New York State Department of Environmental Conservation
Model Local Law for Stormwater Management and
Erosion & Sediment Control
This model local law is
intended to be a guidance tool for communities that are subject to the
Municipal Separate Storm Sewer System (MS4) Phase II stormwater management
requirements of the National Pollutant Discharge Elimination System (NPDES)
regulations, administered by
Throughout the local law,
there are sections in which you must insert the name of your municipality and
the agency that you have given regulatory power over stormwater management
issues. These sections are denoted by bold text placed in brackets. By using this document and customizing these
sections, you can create a viable local law with minimal editing. Municipalities should work with their
municipal attorney throughout the process.
Italicized text with this symbol 5 should be interpreted as
comments, instructions, or information to assist the local law writer. This text
should not appear in your final local law.
The contents of this local
law are as follows:
|
Local Law title and
enacting clause |
1 |
|
Article 1 - General
Provisions |
1 |
|
Article 2 - Amendment to
Zoning Law |
4 |
|
Article 3 - Amendment to
Subdivision Law |
11 |
|
Article 4 - Amendment to
Site Plan Review Law |
12 |
|
Article 5 - Amendment to
Erosion & Sediment Control Law |
12 |
|
Article 6 - Administration
and Enforcement |
12 |
|
Schedule A - Stormwater Management Practices Acceptable for
Water Quality |
17 |
|
Schedule B - Sample Stormwater Control Facility Maintenance
Agreement |
18 |
Model Local Law for
Stormwater Management and
Erosion & Sediment
Control
A local law to amend the (Zoning Law/Subdivision Law/Site Plan
Review Law/Erosion and Sediment Control Law) of the ((City/Town/Village) of ______________), Local law Number
_______of the Year ________.
5Article 1 and Article 2 must be adopted for proper implementation. The municipality and its legal counsel, after
reviewing their local codes and this model language, should pick additional
provisions from Articles 3, 4, 5 and 6 to ensure review and enforcement of
stormwater pollution prevention plans at the local level.
Be it enacted by the (City Council/Town Board/Village Board of
Trustees) of the ((City/Town/Village)
of ______________) as follows:
Article 1. General Provisions
Section 1. Findings of Fact
It is hereby determined
that:
1.1 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;
1.2 This
stormwater runoff contributes to increased quantities of water-borne
pollutants, including siltation of aquatic habitat for fish and other desirable
species;
1.3 Clearing
and grading during construction tends to increase soil erosion and add to the
loss of native vegetation necessary for terrestrial and aquatic habitat;
1.4 Improper
design and construction of stormwater management practices can increase the
velocity of stormwater runoff thereby increasing stream bank erosion and
sedimentation;
1.5 Impervious
surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream baseflow;
1.6 Substantial
economic losses can result from these adverse impacts on the waters of the
municipality;
1.7 Stormwater
runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff from land development
activities;
1.8 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.
1.9 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.
Section 2. Purpose
The purpose of this local
law is to establish minimum stormwater management requirements and controls to
protect and safeguard the general health, safety, and welfare of the public
residing within this jurisdiction and to address the findings of fact in
Section 1 hereof. This local law seeks
to meet those purposes by achieving the following objectives:
2.1 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 or as amended or
revised;
2.2 Require land development activities to
conform to the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES) General
Permit for Construction Activities GP-02-01 or
as amended or revised;
2.3 Minimize increases in stormwater runoff
from land development activities in order to reduce flooding, siltation,
increases in stream temperature, and streambank erosion and maintain the
integrity of stream channels;
2.4 Minimize increases in pollution caused by
stormwater runoff from land development activities which would otherwise
degrade local water quality;
2.5 Minimize the total annual volume of
stormwater runoff which flows from any specific site during and following
development to the maximum extent practicable; and
2.6 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.
