[HISTORY: Adopted by the Town Board of the
Town of Ithaca 2-11-2008 by L.L. No. 3-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 148.
Flood damage prevention — See Ch. 157.
Subdivision of land — See Ch. 234.
Zoning — See Ch. 270.
[1]
Editor's Note: This local law also repealed
former Ch. 228, Stormwater Management, adopted 9-11-2006 by L.L. No.
10-2006.
This chapter shall be known as the "Stormwater
Management and Erosion and Sediment Control Law."
The Town Board of the Town of Ithaca finds the
following:
A.Â
Land development activities and increases in site
impervious cover permanently alter the hydrologic responses of local
watersheds and increase stormwater runoff rates and volumes, which
in turn increase flooding, stream channel erosion and sediment transport
and deposition, and decrease groundwater recharge.
B.Â
Stormwater runoff from developed areas contributes
significant quantities of waterborne pollutants to surface and groundwater
sources, degrading water bodies, affecting public and private water
supplies, recreational uses, and threatening fish and other aquatic
life.
C.Â
The clearing and loss of vegetation, and the grading
of the soil for development purposes, particularly on moderate to
steep slopes, can increase soil erosion, leading to siltation of water
bodies, decreasing their capacity to hold and transport water, and
degrading terrestrial and aquatic habitats.
D.Â
Impervious surfaces and regraded land surfaces associated
with development reduce the infiltration of rainfall into the soil
and the recharge of groundwater resources.
E.Â
Improper design, construction, and implementation
of stormwater and erosion control facilities and practices can also
increase stormwater runoff rates and volumes, leading to increased
flooding, stream channel erosion, sediment transport and deposition
and overall degradation to water bodies.
F.Â
Substantial economic losses can result from these
adverse impacts to the community waters.
G.Â
The southern end of Cayuga Lake, which includes that
portion in the Town of Ithaca, and which ultimately receives drainage
water from land area in the Town, has been placed on the New York
State 2004 Section 303(d) List of Impaired Waters. This list identifies
sediment/silt and phosphorus as the major sources contributing to
this impairment.
H.Â
Stormwater runoff, soil erosion, and nonpoint source
pollution can be controlled and minimized through the regulation of
stormwater runoff quantity and quality from new land development and
redevelopment activities, through the use of both structural and nonstructural
practices.
I.Â
It is in the public interest, and will minimize threats
to the environment and to public health and safety, to regulate stormwater
runoff from land development activities within the Town of Ithaca
as provided in this chapter in order to control and minimize increases
in stormwater runoff rates and volumes, to provide for the recharge
of groundwater resources, and to control and minimize soil erosion,
stream channel erosion, and nonpoint source pollution associated with
land development activities.
J.Â
Town regulation of land development activities by
means of establishing performance standards governing stormwater management
and site design will act to mitigate the adverse effects associated
with stormwater runoff, erosion and sedimentation from development.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect, maintain and enhance the health, safety, and general welfare of the citizens of the Town and its natural environment, to protect and preserve the property of the Town and of its residents, and to address the findings stated above in § 228-2, by achieving the following objectives:
A.Â
Meet the requirements of minimum measures 4 and 5
of the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit No. GP-02-02, as it may be amended from time to time,
which permit applies to the Town.
B.Â
Require land development activities to conform to
the substantive requirements of the New York State SPDES General Permit
for Construction Activities Permit No. GP-02-01, as it may be amended
from time to time.
C.Â
Control and reduce stormwater runoff rates and volumes,
in order to reduce or minimize flooding, stream channel erosion, property
damage, and to maintain the integrity of stream channels and aquatic
habitats.
D.Â
Control and minimize soil erosion from land development
activities and prevent the transport of sediment to receiving water
bodies.
E.Â
Facilitate removal of pollutants in stormwater runoff
so as not to degrade ground and surface water quality.
F.Â
Protect the biological, ecological, and other beneficial
functions of water bodies, such as streams, wetlands, lakes and reservoirs,
from the adverse impacts of stormwater runoff.
G.Â
Encourage groundwater recharge so as to maintain stream
base flows, aquatic life, and adequate water supplies.
H.Â
Establish provisions for the long-term responsibility
for and maintenance of stormwater control facilities and practices
to ensure that they continue to function as designed, are maintained,
and pose no threat to public safety.
I.Â
Establish provisions to ensure there are adequate
funding mechanisms, including financial security or surety, for the
proper review, inspection and long-term maintenance of stormwater
facilities and practices implemented pursuant to this chapter.
J.Â
Establish provisions for the Town to recover all costs
and expenses incurred by the Town for any repairs it makes to stormwater
management practices.
K.Â
Establish administrative procedures for the submission,
review, approval or disapproval of stormwater management plans, and
for the inspection of approved active development projects, and long-term
oversight of the stormwater control facilities and practices.
This chapter is adopted pursuant to the laws
of the State of New York, including § 130, Subdivision 15,
of the Town Law, § 10, Subdivision 1(ii)(a)(9-a), (11) and
(12) of the Municipal Home Rule Law, and § 10, Subdivision
2 of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
A property owner or agent of a property owner who has filed
an application with the Town for a land development activity.
A plan for controlling stormwater runoff and pollutants from
a site during land development activities.
A structure having a roof supported by columns or by walls
and intended for shelter, housing, protection or enclosure of persons,
animals or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes vegetative surface cover from land.
The New York State Department of Environmental Conservation's
New York State Stormwater Management Design Manual, as it may be revised
from time to time, that serves as the Town's official guide for stormwater
management principles, methods and practices.
A person, corporation, organization, agency or other entity
undertaking land development activities, or for whose benefit land
development activities are carried out.
