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Local Law No. 3 - 2011
This local law shall be known as the “Amendment to the Surface Water and Erosion and Sediment
Control Law of the Town of Mamaroneck” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The purpose of this law is to conform the Town’s Erosion Control law to the requirements of the
State of New York while at the same time continuing, as the existing law does, to safeguard
persons, protect property, prevent damage to the environment and promote the public welfare by
guiding, regulating and controlling the design, construction, use and maintenance of any
development or other activity which disturbs or breaks the topsoil or results in the movement of
earth on land situated in the Town of Mamaroneck.
Section 2 – Amendment of a current chapter of the Mamaroneck Code:
Chapter 95 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 95
Erosion and Sediment Control
Article I General Provisions
§ 95-1. Title.
This chapter shall be known as the "Surface Water and Erosion Control Law of the Town of
Mamaroneck."
§ 95-2. Statutory authority.
This chapter is enacted pursuant to the authority of municipalities to promote the public health,
safety and general welfare of their citizenry under New York State Municipal Home Rule Law
§ 10, New York Environmental Conservation Law Article 36, the Waterfront Revitalization and
Coastal Resources Act of the State of New York, Article 42 of the Executive Law, and other
applicable provisions of state and federal law.
§ 95-3. Findings of Fact and Intent
It is hereby determined that:
A. Findings.
(1) Land development activities and associated increases in site impervious cover often
alter the hydrologic response of local watersheds and increase stormwater runoff
rates and volumes, flooding, stream channel erosion, or sediment transport and
deposition;
(2) This stormwater runoff contributes to increased quantities of water-borne pollutants,
including siltation of aquatic habitat for fish and other desirable species;
(3) Clearing and grading during construction tends to increase soil erosion and add to
the loss of native vegetation necessary for terrestrial and aquatic habitat;
(4) Improper design and construction of stormwater management practices can increase
the velocity of stormwater runoff thereby increasing stream bank erosion and
sedimentation;
(5) Impervious surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow;
(6) Substantial economic losses can result from these adverse impacts on the waters of
the municipality;
(7) Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff from land development
activities;
(8) The regulation of stormwater runoff discharges from land development activities in
order to control and minimize increases in stormwater runoff rates and volumes, soil
erosion, stream channel erosion, and nonpoint source pollution associated with
stormwater runoff is in the public interest and will minimize threats to public health
and safety; and
(9) Regulation of land development activities by means of performance standards
governing stormwater management and site design will produce development
compatible with the natural functions of a particular site or an entire watershed and
thereby mitigate the adverse effects of erosion and sedimentation from development.
B. Intent.
It is the intent of these regulations to control and regulate land-disturbing activities to assure
that best management practices are used which minimize water pollution, retain valuable
topsoil and vegetation and prevent flooding, erosion and sedimentation.
§ 95-4. Purpose
The Town of Mamaroneck declares that the purpose of this chapter is to safeguard persons, protect
property, prevent damage to the environment and promote the public welfare by guiding, regulating
and controlling the design, construction, use and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of earth on land situated in the
Town of Mamaroneck.
This local law seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the New York State Department of
Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System
(SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit no. GP-0-10-002 or as amended or revised;
B. Require land development activities to conform to the substantive requirements of the
NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activities
GP-0-10-001 or as amended or revised;
C. 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;
D. Minimize increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality;
E. Minimize the total annual volume of stormwater runoff which flows from any specific site
during and following development to the maximum extent practicable; and
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution,
wherever possible, through stormwater management practices and to ensure that these
management practices are properly maintained and eliminate threats to public safety.
§ 95-5. Applicability
A. Article II of this law shall apply to minor land development activities.
B. Article III of this law shall apply to major land development activities.
C. Articles I and IV shall apply to all land development activities.
D. The municipality shall designate a Stormwater Management Officer who shall accept and
review all stormwater pollution prevention plans and forward such plans to the applicable
municipal board. The Stormwater Management Officer may (1) review the plans, (2) upon
approval by the Town Board of the Town of Mamaroneck, engage the services of a
registered professional engineer to review the plans, specifications and related documents at
a cost not to exceed a fee schedule established by the Town Board of the Town of
Mamaroneck, or (3) accept the certification of a licensed professional that the plans
conform to the requirements of this law.
§ 95-6. Exemptions
The following activities are exempt from review under this law.
A. Existing nursery and agricultural operations conducted as a permitted use.
B. Home gardening, landscaping and routine lawn and landscaping maintenance activities of
existing cultivated areas.
C. Repairs to any stormwater management practice or facility deemed necessary by the
Stormwater Management Officer.
D. Any part of a subdivision if a plat for the subdivision has been approved by the Planning
Board of the Town of Mamaroneck on or before the effective date of this law.
E. Land development activities for which a building permit, erosion and sediment control
permit or wetlands and watercourses permit has been approved on or before the effective
date of this law.
F. Cemetery graves.
G. Installation of fences, signs, pilings, telephone, and electric poles and other kinds of posts or
poles.
H. Emergency activity immediately necessary to protect life, property or natural resources.
I. Alteration of the interior of a building and alteration of the exterior of a building, provided
that such exterior alteration does not increase coverage by the building or pavement or the
alteration does not involve the demolition of a part or all of the exterior of an existing
building.