5The above list is a general set of objectives to reduce the impact of
stormwater on receiving waters. Section 2.1 applies to regulated MS4s; a
municipality not currently under this program may wish to leave this objective
out, although the community may become regulated in the future. The advantage to adopting a local law for all
municipalities is that the local government then has control over review and
approval of Stormwater Pollution Prevention Plans (SWPPPs) during subdivision
and site plan review. The local government may also wish to set some more
specific objectives, based on priority water quality (refer to
Section 3. Statutory Authority
In accordance with Article
10 of the Municipal Home Rule Law of the State of New York, the (City Council/Town Board/Village Board of
Trustees of ______________) has the authority to enact local laws and amend
local laws and for the purpose of
promoting the health, safety or general welfare of the ((City/Town/Village) of ______________) and for the protection and
enhancement of its physical environment. The (City Council/Town Board/Village Board of Trustees of ______________) may
include in any such local law provisions for the appointment of any municipal
officer, employees, or independent contractor to effectuate, administer and
enforce such local law.
Section 4. Applicability
4.1
This
local law shall be applicable to all land development activities as defined in
this local law, Article 2, Section 1.
4.2
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 ((City Council/Town Board/Village Board of Trustees) of the
(Town/Village/City) of ________________ ), 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 said governing board, or
(3) accept the certification of a licensed professional that the plans conform
to the requirements of this law.
4.3 All land development activities subject
to review and approval by the (applicable
board of the (City/Town Village) of ______________) under (subdivision, site plan, and/or special
permit) regulations shall be reviewed subject to the standards contained in
this local law
4.4 All land development activities not
subject to review as stated in section 4.3 shall be required to submit a
Stormwater Pollution Prevention Plan (SWPPP) to the Stormwater Management
Officer who shall approve the SWPPP if it complies with the requirements of
this law.
Section 5. Exemptions
The following activities may
be exempt from review under this law.
5The municipality may elect to include some or all of the exemptions in
Section 5.
5.1 Agricultural activity as defined in this
local law.
5.2 Silvicultural activity
except that landing areas and log haul roads are subject to this law.
5.3 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 facility.
5.4 Repairs to any stormwater
management practice or facility deemed necessary by the Stormwater Management
Officer.
5.5 Any part of a subdivision if
a plat for the subdivision has been approved by the ((City/Town/Village) of _____________) on or before the effective
date of this law.
5.6 Land development activities
for which a building permit has been approved on or before the effective date
of this law.
5.7 Cemetery graves.
5.8 Installation of fence, sign,
telephone, and electric poles and other kinds of posts or poles.
5.9 Emergency activity
immediately necessary to protect life, property or natural resources.
5.10 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.
5.11 Landscaping and
horticultural activities in connection with an existing structure.
Article 2. Zoning Law
Amendment: Stormwater Control
5Municipalities that do not have zoning should add the language in
Article 2 to Article 3 (Subdivision Regulation Amendment) or Article 4 (Site
Plan Review Law Amendment) as applicable for their municipality.
The Zoning Law is hereby
amended to include Article ___, a new supplemental regulation titled Stormwater
Control.
The terms used in this local
law or in documents prepared or reviewed under this local law shall have the
meaning as set forth in this section.
5Definitions should be incorporated into the appropriate section of the
municipality’s zoning law which contains definitions.
Agricultural Activity - the activity of an active farm including grazing
and watering livestock, irrigating crops, harvesting
crops, using land for growing agricultural products, and cutting timber for
sale, but shall not include the operation of a dude ranch or similar operation,
or the construction of new structures associated with agricultural activities.
Applicant - a property owner or agent of a property owner who has filed an
application for a land development activity.
Building - any structure, either temporary or permanent, having walls and a
roof, designed for the shelter of any person, animal, or property, and
occupying more than 100 square feet of area.
Channel - a natural or artificial watercourse with a definite bed and banks
that conducts continuously or periodically flowing water.
Clearing - any activity that removes the vegetative surface cover.
Dedication - the deliberate appropriation of property by its owner for general
public use.
Department - the New York State Department of Environmental Conservation
Design Manual - the New York State Stormwater
Management Design Manual, most recent version including applicable updates,
that serves as the official guide for stormwater management principles, methods
and practices.
Developer - a person who undertakes land development activities.
Erosion Control Manual - the most recent version of the “New York Standards
and Specifications for Erosion and Sediment Control” manual, commonly known as
the “Blue Book”.
Grading - excavation or fill of material, including the resulting conditions
thereof.
