, and significant natural and man-made features not otherwise shown; locations of off-site material, waste, borrow or equipment storage areas, proposed concrete clean out basins and construction entrance; locations of the stormwater discharges and resources protected under other chapters of this Code or by easements.

(3)

Description of the soils present at the Site.

(4)

Construction Phasing plan describing the intended sequence of construction activities, including Clearing and grubbing, excavation and Grading, utility and infrastructure installation, final Grading and landscaping, and any other activity at the Site that results in soil disturbance. Sequencing shall identify the expected date on which Clearing will begin and the estimated duration of exposure of cleared areas. Consistent with the New York State Standards and Specifications for Erosion and Sediment Control, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP and a letter of permission from the NYSDEC.

(5)

A description of the pollution prevention measures that will be used to control litter and prevent construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges; a description of construction and waste materials expected to be stored on Site with updates as appropriate; a description of controls that will be implemented to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater; and a description of spill prevention and response measures.

(6)

A description of the 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 disturbance to project closeout, including who will be responsible for the maintenance and implementation of said features at the Site and what practices will be employed to ensure that adequate vegetative cover is established and preserved. For temporary and permanent vegetative control measures, the seeding mixtures and rates, types of sod, method of seedbed preparation, depth of topsoil, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching shall be provided.

(7)

A Site map/construction drawing specifying the locations, sizes and lengths of each erosion and Sediment Control practice.

(8)

Illustration of all necessary erosion and Sediment Control measures, including the siting and sizing of any temporary sediment basins, providing the dimensions, material specifications and installation details for each throughout all phases of construction and completion of development of the Site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

(9)

Identification of all temporary practices that will be converted to permanent control measures.

(10)

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.

(11)

Identification of the parts or components of the SWPPP that require maintenance. Furthermore, it shall also provide a schedule of required maintenance and identify the party responsible for such work.

(12)

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.

(13)

Any existing data that describes the Stormwater Runoff at the Site.

(14)

Assurance that all other applicable environmental permits have been acquired for the Site prior to initial land disturbance. Copies of the applicable environmental permits shall be provided to the Town of Clarkson.

(15)

Assurance that the Applicant or their Responsible Individual shall be on Site at all times when Earthwork takes place and shall inspect and document the effectiveness of all erosion and Sediment Control practices.

(16)

Assurance that all contractors and subcontractors involved in soil disturbance and/or Stormwater Management practice installation and maintenance shall be identified in the SWPPP. All such contractors and subcontractors shall sign a copy of the following certification statement before undertaking any Land Disturbance Activity at the Site: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP. I also understand that it is unlawful for any person to cause or contribute to a violation of the 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 must be included in the SWPPP.

Modifications to plan after approval.

(1)

Major amendments of the SWPPP shall be submitted to the Town of Clarkson and shall be approved or disapproved.

(2)

The Applicant shall amend the SWPPP whenever:

(a)

There is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP; or

(b)

The SWPPP proves to be ineffective in providing the proper stormwater pollution prevention and erosion and Sediment Control as required by this article. Amendments to the SWPPP may be reviewed by the Town of Clarkson. A copy of the newly amended SWPPP must be provided to the Town of Clarkson within five business days.

(3)

Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP. The Town of Clarkson may request copies of signed contractor certification statements from new contractors/subcontractors working on the Site.

(4)

Plans that have been approved by the Town of Clarkson and have had no activity within two years are subject to an informal review process prior to the commencement of any development activity.

(5)

Field modifications of a minor nature may be authorized by the Town of Clarkson by written authorization.

§ 110-10 Inspections.

Town of Clarkson inspections.

(1)

The Town of Clarkson or a Designated Agent as defined in § 110-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the Applicant that the work fails to comply with the SWPPP. In addition, the Town of Clarkson reserves the right to enter the work Site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or their agent shall be maintained at the Site in the Site logbook from the date of initiation of construction activities to the date of Final Stabilization. To obtain inspections, the Applicant shall notify the Town of Clarkson at least 48 hours before the following activities occur:

(a)

Start of Construction.