J. Any deck without an impervious cover above, on or below the surface of the deck.
K. Any land development activity which is neither a major land development activity nor a
minor land development activity provided that the existing flow of surface water at the
property lines is not altered.
§ 95-7. Definitions and Word Usage
A. Use of words. Words used in the present tense include the future; the singular number
includes the plural and the plural the singular; the word "lot" includes the word "plot;" the
word "building" includes the word "structure."
B. Definitions. Certain words in this chapter are defined for the purpose thereof as follows:
ADJOINING PROPERTY - Any property facing a work site across any street or highway
shall be deemed "adjoining property," as well as any property contiguous on any side.
APPLICANT - A property owner or agent of a property owner who has filed an application
for a land development activity.
APPLICANT’S EXPERTS - A New York State licensed professional engineer or a New
York State licensed landscape architect engaged by the applicant to prepare the Surface
Water and Erosion Control Plan or Stormwater Pollution Prevention Plan.
BASE FLOOD -The one-hundred-year-frequency storm.
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.
CLEARING - Any activity that removes the vegetative surface cover.
DEDICATION - The deliberate appropriation of property by its owner for general public
use.
DESIGN MANUALS - For the purpose of this local law, 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 law:
1. The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its successor, hereafter
referred to as the Design Manual).
2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State
Chapter of the Soil and Water Conservation Society, 2004, most current version or its
successor, hereafter referred to as the Erosion Control Manual).
DEVELOPER - A person who undertakes land development activities.
DEVELOPMENT - Any human-made change to improved or unimproved real estate,
including but not limited to construction of buildings or other structures and mining,
dredging, filling, grading, paving, excavation, drilling or blasting.
EROSION AND SEDIMENT CONTROL DEVICES (ESCD)- Measures, either structural
or nonstructural, that are determined to be the most effective, practical means of preventing
erosion and controlling sediment consistent with best management practices identified in the
design manuals, including but not limited to silt fencing, hay bales, temporary seeding or
mulching, check dams and inlet protection.
GRADING - Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER - Those surfaces, improvements and structures greater than 100
square feet in size, whether natural or manmade, that cannot effectively infiltrate rainfall,
snow melt and water (including but not limited to: bedrock, stone, building rooftops,
pavement, sidewalks, driveways, patios and terraces).
MAINTENANCE AGREEMENT - A legally recorded document that acts as a property
deed restriction, and which provides for long-term maintenance of stormwater management
practices.
MAJOR LAND DEVELOPMENT ACTIVITY - Any construction activity that (A) results
in land disturbance equal to or greater than one acre or (B) disturbs less than one acre but is
part of a larger common plan of development of one or more parcels, even though multiple
separate and distinct land development activities may take place at different times on
different schedules if the total land disturbance is equal to or is greater than one acre. For
the purpose of this definition, construction activity includes but is not limited to clearing,
grading, excavating, soil disturbance or placement of fill.
MINOR LAND DEVELOPMENT ACTIVITY - Any construction activity that (A) results
in land disturbance of more than 100 square feet but less than one acre or (B) creates
impervious cover of more than 100 square feet but less than one acre or (C) may alter the
flow of surface water at the property line even if such disturbance or fill covers less than 100
square feet. For the purpose of this definition, construction activity includes but is not
limited to clearing, grading, excavating, soil disturbance or placement of fill.
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 construction, subsurface disposal and urban runoff sources.
PERMIT - Any permits, grants or licenses issued by the Town of Mamaroneck, including
but not limited to building, grading, demolition, clearing and excavation permits and
subdivision and site plan approvals.
PERSON - Includes any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments and agencies,
authorities or other political subdivisions thereof.
PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of
each piece completed before the clearing of the next.
PLAN- Surface Water and Erosion Control Plan, Stormwater Pollution Prevention Plan or
Site Plan.
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.
SOIL STABILIZATION - Measures which protect soil from the erosive forces of raindrop
impact, flowing water and high wind. Applicable practices include vegetative
establishment, mulching, covering and the early application of gravel base on areas to be
paved.
SPDES GENERAL PERMIT FOR DISCHARGES FROM CONSTRUCTION
ACTIVITIES GP-0-10-001 - 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-0-10-002 - 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.
STEEP SLOPES - Ground areas where the grade changes by one or more feet of vertical rise
for each four feet of horizontal distance.
STOP WORK ORDER - An order issued which requires that all construction activity on a
site be stopped.
STORMWATER - Rainwater, surface runoff, snowmelt or drainage.
STORMWATER MANAGEMENT - The use of structural or non-structural 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 a particular project.
STORMWATER MANAGEMENT OFFICER - The Director of Building Code
Enforcement and Land Use Administration or his (her) designee.
STORMWATER MANAGEMENT PRACTICES (SMPs) - Measures, either structural or
nonstructural, that are determined to be the most effective, practical means of preventing
flood damage and preventing or reducing point source or nonpoint source pollution inputs to
stormwater runoff and water bodies, including but not limited to drainage pipes, ditches,
culverts, water-retention and detention areas and structures, swales, slopes and other
conduits and reservoirs.