Impervious Cover - those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc).
Industrial Stormwater Permit - a State Pollutant Discharge Elimination System
permit issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges or
specifies on-site pollution control strategies.
Infiltration - the process of percolating stormwater into the subsoil.
Jurisdictional Wetland - an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support a
prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophytic vegetation.
Land Development Activity - construction activity including clearing, grading,
excavating, soil disturbance or placement of fill that results in land
disturbance of equal to or greater than one acre (see 5Note),
or activities disturbing less than one acre of total land area that is part of
a larger common plan of development or sale, even though multiple separate and
distinct land development activities may take place at different times on
different schedules.
5A community should review the local site plan, subdivision, zoning and
erosion & sediment control laws and ordinances to see if there are minimum
land disturbance requirements already specified in those laws. To meet the SPDES guidelines under GP-02-02,
the municipality must require SWPPPs for construction activities that result in
land disturbance equal to or greater than one acre, or activities disturbing
less than one acre if they are part of a larger common plan of development or
sale or in a specified watershed. The municipality may wish to reduce this
threshold to a lesser amount of disturbance to conform to local standards which
may be stricter than the standards set forth in the state regulations. Many communities regulate land disturbance activities
of more than 5000 square feet (1/8 acre), with
an exemption if the amount of impervious cover created does not exceed
1000 square feet.
Landowner - the legal or beneficial owner of land, including those holding the
right to purchase or lease the land, or any other person holding proprietary
rights in the land.
Maintenance Agreement - a legally recorded document that acts as a
property deed restriction, and which provides for long-term maintenance of
stormwater management practices.
Nonpoint Source Pollution - pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Phasing - clearing a parcel of land in distinct pieces or parts, with the
stabilization of each piece completed before the clearing of the next.
Pollutant of Concern - sediment
or a water quality measurement that addresses sediment (such as total suspended
solids, turbidity or siltation) and any other pollutant that has been
identified as a cause of impairment of any water body that will receive a
discharge from the land development activity.
Project - land development activity
Recharge - the replenishment of underground water reserves.
Sediment Control - measures that prevent eroded sediment from leaving the site.
Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened, endangered or
special concern species.
SPDES General Permit for Construction Activities GP-02-01 - 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-02-02 - A permit under
the New York State Pollutant Discharge Elimination System (SPDES) issued to
municipalities to regulate discharges from municipal separate storm sewers for
compliance with EPA established water quality standards and/or to specify
stormwater control standards
Stabilization - the use of practices that prevent exposed soil from eroding.
Stop Work Order - an order issued which requires that all construction activity on a
site be stopped.
Stormwater - rainwater, surface runoff, snowmelt and drainage
Stormwater Hotspot - a land use or activity that generates higher concentrations of
hydrocarbons, trace metals or toxicants than are found in typical stormwater
runoff, based on monitoring studies.
Stormwater Management - the use of structural or 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 the purpose of controlling
stormwater runoff.
Stormwater Management Officer - an employee or officer designated by the
municipality to accept and review stormwater pollution prevention plans,
forward the plans to the applicable municipal board and inspect stormwater
management practices
5The Stormwater Management Officer would likely be the Code Enforcement
Officer or his/her staff. A consultant cannot be appointed as Stormwater
Management Officer. Plan reviews and site inspections may be delegated to a
consultant paid for through the applicant’s escrow account, however the final
approval must be made by a municipal employee or board member.
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.
Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling
stormwater runoff and pollutants from a site during and after construction
activities.
Stormwater Runoff - flow on the surface of the ground, resulting from precipitation
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.
Waterway - a channel that directs surface runoff to a watercourse or to the
public storm drain.
Section 2. Stormwater Pollution Prevention Plans
2.1. Stormwater Pollution
Prevention Plan Requirement
No application for approval
of a land development activity shall be reviewed until the appropriate board
has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in
accordance with the specifications in this local law.
2.2 Contents of
Stormwater Pollution Prevention Plans
2.2.1 All 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 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);
5Site map should
be at a scale no smaller than 1"=100' (e.g. 1"=500" is smaller
than 1"=100")
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 (5) acres
shall be disturbed at any one time unless pursuant to an approved SWPPP.
