Town of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Newburgh as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 71.
Clearing and grading — See Ch. 83.
Environmental quality review — See Ch. 100.
Flood damage prevention — See Ch. 109.
Subdivision of land — See Ch. 163.
Zoning — See Ch. 185.
[Adopted 5-15-1995 by L.L. No. 4-1995; amended in its entirety 12-21-2009 by L.L. No. 14-2009]
It is the purpose of these regulations to:
A. 
Establish minimum acceptable standards for stormwater management within the Town of Newburgh. These minimum acceptable standards must be met and paid for by the person or firm proposing the subdivision, development and/or site plan where the facilities will be used.
B. 
The amended limitations on construction of stormwater management facilities imposed herein specifically do not apply to mapped subdivisions, developments and site plans which have been finally approved by the Town of Newburgh Planning Board or other authorized authority for which a final map has been filed in the office of the Orange County Clerk or Town offices, as required by law. Previously enacted limitations remain in effect for those projects.
C. 
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 0-08-002 or as amended or revised.
D. 
Require land development 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 GP-0-08-001 or as amended or revised.
E. 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels.
F. 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.
G. 
Maintain the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
H. 
Maintain stormwater runoff rates and volumes, minimize 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.
Since improperly managed stormwater runoff can increase the incidence of flooding and erosion which can adversely affect human life, flora and fauna, these regulations have the following objectives:
A. 
To protect, maintain and enhance both the immediate and long-term health, safety and general welfare of the citizens of the Town of Newburgh.
B. 
To prevent damage from flooding.
C. 
To protect, restore and maintain the chemical, physical and biological integrity of community waters.
D. 
To encourage protection of natural drainage systems, such as wetlands, and use them in ways that do not impair their beneficial functioning.
E. 
To protect, restore and maintain the habitat of fish and wildlife.
F. 
To assure the attainment of these objectives by requiring the approval and implementation of SWPPP's for all activities which may adversely impact surrounding areas.
Unless specifically defined below, words or phrases shall be interpreted so as to give them the meanings they have in common usage and to give these regulations their most effective application. Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.
ADVERSE IMPACTS
Any modifications, alterations or effects on a feature or characteristic of public waters, wetlands or adjacent lands, including their quality, quantity, hydrology, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
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 development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DAM
Any artificial barrier, including any earthen barrier, together with its appurtenant works, which impounds or will impound water.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
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.
DETENTION STRUCTURE
A permanent structure for the temporary storage of runoff, designed so as not to create a permanent pool of water, which gradually releases water over 24 hours at a rate not exceeding the predevelopment rate of runoff. This structure is used to control the peak discharge rates of stormwater and provide gravity settling of pollutants.
DEVELOPER
Any person who engages in development either as the owner or the agent of the owner of property.
A. 
Construction, installation, alteration, demolition or removal of a structure, impervious surface or drainage facility;
B. 
Clearing, scraping, grubbing or otherwise removing or killing the vegetation of a site; or
C. 
Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.
DRAINAGE FACILITY
Any component of the drainage system.
DRAINAGE SYSTEM
The system through which the water flows from the land. It includes stormwater, watercourses, water bodies, groundwater and wetlands.
EROSION
The wearing away or washing away of soil by the action of wind or water.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control Manual, commonly known as the "Blue Book."
FLOOD
The temporary rise in the level of any water body, watercourse or wetland which results in the inundation of areas not ordinarily covered by water.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-impervious areas such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
INFILTRATION BASIN
A permanent structure designed to recharge stormwater runoff to groundwater.
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 DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing 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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NATURAL SYSTEMS
Systems which predominately consist of or use those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OWNER
The person in whom is vested the fee ownership, dominion or title of property, i.e., the proprietor. This term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant, including a developer.
PERSON
Any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
RECEIVING BODIES OF WATER
Any water bodies, watercourses or wetlands into which surface waters flow either naturally, in man-made ditches or in closed conduit systems.
RETENTION STRUCTURE
A permanent structure which provides for the storage of runoff by means of a permanent pool of water without release except by means of evaporation, infiltration or attenuated release when runoff volume exceeds the permanent storage capacity.
SEDIMENT
The fine particulate material, whether mineral or organic, that is in suspension or has settled in a water body.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SEDIMENT FACILITY
Any structure or area which is designed to hold runoff water until suspended particles have settled.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special-concern species.
SITE
Any tract, lot or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision or project.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-0-08-001
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-0-08-002
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.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
The Town of Newburgh Building Inspector or other 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.
STORMWATER MANAGEMENT PLAN
The detailed analysis of stormwater and drainage as described in and required by these regulations.
STORMWATER MANAGEMENT PRACTICES
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or monopoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
STRUCTURE
That which is built or constructed, an edifice or building or any piece of work artificially built or composed of parts joined together in some definite manner, but shall not include fences or signs.
A. 
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.
B. 
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.
TOWN ENGINEER
The duly appointed Town Engineer of the Town of Newburgh or his designated representative.
VEGETATION
All plant growth, including trees, shrubs, herbs, vines, ferns, mosses and grasses.
WATER BODY
Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERSHED
A drainage area or basin contributing to the flow of water in a receiving body of water.
WATERS or PUBLIC WATERS
Any and all water on or beneath the surface of the ground. It includes the water in any watercourse, water body or drainage system. It also includes diffused surface water and water standing, percolating or flowing beneath the surface of the ground.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLANDS
Any area meeting the requirements of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (latest edition), and/or any area identified by the New York State Department of Environmental Conservation (NYSDEC) as being a state-protected wetland.
A. 
Unless exempted pursuant to Subsection B, a stormwater management plan must be submitted and approved before:
(1) 
A plat is recorded or land is subdivided;
(2) 
An existing drainage system is altered, rerouted, deepened, widened, enlarged, decreased or obstructed;
(3) 
The issuance of a building permit;
(4) 
A site plan approval or special use permit is granted by the Planning Board;
(5) 
Approval of a plan which proposes construction of a Town or private road;
(6) 
The issuance of a clearing or grading permit; or
(7) 
All land development activities, as defined in § 157-3 above, not otherwise subject to the approvals and permits listed in this Subsection A, are commenced.