STORMWATER POLLUTION PREVENTION PERMIT - A permit issued for a major land
development activity.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - A plan submitted as part
of the application for a Stormwater Pollution Prevention Permit that shows how stormwater
runoff and pollutants from a site during and after construction activities will be controlled.
STORMWATER RUNOFF - Flow on the surface of the ground, resulting from
precipitation.
SURFACE WATER AND EROSION CONTROL PLAN - A drawing prepared by a New
York State licensed professional engineer, a registered architect or a New York State
licensed landscape architect submitted as a part of the application for a Surface Water and
Erosion Control Permit showing the methods, techniques and improvements, both during
and after construction, that will be employed to control surface water runoff and to control
erosion and sedimentation. Such plan shall utilize the design manuals, contain all surface
water control calculations, reduce erosion potential, assure the adequacy of existing and
proposed culverts and bridges, increase water recharge into the ground, decrease nonpoint
source pollution and water quality degradation, maintain stream channels for their biological
functions as well as for drainage through reduced streambank erosion and maximize
preservation and protection of stream corridors, floodplains and wetlands.
SURFACE WATER AND EROSION CONTROL PERMIT - A permit issued for a minor
land development activity.
SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets,
canals, the Atlantic ocean within the territorial seas of the state of New York and all other
bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private
(except those private waters that do not combine or effect a junction with natural surface or
underground waters), which are wholly or partially within or bordering the state or within its
jurisdiction.
Storm sewers and waste treatment systems, including treatment ponds or lagoons which also
meet the criteria of this definition are not waters of the state. This exclusion applies only to
manmade bodies of water which neither were originally created in waters of the state (such
as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE - A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
Article II Minor Land Development Activities
§ 95-8. Permit required.
No person shall commence or carry out any minor land development activity in the Town of
Mamaroneck without first obtaining a Surface Water and Erosion Control Permit from the Building
Department and all other necessary municipal permits.
§ 95-9. Application for Surface Water and Erosion Control Permit; waiver.
A. An application for a Surface Water and Erosion Control Permit shall be made on forms
provided by the Stormwater Management Officer. If the application is determined by the
Stormwater Management Officer to be in accord with this chapter and if the application is
accompanied by the appropriate fees, the Building Department shall issue the permit.
B. Each application shall include a Surface Water and Erosion Control Plan and a certification
by the Applicant’s expert that the minor land development activity shall be done in
accordance with the approved plans.
C. Any modification of a plan shall be submitted to the Stormwater Management Officer and
shall be processed and approved or disapproved, in the same manner as the original plan.
Modifications of a minor nature may be authorized by the Stormwater Management Officer
without the submission of modified plans.
D. The Stormwater Management Officer may waive the requirement for the issuance of the
Surface Water and Erosion Control Permit when there is an application for a Flood Plain
Development Permit, a Wetlands and Watercourses Permit, Subdivision Approval, Site Plan
Approval or a Building Permit.
E. By accepting the permit, the applicant agrees to allow the Town to enter upon the property
to inspect the work and to perform remedial measures when authorized by this chapter to do
so.
§ 95-10. Contents of Surface Water and Erosion Control Plans.
The following information shall be shown on a Surface Water and Erosion Control Plan unless
otherwise noted:
A. The name of the development or identifying title. The name, address and telephone number
of the owner and/or developer of the site and the consulting firm retained by the applicant
for preparation of the plan. If the applicant is a corporation, it must list the name, home
address and telephone number of at least two officers of the applicant. A phone number for
an emergency contact must also be provided.
B. The plan shall show the date of its preparation and all revision dates, the approximate true
North point and the scale which shall be no greater than one inch equals 50 feet.
C. The proposed site layout shall include:
(1) the boundary line and acreage for the site
(2) existing zoning
(3) a vicinity map that includes state and local wetlands.
(4) the location of existing buildings, structures, utilities, water bodies, floodplains, drainage
facilities, vegetative cover, paved areas, watershed divides and other significant natural
or man-made features on the site and land within 250 feet of the boundary.
(5) a schematic layout of the stormwater management practices proposed to control surface
water runoff both during and after construction.
(6) a schematic layout of the proposed erosion and sediment control devices.
(7) existing and proposed contours of the site and adjacent land within approximately 250
feet of the boundaries, drawn at no greater than two-foot contour intervals with critical
spot elevations.
(8) surface water control calculations using methods defined in “Technical Release-55”,
“Technical Release-20”, the Rational Method, or other method approved by the
Stormwater Management Officer, unless superseded by a comprehensive local watershed
and/or stormwater model and plan.
(9) base flood elevation data using the most current National Geodetic Vertical Datum.
(10) construction schedule showing the sequencing of the installation of the required
stormwater management practices, erosion and sediment control devices and other site
construction activities, which shall be supplemented as directed by the Stormwater
Management Officer to show required inspections.
(11) signature block language, including the seal of a New York State licensed professional
engineer, registered architect, or a New York State licensed landscape architect.
(12) the location of existing trees, including drip-lines, grassy areas and unique vegetation
and detailed methods of tree protection.
(13) identification and boundaries of the different soil types existing on the site.
(14) the dividing lines and direction of flow for different drainage areas.
(15) areas with potentially significant erosion problems.
(16) areas which are to be cleared and graded or used for storage.