5 A municipality
may choose to reduce the amount of land that may be exposed at any one time.
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.
2.2.2 Land development
activities as defined in Section 1 of this Article and 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 Section 2.2.3
below as applicable:
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.
Condition B -
Stormwater runoff from land development activities disturbing five (5) or more
acres.
Condition
C - Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of
land during the course of the project, exclusive of the construction of single
family residences and construction activities at agricultural properties.
2.2.3 SWPPP
Requirements for Condition A, B and C:
1. All
information in Section 2.2 .1 of this local law
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 pre-development
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 Article 2, Section 4
of this local law.
2.3 Plan Certification
The SWPPP shall
be prepared by a landscape architect, certified professional or professional
engineer and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meet the
requirements in this local law.
2.4 Other
Environmental Permits
The applicant
shall assure that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of the final
stormwater design plan.
2.5 Contractor
Certification
2.5.1 Each
contractor and subcontractor identified in the SWPPP 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.”
2.5.2 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.
2.5.3 The
certification statement(s) shall become part of the SWPPP for the land
development activity.
2.6 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.
Section 3. Performance
and Design Criteria for Stormwater Management and Erosion and Sediment Control
All land
development activities shall be subject to the following performance and design
criteria:
3.1 Technical
Standards
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:
3.1.1 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)
3.1.2 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).
5 The
http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html
http://www.dos.state.ny.us/lgss/stormwaterpub/index.html
3.2 Water Quality
Standards
3.2.1 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
Section 4. Maintenance
and Repair of Stormwater Facilities
4.1 Maintenance During
Construction
4.1.1 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
local law. Sediment shall be removed
from sediment traps or sediment ponds whenever their design capacity has been
reduced by fifty (50) percent.
4.1.2 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 7 days and within 24 hours of any storm event
producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also
copied to the site log book.
4.2 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 ((City/Town/Village) of _________) to ensure that the facility is
maintained in proper working condition to meet design standards and any other
provisions established by this local law. The easement shall be recorded by the
grantor in the office of the
4.3 Maintenance after
Construction
The owner or
operator of permanent stormwater management practices installed in accordance
with this law shall operate and maintain the stormwater management practices to
achieve the goals of this law. Proper operation and maintenance also includes
as a minimum, the following:
4.3.1 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 law.
4.3.2 Written procedures for operation and
maintenance and training new maintenance personnel.
4.3.3 Discharges from the SMPs shall not
exceed design criteria or cause or contribute to water quality standard
violations in accordance with Article 2, section 3.2.
4.4 Maintenance Agreements
The ((City/Town/Village) of _________ ) 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 prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this local law entitled Sample Stormwater Control Facility
Maintenance Agreement. The ((City/Town/Village)
of _________), 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 local law and
includes adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
Section 5.
Severability and Effective Date
5.1 Severability
If the
provisions of any article, section, subsection, paragraph, subdivision or
clause of this local law shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate the
remainder of any article, section, subsection, paragraph, subdivision or clause
of this local law.
5.2 Effective Date
This Local Law
shall be effective upon filing with the office of the Secretary of State.
Approved by:
_________________________________ Date ___________________
Article
3. Subdivision Regulation Amendment
Sections ___ and
___ of the Subdivision Regulations of the ((City/Town/Village)
of __________) are hereby amended by adding the following to the
information requirements:
A. For Preliminary Subdivision Plat add: Stormwater
Pollution Prevention Plan: A Stormwater
Pollution Prevention Plan (SWPPP) consistent with the requirements of Article 1
and 2 of this local law shall be required for Preliminary Subdivision Plat
approval. The SWPPP shall meet the
performance and design criteria and standards in Article 2 of this local
law. The approved Preliminary
Subdivision Plat shall be consistent with the provisions of this local law.
B. For Final Subdivision Plat approval add: Stormwater Pollution Prevention
Plan: A Stormwater
Pollution Prevention Plan consistent with the requirements of Article 1 and 2
of this local law and with the terms of preliminary plan approval shall be
required for Final Subdivision Plat approval.