Actions that make a site or area available for use by physical
alteration. Development includes but is not limited to providing access
to a site, clearing of vegetation, grading, earth moving, mining,
excavating, providing utilities and other services such as parking
facilities or stormwater management and erosion control systems, altering
land forms, or constructing a structure on land.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
The New York Standards and Specifications for Erosion and
Sediment Control manual (commonly known as the "Blue Book"), as it
may be revised from time to time, which is written by the Empire State
Chapter of the Soil and Water Conservation Society.
Any parcel of land which is used in the raising of agricultural
products, such as crops, livestock, poultry, and dairy goods. It includes
structures necessary to the production and storage of agricultural
products and equipment and on-farm buildings used for preparation
or marketing of products produced, or derived from products produced,
predominantly on the farm property on which the building is located.
Final stabilization occurs when all soil disturbance activities
have ceased and a uniform, perennial vegetative cover with a density
of 80% over the entire pervious surface has been established, or other
equivalent stabilization measures, such as permanent landscape mulches,
rock rip-rap or washed/crushed stone, have been applied on all disturbed
areas that are not covered by permanent structures, concrete or pavement.
A plan for controlling stormwater runoff and pollutants from
a site during and after activities associated with land development.
Includes the basic SWPPP plus permanent postconstruction stormwater
management measures.
Excavation or fill of material, including the resulting conditions
thereof.
Land uses or activities with higher potential pollutant loadings
than are found in typical stormwater runoff, such as, but not limited
to, auto salvage yards, auto fueling facilities, fleet storage yards,
commercial parking lots with high-intensity use, road salt storage
areas, commercial nurseries and landscaping facilities, outdoor storage
of and loading areas for hazardous substances, or marinas.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water, such as, but not limited
to, building rooftops, pavement, sidewalks, and driveways.
The process of percolating stormwater into the subsoil.
A well-defined channel that contains water for only part
of the year, typically during winter and spring, and in direct response
to a precipitation event. It may be dry for a large part of the year.
All activities, including clearing, grubbing, grading, excavating,
stockpiling, importing or movement of fill, paving, installation of
utilities, and construction of buildings or structures, that result
in soil disturbance, regardless of whether the activities are for
a new development or a redevelopment of land.
The legal or beneficial owner of land, including those persons
or other entities who hold the right to purchase or lease the land,
or any other person or other entity who holds proprietary rights in
the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
A well-defined channel that contains water year-round during
a year of normal rainfall.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
A licensed professional engineer or a licensed landscape
architect who is knowledgeable in the principles and practices of
erosion and sediment control and stormwater management, or a certified
professional in sediment and erosion control.
A licensed professional engineer who is knowledgeable in
the principles and practices of erosion and sediment control and stormwater
management.
The replenishment of underground water reserves.
Reconstruction or modification of any existing previously
developed land containing impervious surfaces, where such reconstruction
or modification involves soil disturbance.
A project that entirely consists of redevelopment, or a project
that consists of a combination of redevelopment and new development.
A plan for controlling erosion and sedimentation from land
development activities for certain small projects.
Measures that prevent eroded sediment from leaving the site.
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.
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 U.S. Environmental
Protection Agency-established water quality standards and/or to specify
stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all work and activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and/or drainage.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the Town Board to accept
and review stormwater pollution prevention plans, forward the plans
to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are the
most effective, practical means of preventing flood damage and preventing
or reducing point source or nonpoint source pollution inputs to stormwater
runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during construction activities, and in some cases also after
construction activities. See also "full stormwater pollution prevention
plan" and "basic stormwater pollution prevention plan."
Flow through or on the surface of the ground resulting from
precipitation.
A natural watercourse containing flowing water at least part
of the year. A stream can be either intermittent or perennial.
Lakes, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, marshes, inlets, canals, and all other bodies of
surface water, natural or artificial, 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 New York 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 manmade bodies of water
which neither were originally created in waters of the State (such
as a disposal area in wetlands) nor resulted from impoundment of waters
of the State.
A TMDL is the sum of the allowable loads of a single pollutant
from all contributing point and nonpoint sources. It is a calculation
of the maximum amount of a pollutant that a water body can receive
on a daily basis and still meet water quality standards, and an allocation
of that amount to the pollutant's sources. A TMDL stipulates wasteload
allocations for point source discharges, load allocations for nonpoint
sources, and a margin of safety.
A stream or other body of water, either natural or man-made,
which gathers or carries surface water.
Total drainage area contributing runoff to a given point
along a watercourse.
Any area that is inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
A.Â
This chapter shall be applicable to all land development activities that exceed any of the thresholds below, unless exempt pursuant to § 228-7. No person or other entity shall undertake any land development activity without first meeting the requirements of this chapter.
B.Â
Notwithstanding the foregoing, all stormwater management practices associated with land development activities that do not exceed the thresholds below or are otherwise exempt from the requirements of this chapter shall be maintained in good working condition and kept in good repair by the landowner and any owner and/or operator of the stormwater management practices. The enforcement provisions, penalties and other provisions of § 228-15 shall apply to any violations of this Subsection B's requirements.
C.Â
This chapter defines three levels of plans. Depending
on the area of disturbance and other criteria listed below, certain
land development activities will require either:
D.Â
Any of the following activities require a full SWPPP
with both erosion and sediment control and postconstruction water
quality and quantity controls:
(1)Â
Any land development activity with an area of disturbance
greater than one acre that will directly discharge a pollutant of
concern to either an impaired water body identified on the New York
State Department of Environmental Conservation's 303(d) list of impaired
waters, or a watershed for which a total maximum daily load is required,
for which pollutants in stormwater have been identified as a source
of the impairment.