(17) detailed drawings that explain and illustrate any structural practices used that are not
referenced to the Design Manuals.
D. In addition to complying with the requirements of A, B and C, a Minor Land Development
Activity meeting Condition One below (other than for the construction of a one or two
family house) shall also include water quality and water quantity controls (post-construction
stormwater runoff controls) as set forth in §95-10E
Condition One: disturbance of an area greater than 5,000 square feet but less than
one acre or creating impervious surface area of 1,000 or more square feet, but less
than one acre.
E. Surface Water and Erosion Control Plan for Condition One:
(1) Description of each post-construction stormwater management practice;
(2) Site map/construction drawing(s) showing the specific location(s) and size(s) of
each post-construction stormwater management practice;
(3) Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
(4) Comparison of post-development stormwater runoff conditions with pre-
development conditions;
(5) Dimensions, material specifications and installation details for each post-
construction stormwater management practice;
(6) Maintenance schedule to ensure continuous and effective operation of each post-
construction stormwater management practice;
(7) Maintenance easements to ensure access to all stormwater management practices at
the site for the purpose of inspection and repair, and such easements shall be
recorded on the plan and shall remain in effect with transfer of title to the property;
and
(8) Inspection and maintenance agreement binding on all subsequent landowners served
by the on-site stormwater management measures in accordance with §95-15.
§ 95-11. Approval of Surface Water and Erosion Control Permit.
A. The Stormwater Management Officer shall approve the issuance of a Surface Water and
Erosion Control Permit or authorize the release of a performance bond or authorize the
issuance of a building permit or certificate of occupancy only if the following requirements
are satisfied:
(1) Except in situations described in §95-17B, there is a Surface Water and Erosion Control
Plan which demonstrates that the rate of stormwater runoff will not increase.
Stormwater management practices shall be designed to detain a twenty-five year storm
using those methods contained in the Natural Resources Conservation Service (NRCS)
publication, “Urban Hydrology for Small Watersheds, Technical Release-55.”
(2) Stormwater management practices shall be designed using a Type III, twenty-four (24)
hour rainfall distribution.
(3) Detention facility maximum discharge rates for pre-construction conditions for the 25-
year storm shall be: twenty-five-, ten-, five- and two-year storms.
(4) The natural drainage features of the site, including natural drainageways and permanent
and periodic ponding areas, shall be preserved, except for those reasonable alterations
deemed necessary by the Stormwater Management Officer to allow for the development
of the site in accordance with the provisions of Chapter 106, Fire Prevention and
Building Construction, Chapter 110, Flood Damage Prevention and Chapter 240,
Zoning.
(5) Stormwater management practices shall be constructed so as not to discharge waters onto
adjoining property or public ways in such a manner as to impair the permitted use or
development of those properties or be detrimental to public safety.
(6) Temporary Erosion and Sediment Control Devices and Stormwater Management
Practices such as stream diversions, ponds, silt fences, hay bales and check dams,
adequate to protect adjacent property, shall be installed at the commencement of the
minor land development activity.
(7) Properties adjacent to the site of land disturbance shell be protected from sediment
deposition at all times.
(8) Until a disturbed area is stabilized, sediment in the runoff water shall be trapped onsite
utilizing debris basins, sediment basins, silt traps or similar measures described in the
Design Manuals.
(9) All stormdrain inlets operable during construction shall be protected so that sediment-
laden water will not enter the conveyance system without first being filtered or otherwise
treated to remove sediment.
(10) Natural vegetation and trees shall be retained and protected wherever possible. The
applicant shall be guided by the Design Manuals and the Town Tree Preservation
Commission.
(11) Temporary vegetation and/or mulching shall be used to protect exposed land areas
during construction. The applicant shall restore vegetative cover in disturbed areas as
directed by the Stormwater Management Officer.
(12) Permanent or temporary soil stabilization must be applied to denuded areas within two
days after final grade is reached on any portion of the site. Soil stabilization must also be
applied to denuded areas which may not be at final grade but may remain dormant
(undisturbed) for longer than two weeks.
(13) Permanent vegetation shall not be considered established until a ground cover is
achieved which, in the opinion of the Stormwater Management Officer, is mature enough
to survive severe weather conditions. Disturbed soils shall be stabilized as soon as
possible and properties adjacent to the site of land disturbance shall be protected from
sediment deposition.
(14) Adequate barriers to prevent erosion and siltation shall be applied at the end of each day.
(15) Sediment basins and traps, perimeter dikes, sediment barriers and other measures
intended to trap sediment on-site must be constructed as a first step in grading and must
be made functional before upslope land disturbance takes place. Earthen structures such
as dams, dikes and diversions must be seeded and mulched within two days of
installation and prior to any first step in the disturbance of upslope land, whichever
comes first.
(16) All on-site stormwater conveyance channels shall be designed and constructed to
withstand the expected velocity of flow from a ten-year frequency storm without erosion
or failure. Outlets of all pipes and paved channels must be stabilized to prevent erosion.
(17) Clearing or grading shall generally not occur on slopes in excess of 25%. Development
shall preserve salient natural features, keep cut-and-fill operations to a minimum and
ensure conformity with topography so as to create the least potential for erosion.