The SWPPP shall meet the performance and design criteria and standards
in Article 2 of this local law. The
approved Final Subdivision Plat shall be consistent with the provisions of this
local law.
5 If the municipality has
only one requirement for a final plan (no preliminary) then use Paragraph A
language only.
Article 4. Site
Plan Review Regulation Amendment
Sections ___ and
___ of the Site Plan Review regulations of the ((City/Town/Village) of __________) are hereby amended by adding
the following to the information requirements:
For Site Plan Approval add: Stormwater
Pollution Prevention Plan: A Stormwater Pollution Prevention Plan
consistent with the requirements of Article
1 and 2 of this local law shall be
required for Site Plan Approval. The
SWPPP shall meet the performance and design criteria and standards in Article 2
of this local law. The approved Site
Plan shall be consistent with the provisions of this local law.
Article 5. Erosion
& Sediment Control Law Amendment
The Erosion
& Sediment Control Law of the ((City/Town/Village)
of _________) is hereby repealed and replaced with the New York State Model
Erosion and Sediment Control Ordinance, March 2003.
5 The
OR
Section
_________of the Erosion & Sediment Control Law of the ((City/Town/Village) of __________) is hereby amended by adding
the following clause: Stormwater Pollution Prevention Plan: A Stormwater
Pollution Prevention Plan consistent with the requirements of Article 1 and 2
of this local law shall be required. The
SWPPP shall meet the performance and design criteria and standards in Article 2
of this local law. The approved erosion control permit shall
be consistent with the provisions of this local law.
5 For both options in Article
5, the municipality must also adopt Articles 1, 2, 3 and 4 (as applicable for
their municipality) in order to address post-construction stormwater runoff
control in stormwater pollution prevention plans.
Article 6. Administration
and Enforcement
5The following provisions for construction inspection,
performance guarantees and bonds, and enforcement are important to include in a
stormwater control program, but may already exist in local law. Therefore the municipality and its counsel
should review their existing provisions for these activities, compare them with
the following provisions, and consider whether revisions or amendments are
necessary to achieve the purposes of this local law.
Section 1. Construction
Inspection
1.1 Erosion and
Sediment Control Inspection
The ((City/Town/Village) of _________ ) Stormwater
Management Officer may require such
inspections as necessary to determine compliance with this law 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 law and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the ((City/Town/Village) of
_________) enforcement official at least 48 hours before any of the
following as required by the Stormwater Management Officer:
1.1.1 Start of construction
1.1.2 Installation of sediment and erosion
control measures
1.1.3 Completion of site clearing
1.1.4 Completion of rough grading
1.1.5 Completion of final grading
1.1.6 Close of the construction season
1.1.7 Completion of final landscaping
1.1.8 Successful establishment of
landscaping in public areas.
If any
violations are found, the applicant and developer shall be notified in writing
of the nature of the violation and the required corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work previously
completed has received approval by the Stormwater Management Officer.
1.2 Stormwater
Management Practice Inspections
The ((City/Town/Village) of _________)
Stormwater Management Officer, is responsible for conducting inspections of
stormwater management practices (SMPs).
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.
1.3 Inspection of
Stormwater Facilities After Project
Completion
Inspection
programs shall be established on any reasonable basis, including but not
limited to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher than typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher than usual discharges of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the
SPDES stormwater permit; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control
facilities; and evaluating the condition of drainage control facilities and
other stormwater management practices.
5Inspections may
be performed by local government staff or the local government may designate an
inspector required to have a Professional Engineer’s (PE) license or Certified
Professional in Erosion and Sediment Control (CPESC) certificate, as long as
the designated inspector is required to submit a report.
1.4 Submission of Reports
The
((City/Town/Village) of _________) Stormwater Management Officer may require
monitoring and reporting from entities subject to this law as are necessary to
determine compliance with this law.
1.5 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 ((City/Town/Village)
of _________) the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection as specified in paragraph 1.3.
