This chapter shall be known as the town stormwater management and erosion and sediment control law.

(LL No. 1, 2021, § 1)

It is 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 water-borne 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 baseflow.

F.

Substantial economic losses can result from these adverse impacts on the waters of the town.

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.

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.

(LL No. 1, 2021, § 1)

The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the town, and to address the findings of fact in Section 17.37.020 hereof. This chapter seeks to meet those purposes by achieving the following objectives:

A.

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;

B.

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;

C.

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;

D.

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

E.

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

F.

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

(LL No. 1, 2021, § 1)

In accordance with Section 10(1)(ii)(a)(11) of the Municipal Home Rule Law of the State of New York, the town has the authority to enact local laws for the protection and enhancement of its physical and visual environment as well as to promote the health, safety, and general welfare of the town. The town may include in such local law provisions for the appointment of any municipal officer, employee(s), or independent contractor to effectuate, administer and enforce such local law.

(LL No. 1, 2021, § 1)

This chapter shall be applicable to all land development activities as defined in Section 17.37.070.

The town shall designate a stormwater management officer who shall accept and review all stormwater pollution prevention plans (SWPPPs) and forward such plans to the planning board for approval. The stormwater management officer may: (1) review the plans; or (2) upon approval by the planning board of the Town of Big Flats, engage the services of a state licensed professional engineer to review the plans, specifications, and related documents pursuant to Chapter 2.12 of Title 2 of this code; or (3) accept the certification of a state licensed professional engineer that the plans conform to the requirements of this chapter. The stormwater management officer shall then forward the plans to the planning board for approval. For purposes of this chapter, the stormwater management officer shall be appointed by the town board. The fee for review of the SWPPP by the town shall be set by resolution of the town board. Fees for review of the SWPPP by a third party shall be passed on directly to the applicant.

All land development activities subject to review and approval by the town planning board under the town's stormwater management and erosion and sediment control law shall be reviewed subject to the standards contained in this chapter.

(LL No. 1, 2021, § 1)

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

A.

Agricultural activity as defined in this chapter.

B.

Silvicultural activity 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 facility.

D.

Repairs to any stormwater management practice or facility deemed necessary by the stormwater management officer.

E.

Any part of a subdivision if a plat for the subdivision has been approved by the town on or before the effective date of this chapter.

F.

Land development activities for which a building permit has been approved on or before the effective date of this chapter.

G.

Cemetery graves.

H.

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

I.

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

J.

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.

K.

Landscaping and horticultural activities in connection with an existing structure.

(LL No. 1, 2021, § 1)

The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meaning as set forth in this section.

Department means the New York State Department of Environmental Conservation.

Design manual means 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.

Stormwater management officer means the code enforcement officer, or any similar official as appointed a stormwater management officer by the town board.

(LL No. 1, 2021, § 1)

A.

Stormwater Pollution Prevention Plan Requirement. No application for approval of a land development activity shall be reviewed until the planning board or the stormwater management officer, accordingly, has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.

B.

Contents of Stormwater Pollution Prevention Plans. 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 on-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s); site map should be at a scale no smaller than one inch equals one hundred (100) feet (e.g. one inch equals five hundred (500) inches is smaller than one inch equals one hundred (100) inches);

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.

Dimension, 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;

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.

17.

Stormwater pollution prevention plan shall be prepared in adherence and contain all applicable information as requirement by the state department of environmental protection as part of the stormwater general permit. Land development activities as defined in Section 17.04.060 shall include water quantity and water quality controls (post-construction stormwater runoff controls) in adherence to the stormwater general permit.

C.

Other Environmental Permit. 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.

D.

Contractor Certification. 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."

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.

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

E.

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.

(LL No. 1, 2021, § 1)

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 section:

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.

Equivalence to Technical Standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in subsection A of this section and the SWPPP shall be prepared by a state licensed professional engineer.

C.

Water Quality Standards. 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.

(LL No. 1, 2021, § 1)

A.

Maintenance and Inspection During Construction. The applicant or developer of the land development activity or their representative 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 fifty (50) percent.

For land development activities as defined in Section 17.04.060 the applicant shall have a qualified inspector as defined by the stormwater general permit conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or as required per the state stormwater general permit, most current revision. Inspection reports shall be maintained in a site log book.

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.

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 town 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 approval by the counsel for the town.

C.

Maintenance After Construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes as a minimum, the following:

1.

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.

2.

Written procedures for operation and maintenance and training new maintenance personnel.

3.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with subsection 17.37.090(C).

D.

Maintenance Agreements. The town 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 chapter entitled Sample Stormwater Control Facility Maintenance Agreement.

(LL No. 1, 2021, § 1)

A.

Erosion and Sediment Control Inspection. The town stormwater management officer may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the town code enforcement official at least forty-eight (48) hours before any of the following as required by the stormwater management officer:

1.

Start of construction.

2.

Installation of sediment and erosion control measures.

3.

Completion of site clearing.

4.

Completion of rough grading.

5.

Completion of final grading.

6.

Close of the construction season.

7.

Completion of final landscaping.

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.

B.

Stormwater Management Practice Inspections. The town stormwater management officer or a qualified designee 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 state licensed professional engineer.

C.

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.

D.

Submission of Reports. The town stormwater management officer may require monitoring and reporting from entities 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 stormwater system, the landowner shall grant to the town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in subsection C of this section.

(LL No. 1, 2021, § 1)

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 town in its approval of the stormwater pollution prevention plan, the town 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 town as the beneficiary. The security shall be in an amount to be determined by the town 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 town, 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 town. 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 town 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 town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

C.

Recordkeeping. The town shall require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

(LL No. 1, 2021, § 1)

A.

Notice of Violation. When the town determines that a land development activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. 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.

B.

Stop Work Orders. The town may issue a stop work order for violations of this chapter. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.

C.

Violations. Any land development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction, or otherwise abated in a manner provided by chapter.

D.

Penalties. 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 of at least fifty dollars ($50.00) and not exceeding three hundred fifty dollars ($350.00) 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 ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed fifteen (15) days, 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 ($700.00) nor more than one thousand dollars ($1,000.00) or imprisonment for a period not to exceed fifteen (15) days, or both. Each week's continued violation shall constitute a separate additional violation.

E.

Withholding of Certificate of Occupancy. If any building or land development activity is installed or conducted in violation of this chapter, the stormwater management officer may prevent the occupancy of said building or land.

F.

If a stormwater management facility is not maintained in accordance with the approved stormwater management plan, the town reserves the right to take actions in accordance with Section 17.32.190.

G.

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 town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(LL No. 1, 2021, § 1)

The town shall 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 town or performed by a third party for the town, pursuant to Chapter 2.12 of this code. The fee for review of the SWPPP, inspections, and SMP maintenance performed by the town shall be set by resolution of the town board. Fees for review of the SWPPP by a third party shall be passed on directly to the applicant.

(LL No. 1, 2021, § 1)

Schedule A
Stormwater Management Practices Acceptable for Water Quality
(From: New York State Stormwater Management Design Manual, Table 5.1)

(LL No. 1, 2021, § 1)

Schedule B
SAMPLE STORMWATER CONTROL FACILITY
MAINTENANCE AGREEMENT

Whereas, the Municipality of Town of Big Flats ("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 New York. The inspecting engineer shall prepare and submit to the Municipality within thirty (30) days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures.

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 thirty (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 county Clerk, county of _____ together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to _____.

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 _____.

(LL No. 1, 2021, § 1)