(18) In the design of cut-and-fill slopes, consideration must be given to the length and
steepness of the slope, the soil type, upslope drainage area, groundwater conditions and
other applicable factors. Slopes which are found to be eroding excessively must be
provided with additional measures until the problem is corrected.
(19) Provisions shall be made to prevent surface water from damaging the cut face of
excavations or the sloping surfaces of fills.
(20) All fills shall be compacted to provide stability of material and to prevent undesirable
settlement in accordance with the Design Manuals.
(21) Fills shall not encroach on watercourses, channels, areas designated as wetlands or
wetland buffers under Ch. 114, Wetlands and Watercourses, State or Federal Freshwater
or Tidal Wetlands , or areas designated as critical environmental areas and/or significant
fish and wildlife habitat under Ch. 92, Environmental Quality Review, unless undertaken
under an appropriate permit issued under such regulations.
(22) Appropriate measures for dust control shall be exercised in accordance with the Design
Manuals.
(23) Where no acceptable paved access exists for construction vehicles to enter the site, a
stabilized construction entrance shall be created and shall be shown on the plans filed
with the Stormwater Management Officer.
(24) All temporary erosion and sediment control devices shall be disposed of within 30 days
after final site stabilization is achieved or after the temporary measures are no longer
needed, unless otherwise authorized by the Stormwater Management Officer. Trapped
sediment and other disturbed soil areas resulting from the disposition of temporary
measures shall be removed from the site and disposed of in accordance with pertinent
regulations or permanently stabilized to prevent further erosion and sedimentation.
(25) Road surfaces must be swept and kept free of sediment as needed. At the end of the
project, catch basins, storm sewers and road surfaces must be cleaned to the satisfaction
of the Town Engineer and the Stormwater Management Officer.
B. A copy of the approved Surface Water and Erosion Control Plan shall be on file in the
Building and Engineering Department and shall be maintained on-site at all times for the
duration of the project and shall be made available to the Stormwater Management Officer.
Article III Major Land Development Activities
§95-12. – Permit Required
No person shall commence or carry out any major land development activity in the Town of
Mamaroneck without first obtaining a Stormwater Pollution Prevention Permit from the Building
Department and all other necessary municipal permits.
§95-13. – Application for a Stormwater Pollution Prevention Permit
A. An application for a Stormwater Pollution Prevention Permit shall be made on forms
provided by the Stormwater Management Officer.
B. Each application shall include a Stormwater Pollution Prevention Plan and a certification by
the Applicant’s expert that the major land development activity shall be done in accordance
with the approved plan. The Stormwater Management Officer shall review all Stormwater
Pollution Prevention Plans and forward such plans to the applicable municipal board.
C. All major land development activities subject to review and approval by the Town of
Mamaroneck Planning Board, Board of Appeals or Town Board shall be reviewed in
accordance with the standards contained in this article.
D. All major land development activities not subject to review by either the Town of
Mamaroneck Planning Board, Board of Appeals or Town Board shall be reviewed by the
Stormwater Management Officer who shall approve the application if it complies with the
requirements of this article.
E. Any modification of a plan shall be submitted to the Stormwater Management Officer and
shall be processed and approved or disapproved, in the same manner as the original plan.
Modifications of a minor nature may be authorized by the Stormwater Management Officer
without the submission of modified plans.
F. By accepting the permit the applicant agrees to allow the Town to enter upon the property to
inspect the work and to perform remedial measures when authorized by this chapter to do
so.
§95-14. Contents of Stormwater Pollution Prevention Plans.
The following information shall be shown on a Stormwater Pollution Prevention Plan unless
otherwise noted:
A. All of the items listed in §95-10 and all of the items required in order to obtain coverage
under the SPDES General Permit for Construction Activities GP-0-10-001. In addition,
SWPPPs shall provide the following background information and erosion and sediment
controls:
(1) Background information about the scope of the project, including location, type and size
of the project;
(2) Site map/construction drawing(s) for the project, including a general location map. At a
minimum, the site map should show: the total site area; all improvements; areas of
disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of off-site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater discharges(s);
(3) Description of the soil(s) present at the site;
(4) Construction phasing plan describing the intended sequence of construction activities,
including clearing and grubbing, excavation and grading, utility and infrastructure
installation 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 staging 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 pollutants from exposed areas of
the site to the degree attainable; and
(16) Any existing data that describes the stormwater runoff at the site.
B. A major land development activity meeting Condition A below shall also include water
quantity and water quality controls (post-construction stormwater runoff controls) as set
forth in §95-14C:
Condition A: stormwater runoff discharging a pollutant of concern to either an impaired
water identified on the New York State Department of Environmental Conservation’s
303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated
watershed for which pollutants in stormwater have been identified as a source of the
impairment.
C. SWPPP requirements for Condition A:
(1) Description of each post-construction stormwater management practice;
(2) Site map/construction drawing(s) showing the specific location(s) and size(s) of
each post-construction stormwater management practice;
(3) Hydrologic and hydraulic analysis for all structural components of the
stormwater management system for the applicable design storms;
(4) Comparison of post-development stormwater runoff conditions with pre-
development conditions;
(5) Dimensions, material specifications and installation details for each post-
construction stormwater management practice;
(6) Maintenance schedule to ensure continuous and effective operation of each post-
construction stormwater management practice;
(7) Maintenance easements to ensure access to all stormwater management practices
at the site for the purpose of inspection and repair, and such easements shall be
recorded on the plan and shall remain in effect with transfer of title to the
property; and
(8) Inspection and maintenance agreement binding on all subsequent landowners
served by the on-site stormwater management measures in accordance with §95-
15.