Section 2. Performance Guarantee
2.1 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 ((City/Town/Village) of _____________) in its approval of the
Stormwater Pollution Prevention Plan, the ((City/Town/Village)
of _____________) 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 ((City/Town/Village) of _____________) as the beneficiary. The security shall be in an amount to be
determined by the ((City/Town/Village)
of _____________) 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 ((City/Town/Village)
of _____________), 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 ((City/Town/Village) of _________). Per annum interest on cash escrow deposits
shall be reinvested in the account until the surety is released from liability.
2.2 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 ((City/Town/Village)
of _____________) 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 ((City/Town/Village) of _____________)
may draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
2.3 Recordkeeping
The
((City/Town/Village) of _____________) may require entities subject to this law
to maintain records demonstrating compliance with this law.
Section 3. Enforcement
and Penalties
3.1 Notice of
Violation.
When the ((City/Town/Village) of _________)
determines that a land development activity is not being carried out in
accordance with the requirements of this local law, it may issue a written
notice of violation to the landowner. The notice of violation shall contain :
3.1.1 the name and address of the
landowner, developer or applicant;
3.1.2 the address when available or a
description of the building, structure or land upon which the violation is
occurring;
3.1.3 a statement specifying the nature of
the violation;
3.1.4 a description of the remedial
measures necessary to bring the land development activity into compliance with
this local law and a time schedule for the completion of such remedial action;
3.1.5 a statement of the penalty or
penalties that shall or may be assessed against the person to whom the notice
of violation is directed;
3.1.6 a statement that the determination of
violation may be appealed to the municipality by filing a written notice of
appeal within fifteen (15) days of service of notice of violation.
3.2 Stop Work Orders
The ((City/Town/Village) of _________ ) may
issue a stop work order for violations of this law. 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 ((City/Town/Village) of _________ ) 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 local law.
3.3 Violations
Any land development
activity that is commenced or is conducted contrary to this local law, may be
restrained by injunction or otherwise abated in a manner provided by law.
3.4 Penalties
In addition to
or as an alternative to any penalty provided herein or by law, any person who
violates the provisions of this local law shall be guilty of a violation
punishable by a fine not exceeding three hundred fifty dollars ($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 three hundred
fifty dollars nor more than seven hundred dollars ($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 seven hundred dollars nor more than one
thousand dollars ($1000) 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 local law 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.
3.5 Withholding of Certificate of Occupancy
If any building
or land development activity is installed or conducted in violation of this local
law the Stormwater Management Officer may prevent the occupancy of said
building or land.
3.6 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 ((City/Town/Village) of _________) may
take necessary corrective action, the cost of which shall become a lien upon
the property until paid.
Section 4. Fees for
Services
The ((City/Town/Village) of _________) 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 SMP maintenance performed by the ((City/Town/Village)
of _________) or performed by a third party for the ((City/Town/Village) of _________).
Schedule
A
|
Stormwater
Management Practices Acceptable for Water Quality (From: |
||
|
Group |
Practice |
Description |
|
Pond |
Micropool Extended Detention Pond (P-1) |
Pond that treats the majority of the
water quality volume through extended detention, and incorporates a micropool
at the outlet of the pond to prevent sediment resuspension. |
|
Wet Pond (P-2) |
Pond that provides storage for the
entire water quality volume in the permanent pool. |
|
|
Wet Extended Detention Pond (P-3) |
Pond that treats a portion of the water
quality volume by detaining storm flows above a permanent pool for a
specified minimum detention time. |
|
|
Multiple Pond System (P-4) |
A group of ponds that collectively treat
the water quality volume. |
|
|
Pocket Pond (P-5) |
A stormwater wetland design adapted for
the treatment of runoff from small drainage areas that has little or no
baseflow available to maintain water elevations and relies on groundwater to
maintain a permanent pool. |
|
|
Wetland |
Shallow Wetland (W-1) |
A wetland that provides water quality
treatment entirely in a shallow marsh. |
|
Extended Detention Wetland (W-2) |
A wetland system that provides some