(2)Â
Any land development activity with an area of disturbance
of one acre or more and less than five acres, other than for construction
of one- or two-family dwellings.
(3)Â
Any land development activity with an area of disturbance
of five acres or more.
(4)Â
Any land development activity that will create 10,000
square feet or more of impervious cover, other than for the construction
of one- or two-family dwellings.
(5)Â
Any land development activity that is part of a larger common plan of development or sale, which common plan in total will meet or exceed any of the thresholds listed in Subsection D(1), (2), (3) or (4) above, even though multiple separate and distinct land development activities may take place at different times on different schedules.
E.Â
Any of the following activities require a basic SWPPP with erosion and sediment control, if the project is not subject to a full SWPPP pursuant to Subsection D above:
(1)Â
Any land development activity with an area of disturbance
of one acre or more and less than five acres.
(2)Â
Any land development activity that involves excavation
or filling, or a combination of excavation and filling, of 250 cubic
yards or more of fill, sod, loam, sand, gravel, stone or similar materials.
(3)Â
Any land development activity with an area of disturbance
of less than one acre of total land area that is part of a larger
common plan of development or sale, even though multiple separate
and distinct land development activities may take place at different
times on different schedules.
F.Â
The following activities require a simple erosion and sedimentation control plan, if the project is not subject to a full or basic SWPPP pursuant to Subsections D or E above:
(1)Â
Any land development activity with an area of disturbance
of 10,000 square feet or more and less than one acre, unless the activity
meets all of the following criteria:
(a)Â
The activity takes place on level grade (less
than 2% slope).
(b)Â
The activity does not take place within 20 feet
of a roadside ditch.
(c)Â
The activity does not take place within 50 feet
of a stream or wetland.
(d)Â
The activity is surrounded by no less than a
fifty-foot wide perimeter of woody or grass vegetation that will remain
undisturbed.
(2)Â
Any land development activity that involves excavation
or filling, or a combination of excavation and filling, resulting
in the movement of more than 50 but less than 250 cubic yards of fill,
sod, loam, sand, gravel, stone or similar materials, unless the activity
meets all of the following criteria:
(a)Â
The activity takes place on level grade (less
than 2% slope).
(b)Â
The activity does not take place within 20 feet
of a roadside ditch.
(c)Â
The activity does not take place within 50 feet
of a stream.
(d)Â
The activity is surrounded by no less than a
fifty-foot wide perimeter of woody or grass vegetation that is to
remain undisturbed.
(3)Â
Any activity that involves the laying, replacing,
or enlarging of an underground pipe or other underground facility
for a distance of 300 feet or more.
(4)Â
The disturbance of the vegetative cover of a road
ditch, drainage swale or other channel, for a distance of 30 feet
or more.
(5)Â
Any land development activity, regardless of size,
that the Town Engineer, Code Enforcement Officer, or Director of Planning
determines likely to cause adverse impacts to an environmentally sensitive
area (including, but not limited to, wetlands, steep slopes, swimming
beaches, fisheries, and important habitats), or may violate any other
stormwater control standards set forth in this chapter.
The following activities are exempt from review
under this chapter:
A.Â
Lawful farm operations on lands the principal use
of which is as a farm, if the farm operations: occupy three acres
or more of land; or occupy less than three acres of land and are located
within a county agricultural district created under the provisions
of Article 25-AA of the New York State Agriculture and Markets Law.
Notwithstanding the foregoing, this term shall not include the construction
of new structures associated with such farm operations.
B.Â
Logging activity undertaken pursuant to an approved
timber harvesting plan prepared by the New York State Department of
Environmental Conservation, or a New York State Cooperating Forester,
which is to be made available on site for review by the Town and in
which recommended best management practices for water quality protection
have been developed and are implemented, except that landing areas
and log haul roads are subject to this chapter.
C.Â
Land development activities for which a permit or
final approval has been issued on or before the effective date of
this chapter, where such permit or final approval remains valid and
substantial construction has been undertaken, except the Town may
require erosion and sedimentation control measures consistent with
this chapter.
D.Â
Cemetery graves.
E.Â
Installation of fence, sign, telephone, and electric
poles, mailbox and newspaper posts, and other kinds of posts or poles,
not including structural pilings, that will not alter existing terrain
or drainage patterns.
F.Â
Emergency activity immediately necessary to protect
life, property or natural resources as authorized by the Stormwater
Management Officer and/or as the situation dictates.
G.Â
Activity of an individual engaging in home gardening
by growing flowers, vegetables, and other plants primarily for use
by that person and his or her family.
H.Â
Maintenance of landscaping or lawn areas associated
with a one- or two-family dwelling.
A.Â
The Town Board designates the Town Engineer as the
Stormwater Management Officer for the purposes of this chapter.
B.Â
The Planning Department will receive all stormwater
pollution prevention plans that are subject to review and approval
by the Town of Ithaca Planning Board or Zoning Board of Appeals, and
forward such plans to the Town Engineer for review and a determination
of whether the SWPPP complies with the requirements of this chapter.
C.Â
Applicants for all land development activities not
subject to review and approval by the Town of Ithaca Planning Board
or Zoning Board of Appeals shall be required to submit any required
SWPPP or erosion and sedimentation control plan to the Stormwater
Management Officer, or his or her designee, who shall have responsibility
for reviewing and approving the plan if it is determined to comply
with the requirements of this chapter.
D.Â
Nothing in this chapter supersedes an applicant's
obligation to obtain permit coverage from the New York State Department
of Environmental Conservation, as described in the SPDES General Permit
for Stormwater Discharges from Construction Activity (GP-02-01). For
activities that require full or basic SWPPPs, the applicant must also
submit a notice of intent and SWPPP to the New York State Department
of Environmental Conservation. The applicant shall also send a copy
of the notice of intent and notice of termination to the Town.
A.Â
Technical standards.
(1)Â
All full and basic SWPPPs and simple erosion and sedimentation
control plans shall contain appropriate stormwater management practices
that are designed and constructed in accordance with the standards
set forth in the Design Manual and Erosion Control Manual.
(2)Â
The use and implementation of stormwater credits.
The New York State Department of Environmental Conservation has identified
nonstructural stormwater management practices which qualify as stormwater
credits that can reduce the water quality treatment volume and the
water quantity/stream channel protection volume required for projects
requiring a full SWPPP. Such nonstructural stormwater management practices
are described in the DEC document entitled "The Use and Implementation
of Stormwater Credits." The Town encourages the use of such nonstructural
stormwater management practices to minimize reliance on structural
stormwater management measures, and the Town will allow the applicant
to utilize stormwater credits if the following requirements are met:
(a)Â
These practices must be reviewed and approved
by the Town of Ithaca before the credit can be taken.
(b)Â
These practices must be implemented as described
in "The Use and Implementation of Stormwater Credits" document, as
it may be revised from time to time, or as described in any successor
document issued by DEC.
B.Â
Better site design requirements for full SWPPPs. For
projects requiring a full SWPPP, stormwater management objectives
must also incorporate nonstructural stormwater management practices
into the project design as specified below. The New York State Department
of Environmental Conservation has identified a set of "better site
design practices" (several of which overlap with the stormwater credits
above), which can reduce the impacts of a project, and also often
reduce costs. Many of these practices will result in smaller required
stormwater treatment and storage volumes.
(1)Â
Projects requiring a full SWPPP must apply a minimum
of two of these techniques/practices.
(2)Â
If the applicant contends that the minimum number
of practices cannot be incorporated into the project design due to
site limitations, the applicant must explain and justify such limitations
to the satisfaction of the Board responsible for project review and
approval.
C.Â
Water quality standards. All land development activities
must comply with New York State water quality standards, whether or
not a project is subject to this chapter. These standards are enforceable
by the New York State Department of Environmental Conservation and
include the following prohibitions:
(1)Â
Any land development activity shall not cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in surface waters of the State of New York.
(2)Â
Any land development activity shall not cause a flow
alteration that will impair surface waters of the State of New York
for their best usages.
D.Â
General standards.
(1)Â
Developers and landowners must avoid and minimize
disturbance of wetlands, stream corridors, and surface waters to the
maximum extent practicable at the project site, and obtain the relevant
state or federal permits if a disturbance will take place. Land development
activities shall not discharge untreated stormwater directly into
a natural wetland or water body without adequate treatment, nor modify
natural wetlands for stormwater impoundment. To the extent possible,
a buffer must be maintained between land development activities (including
the placement of silt fencing) and wetland boundaries, stream banks,
or lake or pond shorelines.
(2)Â
The groundwater recharge capacity of an area being
developed shall, to the maximum extent possible, be maintained where
site conditions permit. The use of structural and nonstructural methods,
reduction of impervious surfaces, and use of permeable pavement, where
appropriate, are encouraged.
(3)Â
Notwithstanding Subsection D(2) above, stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots," shall not infiltrate into groundwater unless sufficient water quality treatment is provided to avoid potential water supply contamination.
(4)Â
Redevelopment projects often make more efficient use
of the land, and may reduce overall impacts to natural areas. Alternatives
to the technical standards required by this chapter may be appropriate
for certain redevelopment projects. The Design Manual describes alternative
methods and sizing requirements for redevelopment projects. For those
projects that the Stormwater Management Officer determines meet the
definition of a redevelopment project and for which he or she determines
flexibility of standards is appropriate, the applicant may use such
alternative standards.
E.Â
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards set forth in § 228-9A above, the applicant or developer must demonstrate equivalence to such technical standards, and any SWPPP must be prepared by a qualified licensed professional and approved by both the Town and New York State Department of Environmental Conservation.
A.Â
Plan requirements. No application for approval of
a land development activity shall be reviewed or considered until
any required SWPPP or erosion and sedimentation control plan, prepared
in accordance with the specifications of this chapter, is submitted
to the Town of Ithaca and deemed acceptable by the Stormwater Management
Officer, or his or her designee.
B.Â
Contents of a simple erosion and sedimentation control
plan. All simple erosion and sedimentation control plans shall provide
the following:
(1)Â
The names, addresses, and telephone numbers of the
landowner(s) and the developer(s), and the address or Tax Map number
of the proposed project site.
(2)Â
Written description of the project, existing site
conditions, and conditions at adjacent areas in relation to potential
erosion and sediment problems, including locations of on-site and
adjacent off-site surface water(s).
(3)Â
A location map or drawing showing the total site area,
including areas to be disturbed and areas of land that will not be
disturbed.
(4)Â
List of erosion and sedimentation control practices
to be implemented, with maintenance procedures and revegetation plan.
(5)Â
Map showing location of practices to be used for erosion
and sedimentation control.
C.Â
Contents of a basic SWPPP. All basic SWPPPs shall
provide the following:
(1)Â
The names, addresses, and telephone numbers of the
landowner(s) and the developer(s), and the Tax Map number for the
parcel(s) being developed.
(2)Â
Written description of the project, existing site
conditions, and conditions at adjacent areas in relation to potential
erosion and sediment problems, including locations of on-site and
adjacent off-site surface water(s).
(3)Â
A map showing the delineation of the watershed boundaries
in which the project is sited.
(4)Â
Site maps and construction drawing(s) for the project,
including a general location map. At a minimum, the site map must
show, at a scale no smaller than one inch equals 100 feet (e.g., one
inch equal 500 feet is smaller than one inch equals 100 feet):
(a)Â
The total site area.
(b)Â
All proposed development elements, including,
but not limited to, structures and roads.
(c)Â
Areas of land disturbance.
(d)Â
Areas of land that will not be disturbed.
(e)Â
Areas of pre-existing and proposed vegetative
cover.
(f)Â
Locations of on-site and adjacent off-site surface
water(s).
(g)Â
Wetlands and drainage patterns that could be
affected by the land development activity.
(h)Â
Areas of existing and proposed final slopes.
(i)Â
Locations of off-site material, waste, borrow
or equipment storage areas.
(j)Â
Location(s) of the stormwater management practices
and stormwater discharge(s).
(5)Â
Description of the existing soil(s) present at the
site, vegetative surface cover, and site impervious cover present.
(6)Â
A land development plan describing the intended sequence
of construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the Erosion Control Manual, not more than three acres shall be
disturbed at any one time, unless such disturbance is pursuant to
an approved SWPPP.
(7)Â
Description of the pollution prevention measures that
will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff.
(8)Â
Description of the type, quantities, and size of,
and disposal methods for, construction and waste materials expected
to be stored on site, and a description of controls to reduce pollutants
released from these materials, including storage practices to minimize
exposure of the materials to stormwater.
(9)Â
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
and erosion control for each stage of the project, from initial land
clearing and grubbing to project closeout, to include a landscaping
and vegetation plan describing existing woody and herbaceous vegetation
to be preserved and proposed landscaping to be installed.
(10)Â
A site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice shown on drawings with a minimum scale of 1:50.
(11)Â
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment and stormwater runoff
catch basins, with details shown on drawings with a minimum scale
of 1:50.
(12)Â
A list of each erosion control facility, if
any, that will be converted from temporary to permanent control measures.
(13)Â
For each phase of development, submission of
a separate and distinct plan for stormwater erosion and sedimentation
control, including the sequencing plan.
(14)Â
Implementation schedule for the staging and
sequencing of temporary erosion and sediment control practices, including
the timing of initial placement and duration that each practice will
remain in place.
(15)Â
Maintenance and operating procedures and schedules
to ensure continuous and effective operation of the erosion and sediment
control practices.
(16)Â
The name or location and description of any
surface waters that will receive stormwater runoff and/or sedimentation
from the proposed project site.
(17)Â
Description of structural practices designed
to divert flows away from exposed soils, store flows, or otherwise
limit runoff and the discharge of pollutants from exposed areas of
the site to the degree attainable.
(18)Â
Any existing site data that describes the stormwater
runoff at the site.
D.Â
Contents of a full SWPPP. All full SWPPPs shall provide
the following:
(2)Â
A summary section including a narrative describing
each control structure, its purpose, and how the selected controls
will be appropriate and effective for the given conditions and proposed
project.
(3)Â
A drainage area map showing the pre- and postconstruction
watershed boundaries, drainage area and stormwater flow paths, including
municipal drainage system flows.
(4)Â
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions. Such calculations shall include:
(a)Â
Evaluation of the design storm frequency, intensity
and duration for the two-, ten-, twenty-five-, and one hundred-year
storm event.
(b)Â
Time of concentration.
(c)Â
Soil runoff curve number (RCN) based on land
use and soil hydrologic group.
(d)Â
Peak runoff rates and total runoff volumes for
each watershed area, including upstream, off-site contributing areas.
(e)Â
Infiltration rates, where applicable.
(f)Â
Culvert capacities.
(g)Â
Flow velocities.
(h)Â
Data on the increase in rate and volume of runoff
for the specified design storms.
(i)Â
Documentation of sources for all computation
methods and field test results.
(5)Â
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storm.
(6)Â
Calculations for sizing stormwater management facilities
and practices using the following four unified stormwater sizing criteria
as described in the Design Manual:
(7)Â
Description of each permanent postconstruction stormwater
management practice.
(8)Â
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each permanent postconstruction stormwater
management practice.
(9)Â
Dimensions, material specifications and installation
details for each permanent postconstruction stormwater management
practice, including site/construction drawing(s) specifying the location(s),
size(s) and length(s) of each stormwater management practice.
(10)Â
Site map/construction drawing(s) specifying
the location(s), size(s) and length(s) of each erosion and sediment
control practice.
(11)Â
Description of the nonstructural measures (minimum
of two) from the New York State Department of Environmental Conservation's
Better Site Design manual that will be used on the site to reduce
impacts on the watershed, or an explanation of why such measures are
not feasible on the site.
(12)Â
Description and calculations for the use and implementation of any stormwater credits sought to be incorporated into the SWPPP pursuant to § 228-9A(2).
(13)Â
Maintenance and operating procedures and schedules
to ensure continuous and effective operation of each permanent postconstruction
stormwater management practice.
(14)Â
Postdevelopment downstream analysis, if deemed
necessary by the Stormwater Management Officer.
E.Â
Plan certification.
(1)Â
A full SWPPP must be prepared by a qualified licensed
professional and must be signed by the professional preparing the
plan, who shall certify that the design of all stormwater management
practices meets the requirements in this chapter and New York State
law.
F.Â
Certification.
(1)Â
Each contractor and subcontractor who will be involved
in soil disturbance and/or stormwater management practice installation
shall sign a certification statement provided by the Town before undertaking
any land development activity. If no contractor is involved in soil
disturbance and/or stormwater management practice installation, then
said statement shall be signed by the owner and any developers before
any land development activities are undertaken. Said certification
statement shall certify under penalty of law that the signatory understands
and agrees to comply with the terms and conditions of the relevant
stormwater pollution prevention plan or erosion and sedimentation
control plan, and that the signatory understands it is unlawful for
any person to cause or contribute to a violation of water quality
standards established by New York State or any other governmental
authority.
(2)Â
The certification must include the name and title
of the person providing the signature, address and telephone number
of the contracting firm, the address (or other identifying description)
of the site, and the date the certification is made.
(3)Â
The certification statement(s) shall become part of
the SWPPP or simple erosion and sedimentation control plan for the
land development activity.
G.Â
A copy of the basic and full SWPPP shall be retained
at the site of the land development activity during construction from
the date of initiation of construction activities until the date of
final stabilization.
A.Â
Maintenance and inspection during construction.
(1)Â
The developer and landowner of the land development
activity shall at all times properly operate and maintain all stormwater
management practices and systems of treatment and control (and related
appurtenances) to achieve compliance with the requirements of this
chapter. Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
(2)Â
For land development activities meeting any of the thresholds described in § 228-6D (full SWPPP required):
(a)Â
The developer and landowner shall have a qualified
inspector or someone working under the direct supervision of the qualified
inspector conduct site inspections and document the effectiveness
of all erosion and sediment control practices every seven days and
within 24 hours of any storm event producing 0.5 inch of precipitation
or more. Inspection reports shall be signed by the qualified inspector
and submitted within one week of the inspection date to the Stormwater
Management Officer and also copied to the site logbook, which shall
be maintained on site during construction from the date of initiation
of construction activities until the date of final stabilization.
(b)Â
A qualified inspector shall submit to the Town
an initial inspection report prior to the commencement of any land
development activities. This report shall document whether the initial
sediment and erosion control practices have been installed correctly
and are functional. The report shall include the name and contact
information of, and be signed by, the qualified inspector.
(3)Â
For land development activities meeting any of the thresholds described in § 228-6E (basic SWPPP required):
(a)Â
The developer and landowner or his or her representative
shall inspect and document the effectiveness of all erosion and sediment
control practices. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 0.5 inch of
precipitation or more. Inspection reports shall be submitted within
one week of the inspection date to the Stormwater Management Officer
and also copied to the site logbook, which shall be maintained on
site during construction from the date of initiation of construction
activities until the date of final stabilization.
(b)Â
A qualified inspector, developer, landowner
or his or her representative shall submit to the Town an initial inspection
report, prior to the commencement of any land development activities.
This report shall document whether the initial sediment and erosion
control practices have been installed correctly and are functional.
This report shall include the name and contact information of, and
be signed by, the qualified inspector, developer, landowner, or his
or her representative.
B.Â
Maintenance after construction. The landowner and
the owner and the operator of permanent stormwater management practices
installed in accordance with this chapter shall operate and maintain
such practices in compliance with the requirements in the full SWPPP
and to achieve the goals of this chapter. Proper operation and maintenance
of the permanent stormwater management practices includes, but is
not limited to the following:
(1)Â
A preventive/corrective maintenance program for all
stormwater management practices which are installed or used by the
developer, landowner, or owner or operator of the stormwater management
practices in order to achieve the requirements of this chapter.
(2)Â
Written procedures for operation and maintenance of
any stormwater management practices, together with written procedures
for the training of new maintenance personnel.
C.Â
Right-of-way and easement for Town inspections and
maintenance. Where at least one stormwater management practice is
required as part of a project's approval, prior to the issuance of
any building permit, the landowner must execute a right-of-way and
easement that shall be binding on all subsequent landowners. The right-of-way
and easement shall provide for Town access to the stormwater management
practices for inspections, and possible maintenance, by the Town to
ensure that the stormwater management practices are maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. After review and approval by the attorney
for the Town, the right-of-way and easement shall be recorded by the
grantor in the office of the Tompkins County Clerk, and noted on the
subdivision plat (if applicable).
D.Â
Stormwater management practices operation and maintenance
agreements. Where at least one stormwater management practice is required
as part of a project's approval, prior to the issuance of any building
permit, or, in the discretion of the Planning Board, any certificate
of occupancy or certificate of compliance, the landowner must receive
the Town Board's approval of a formal operation and maintenance agreement
for stormwater management practices that is binding on all subsequent
landowners, and recorded in the office of the Tompkins County Clerk
as a deed restriction on the property. In lieu of an operation and
maintenance agreement, the Town may, in its sole discretion, accept
dedication of any existing or future stormwater management practice,
provided such practice meets all the requirements of this chapter
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
[Amended 5-12-2014 by L.L. No. 7-2014]
Where any provision of federal, state, county, or Town statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive provision shall govern except where preempted by state or federal law. Nothing in this chapter shall be construed to affect the applicability of extraction and fill requirements in Town Code § 270-217.
A.Â
Construction inspection.
(1)Â
Erosion and sediment control inspection (for full
SWPPPs, basic SWPPPs, and simple erosion and sedimentation control
plans).
(a)Â
The Stormwater Management Officer may require
such inspections as necessary to determine compliance with this chapter
and may either approve that portion of the work completed or notify
the landowner and developer wherein the work fails to comply with
the requirements of this chapter, the approved SWPPP, or the approved
erosion and sedimentation control plan. The developer and landowner
or his or her representative shall notify the Stormwater Management
Officer or his or her designee at least 48 hours before any of the
following activities, which require inspections:
(b)Â
Additionally, the Town may also conduct random
inspections during all phases of construction. If any violations are
found, the landowner and developer shall be notified of the nature
of the violation and the required corrective actions. The Stormwater
Management Officer may direct that no further work be conducted, except
for site stabilization, until all violations are corrected and all
work previously completed has received approval by the Stormwater
Management Officer.
(2)Â
Inspection of stormwater management practices during
project construction (for full SWPPP). The Town of Ithaca Stormwater
Management Officer or his or her designee is responsible for conducting
inspections of stormwater management practices required by a full
SWPPP. If any violations are found, the landowner and developer shall
be notified of the nature of the violation and the required corrective
actions. The Stormwater Management Officer may direct that no further
work be conducted, except for site stabilization, until all violations
are corrected and all work previously completed has received approval
by the Stormwater Management Officer.
B.Â
Inspection of stormwater management practices after
project completion.
(1)Â
All landowners are required to submit as-built plans
for any stormwater management practices located on site after final
construction is completed. The plan must show the final design specifications
for all stormwater management practices and must be certified by a
professional engineer.
(2)Â
Inspections of stormwater management practices required
by a full SWPPP shall occur on any reasonable basis, including but
not limited to: routine inspections; random inspections; inspections
based upon complaints or other notices of possible violations; inspection
of drainage basins or areas identified as having higher levels of
sediment or other contaminants or pollutants than would be typical
for such basins or areas; inspections of businesses or industries
of a type associated with higher-than-usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than
the typical discharge to cause violations of state or federal water
or sediment quality standards or the SPDES stormwater permit; and
joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to: reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices. Inspections may be performed by the
Stormwater Management Officer or a designee(s).
C.Â
Submission of reports. The Town of Ithaca Stormwater
Management Officer may require additional monitoring and reporting
from entities subject to this chapter as are necessary to determine
compliance with this chapter.
D.Â
Town right of entry for inspection. When any new stormwater
management practice is installed or used on private property or when
any new connection is made between private property and the public
stormwater system, the Town may require the landowner to grant to
the Town of Ithaca the right to enter the property at reasonable times
and in a reasonable manner for the purpose of inspections.
A.Â
Construction completion guarantee. In order to ensure
the full and faithful completion of all land development activities
in compliance with all SWPPP requirements, the Town may require the
applicant, developer or landowner to provide, prior to the commencement
of development, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the Town
of Ithaca as the beneficiary. The security shall be in an amount to
be determined by the Town Board or Planning Board based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the Town of Ithaca, provided that such
period shall not be less than one year from the date of final acceptance
or such other certification that the stormwater management practices
have been constructed in accordance with the approved plans and specifications
and that a one-year inspection has been conducted and the stormwater
management practices have been found to be acceptable to the Town
of Ithaca. Per annum interest on cash escrow deposits shall be reinvested
in the account until the surety is released from liability.
B.Â
Maintenance guarantee. Where stormwater management practices and/or erosion and sediment control practices (collectively referred to in this Subsection B as "practices") are to be operated and maintained by any person or entity other than the Town, the applicant, developer, landowner, or owner or operator of the practices may be required to provide the Town of Ithaca, prior to the commencement of development, with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of the practices both during and after construction, and until the practices are removed from operation. If the applicant, developer, landowner, or owner or operator of the practices fails to properly operate and maintain them, the Town of Ithaca may draw upon the account to cover the costs of proper operation and maintenance, including engineering, legal and inspection costs.
C.Â
Recordkeeping. The Town of Ithaca may require entities
subject to this chapter to maintain and provide to the Town, as specified
by the Town, records demonstrating compliance with this chapter.
A.Â
Notice of violation.
(1)Â
When the Town of Ithaca determines that the requirements
of this chapter are not being met, it may issue a written notice of
violation to the landowner and, in the discretion of the Town, to
any applicant, developer, or owner or operator of stormwater management
practices. The notice of violation shall contain:
(a)Â
The name and address of the landowner and of
any applicant, developer, or owner or operator of the stormwater management
practices receiving the notice of violation.
(b)Â
The address, when available, or a description
of the building, structure or land upon which the violation is occurring.
(c)Â
A statement specifying the nature of the violation.
(d)Â
A description of the remedial measures necessary
to bring the violation into compliance with this chapter and a time
schedule for the completion of such remedial action.
(e)Â
A statement of the fines and penalties applicable
to such violations.
(2)Â
If the remedial measures are not completed to the
satisfaction of the Town's Stormwater Management Officer within the
period set forth in the Town's notice of violation, the Town may enter
the property to undertake the remedial measures or cause them to be
made. The Town's entry onto such private property shall be pursuant
to an agreement between the Town and landowner. If no agreement exists
or can be obtained in a timely manner, the Town may enter such property
to remove an imminent danger to life, property or safety of the public
caused by the inadequate operation or repair of the stormwater management
practices.
(3)Â
The Town shall present the landowner with a bill for
all costs and expenses incurred by the Town in connection with the
remedial measures. If the landowner shall fail to pay such costs and
expenses within 10 days after the demand for same, or within 30 days
of the final decision on any administrative or judicial contest the
landowner may pursue, then such unpaid costs, expenses and interest
at the per annum rate of 9% incurred from the date of the remedial
measures shall constitute a lien upon the land on which the stormwater
management practices are located. A legal action or proceeding may
be brought to collect such costs, expenses, interest, and recoverable
attorney's fees, or to foreclose such lien. As an alternative to the
maintenance of any such action, the Town may file a certificate with
the Tompkins County Department of Assessment stating the costs and
expenses incurred and interest accruing as aforesaid, together with
a statement identifying the property and landowner. The Tompkins County
Department of Assessment shall, in the preparation of the next assessment
roll, assess such unpaid costs, expenses and interest upon such property.