D. Plan certification. The SWPPP shall be prepared by the applicant’s expert and must be
signed by the professional preparing the plan, who shall certify that the design of all
stormwater management practices meets the requirements in this article.
E. Other environmental permits. The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the major land development
activity.
F. Contractor certification.
(1) Each contractor and subcontractor 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 major land development
activity: "I certify under penalty of law that I understand and agree to comply with
the terms and conditions of the Stormwater Pollution Prevention Plan. I also
understand that it is unlawful for any person to cause or contribute to a violation of
water quality standards."
(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 SWPPP for the major land
development activity.
G. Retention of SWPPP on-site. A copy of the SWPPP shall be retained at the site of the major
land development activity during construction and made available to the Town and
NYSDEC from the date of initiation of construction activities to the date of final
stabilization.
§95-15. Inspection, Maintenance and Repair of Stormwater Facilities
A. Maintenance during construction.
(1) The applicant or developer of the major 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 shall have a qualified professional conduct site inspections and
document the effectiveness of all erosion and sediment control practices every 7 days and
within 24 hours of any storm event producing 0.5 inches of precipitation or more. The
professional’s reports shall be delivered to the Stormwater Management Officer, copied to
the site log book and must be kept on site and made available to NYSDEC and the Town.
B. As-built plans. All applicants are required to submit “as built” plans for any stormwater
management practices located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management facilities and must be
certified by a professional engineer.
C. Maintenance easements. Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, the applicant or developer must execute a
maintenance easement agreement that shall be binding on all subsequent landowners served
by the stormwater management facility. The easement shall provide for access to the facility
at reasonable times for periodic inspection by the Town of Mamaroneck to ensure that the
facility is maintained in proper working condition to meet design standards and any other
provisions established by this article. The easement shall be recorded by the grantor in the
office of the County Clerk after approval by the counsel for the Town of Mamaroneck.
D. Maintenance after construction. The owner or operator of permanent stormwater
management practices installed in accordance with this article shall operate and maintain
the stormwater management practices to achieve the goals of this article. Proper operation
and maintenance also includes, at 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; and
(3) Discharges from the SMPs shall not exceed design criteria or cause or contribute to
water quality standard violations in accordance with §95-16C.
E. Inspection of Stormwater Facilities After Project Completion. Inspection programs shall be
established by the Stormwater Management Officer 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.
Article IV Provisions applicable to both Minor and Major Land Development Activities
§95-16. Performance and Design Criteria
A. All land development activities shall be subject to the performance and design criteria set
forth in this section.
B. Technical standards. 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, 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, 2004, most current version or its
successor, hereafter referred to as the "Erosion Control Manual").
C. Water quality standards. No land development activity shall cause an increase in turbidity
that will result in substantial visible contrast to natural conditions in surface waters of the
State of New York.
§95-17. Additional Stormwater Control: no net increase in rate of runoff.
A. Notwithstanding any of the foregoing, any applicant for any demolition or building permit
shall be required to offset by on-site retention the increase in the rate of surface water runoff
from the proposed development. This shall be done to the satisfaction of the Stormwater
Management Officer.
B. Exceptions
(1) When the Stormwater Management Officer finds that the increase cannot be offset
satisfactorily by on-site retention, he/she may permit the increment of the increase which
cannot be retained ("increment") to be carried away by the land's natural drainage, provided
that such Increment will not impair the permitted use or development of those lands over or
onto which such water will naturally flow.
(2) When the Stormwater Management Officer finds that the increase cannot be offset
satisfactorily by on-site retention, he/she may permit such increment to be discharged into a
Town stormwater facility, provided that applicant has established that the Town facility has
sufficient capacity. Where he/she determines it to be necessary, the Stormwater
Management Officer shall require the installation of water quality improvement measures
prior to such connection. The Stormwater Management Officer may waive or reduce any of
the requirements of this section if he/she determines that such existing Town stormwater
facility is of adequate size, and will discharge surface water runoff directly to a Watercourse
without adversely affecting drainage from any other area.
§ 95-18. Construction Completion Guarantee
A. In order to ensure the full and faithful completion of all land development activities the
Town of Mamaroneck shall require the applicant or developer to provide, prior to
construction, a performance bond, cash escrow, or irrevocable letter of credit from an
appropriate financial or surety institution which guarantees satisfactory completion of the
project and names the Town of Mamaroneck as the beneficiary. The security shall be in an
amount to be determined by the Stormwater Management Officer based on submission of
final design plans, with reference to actual construction and landscaping costs. The
performance guarantee shall remain in force until the surety is released from liability by the
Stormwater Management Officer, provided that such period shall not be less than one year
from the date of final acceptance or such other certification that the facility(ies) have been
constructed in accordance with the approved plans and specifications and that a one year
inspection has been conducted and the facilities have been found to be acceptable to the
Stormwater Management Officer.