(b)

Erosion and Sediment Control measures have been installed and stabilized.

(c)

Site Clearing has been completed.

(d)

Rough Grading has been completed.

(e)

Final Grading has been completed.

(f)

Close of the construction season.

(g)

Final landscaping.

(h)

Closeout inspection.

(2)

The above inspection timetable does not relieve the owner of the obligation under this or any other permit or regulation to conduct regular inspections as set forth in said permit and/or regulation.

(3)

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 Earthwork shall be conducted on the Site, except for Site Stabilization, until the violations are corrected and approved by the Town of Clarkson.

Property owner/developer inspections.

(1)

The Applicant shall employ a Responsible Individual, as defined in § 110-2 of this article, who will oversee the implementation of the SWPPP on a daily basis. The Responsible Individual 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. 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 the Town of Clarkson within five days after the month's end.

(2)

The requirement to employ a Qualified Professional to inspect and document the effectiveness of all erosion and Sediment Control practices is not applicable to Land Disturbance Activities five acres or less occurring on a single-family residence which is not part of a larger common plan of development or on 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.

§ 110-11 Duration, maintenance and closeout.

Duration.

(1)

For a project that requires a NYSDEC SPDES Permit, the SWPPP approved by the Town of Clarkson shall be in effect until the Site has been finally stabilized, a notice of termination (N.O.T.) is submitted to the NYSDEC in accordance with the general permit, and a final inspection has been completed by the Town of Clarkson.

(2)

For projects that do not require a NYSDEC N.O.T., the SWPPP is in effect until a final inspection is conducted and the Town of Clarkson has issued the Applicant written approval.

Maintenance.

(1)

The Applicant shall at all times properly operate and maintain all Stormwater Management facilities and erosion and Sediment Control measures which are installed or used by the Applicant 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%. The Land Disturbance 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.

(2)

At the end of the construction season when soil disturbance activities will be finalized or suspended until the following spring, it may be desirable to reduce the frequency of the required weekly Site inspections to monthly inspections. In order to reduce inspection frequencies, the Applicant must complete Stabilization activities before proper installation is precluded by snow cover or frozen ground. If vegetation is used as a Stabilization method, seeding, planting, and/or sodding must be scheduled to avoid fall frosts and to allow for proper germination/establishment. Installations and maintenance must be done according to the New York State Standards and Specifications for Erosion and Sediment Control.

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

(1)

Reestablish grade of all permanent stormwater facilities;

(2)

Inspect Grading of all drainage structures and provide elevation as-builts to the Town of Clarkson;

(3)

Establish perennial vegetative cover to a density of 80% over 100% of the Site;

(4)

Removal of all debris and temporary erosion and Sediment Control practices;

(5)

Provide a written certification by a New York State Licensed/Certified Professional that the Site has undergone Final Stabilization (as defined in § 110-2) and that all temporary erosion and Sediment Controls not needed for long-term Erosion Control have been removed.

(6)

Complete any other measure deemed appropriate and necessary by the Town of Clarkson to stabilize the project Site.

§ 110-12 Enforcement and penalties for offenses.

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:

(1)

The name and address of the owner or Applicant;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the development activity into compliance with this article and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

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 the notice of violation.

Violation and penalties.

(1)

No person shall construct, enlarge, alter, repair, or maintain any Grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this article. Violations of any provision or requirement of this article or violation of any statement, plan, application, permit or certification approved under the provisions of this article shall be considered a violation punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both for conviction of a first offense; a second violation of this article committed within a period of five years is punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 30 days, or both; and a third or subsequent violation of this article within a period of five years is punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 30 days, or both. Each day's continued violation shall constitute a separate additional violation punishable by a fine and/or imprisonment.

(2)

In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration.

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.

§ 110-13 Fees.

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.

Article II Postconstruction Stormwater Pollution Prevention

[Adopted 12-11-2007 by L.L. No. 8-2007]

§ 110-14 Findings of fact; purpose.

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.

§ 110-15 Definitions.

AGRICULTURAL ACTIVITY: 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.