B. 
Exemptions. The following development activities are exempt from the stormwater management plan requirements:
(1) 
Developments which do not disturb more than 10,000 square feet.
(2) 
Agricultural land-management activities.
(3) 
Any maintenance, alteration, use or improvement to an existing structure not changing or affecting quality, rate or location of surface water discharge.
(4) 
Residential developments consisting of single-family dwellings, which disturb less than one acre and not requiring construction of any new public or private road and not part of a larger development scheme which resulted or will result in cumulatively greater than one acre of disturbance.
[Amended 11-7-2011 by L.L. No. 8-2011]
(5) 
Silvicultural activity.
(6) 
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
(7) 
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer or the Town's consultant.
(8) 
Land development activities for which a building permit has been approved on or before the effective date of this article.
(9) 
Cemetery graves.
(10) 
Installation of fence, sign, telephone and electric poles and other kinds of posts or poles.
(11) 
Emergency activity immediately necessary to protect life, property or natural resources.
(12) 
Activities 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.
(13) 
Landscaping and horticultural activities in connection with an existing structure.
A. 
It is the responsibility of an applicant to include in the stormwater management plan sufficient information for the Town Engineer or his designated representative to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on public waters and both public lands and private lands adjacent to the land development activity and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The stormwater management plan shall contain all material necessary to communicate the information required by this section.
(1) 
All calculations, assumptions, criteria and references used in the design of new facilities, examination of existing facilities and comparison of predevelopment to postdevelopment discharges shall be included with the plan. Data must be provided which documents that new development does not adversely impact adjacent properties.
(2) 
All stormwater management data must be prepared and sealed by individuals registered in New York State to perform such duties.
B. 
The stormwater management plan shall contain the name, address and telephone number of the owner and the developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as major water bodies, adjoining roads, railroads, subdivisions or other municipalities shall be clearly identified by a map.
C. 
The existing environmental and hydrologic conditions of the site and of receiving waters and wetlands shall be described in detail, including the following:
(1) 
A plan showing the predevelopment conditions of the site at a scale of at least one inch equals 50 feet and a map at a scale of at least one inch equals 500 feet which shows all contributory drainage areas to the study point.
(2) 
The flow rate of stormwater runoff under existing conditions.
(3) 
A description of all watercourses, water bodies and wetlands on or adjacent to the site or into which the stormwater flows. Information regarding the existing water quality, if any, and the receiving water quality classification as determined by the NYSDEC shall be included.
(4) 
Groundwater levels from readily available data sources.
(5) 
The location of floodplains.
(6) 
Land cover.
(7) 
Topography at two-foot contour intervals.
(8) 
Soils, including erodibility, percolation rate, depth to groundwater and depth to bedrock, etc.
D. 
Proposed alterations of the site shall be described in detail and shown on plans at a scale of at least one inch equals 50 feet, including:
(1) 
Changes in topography, with all grading shown with two-foot contour intervals or less;
(2) 
Limits of proposed disturbed area;
(3) 
Proposed ground coverage, i.e., pavement, gravel, houses, buildings, lawns, etc., and their areas;
(4) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance; consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
(5) 
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;
(6) 
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
(7) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
(8) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
(9) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(10) 
Temporary practices that will be converted to permanent control measures;
(11) 
Implementation schedule for tagging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(12) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(13) 
Name(s) of the receiving water(s);
(14) 
Delineation of SWPPP implementation responsibilities for each part of the site;
(15) 
Description of structural practices designed to divert flows from exposed soils, store flows or otherwise limit runoff and the discharge of pollutant from exposed areas of the site to the degree attainable; and
(16) 
Any existing data that describes the stormwater runoff at the site.
E. 
All components of the drainage system and any measures for the detention, retention or infiltration of water or for the protection of water quality shall be described in detail, including:
(1) 
The channel, direction, flow rate and quality of stormwater that will be conveyed from and/or through the site, with a comparison to the existing conditions. (In no case will any facility or construction be allowed that raises the existing water surface elevation on upstream or downstream properties, unless specifically agreed to by those property owners.)
(2) 
Detention, retention and/or infiltration structures, including plans for the discharge of contained waters, maintenance plans and predictions of water quality in those areas.
(3) 
A tabulation of water quality volumes and storage, discharge curves with corresponding water surface elevations, inflow hydrographs, outflow hydrographs and dewatering/infiltration times will be required to be submitted with all detention, retention and infiltration facilities.
(4) 
All plans, with defined subcatchment areas, and profiles of the proposed drainage facilities, including the size and type of material.
(5) 
Erosion control plans for all development activities.
(6) 
All calculations and design information in accordance with the design section of these regulations.
(7) 
General specifications for the construction of all components of the drainage system.
(8) 
Any other information which the Town Engineer or his designated representative believes is reasonably necessary for evaluation of the plans.
To ensure attainment of the objectives of these regulations and to ensure that performance standards will be met, the design, construction and maintenance of drainage systems shall be consistent with the following standards:
A. 
In the interest of reducing the total area of impervious surface, preserving existing features, which are critical to stormwater management, and reducing the concentration of stormwater flow, maximum use shall be made of existing on-site natural and man-made stormwater management facilities.
B. 
Innovative stormwater management facilities may be proposed (e.g., rooftop storage, underground storage structures and infiltration systems), provided that they are accompanied by detailed engineering plans and demonstrate performance capabilities that are acceptable to the Town Engineer or his designated representative.
C. 