B. In cases where a wetlands and watercourses permit has been issued to the same applicant
the Stormwater Management Officer may allow a single bond for both permits if it is
determined that such bond is sufficient for the purposes of this chapter and Ch. 114,
Wetlands and Watercourses.
C. By acceptance of the permit, the owners of the property, their heirs, successors and assigns
shall be responsible for the future maintenance, repair and replacement of all required
stormwater management facilities to the satisfaction of the Stormwater Management
Officer.
D. Slopes which are found to be eroding excessively within one year after completion of all
work must be provided with additional stabilizing measures until the problem is corrected.
If erosion continues, the Town will take such measures as necessary to achieve stabilization
and charge the owners of the property, their heirs, successors and assigns for the costs
incurred in achieving stabilization.
§ 95-19. Maintenance Guarantee
Where stormwater management practices are to be operated and maintained after the project is
completed, the person or entity responsible for its operation or maintenance shall be required to
provide the Town of Mamaroneck with a performance bond, cash escrow account or an
irrevocable letter of credit from an approved financial institution or surety which ensures the
proper operation and maintenance of all stormwater management practices after construction.
If the stormwater management practice is not properly operated or maintained, the Town of
Mamaroneck may draw upon the performance bond, cash escrow account or irrevocable letter
of credit to cover the costs of proper operation and maintenance, including engineering,
inspection costs and attorney’s fees.
§ 95-20. Recordkeeping
The Town of Mamaroneck may require entities subject to this law to maintain records
demonstrating compliance with this law.
§ 95-21. Penalties for offenses; other remedies
A. Violations.
(1) If the Stormwater Management Officer determines that there exists a violation of the
terms and conditions of any Surface Water and Erosion Control Permit or Stormwater
Pollution Prevention Permit issued pursuant to this chapter, written notification of such
violation shall be given to the Applicant by posting a copy at the site and by mailing a
copy to the Applicant’s last known address.
(2) All such notifications of violations shall contain the time, place and nature of the
violation, the time within which the violation must be corrected and a statement that the
permit will be suspended or revoked if the Applicant fails to correct the violation.
(3) If the Applicant fails to correct any violation of the terms and conditions of the permit
issued pursuant to this chapter within the time period specified, or within 30 days if no
time is specified, the Stormwater Management Officer may cause the violation to be
corrected. The cost thereof shall be assessed against the property upon which the
violation occurred. Such amount shall be levied against the property in the same manner
as Town taxes are levied, and it shall constitute a lien upon the property. The Town can
use the bond to satisfy such an assessment or lien; and the applicant will remain liable
for any amount not satisfied by the bond.
(4) Failure of the applicant or its successors and assigns to maintain, repair or replace a
stormwater management practice in an appropriate manner shall be a violation of this
chapter. If the Stormwater Management Officer determines that such a violation has
occurred, written notification of such violation shall be given to the applicant or its
successor or assign by posting a copy at the site and by mailing a copy to the address of
the property. All such notifications of violations shall contain the time, place and nature
of the violation and the time within which the violation must be corrected.
(5) If the Applicant or its successors or assigns fails to correct the violation in the
maintenance, repair or replacement of a stormwater management practice within the time
period specified, or within 30 days if no time is specified, the Stormwater Management
Officer may cause the violation to be corrected. The cost thereof shall be assessed
against the property upon which the violation occurred. Such amount shall be levied
against the property in the same manner as Town taxes are levied, and it shall constitute
a lien upon the property. The Town can use the bond to satisfy such an assessment or
lien; and the applicant will remain liable for any amount not satisfied by the bond.
§ 95-22. Restoration for Violation
Any person who violates this chapter may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time after notice,
the Town may take necessary corrective action. The cost thereof shall be assessed against the
property upon which the violation occurred. Such amount shall be levied against the property in
the same manner as Town taxes are levied, and it shall constitute a lien upon the property.
The Town may require any person undertaking land development activities regulated by this
law to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or
Stormwater Management Practice maintenance performed by the Town or performed by a third
party for the Town.
§ 95-23. Stop Work Orders
The Town may issue a stop work order for violations of this chapter. Persons receiving a stop
work order shall be required to halt all land development activities, except those activities that
address the violations leading to the stop work order. The stop work order shall be in effect
until the Town confirms that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop work order in a timely manner may
result in civil, criminal, or monetary penalties in accordance with the enforcement measures
authorized in this chapter.
§ 95-24. Compliance required
No permanent certificate of occupancy shall be issued unless the terms and conditions of
this chapter have been complied with to the satisfaction of the Stormwater Management
Officer.
§ 95-25. Suspension, Revocation or Expiration of Permits
A. If the Stormwater Management Officer determines by inspection that the nature of the site is
such that further work authorized by an existing permit is likely to imperil any property,
public way, watercourse or drainage structure, the Stormwater Management Officer may
order that reasonable special precautions be taken to avoid the likelihood of such peril.
"Special precautions" may include but shall not be limited to a more level exposed slope,
construction of additional drainage facilities, berms, terracing, compaction or cribbing,
installation of plant materials for erosion control or recommendations of the Applicant’s
Experts.