APPLICANT: A property owner or agent of a property owner who has filed an application for a stormwater management permit.

CHANNEL: A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

DEDICATION: The deliberate appropriation of property by its owner for general public use.

DESIGNATED AGENT: Individual(s) directed by the Town of Clarkson to conduct site inspections and/or perform other municipal duties.

EROSION CONTROL: Measures that minimize erosion.

FEE IN LIEU: A payment of money in place of meeting all or part of the stormwater performance standards required by this article.

HOTSPOT: An area where land use or activities generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater.

IMPERVIOUS COVER: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INFILTRATION: 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."

LAND DISTURBANCE ACTIVITY: Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 25,000 square feet, or activities disturbing less than 25,000 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 disturbance activities may take place at different times on different schedules.

LANDOWNER: 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.

LETTER OF CREDIT: A document issued by a bank which guarantees the payment of a customer's drafts for a specified period and up to a specified amount.

LICENSED/CERTIFIED PROFESSIONAL: A person currently licensed to practice engineering in New York State, a registered landscape architect or a certified professional in erosion and sediment control (CPESC).

MAINTENANCE AGREEMENT: A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.

NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL: The most recent version of this publication which is commonly known as the "Blue Book."

NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL: The most recent version of the New York State Stormwater Management Design Manual, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

OFF-SITE FACILITY: A stormwater management measure located outside the subject property boundary.

PERFORMANCE BOND: A bond underwritten by a surety in the contract amount to guarantee that the contractor will perform the required work according to the contract specifications.

PLANNING BOARD: The Planning Board of the Town of Clarkson as established in Chapter 27 of the Town of Clarkson Code.

QUALIFIED PROFESSIONAL: A person knowledgeable in the principles and practices of erosion and sediment controls, such as a New York State licensed professional engineer, registered landscape architect, certified professional in erosion and sediment control (CPESC), or soil scientist.

RECHARGE: The replenishment of underground water reserves.

REDEVELOPMENT: Reconstruction or modification to any existing, previously developed land, such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. Redevelopment is distinguished from development or new development in that new development refers to construction on land where there had not been previous construction. Redevelopment specifically applies to construction areas with impervious surface.

RESPONSIBLE INDIVIDUAL: As related to inspection of construction site Erosion Controls, any person with an in-depth understanding of the principles and practices of erosion and sediment control, stormwater management and the proper procedures and techniques for the installation and maintenance of erosion and sediment control features.

SILVICULTURAL ACTIVITY: Activities that control the establishment, growth, composition, health and quality of forests and woodlands.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES: 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: State Pollutant Discharge Elimination System (SPDES), a nationally approved program with permits issued in accordance with the Environmental Conservation Law that authorizes stormwater discharges from certain construction activities to waters of the United States.

STOP-WORK ORDER: An order issued which requires that all construction activity on a site be stopped.

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.

STORMWATER TREATMENT PRACTICES: Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to Stormwater Runoff and water bodies.

WATER QUALITY STANDARD VIOLATION: An increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

WATERWAY: A Channel that directs surface runoff to a watercourse or to the public storm drain.

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."

§ 110-16 Applicability.

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:

(1)

Condition A. Stormwater Runoff from land disturbance 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.

(2)

Condition B. Stormwater Runoff from land disturbance activities disturbing five or more acres.

(3)

Condition C. Stormwater Runoff from Land Disturbance Activity disturbing between 25,000 square feet and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

(4)

Condition D. Stormwater Runoff from land disturbance activities that are smaller than 25,000 square feet of disturbance if such activities are part of a larger common plan of development, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.

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:

(1)

Any emergency activity which is immediately necessary for the protection of life, property or natural resources.

(2)

Agricultural Activity as defined in this article.

(3)

Silvicultural Activity, except that landing areas and log haul roads are subject to this article.

(4)

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.

(5)

Repairs to any stormwater treatment practice deemed necessary by the Town of Clarkson.

§ 110-17 Compatibility with other permits and requirements.

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.

§ 110-18 Legislative authority.

§ 110-19 Responsibility for administration.

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.

§ 110-20 Compliance.

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:

(1)

Stormwater Pollution Prevention Plan (SWPPP) (See § 110-24).

(2)

Maintenance easements (See § 110-25).

(3)

Maintenance agreements (See § 110-25).

(4)

Any applicable fees (See § 110-30).

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.

§ 110-21 Waivers and mitigation requirements.

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:

(1)

It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this article.

(2)

Alternative minimum requirements for on-site management of stormwater discharges have been established in a Stormwater Pollution Prevention Plan that has been approved by the Town of Clarkson and the implementation of the plan is required by local law. These practices are encouraged in order to minimize the reliance on structural practices. Credit in the form of reductions in the amount of stormwater that must be managed can be earned through the use of nonstructural practices that reduce the generation of stormwater from the site. These nonstructural practices are explained in detail in the manual, Better Site Design: A Handbook for Changing Development Rules in Your Community. Applicants wishing to obtain credit for use of nonstructural practices must ensure that these practices are documented and remain unaltered by subsequent property owners.

(3)

Provisions are made to manage stormwater by an Off-Site Facility. The Off-Site Facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.

(4)

The Town of Clarkson finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.

(5)

Nonstructural practices will be used on the site that reduce the generation of stormwater from the site, the size and cost of stormwater storage and the pollutants generated at the site.

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:

(1)

Deterioration of existing culverts, bridges, dams, and other structures;

(2)

Degradation of biological functions or habitat;

(3)

Accelerated streambank or streambed erosion or siltation;

(4)

Increased threat of flood damage to public health, life, property.

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:

(1)

The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation (Dedication or easement of land, see § 110-22B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;

(2)

The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this article;

(3)

Monetary contributions (Fee in Lieu of, see § 110-22A below) to a dedicated fund for stormwater management activities.

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

§ 110-22 Fee in Lieu of; dedication or easement 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.

§ 110-23 General design and performance criteria for stormwater management.

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:

(1)

All site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate Stormwater Runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practicable to provide treatment for both water quality and quantity.

(2)

All Stormwater Runoff generated from new development shall not discharge untreated stormwater directly into a Jurisdictional Wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on Wetland functional values shall be assessed using a method acceptable to the Town of Clarkson. In no case shall the impact on functional values be any greater than that allowed by the Army Corp of Engineers (C.O.E.) or the NYSDEC responsible for natural resources.

(3)

An attempt shall be made to maintain annual groundwater Recharge rates by promoting Infiltration through the use of structural and nonstructural methods. At a minimum, an attempt shall be made for annual Recharge from the post development site to mimic the annual Recharge from predevelopment site conditions.

(4)

In order to protect stream Channels from degradation, a specific Channel protection criteria shall be provided as prescribed in the Town of Clarkson's design criteria and/or the New York State Stormwater Management Design Manual.

(5)

Stormwater discharges to critical areas with sensitive resources may be subject to additional performance criteria or may need to utilize or restrict certain stormwater management practices.

(6)

Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "Hotspot," may require the use of specific structural Stormwater Treatment Practices and pollution prevention practices.

(7)

Prior to design, Applicants are required to consult with the Town of Clarkson to determine if they are subject to additional stormwater design requirements.

(8)

The calculations for determining peak flows (WQv) as found in the New York State Stormwater Management Design Manual shall be used for sizing all stormwater management practices.

§ 110-24 Stormwater Pollution Prevention Plan requirements.

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:

(1)

All information listed in § 110-9 of Article I, Construction Stormwater Pollution Prevention and Erosion and Sediment Control;

(2)

Description of each postconstruction stormwater management practice;

(3)

Site map/construction drawings showing the specific locations and sizes of each postconstruction stormwater management practice. The maps will also clearly show proposed land use with tabulation of the percentage of surface area to be adapted to various uses. A written description of the site plan and justification of proposed changes in natural conditions may also be required;

(4)

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms, including calculations such as a description of the design storm frequency, intensity and duration; time of concentration; soil curve numbers or runoff coefficients; peak runoff rates and total runoff volumes for each watershed area; Infiltration rates, where applicable; culvert capacities; flow velocities; data on the increase in rate and volume of runoff for the design storms referenced in the New York State Stormwater Management Design Manual; and documentation of sources for all computation methods and field test results;

(5)

Comparison of postdevelopment Stormwater Runoff conditions with predevelopment conditions;

(6)

Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

(7)

The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures, including a schedule to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

(8)

The Applicant must ensure access to all Stormwater Treatment Practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 110-25 of this article for additional information.