Such amount shall be included as a special ad valorem levy (administered
as a move tax) against such property, shall constitute a lien, and
shall be collected and enforced in the same manner, by the same proceedings,
at the same time, and under the same penalties as are provided by
law for collection and enforcement of real property taxes in the Town
of Ithaca. The assessment of such costs, expenses and interest shall
be effective even if the property would otherwise be exempt from real
estate taxation.
(4)Â
The Town's rights to undertake remedial measures and
recover the costs from the landowner are in addition to all other
rights and remedies allowed by this chapter or by law or in equity.
B.Â
Stop-work orders.
(1)Â
Authority to issue. The Stormwater Management Officer
or Code Enforcement Officer is authorized to issue stop-work orders
under this chapter for violations of this chapter.
(2)Â
Content of stop-work orders. Stop-work orders shall
be in writing, be dated and signed by the issuing officer, state the
reason or reasons for issuance, and if applicable, state the conditions
which must be satisfied before work will be permitted to resume.
(3)Â
Service of stop-work orders. The issuing officer shall
cause the stop-work order, or a copy thereof, to be served on the
owner of the affected property personally or by certified mail. The
issuing officer shall be permitted, but not required, to cause the
stop-work order, or a copy thereof, to be served personally or by
certified mail on any applicant, developer, tenant, contractor, subcontractor,
construction superintendent, owner or operator of stormwater management
practices, or his or her agents, or any other person or entity taking
part or assisting in work affected by the stop-work order; provided,
however, that failure to serve any person or entity mentioned in this
sentence shall not affect the efficacy of the stop-work order.
(4)Â
Effect and duration of stop-work order. Upon the issuance
of a stop-work order, the owner of the affected property, applicant,
and any other person or entity receiving said order or performing,
taking part in or assisting in the work, shall immediately halt all
on-site work and activities, except for those activities that address
the violations leading to the stop-work order, and except for such
work as may be necessary to mitigate or control stormwater and erosion.
The stop-work order shall be and shall remain in effect until the
Town confirms that the land development activity is in compliance
and the violation has been satisfactorily addressed.
(5)Â
Violations of stop-work orders. In addition to any
other right or remedy allowed by this chapter or by law or in equity,
failure to comply with a stop-work order in a timely manner is a violation
of this chapter and may result in civil penalties, criminal fines,
imprisonment and/or injunctive relief in accordance with the provisions
of this chapter.
(6)Â
Remedy not exclusive. The issuance of a stop-work
order shall not be the exclusive remedy available to address violations
of this chapter, and the authority to issue a stop-work order shall
be in addition to, and not in substitution for or limitation of, the
right and authority to pursue any other remedy or impose any other
penalty under other sections of this chapter, under any other applicable
local law or state law, or in equity. Any such other remedy or penalty
may be pursued at any time, whether prior to, at the time of, or after
the issuance of a stop-work order.
C.Â
Violations. Any land development activity that is
commenced or is conducted contrary to this chapter, and all other
violations of this chapter, may be abated in any manner provided by
law.
D.Â
Fines, penalties and injunctive relief.
(1)Â
Fines and imprisonment.
(a)Â
A violation of this chapter's requirements to
obtain or comply with the terms of a full SWPPP is hereby declared
to be an offense, with conviction punishable by a fine of up to $1,000
or imprisonment not to exceed 15 days, or both.
(b)Â
A violation of this chapter's requirements to
obtain or comply with the terms of a basic SWPPP is hereby declared
to be an offense, with conviction punishable by a fine of up to $500
or imprisonment not to exceed 15 days, or both.
(c)Â
A violation of this chapter's requirements to
obtain or comply with a simple erosion and sedimentation control plan
is hereby declared to be an offense, with conviction punishable by
a fine of up to $250 or imprisonment not to exceed 15 days, or both.
(d)Â
Any other violation of this chapter's requirements
is hereby declared to be an offense, with conviction punishable by
a fine of up to $1,000 or imprisonment not to exceed 15 days, or both.
(e)Â
Each day a violation exists shall constitute
a separate violation.
(f)Â
Any police officer or peace officer or any person
who may be lawfully designated by the Town Board shall have the authority
to issue appearance tickets in connection with such violations.
(2)Â
Civil penalties and injunctions.
(a)Â
Persons and other entities that violate this
chapter's requirements to obtain or comply with the terms of a full
SWPPP shall be liable for a civil penalty of up to $1,000 for each
such violation.
(b)Â
Persons and other entities that violate this
chapter's requirements to obtain or comply with the terms of a basic
SWPPP shall be liable for a civil penalty of up to $500 for each such
violation.
(c)Â
Persons and other entities that violate this
chapter's requirements to obtain or comply with the terms of a simple
erosion and sedimentation control plan shall be liable for a civil
penalty of up to $250 for each such violation.
(d)Â
Persons and other entities that violate any
other requirements of this chapter shall be liable for a civil penalty
of up to $1,000 for each such violation.
(e)Â
Each day a violation exists shall constitute
a separate violation.
(f)Â
The Attorney for the Town or his or her designee
may commence an action or special proceeding against the violator
in a court of competent jurisdiction to collect these penalties, together
with costs, disbursements and recoverable attorneys' fees, and/or
to compel compliance with this chapter or restrain by injunction any
such violation.
E.Â
Withholding of issuance of building permit, certificate
of occupancy or certificate of compliance, or inspections. If any
building or land development activity is installed or conducted in
violation of this chapter, the Stormwater Management Officer or Code
Enforcement Officer may withhold any building permit or certificate
of occupancy or certificate of compliance, and/or prevent the occupancy
of said building or land.
[Amended 5-12-2014 by L.L. No. 7-2014]
F.Â
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within the time schedule set forth in a notice of violation, the Town may take necessary corrective action and recover the costs of same pursuant to § 228-15A. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover the costs of such restoration.