Stormwater management facilities shall be provided so the peak discharge of the calculated postdevelopment runoff to an adjacent property, watercourse or water body does not exceed the peak discharge of the predevelopment runoff. Point discharge of stormwater runoff to an adjacent property, watercourse or water body will not be allowed in the postdevelopment design if one did not exist in the predevelopment condition. Point discharge is required to be returned to sheet flow or an easement will be required to be obtained from the adjoining property owner if this condition cannot be met. Calculating and supporting documentation and designs will be required regarding point discharges being returned to sheet flows.
D. 
Runoff calculations for the predevelopment and postdevelopment comparison shall consider the 90% storm event one- , ten- , twenty-five-year for pipe sizing, and one-hundred-year storm frequencies.
E. 
For predevelopment computations, all runoff coefficients within the study area shall be based on actual land use conditions.
F. 
Stormwater management practices in compliance with NYSDEC standards and guidelines and other approved alternatives shall be used to retain and detain the increased and accelerated runoff and reduce pollutants in runoff which the development generates. Water shall be released from these areas at a rate equal to or less than the predevelopment conditions of the storm event. Measures shall be taken to protect the outfall area from erosion. Water quality volume shall be addressed by any proposed postdevelopment design.
G. 
Retention/detention basins shall be designed to safely discharge the peak discharge from the postdevelopment one-hundred-year storm frequency event through an emergency spillway in a manner which will not damage the integrity of the basin or cause damage to adjoining properties.
H. 
Retention/detention basins shall be landscaped in accordance with current engineering practices, the New York guidelines for Erosion and Sediment Control and any additional landscaping requirements imposed by a reviewing board of the Town pursuant to its authority.
I. 
Retention/detention basins which may be used to collect sediment during construction operations must have all sediment removed at any time that it is at 60% of its original capacity. Upon completion of all construction, any sediment in the basin must be removed and the basin shall be reshaped to the design dimensions and stabilized. A maintenance schedule must be provided that indicates how often the basin is to be cleaned thereafter and who is responsible for maintaining it.
J. 
Retention/detention basins which are designed with a dam shall incorporate the following minimum standards:
(1) 
The maximum water depth shall not exceed 10 feet unless approved by waiver of the Town Board.
(2) 
The minimum top width of dams shall be 10 feet.
(3) 
The side slopes of earth fill dams shall not be steeper than three feet horizontal to one foot vertical on the downstream side of the embankment.
(4) 
Basins designed with permanent opened water shall be fenced.
(5) 
A cutoff trench of impervious material shall be provided under all dams.
(6) 
All pipes and culverts through dams shall have properly spaced cutoff collars or factory welded antiseep collars.
(7) 
A minimum of one foot freeboard, computed from the maximum water surface elevation during the one-hundred-year storm event, shall be provided in all basins.
(8) 
The minimum floor elevation of all structures that would be affected by a basin or other water impoundments or open conveyance systems where ponding may occur shall be two feet above the one-hundred-year water surface elevation.
K. 
Runoff calculations for stormwater management facilities shall be based upon the following methods:
(1) 
SCS — TR-20 (latest revision) is the recommended and preferred method for the study of watersheds with a drainage area greater than 100 acres. SCS — TR20 or SCS — TR-55 Tabular Hydrograph Method (latest revision) may be used for the study of watersheds with a drainage area greater than 200 acres.
(2) 
SCS — TR-55 Graphical Peak Method (latest revision) may be used in lieu of the Tabular Hydrograph Method for sizing conveyance systems or checking peak flows only. It shall not be used for basin routing or subarea routing as it does not provide an adequate hydrograph.
(3) 
Other standard engineering models with approval of the Town Engineer or his designated representative.
(4) 
Stormwater runoff shall be based on the following twenty-four-hour storm events with a Type III distribution:
Storm Event
Inches of Rainfall
1-year
2.9
10-year
5.5
25-year
6.5
100-year
8.0
Source: SCS Technical Release 55
(5) 
Use of other criteria, assumptions, references, calculation methods and computer programs may be utilized, provided that detailed design information and programming, with references, are submitted to and found acceptable by the Town Engineer or his designated representative prior to submission of the stormwater management plan.
(6) 
Pipe size calculation shall be based on twenty-five-year return frequency storm events.
L. 
The design plan and construction schedule shall incorporate measures to minimize soil erosion and sedimentation.
M. 
Consideration shall be given to the relationship of the subject property to the drainage pattern of the watershed.
N. 
Stormwater shall not be transferred from one watershed to another unless:
(1) 
The watersheds are subwatersheds of a common watershed which join together within the perimeter of the property.
(2) 
The effect of the transfer does not alter the peak discharge onto adjacent lands, watercourse or water bodies at any point.
(3) 
Easements from the affected landowners are provided.
O. 
Technical references. For the purpose of this article, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article:
(1) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, April 2008, most current version or its successor, hereafter referred to as the "Design Manual").
(2) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, August 2005, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
P. 
Technical standards.
(1) 
For all swales and gutters, the "n" factors used to determine capacity and velocity shall be based on accepted engineering practices.
(2) 
Corrugated metal pipe will not be allowed to be used in any drainage system or facility without the approval of the Town Superintendent of Highways and the Town Engineer or his designated representative. If allowed, corrugated metal pipe shall be fully asphalt coated with paved inverts and the "n" factor shall be 0.022 for annular pipe and 0.017 for helical pipe.
(3) 
The "n" factor for concrete pipe shall be 0.013.
(4) 
The "n" factor for polyethylene pipe shall be 0.010 for smooth interior pipe and 0.019 for corrugated interior pipe.
(5) 
Manufacturer's specifications may be submitted to the Town Engineer or his designated representative for acceptance if other types of pipes or sizes of pipes indicate that another value of "n" should be used.
(6) 
Catch basins shall be designed with a sump of 16 inches.
(7) 
Catch basin inlet capacity shall be based on design data provided by the manufacturer.
(8) 
Any existing drainage structures within 200 feet of the subdivision/site shall be included in the stormwater management plan. Structures that convey streams shall be checked to determine if they have the capacity to carry the fifty-year-storm flows, and all other structures shall be checked for capacity to carry the twenty-five-year storm flows.
(9) 
A tabulation of flows through all drainage systems shall be submitted with the plans.
(10) 
Culvert design shall consider inlet/outlet control at each structure or hydraulic losses shall be calculated through the system. These calculations are to be submitted as part of the plans. At a minimum, when pipe sizes change, the tops of the pipes shall match in elevation.
(11) 
All culverts having diameters of 24 inches to 48 inches shall have a removable inlet grating of five-eighths-inch diameter (minimum) reinforcing bars spaced approximately six inches on center. All design calculations are to reflect this inlet control condition.
Q. 
Catch basins shall be located in the swale along open section roadways. The calculated depth of flow in the swale shall not exceed 1/2 of the total depth of the swale before placing a catch basin. The catch basin shall be capable of accepting 100% of the flow in the swale. On closed section roadways, catch basins shall be located along the curbline and are not permitted along the curb radius at intersections. For the purpose of catch basin placement, the depth of flow along the curb and across intersections shall not exceed two inches.
R. 
Manholes and catch basins shall not be spaced more than 300 feet apart. Structures shall be placed at all points of changes in horizontal or vertical direction.
S. 
Curves in pipes will only be allowed where manufacturer's information clearly demonstrates that the integrity of the pipe system will not be compromised by such curving. As a general rule, only pipes of 24 inches or larger in diameter may be curved.
T. 
Stormwater collection systems shall have a minimum diameter of 15 inches and shall be designed to have a minimum velocity of three feet per second. However, at the terminus of the system, the flow velocity at the discharge point shall not exceed four feet per second prior to the flow entering a natural watercourse, water body or adjacent property.
U. 
The maximum swale, gutter or curb velocity of stormwater runoff shall be maintained at levels which result in a stable condition both during and after construction. Swales shall be designed and stabilized in accordance with New York Standards and Specification for Erosion and Sediment Control, current version or its successor. A minimum of six inches of freeboard shall be provided above the flow depth in the swale. Swales shall be designed to allow for infiltration of stormwater runoff and removal of pollutants from the runoff whenever possible. This can be accomplished by keeping the swale at as flat a slope as possible, stabilizing the swale with a water-tolerant, erosion-resistant grass that will not be mowed close to the ground, increasing the percolation ability of the swale by tilling the soil before establishing vegetative cover and installing check dams with rip rap on the downstream side to prevent scouring.
V. 
Drainage facilities not located within public rights-of-way shall be located within easements.
W. 
When plan applications are submitted in sections, each section shall control stormwater runoff and sedimentation as though it were a separate entity. If temporary facilities are required for construction of a section, they shall meet all of the requirements of these regulations. A construction or phasing schedule shall be submitted with each plan and shall demonstrate the methods to be used to minimize stormwater runoff and soil erosion and sedimentation.
X. 
Stormwater management facilities shall not be constructed within or discharge directly to wetland areas, wetland buffer areas or existing water bodies unless either:
(1) 
The appropriate permits from applicable regulatory agencies have been obtained; or
(2) 
A letter from said agencies has been obtained stating that a permit is not required for the proposed work. Copies of the permits or letters shall be submitted to the Town Planning Board for review by the Town Engineer or his designated representative prior to the final approval of the plan.
Y. 
Individual lots, buildings and dwellings shall be provided with drainage facilities to assure proper runoff from roofs, driveways, paved areas and footing drains. Footing drains shall discharge to free-flowing outlets. The installation of such facilities shall be in accordance with these regulations and the Town of Newburgh Street Specifications[1] and are required prior to the issuance of a certificate of occupancy.
[1]
Editor's Note: See Ch. 161, Street Specifications.
Z. 
Water quality standards. 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.
AA. 
Stormwater discharges should be consistent with the thermal criteria found in Part 704 of the Water Quality Regulations, Title 6, Chapter X, New York State Codes, Rules and Regulations.
Stormwater management plans must demonstrate that the proposed development or land development activity has been planned and designed and will be constructed and maintained to meet each of the following standards:
A. 
Ensure that, after development, runoff from the site equals or reduces the rate of flow and quality of runoff that would have occurred following the same rainfall under existing conditions.
B. 
Maintain the existing hydrologic characteristics of the watershed.
C. 
Protect the quality of groundwater and surface waters.
D. 
Protect groundwater levels.
E. 
Protect the beneficial functioning of wetlands as areas for the natural storage of surface waters and the chemical reduction and assimilation of pollutants.
F. 
Prevent increased flooding and damage that results from improper location, construction and design of structures in areas which are presently subject to an unacceptable danger of flooding.
G. 
Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat.
H. 
Otherwise further the objectives of these regulations.
A. 
The applicant shall reserve easements or drainage rights-of-way within the subdivision or over the site, as the case may be, where stormwater or surface water drainage facilities are existing or proposed, whether man-made or natural. The easements shall conform as closely as possible to the lines of such course and shall also meet the following criteria:
(1) 
Easements shall have a minimum width of 20 feet and shall be adequately designed to provide area for the collection and discharge of water, the maintenance and repair of the facility and the passage of equipment for such work.
(2) 
In the case of streams or open channel drainage, the easement shall encompass the one-hundred-year storm event or the flood of record, plus one foot freeboard above that elevation. Calculations acceptable to the Town Engineer or his designated representative supporting those elevations shall be submitted with the plans.
(3) 
When a proposed drainage system carries water onto adjacent lands where no discharge point existed in the predeveloped condition, stormwater will be returned to a sheet flow condition prior to exit from the site or an easement must be obtained from the downstream property owner(s).
(4) 
The plans shall clearly indicate who has the right of access and the responsibility of maintenance for all facilities.
(5) 
Easements shall include the right to trim, cut and remove any trees, limbs, shrubs, underbrush, debris, structures, fences, obstructions or other objects located within the easement which, in the sole judgment of the easement holder, may interfere with, obstruct or endanger the use and maintenance of the easement for drainage or stormwater management purposes.
B. 
Where a new stormwater management or drainage facility is proposed to be dedicated to the Town of Newburgh or a duly established drainage or improvement district of the Town and is outside a proposed, dedicated public street right-of-way, the facility shall be either:
(1) 
Located on property proposed to be deeded in fee to the Town; or
(2) 
Located in an easement area which is outside the applicable minimum yard setback areas for each lot on which the facility is situated, and for which easement rights satisfactory to the Town can be conveyed by the applicant, its successors and assigns.
A. 
It is the financial responsibility of the owner and subsequent landowners to maintain the proposed stormwater management system as it was designed and constructed. Good maintenance involves periodic cleaning and dredging of pipes and basins and mowing and maintaining proper land cover. A stormwater management plan cannot be approved by the Town Planning Board unless the applicant can show that a financial mechanism will be established which ensures that the owner and subsequent landowners have the financial ability to maintain the stormwater management system in accordance with a maintenance schedule approved by the Board. Should the owner propose to transfer the ownership and management responsibility to a homeowners' association, the subdivision or site plan covenants must indicate how the association will bear the financial burden of maintaining the stormwater management facilities and collect the necessary funds. Additionally, the homeowners' association must be registered pursuant to § 352-e of the New York State General Business Law.
B. 
The Planning Board, at its discretion, may require that a maintenance security be posted to meet this obligation. The amount of the security shall be equal to the estimated cost of maintaining the system for a period of five years.
C. 
The systems maintained by the owner or homeowners' association shall have adequate easements to permit the Town Engineer or his designated representative to inspect and, if necessary, for the Town of Newburgh or its agents to enter upon the property and to take corrective measures should the owner fail to properly maintain the system. Before taking corrective action, the Town Board shall give the owner written notice of the nature of the existing defects. If the owner fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Board of Zoning Appeals, the Town Board may take necessary corrective action, the cost of which shall become a lien on the real property until paid. In the case of a homeowners' association, such lien may be placed on the real property of each of the members of the homeowners' association until payment is made. This remedy shall not be deemed to be exclusive and the Town shall retain all other enforcement rights.
D. 
Improvements may be dedicated in connection with the formation of a drainage district with approval by the Town Board in accordance with the procedures set forth in Articles 12 or 12-A of the Town Law. It shall be the owner's sole responsibility to submit to the Town a satisfactory map, plan and report prepared by a licensed professional engineer and a petition for the establishment of a drainage district satisfying the requirements of Article 12.
A. 
Improvements and related measures. The estimated costs of the following improvements and related measures, where applicable, which are associated with the stormwater management plan are required to be included in the amount of the performance security:
(1) 
Storm drainage systems, including but not limited to catch basins, manholes, pipes, swales, basins and infiltration systems.
(2) 
Erosion and sediment control, including grading and stabilization, for both temporary and permanent restoration.
(3) 
As-built or record drawings.
(4) 
Any other items which may be reasonably deemed to be required by the Town Engineer or his designated representative. The applicant's engineer is to prepare the estimate and submit it to the Town Engineer or his designated representative for review and recommendation to the Town Board.
B. 
Performance security. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the stormwater management plan, a performance security shall be delivered to the Town Clerk to guarantee to the Town that the applicant will faithfully cause to be constructed and completed within a reasonable time the required improvements and related measures or permanently restore the areas of disturbance. Before the Planning Board grants final approval of a subdivision plat, site plan, special permit or other required approval, the applicant shall follow the procedure set forth below:
(1) 
In an amount set by the Town Board based on submission of final design plans, with reference to actual construction and landscaping costs, the applicant shall either file with the officer the Town designates a certified check to cover the full cost of the required improvements and related measures or to permanently restore the areas of disturbance, or an adequate and acceptable letter of credit or performance bond issued by a bank or surety company acceptable to the Town to cover the full cost of the required improvements and related measures or permanent restoration of the areas of disturbance, or any combination thereof. Any such performance security shall be satisfactory to the Town Board and the Town Attorney or attorney for the Town as to form, sufficiency, manner of execution and surety. The performance security shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than three years or one year from the date of final acceptance or such other certification that the improvements have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the improvements have been found to be acceptable to the Town, whichever is later, or in the case of a letter of credit, a minimum period of one year with provision for continuing automatic renewal for a total period of at least three years. The term of such performance security may be required to be extended and the amount of the security increased by the Town Board if improvements are not completed or areas of disturbance not permanently restored within the original term of the security.
(2) 
The required improvements shall not be considered to be completed until the installation of the improvements has been accepted by the Town Engineer or his designated representative and any appropriate Town department head and as-built or record drawings satisfactory to the Town Engineer or his designated representative have been submitted. The performance security or certified check for all required improvements specified in Subsection A(1) above shall not be released until such as-built plans are submitted and the performance security shall additionally secure the completion of the as-built or record drawing. The Town shall release the security upon certification of the Town Engineer or his designated representative that all requirements of the security have been satisfied.
(3) 
The applicant shall complete all required improvements or have posted the required performance security, either or both to the satisfaction of the Town Board, before any building permits shall be issued.
(4) 
If the Town Engineer or his designated representative, as the case may be, shall decide at any time during the term of performance that the required improvements and related measures have been installed as provided in this section and by the Town Engineer or his designated representative to a sufficient extent and amount to warrant reduction in the face amount of said security, or if the Town Engineer or his designated representative, as the case may be, shall determine that the character and extent of such development requires additional improvements previously waived for a period stated at the time of fixing the original terms of such security, the Town Board upon recommendation of the Town Engineer may modify its requirements for any or all such improvements, and the face value of such performance security shall thereupon be reduced or increased by an appropriate amount so that the new face value will cover the cost in full of the amended list of improvements required by the Planning Board or Town Engineer and any security deposited may be reduced or increased proportionately.
A. 
Any person planning a development as defined in these regulations or undertaking land development activity as defined by these regulations, unless exempted, shall submit a stormwater management plan to the Town Planning Board or Stormwater Officer, as appropriate. Developers and consultants are urged to discuss stormwater management approaches for specific projects with the Planning Board prior to submittal of preliminary plans.
B. 
The application fee, in accordance with Chapter 104, Fees, of the Code of the Town of Newburgh is to be paid at the time the stormwater management plan permit application is submitted. In the event that land development activity under an approved stormwater management plan is divided among separate owners or developers due to subdivision, lease or other arrangements, then a separate permit for each lot, lease or arrangement shall be required and an additional fee for administration and compliance inspection shall be paid at the time each permit or building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
[Amended 11-7-2011 by L.L. No. 8-2011]
C. 
Charges for technical review of the stormwater management plan may be charged against the escrow established for professional consultant reviews in accordance with Chapter 104, Fees, of the Code of the Town of Newburgh; all charges must be paid by the applicant prior to final approval of the plan.
D. 
Within the same time frame as is applicable to the approval of accompanying subdivision plats, site plans or special permits, as the case may be, or 62 days following submission of the completed stormwater management plan, the Town Planning Board shall approve, with or without specified conditions or modifications, or reject the plan and notify the applicant accordingly. The Town Engineer or his designated representative shall provide a written evaluation of the applicant's submission. If the Planning Board has not rendered a decision within the time frames specified above following completed plan submittal, it shall inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the Planning Board shall state the reasons.
E. 
The stormwater management plan must meet all of the requirements as specified in these regulations in order to be approved.
F. 
The stormwater management plan will not be approved unless adequate provisions have been made for inspection of the property before any development activity begins. The applicant shall arrange with the Town Engineer or his designated representative for scheduling the following inspections:
(1) 
Initial inspection prior to approval of the stormwater management plan (this inspection is at the discretion of the Town Engineer or his designated representative).
(2) 
Construction inspection to be made during construction of underground drainage structures and during construction of any basin dams.
(3) 
Erosion control inspection, to ensure erosion control practices are in accord with the Plan.
(4) 
As-built inspection to be made when all work has been completed. Although inspections will be made by the Town Engineer or his designated representative or his designate, it is the responsibility of the applicant to provide certification to the Town, in writing, with the as-built plans, that all work has been completed in accordance with these regulations. The applicant will be notified, in writing, of any deficiencies noted at the site. These items shall be promptly corrected by the applicant or the applicant will be subject to the penalty provisions of these regulations.
G. 
Contractor certification.
(1) 
Each contractor and subcontractor identified in the stormwater management plan who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater management plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made.
(3) 
The certification statement(s) shall become part of the stormwater management plan for the land development activity.
H. 
Prior to the signing of any plat or plan or the issuance of any special permit referenced in § 157-4 above containing stormwater management facilities proposed to be dedicated to the Town or a Town improvement district, the applicant shall deliver in form acceptable to the Town Attorney or attorney for the Town an irrevocable offer of dedication, acceptable for recording, describing the proposed easement or deed area of the facilities by metes and bounds, together with such other signed and completed documents, including but not limited to a Form TP-584, as are required for the recording of the offer of dedication.
I. 
Maintenance during construction.
(1) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
The applicant or developer or his or her representative shall be on site at all times when construction or grading activity and/or other development takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed at a minimum of every seven days. The reports shall be delivered to the Stormwater Management Officer or his designated representative and also copied to the site log book with the SWPPP.
(3) 
The applicant or developer shall provide for access to the facility at reasonable times for periodic inspection by the Town of Newburgh to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and shall secure all necessary easements from the owner and any subsequent landowner for such access.
J. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure that 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 § 157-6.
K. 
Maintenance agreements. A formal maintenance agreement executed by the landowner and the Town of Newburgh for stormwater management facilities binding on all subsequent landowners served by the facilities and all other parties having an interest in the property shall be recorded in the office of the County Clerk in the same manner as a deed restriction on the property prior to final plan approval. Documents required to record the maintenance agreement shall additionally be executed and delivered. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1]
[1]
Editor's Note: Schedule A is on file in the Town offices.
L. 
Dedications.
(1) 
The Town of Newburgh, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by fee title or perpetual easement, for inspection and regular maintenance. The requirements for dedication of stormwater management and drainage facilities to the Town of Newburgh or a duly established district of the Town include the following:
(a) 
A title insurance policy, insuring the Town, in the minimum amount of at least $35,000 for each deeded or easement area to be dedicated. The title insurance policy must be acceptable to the Town Attorney or attorney for the Town and must insure that the Town is obtaining title to the deeded areas or easements free and clear of all liens and encumbrances, excepting only such existing utility easements as the Town determines in its sole discretion will not interfere with the inspection, maintenance and repair of the facilities. Applicants may be required to submit title updates prior to acceptance of dedication.
(b) 
Full covenant and warranty deed, conveying to the Town title of the area to be dedicated or a perpetual easement for the diversion and discharge of drainage waters and for related drainage purposes, including but not limited to constructing, excavating, laying, installing, reconstructing, operating, maintaining, repairing, replacing and relocating the facilities, which is acceptable to the Town Attorney or attorney for the Town, together with such other signed and completed documents, including but not limited to a Form TP-584 and an Equalization and Assessment Form, and recording fees as are required for the recording of the instrument.
(c) 
Certification by a professional engineer or surveyor that the facilities to be dedicated have been completed in accordance with the approved plans and specifications of the Town and that all construction has been completed in a workmanlike manner.
(d) 
As-built or record drawings of the facilities.
(e) 
A maintenance security, acceptable to the Town, guaranteeing to the Town that the applicant or developer will maintain the facilities to the Town's standards, normal wear and tear excepted, for a period of at least two years from the date of the acceptance of the dedication. The maintenance security must be in an amount equal to at least 10% of the original performance security.
(f) 
A maintenance security letter acknowledging the maintenance responsibilities of the applicant or developer, acceptable to the Town.
(g) 
If the developer is a corporation or limited liability company, the developer must deliver a corporate resolution certified by an appropriate corporate officer or a unanimous written consent of the board of directors and shareholders of the corporation or members of the limited liability company to the dedication.
(h) 
Payment of such fees for Town processing and recording expenses and such escrow deposits for reimbursements of professional service costs as the Town Board may establish and amend by resolution from time to time as are reasonably related to the complexity of the application and necessary review by the Town through its consultants' fees for services.
(2) 
The Town of Newburgh may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates of stormwater management plan review and inspections, or stormwater management plan maintenance performed by the Town of Newburgh or performed by a third party for the Town of Newburgh.
A. 
Erosion and sediment control inspection.
(1) 
The Stormwater Management Officer or Town consultant may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the stormwater management plan as approved. To obtain inspections, the applicant shall notify the Stormwater Management Officer or, if so directed, Town consultant, or designee at least 48 hours before any of the following as required by the Stormwater Management Officer:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season.
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas.
(2) 
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer or his designee.
B. 
Inspection of stormwater management practices and stormwater facilities after project completion.
(1) 
The Town Engineer or his designated representative is responsible for conducting inspections of stormwater management practices.
(2) 
Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
C. 
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
D. 
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Newburgh the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 157-11H and I above.
E. 
Notice of violation.
(1) 
When the Town of Newburgh determines that a land development activity is not being carried out in accordance with the requirements of this article, it may issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(a) 
The name and address of the owner, developer or applicant.
(b) 
The address, when available, or a description of the building, structure or land upon which the violation is occurring.
(c) 
A statement specifying the nature of the violation.
(d) 
A description of the remedial measures necessary to bring the land development activity into compliance with this article and a time schedule for the completion of such remedial action.
(e) 
A statement of the penalty or penalties that shall be assessed against the person to whom the notice of violation is directed.
(f) 
A statement that the determination of violation may be appealed to the Zoning Board of Appeals by filing a written notice of appeal within 15 days of service of notice of violation.
(2) 
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal service of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested, to such person(s) at his or her last known address. A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Zoning Board of Appeals. The administrative appeal shall be subject to the same application fee as is set forth in Chapter 104, Fees, for variances, and the Zoning Board of Appeals Chairperson may require an applicant to deposit with the Secretary to the Zoning Board of Appeals an escrow deposit to cover the reasonable costs for consultant services in connection with the application upon the same terms as set forth in § 104-2E(4) for variances.
F. 
Stop-work orders. The Town of Newburgh may issue a stop-work order for violations of this article. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Newburgh confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal or monetary penalties in accordance with the enforcement measures authorized in this article.
G. 
Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise corrected or abated in a manner provided by law.
H. 
Penalties.
(1) 
Any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
(2) 
In addition to or as an alternative to any penalty provided herein or by law, any person violating any provision of this article shall be subject to a civil penalty enforceable and collectible by the Town in an amount not exceeding $250 for each day the violation continues until the violation has been corrected or otherwise abated in a manner approved by the Stormwater Management Officer or his designated representative.
I. 
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Stormwater Management Officer may prevent the occupancy of said building or land.
J. 
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Newburgh may take necessary corrective action, the cost of labor and materials for which shall become a lien upon the property until paid. In the event the land is titled in a homeowners' association which fails to pay for required corrective action, the Town may have a lien placed on the real property of members of the homeowners' association until payment is made.
Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a stormwater management plan, issuance of a written notice of violation, or an alleged failure to properly enforce the article in regard to a specific application, shall have the right to appeal the action to the Zoning Board of Appeals. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under the Town's Zoning Code.[1]
[1]
Editor's Note: See Ch.185, Zoning.
[Adopted 11-7-2011 by L.L. No. 8-2011]
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Newburgh through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this article are:
A. 
To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;
B. 
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. 
To prohibit illicit connections, activities and discharges to the MS4;
D. 
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article and impose penalties and remedies for noncompliance; and
E. 
To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) and any amendments thereto.
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES Permit for Stormwater Discharges from Construction Activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL
New York State licensed professional engineer or licensed architect.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
A. 
Any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; and/or
B. 
Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 157-19 of this article.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY
Activities requiring authorization under the SPDES Permit for Discharges from Industrial Activities Except Construction, GP-98-03, as amended or revised.
MUNICIPALITY
The Town of Newburgh.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
(1) 
Owned or operated by the Town of Newburgh;
(2) 
Designed or used for collecting or conveying stormwater;
(3) 
Which is not a combined sewer; and
(4) 
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON
Any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity acting as either the owner or occupant of premises, or as the owner's or occupant's agent.
POLLUTANT
Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
(1) 
Discharge Compliance with Water Quality Standards. The condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
(2) 
303(d)-Listed Waters. The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d)-listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d)-listed water.
(3) 
Total Maximum Daily Load (TMDL) Strategy. The condition in the municipality's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
(4) 
Total Maximum Daily Load (TMDL) Implementation. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT ADMINISTRATOR/OFFICER (SMA/SMO)
The Town of Newburgh Building Inspector, engineer, or other person designated by the Town Board to enforce this article. The SMA may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
303(d) LIST
A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d)-listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL)
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
This article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
The Stormwater Management Administrator(s) [SMA(s)] shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMA as may be authorized by the Town Board.
The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article.
A. 
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsections A(1) through (4) below. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) 
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the Town has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) 
Discharges approved in writing by the SMA to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMA may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
(3) 
Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMA prior to the time of the test.
(4) 
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
B. 
Prohibition of illicit connections.
(1) 
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this article if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue.
No person shall operate a failing individual sewage treatment system in areas tributary to the municipality's MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
A. 
The backup of sewage into a structure.
B. 
Discharges of treated or untreated sewage onto the ground surface.
C. 
A connection or connections to a separate stormwater sewer system.
D. 
Liquid level in the septic tank above the outlet invert.
E. 
Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
F. 
Contamination of off-site groundwater.
A. 
Activities that are subject to the requirements of this section are those types of activities that:
(1) 
Cause or contribute to a violation of the municipality's MS4 SPDES permit.
(2) 
Cause or contribute to the municipality being subject to the special conditions as defined in § 157-15 (Definitions) of this article.
B. 
Such activities include prohibited discharges or connections and failing individual sewage treatment systems as defined in § 157-20, improper management of animal waste or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
C. 
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions (as determined or approved by the SMA) to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
A. 
Best management practices. Where the SMA has identified illicit discharges as defined in § 157-15 or activities contaminating stormwater as defined in § 157-21, the Town may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1) 
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
(2) 
Any person responsible for a property or premises, that is, or may be, the source of an illicit discharge as defined in § 157-15 or an activity contaminating stormwater as defined in § 157-21 may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutants) to the MS4.
(3) 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
B. 
Individual sewage treatment systems; response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants. Where individual sewage treatment systems are contributing to the municipality's being subject to the special conditions as defined in § 157-15 of this article, the owner or operator of such individual sewage treatment systems shall be required to:
(1) 
Maintain and operate individual sewage treatment systems as follows:
(a) 
Inspect the septic tank annually to determine scum and sludge accumulation. Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee at the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee. Inspection of the tank for cracks, leaks and blockages shall be done by the septage hauler at the time of pumping of the tank contents;
(b) 
Avoid the use of septic tank additives;
(c) 
Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and
(d) 
Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items.
(2) 
Repair or replace individual sewage treatment systems as follows:
(a) 
In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b) 
A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves:
[1] 
Relocating or extending an absorption area to a location not previously approved for such.
[2] 
Installation of a new subsurface treatment system at a new or the same location.
[3] 
Use of alternate system or innovative system design or technology.
(c) 
A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system.
A. 
The SMA may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMA shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMA may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMA will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefore. The violator may petition the SMA for a reconsideration and hearing. Access may be granted by the SMA if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMA determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the SMA.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing or continuance of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that the SMA determines necessary to inspect to enforce any provision of this article, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.
B. 
Access to facilities.
(1) 
The SMA shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in forte which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMA.
(2) 
Facility operators shall allow the SMA ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
(3) 
The municipality shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMA to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The municipality has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary (and subject to approval by the SMA) to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized, or required by this article.
(6) 
If the SMA has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMA may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the Town in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Town within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
A. 
Notice of violation. When the Town's SMA finds that a person has violated a prohibition or failed to meet a requirement of this article or failed to comply with a permit or approval condition related to the subject matter of this article (all deemed a violation of this article), he/she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) 
The elimination of illicit connections or discharges;
(2) 
That violating discharges, practices, or operations shall cease and desist;
(3) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property and the environment;
(4) 
The performance of monitoring, analyses, and reporting;
(5) 
Payment of a fine and/or civil monetary penalty; and
(6) 
The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property or the environment is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator, and, if unpaid, said amount may be assessed and levied as a lien against the violator's premises and collected in the same manner as a real property tax.
B. 
Penalties.
(1) 
In addition to or as an alternative to any penalty provided herein or by law, any person who violates this article shall be guilty of a violation punishable by 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 15 days, 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. Each day's continued violation shall constitute a separate additional violation.
(2) 
Civil penalties.
(a) 
In addition to and not in lieu of the above, any person who violates this article shall be liable to the Town for a civil penalty in an amount not to exceed $350 for a first violation; in an amount not less than $350 nor more than $700 for a second violation committed within a period of five years of the first violation; and in an amount of not less than $700 nor more than $1,000 for a third and each subsequent violation committed within a period of five years of the first violation. Each day's continued violation shall constitute a separate additional violation.
(b) 
Civil penalties may be ordered in any action or proceeding by and any court of competent jurisdiction, including but not limited to state and federal courts. All penalties shall be paid to the Town.
(c) 
The judgment amount of any civil penalty ordered pursuant to this section, if not paid, may be assessed and levied against the real property which is the subject of the penalty and collected in the same manner as a real property tax.
(3) 
In addition to and not in lieu of the remedies authorized above, the SMA or the Town Board may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation or to enforce any provision of this article.
A. 
Any person receiving a notice of violation may appeal the determination of the SMA to the Town Board within 15 days its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the Town Clerk and mail a copy of its decision by certified mail to the appellant. Any person aggrieved by the decision of the Town Board may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. Such proceeding must he commenced within 30 days after the decision is filed in the Town Clerk's office or shall be time-bared.
B. 
The appeal of a notice of violation shall stay an order contained in the notice of violation issued by the SMA, unless the SMA determines in writing that a stay of the order, or portion thereof, would cause undue harm to a person, property, equipment, the environment or the Town's storm sewer system. In such case, an appeal shall not stay the SMA's order.
A. 
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMA, then the SMA shall have authority to request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
B. 
If refused access to the subject private property, the SMA may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMA may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property.
C. 
The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger and may be collected in the same manner as set forth in § 157-27A(6).
It shall be a violation of this article for any person to violate any provision or fail to comply with any of the requirements of this article or fail to comply with a permit or approval condition related to the subject matter of this article. If a person has violated or continues to violate the provisions of this article, the SMA, may petition for a preliminary or permanent injunction restraining the person from activities which would create further, violations or compelling the person to perform abatement or remediation of the violation.
A. 
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney or attorney for the Town and concurrence of the SMA, where:
(1) 
The violation was unintentional.
(2) 
The violator has no history of pervious violations of this article.
(3) 
Environmental damage was minimal.
(4) 
The violator acted quickly to remedy violation.
(5) 
The violator cooperated in investigation and resolution.
B. 
Alternative remedies may consist of one or more of the following:
(1) 
Attendance at compliance workshops.
(2) 
Storm drain stenciling or storm drain marking.
(3) 
River, steam or creek cleanup activities.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.