(9)

The Applicant must execute an easement and an inspection and Maintenance Agreement binding on all subsequent owners of land served by the on-site stormwater management measures in accordance with the specifications of this article. See § 110-25 of this article for additional information.

(10)

The SWPPP shall be prepared by a Qualified Professional and the final plan must be signed by a New York State licensed professional engineer who shall certify that the design of all stormwater management practices meet the requirements in this article.

(11)

A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site. This description should include a discussion of soil conditions, forest cover, topography, Wetlands, and other native vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

(12)

The Town of Clarkson may also require a concept plan to consider the maximum development potential of a site under existing zoning, regardless of whether the Applicant presently intends to develop the site to its maximum potential.

(13)

The Applicant must present a detailed plan for management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a Qualified Professional and be in compliance with landscaping specifications outlined in the New York State Stormwater Management Design Manual.

(14)

The Applicant shall assure that all other applicable environmental permits have been acquired for the site prior to approval of the final stormwater design plan.

§ 110-25 Maintenance of stormwater management facilities.

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:

(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.

(3)

Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to Water Quality Standard Violations in accordance with § 110-15 of this article.

Maintenance Agreements.

(1)

The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be ensured through the creation of a formal and enforceable Maintenance Agreement that must be approved by the Town of Clarkson and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all Stormwater Treatment Practices and include plans for periodic inspections by the owners, or their Designated Agent, to ensure proper performance of the facility. The Maintenance Agreement shall be consistent with the terms and conditions of the stormwater control facility Maintenance Agreement.

(2)

The Town of Clarkson, in lieu of a Maintenance Agreement, may accept Dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

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.

§ 110-26 Inspection and right of entry.

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.

§ 110-27 As-built plans; project closeout.

All Applicants are required to submit actual as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a New York State licensed professional engineer. A final inspection by the Town of Clarkson is required before the release of any performance securities can occur.

§ 110-28 Landscape alterations.

All Applicants are responsible for maintaining the grading of the site so that it is consistent with the certified as-built plans. Any postconstruction alterations to the landscape shall receive prior approval from the Town of Clarkson. Temporary landscape alterations, such as those associated with utility excavations and landscaping activities, must be restored to conditions that are consistent with the certified as-built plans.

§ 110-29 Enforcement and penalties for offenses.

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.

(1)

The name and address of the owner or Applicant;

(2)

The address when available or a description of the building, structure or land upon which the violation is occurring;

(3)

A statement specifying the nature of the violation;

(4)

A description of the remedial measures necessary to bring the development activity into compliance with this article and a time schedule for the completion of such remedial action;

(5)

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)

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 the notice of violation.

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.

§ 110-30 Fees.

An Applicant 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.

§ 110-31 Performance Bond/security.

The Town of Clarkson may, at its discretion, require the submittal of a performance security or bond prior to approval in order to insure that the stormwater practices are installed as required by the approved Stormwater Pollution Prevention Plan. The amount of the installation performance security shall be the total estimated construction cost of the stormwater management practices approved by the Town of Clarkson, plus 25%. The performance security shall contain forfeiture provisions for failure to complete work specified in the Stormwater Pollution Prevention Plan. The installation performance security shall be released in full only upon submission of as-built plans and written certification by a New York State licensed professional engineer that the stormwater practice has been installed in accordance with the approved plan and other applicable provisions of this article. The Town of Clarkson will make a final inspection of the stormwater practice to ensure that it is in compliance with the approved plan and the provisions of this article. Provisions for a partial pro rata release of the performance security based on the completion of various development stages can be done at the discretion of the Town of Clarkson.