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