fraction of the water quality volume by detaining storm flows above the marsh
surface. |
|
|
Pond/Wetland System (W-3) |
A wetland system that provides a portion
of the water quality volume in the permanent pool of a wet pond that precedes
the marsh for a specified minimum detention time. |
|
|
Pocket Wetland (W-4) |
A shallow wetland design adapted for the
treatment of runoff from small drainage areas that has variable water levels
and relies on groundwater for its permanent pool. |
|
|
Infiltration |
Infiltration Trench (I-1) |
An infiltration practice that stores the
water quality volume in the void spaces of a gravel trench before it is
infiltrated into the ground. |
|
|
An infiltration practice that stores the
water quality volume in a shallow depression before it is infiltrated into
the ground. |
|
|
Dry Well (I-3) |
An infiltration practice similar in
design to the infiltration trench, and best suited for treatment of rooftop
runoff. |
|
|
Filtering Practices |
Surface Sand Filter (F-1) |
A filtering practice that treats
stormwater by settling out larger particles in a sediment chamber, and then
filtering stormwater through a sand matrix. |
|
Underground Sand Filter (F-2) |
A filtering practice that treats
stormwater as it flows through underground settling and filtering chambers. |
|
|
Perimeter Sand Filter (F-3) |
A filter that incorporates a sediment
chamber and filter bed as parallel vaults adjacent to a parking lot. |
|
|
Organic Filter (F-4) |
A filtering practice that uses an
organic medium such as compost in the filter in place of sand. |
|
|
Bioretention (F-5) |
A shallow depression that treats
stormwater as it flows through a soil matrix, and is returned to the storm
drain system. |
|
|
Open
Channels |
Dry Swale (O-1) |
An open drainage channel or depression
explicitly designed to detain and promote the filtration of stormwater runoff
into the soil media. |
|
Wet Swale (O-2) |
An open drainage channel or depression
designed to retain water or intercept groundwater for water quality
treatment. |
|
Schedule B
SAMPLE STORMWATER
CONTROL FACILITY
MAINTENANCE AGREEMENT
Whereas, the
Municipality of ________________("Municipality") and the
_______________ ("facility owner") want to enter into an agreement to
provide for the long term maintenance and continuation of stormwater control
measures approved by the Municipality for the below named project, and
Whereas, the
Municipality and the facility owner desire that the stormwater control measures
be built in accordance with the approved project plans and thereafter be
maintained, cleaned, repaired, replaced and continued in perpetuity in order to
ensure optimum performance of the components. Therefore, the Municipality and
the facility owner agree as follows:
1. This agreement
binds the Municipality and the facility owner, its successors and assigns, to
the maintenance provisions depicted in the approved project plans which are
attached as Schedule A of this agreement.
2. The facility
owner shall maintain, clean, repair, replace and continue the stormwater
control measures depicted in Schedule A as necessary to ensure optimum
performance of the measures to design specifications. The stormwater control
measures shall include, but shall not be limited to, the following: drainage
ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption
devices and retention ponds.
3. The facility
owner shall be responsible for all expenses related to the maintenance of the
stormwater control measures and shall establish a means for the collection and
distribution of expenses among parties for any commonly owned facilities.
4. The facility
owner shall provide for the periodic inspection of the stormwater control
measures, not less than once in every five year period, to determine the
condition and integrity of the measures. Such inspection shall be performed by
a Professional Engineer licensed by the State of
5. The facility
owner shall not authorize, undertake or permit alteration, abandonment,
modification or discontinuation of the stormwater control measures except in
accordance with written approval of the Municipality.
6. The facility
owner shall undertake necessary repairs and replacement of the stormwater
control measures at the direction of the Municipality or in accordance with the
recommendations of the inspecting engineer.
7. The facility
owner shall provide to the Municipality within 30 days of the date of this
agreement, a security for the maintenance and continuation of the stormwater
control measures in the form of ( a Bond, letter of credit or escrow account).
8. This agreement
shall be recorded in the Office of the
9. If ever the
Municipality determines that the facility owner has failed to construct or
maintain the stormwater control measures in accordance with the project plan or
has failed to undertake corrective action specified by the Municipality or by
the inspecting engineer, the Municipality is authorized to undertake such steps
as reasonably necessary for the preservation, continuation or maintenance of
the stormwater control measures and to affix the expenses thereof as a lien
against the property.
10. This agreement
is effective ____________ .
________________________________
______________________________
From: