Village of
New York Mills
Oneida County, NY
 Laws 

PART II GENERAL LEGISLATION Chapter 170, STORMWATER MANAGEMENT AND EROSION CONTROL

Body:

170-1.  Intent.

 

The intent of this chapter is as follows: 

A.  To meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02; 

B.  To 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; 

C.  To minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 

D.  To minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 

E.   To reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution wherever possible through stormwater management practices and to ensure these management practices are properly maintained and eliminate threats to public safety.   

 

170-2.  Findings of fact.

 

It is hereby determined that: 

A.  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; 

B.  This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species; 

C.  Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 

D.  Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation; 

E.   Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow; 

F.   Substantial economic losses can result from these adverse impacts on the waters of the municipality; 

G.  Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 

H.  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 

I.    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.   

 

170-3.  Definitions.

 

The definitions set forth in the Zoning Law of the Village of New York Mills (Chapter 200) are incorporated by reference herein for application in this chapter. 

 

170-4.  Applicability.

 

No application for approval of a land development activity shall be considered until the Village Planning Board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the NYS SPDES General Permit for Construction Activities GP-02-01 and the specifications in this chapter. 

 

170-5.  Exemptions.

 

The following activities may be exempt from review under this chapter: 

A.  Agricultural activity. 

B.  Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the County Soil and Water Conservation District or the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this chapter. 

C.  Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a stormwater management facility. 

D.  Repairs to any stormwater management practice or facility deemed necessary by the Village Engineer. 

E.   Cemetery graves. 

F.   Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. 

G.  Emergency activity immediately necessary to protect life, property or natural resources. 

H.  Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 

I.    Landscaping and horticultural activities in connection with an existing structure.   

 

170-6.  Contents of stormwater pollution prevention plans. 

 

A.  In accordance with the NYS SPDES General Permit for Construction Activities GP-02-01 and the specifications in this chapter, stormwater pollution prevention plans (SWPPPs) shall provide the following background information and erosion and sediment controls: 

(1)   Background information about the scope of the project, including location, type, and size of project; 

(2)   Site map/construction drawing(s) for the project, including a general location map, at a scale no smaller than one inch equals 100 feet. 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 discharge(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.  Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in  170-6C below as applicable: 

(1)   Condition A. Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. 

(2)   Condition B. Stormwater runoff from land development activities disturbing five or more acres. 

(3)   Condition C. Stormwater runoff from construction activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.   

C.  SWPPP content requirements for Conditions A, B and C: 

(1)   All information in  170-6A; 

(2)   Description of each post-construction stormwater management practice; 

(3)   Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; 

(4)   Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms; 

(5)   Comparison of post-development stormwater runoff conditions with predevelopment conditions; 

(6)   Dimensions, material specifications and installation details for each post-construction stormwater management practice; 

(7)   Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice; 

(8)   Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; 

(9)   Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with  170-10.   

D.  A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.   

 

170-7.  Plan certification. 

 

A.  The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by a the professional preparing the plan. 

B.  The professional shall certify that the design of all stormwater management practices meets the requirements in the NYS SPDES General Permit for Construction Activities GP-02-01 and this chapter.   

 

170-8.  Contractor certification. 

 

A.  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 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."    

 

B.  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. 

C.  The certification statement(s) shall become part of the SWPPP for the land development activity.   

 

170-9.  Performance and design criteria.

 

All land development activities shall be subject to the following performance and design criteria: 

A.  Technical standards. For the purpose of this chapter, 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 chapter: 

(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).   

B.  Water quality standards: 

(1)   Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.     

 

170-10.  Maintenance and repair of stormwater facilities. 

 

A.  Maintenance during construction. 

(1)   The applicant or developer of the land development activity shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. 

(2)   The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the site logbook and also copied to the Village Engineer.   

B.  Maintenance easement(s). 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 NYS Department of Environmental Conservation and/or a designated representative of the Village of New York Mills to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after review by the counsel for the Village of New York Mills and acceptance by the Village Board. 

C.  Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals of this chapter. At a minimum, proper operation and maintenance includes 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 chapter; 

(2)   Written procedures for operation and maintenance and training new maintenance personnel; 

(3)   Actions to insure discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with  170-9B.   

D.  Maintenance agreements. The Village of New York Mills shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property. The maintenance agreement shall be consistent with the terms and conditions of Appendix A of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement. The Village of New York Mills, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.   

 

170-11.  Stormwater management inspections. 

 

A.  Inspection during construction. 

(1)   The Village of New York Mills Planning Board or a designated agent may choose to require such inspections as necessary to determine compliance with the stormwater management provisions of this chapter. Following any such inspection, the Village Engineer 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 stormwater pollution prevention plan (SWPPP) as approved. So that the Village may determine the need for an inspection, the applicant shall notify the Village Engineer at least 48 hours before any of the following: 

(a)  Start of construction; 

(b)  Installation of sediment and erosion control measures; 

(c)  Completion of site clearing; 

(d) Completion of rough grading; 

(e)  Completion of final grading; 

(f)  Close of the construction season; 

(g)  Completion of final landscaping; 

(h)  Successful establishment of landscaping in public areas.   

(2)   If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site stabilization, until any violations are corrected and all work previously completed has received approval by the Village Engineer.   

B.  "As-built" filing requirements. All applicants are required to submit to the Village Planning Board (or its designated agent) "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.  Inspection of stormwater facilities after project completion. 

(1)   Inspection programs may be established on any reasonable basis after construction. The Village of New York Mills may choose to conduct: 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 SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. 

(2)   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. 

(3)   Such inspections may be performed by officials of the Village of New York Mills or the Village may designate an inspector who will be required to have a professional engineer's (PE) license or certified professional in erosion and sediment control (CPESC) certificate. The designated inspector shall be required to prepare and submit an inspection report to the Village Clerk.   

D.  Submission of monitoring reports. The Village of New York Mills Village Engineer may require monitoring and reporting from entities or applicants subject to this chapter as are necessary to determine compliance with this chapter. 

E.   Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village of New York Mills the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in  170-11C.   

 

170-12.  Fees for services.

 

The Village of New York Mills may require any person undertaking land development activities regulated by this chapter to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Village of New York Mills or performed by a third party for the Village of New York Mills. 

 

170-13.  Performance guarantee. 

 

A.  Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of New York Mills in its approval of land development activities, the Village of New York Mills may 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 Village of New York Mills as the beneficiary. The security shall be in an amount to be determined by the Village of New York Mills 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 Village of New York Mills, 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 Village of New York Mills. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. 

B.  Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Village of New York Mills with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Village of New York Mills may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. 

C.  Recordkeeping. The Village of New York Mills may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.  

 

170-14.  Enforcement. 

 

A.  Violation. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. 

B.  Notice of violation. When a landowner, developer or applicant has violated or failed to meet a requirement of this chapter, the Village may order compliance by written notice of violation to the responsible party. The notice of violation shall contain: 

(1)   The name and address of the landowner, developer or applicant; 

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

(3)   A statement specifying the nature of the violation; 

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

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

(6)   A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.   

C.  Appeal of notice of violation. Any person receiving a notice of violation may appeal the notice of violation to the Village of New York Mills Board of Trustees within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to all parties.   

 

170-15.  Additional remedies. 

 

A.  Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of New York Mills may take necessary corrective action, the cost of which shall become a lien upon the property until paid. 

B.  Stop-work orders. The Village of New York Mills 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 Village of New York Mills 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. 

C.  Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 

D.  Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Village may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 

E.   Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.   

 

170-16.  Penalties for offenses.

 

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.