B. The Stormwater Management Officer shall have the authority to suspend or revoke a
Surface Water and Erosion Control Permit or Stormwater Pollution Prevention Permit if (1)
activities at the site are not in accordance with the Surface Water and Erosion Control Plan
or the SWPPP, as the case may be or (2) if in the Stormwater Management Officer’s
opinion continuation of construction in accordance with the Surface Water and Erosion
Control Plan or the SWPPP, as the case may be is likely to imperil any property, public
way, watercourse or drainage structure.
C. Any person who violates any of the provisions of this chapter shall be liable for a civil
penalty of not more than $2,500 for the first day and an additional penalty of not more than
$2,000 for each additional day during which such violation continues.
D. The Town may maintain an action or proceeding in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation of any provision of this
chapter or the terms and conditions of any permit granted hereunder.
E. Every Surface Water and Erosion Control Permit shall expire and become null and void if
the work authorized by such permit has not begun within 6 months of issuance. If the
Applicant must obtain a building permit as well as a Surface Water and Erosion Control
Permit, the Surface Water and Erosion Control Permit shall be valid so long as the building
permit is valid. In all other cases, the Surface Water and Erosion Control Permit shall be
valid for two years. If written application is made before the expiration date of the permit
the Stormwater Management Officer may, if the Applicant presents satisfactory evidence
that unusual difficulties have prevented the start or completion of work within the specified
time limits, grant a reasonable extension of time.
F. Every Stormwater Pollution Prevention Permit shall expire and become null and void if the
work authorized by such permit has not begun within 1 year of issuance or is not completed
within 5 years of issuance, except that if written application is made before the expiration
date of the permit the Stormwater Management Officer may, if the Applicant presents
satisfactory evidence that unusual difficulties have prevented the start or completion of
work within the specified time limits, grant a reasonable extension of time.
§ 95-26. Inspections
A. The Applicant shall not commence the work authorized by a Surface Water and Erosion
Control Permit or Stormwater Pollution Prevention Permit unless the Applicant has notified
the Stormwater Management Officer at least two business days before commencing work.
B. The Stormwater Management Officer may require such inspections as necessary to
determine compliance with this chapter and may either approve that portion of the work
completed or notify the applicant wherein the work fails to comply with the requirements of
this chapter and the Surface Water and Erosion Control Plan or the Stormwater Pollution
Prevention Plan as approved. To obtain inspections, the applicant shall notify the
Stormwater Management Officer at least 48 hours before any of the following:
1. Start of construction,
2. Installation of erosion and sediment control devices,
3. Installation of stormwater management practices,
4. Completion of site clearing,
5. Completion of rough grading,
6. Completion of final grading,
7. Close of the construction season,
8. Completion of final landscaping, and
9. Establishment of landscaping in public areas.
§ 95-27. Right of entry
The Town may enter upon the Applicant’s property for the purpose of making any
investigation, inspection, survey or other activity that may be necessary for any of the
purposes of this chapter. If the Applicant does not consent to such entry, the appropriate
Town official is empowered to apply to the Town Court for an administrative search
warrant permitting such inspection.
§ 95-28. Greater restrictions to prevail
Wherever this chapter is inconsistent with any other ordinance of the Town of Mamaroneck,
whichever imposes the more stringent restrictions shall prevail.
§95-29. Severability
If the provisions of this chapter shall be judged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or invalidate the remainder of any section,
subsection, paragraph, subdivision or clause of this chapter.
§ 95-30. Fees or Deposit
A. Upon the filing of an application for a Surface Water and Erosion Control Permit or a
Stormwater Pollution Prevention Permit, the fees denoted in Chapter A250 shall be paid,
except that no fee shall be required when the separate permit requirement has been waived
by the Stormwater Management Officer in accordance with § 95-9:
1. Filing fees:
a. For a Surface Water and Erosion Control Permit for a parcel with an existing
one or two family dwelling: $200.
b. For a Surface Water and Erosion Control Permit for the construction of a
new one or two family dwelling on either a vacant parcel or on a parcel
where >50% of an existing residence is demolished: $375.
c. For a Surface Water and Erosion Control Permit in all other cases: $375.
d. For a Stormwater Pollution Prevention Permit: $500.
2. Permit fees:
a. For a Surface Water and Erosion Control Permit for a parcel with an existing
one or two family dwelling: $150.
b. For a Surface Water and Erosion Control Permit for the construction of a
new one or two family dwelling on either a vacant parcel or on a parcel
where >50% of an existing residence is demolished: $200.
c. For a Surface Water and Erosion Control Permit in all other cases: $300. If
the anticipated cost of the work covered by the permit exceeds $5,000, there
shall be, in addition to the minimum fee, an additional fee of 6% of the
anticipated cost that exceeds $5,000. This 6% is not part of the engineering
fee for site plan approval.
d. For a Stormwater Pollution Prevention Permit: $500.
3. Fee for applicant-requested modification: $75 for each modification, provided that
no work has commenced. If work pursuant to the permit has commenced, the
modification fee will be $125 per modification.
4. The minimum inspection fee for a parcel with a one or 2 family dwelling will be
$100, for all other residential parcels: $150 and for commercial parcels $250.
5. If work is commenced prior to the permit being issued, all fees for the project will
be doubled.
B. If an application for the Surface Water and Erosion Control Permit is not approved, the
applicant shall not be entitled to a refund of any filing or modification fee(s).
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
2011-04-15