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HomeMy WebLinkAbout2011_4_6_Local_Law_No_3 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2 – Amendment of a current chapter of the Mamaroneck Code: Chapter 95 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Chapter 95 Erosion and Sediment Control Article I General Provisions § 95-1.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