Brighton City Zoning Code
CHAPTER 215
Stormwater Management
§ 215-1 Purpose and intent.
A.
It is the purpose and intent of this chapter to protect the Town of Brighton and its residents from adverse effects of stormwater runoff caused by the modification of existing drainage systems during construction, reconstruction or development on one or more parcels of land, and to promote water quality.
B.
The adverse effects include but are not limited to the following:
(1)
Increased rate of storm drainage runoff, soil movement or erosion, decreased water quality, sediment accumulation and an increase in peak flows caused by but not limited to:
(a)
A decrease in soil area able to absorb water due to construction or reconstruction of streets, buildings and parking lots.
(b)
A decrease in existing water quality of any creek, stream, river or other water body within the Town of Brighton.
(c)
Increases in peak flows, volume, velocity and duration of water concentration caused by altering the steepness, distance, surface roughness and impermeability.
(2)
The obstruction of stream and channel flow by construction or reconstruction, backfilling, excavation and refuse disposal.
§ 215-2 General requirements.
A.
The design and construction of drainage systems shall be such that watercourses traversing the development and natural water emanating from within the development will be carried through and off the development without adversely affecting overall runoff rate or quantity or water quality, or injury to improvements, building sites or buildings existing or to be installed downstream within or adjacent to the development. Off-site drainage water entering the development shall be received and discharged at locations and in a manner consistent with requirements contained herein. The design of drainage facilities within the development shall be such that they will conform to the ultimate drainage requirements of the land within the development watershed. The discharged flow at the downstream area of the development shall be conducted in drainage facilities so that the flow effect shall be restored to predevelopment conditions prior to leaving the development area or reasonably distant therefrom.
B.
Natural drainage patterns shall be employed in preference to rechanneling streams or watercourses. In no case shall work be performed which directly or indirectly affects natural patterns prior to the granting of approval by the Town, county, state and federal agencies having jurisdiction.
C.
All domestic and industrial sewage, as defined by the sewer provisions of the Town of Brighton, shall be excluded from any drainage systems as herein defined.
D.
No chemicals, fuels, lubricants, sewage or other pollutants shall be discharged into any streams, drainage or water supply systems.
E.
Fill and refuse shall not be disposed of or deposited upon any wetland, floodplain or drainageway, except when otherwise permitted.
F.
Man-made structures shall be placed so as not to block or restrict, in any manner, natural drainage patterns, except where otherwise permitted.
G.
Where land excavation or filling has been permitted, provision shall be made for the safe conduct of surface water across the face of the slope, for subsurface drainage as necessary and to prevent materials from washing across or upon the property of another.
H.
Ponds and stormwater wetlands shall be employed as required by the Town.
I.
All drainage systems and stormwater sewer capacity shall be designed to handle the anticipated flows from the entire upstream drainage basin when fully developed according to existing zoning as these anticipated flows shall be determined by the Town.
J.
In order to expedite surface drainage, a minimum grade of 5/10% shall be employed on all newly finished slopes, unless otherwise required.
K.
Sedimentation basins and other best management practices shall be employed as required by the Commissioner of Public Works to prevent siltation or turbidity in watercourses or drainage systems.
L.
Drainage easements shall be identified by monuments, acceptable to the Town, set at an angle point and at such other locations which allow intervisibility.
M.
Surface waters and drainage, where identified as being significant sources of groundwater replenishment and where such resources are being utilized as a potable water supply, shall not be revised or altered except by approval of the Town Board.
N.
Land disturbance activities meeting Condition A, below, shall include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 217-7 as applicable unless eligible for an exemption or granted a waiver by the Town Engineer in accordance with § 215-2O of the Code:
[Added 12-12-2007 by L.L. No. 15-2007[1]]
(1)
Condition A: stormwater runoff from land disturbance 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.
[1]
Editor's Note: This local law also redesignated former Subsection N as Subsection O.
O.
Any of the above requirements may be waived by presentation of sufficient evidence as determined by the Commissioner of Public Works.
§ 215-3 Prohibited acts; exempt discharges.
Except as hereinafter provided, it shall be unlawful for any person, firm, entity or corporation to:
A.
Modify the topography or surface qualities of any area greater than 20,000 square feet so that the water retention characteristics of the area are modified, unless the action has been approved by a permit granted as herein provided. Recognized agricultural procedures in areas zoned for such purpose are exempted from the regulations herein defined.
B.
Place, deposit or permit to be placed or deposited any debris, fill, sand, stone or other solid materials of any kind or nature or construction of any kind into or across any stream, ditch, culvert, pipe, watercourse or other drainage system without a permit or other necessary approvals.
C.
Fill, obstruct, dam, divert or otherwise change or alter the natural or artificial flow of waters or drainage or the intensity or quantity of flow through any stream, ditch, pipe, culvert, watercourse or other improvement or drainage system without a permit or other necessary approvals.
D.
Prohibited discharges.
[Added 12-12-2007 by L.L. No. 15-2007]
(1)
Discharge or cause to be discharged into the storm drainage system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems, improper management of animal waste or any other activity that causes or contributes to violations of the Town’s MS4 SPDES permit authorization.
(2)
Fail, upon notification that he or she is engaged in activities that cause or contribute to violations of the municipality’s MS4 SPDES permit authorization, to take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality’s MS4 SPDES permit authorization.
E.
Construct, use, maintain or suffer to continue any illicit connection to the storm drainage system. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this chapter if the person connects a pipe or line conveying sewage to the storm drainage system or allows such a connection to continue.
[Added 12-12-2007 by L.L. No. 15-2007]
F.
Construct or maintain any cesspool, sewage disposal system, pipe or drain so as to expose or discharge the sewage contents or other deleterious liquids or matter therefrom to the atmosphere or on the ground surface or into any storm sewer or drain or so as to endanger any watercourse or body of water unless a permit for such discharge shall have been issued therefor by the Monroe County Department of Health or by the State Department of Health or the State Department of Environmental Conservation, and such discharge shall be made in accordance with the requirements thereof. Owners or operators of private sewage disposal systems shall operate, maintain and inspect such systems in accordance with the Monroe Sanitary Code.
[Added 12-12-2007 by L.L. No. 15-2007]
G.
The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated and non-sediment-laden pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air-conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically less than one PPM chlorine), fire-fighting activities and any other water source not containing pollutants. Regardless of exemption, best management practices should be implemented to reduce impacts from the above activities.
[Added 12-12-2007 by L.L. No. 15-2007]
H.
Discharges, specified in writing by the Town of Brighton as being necessary to protect public health and safety, are exempt from discharge prohibitions established by this chapter.
[Added 12-12-2007 by L.L. No. 15-2007]
I.
Dye testing and smoke testing are allowable discharges, but require a verbal notification to the Town prior to the time of the test.
[Added 12-12-2007 by L.L. No. 15-2007]
J.
The prohibition shall not apply to any non-stormwater discharge permitted under SPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the New York State Department of Environmental Conservation, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system by the Town.
[Added 12-12-2007 by L.L. No. 15-2007]
§ 215-4 Design of drainage system.
A.
Hydrologic:
(1)
The drainage channels for watercourses numerically identified in the Town drainage study shall be provided to accommodate not less than the minimum flows indicated in the drainage report. These values shall be independently verified by their users using hydrologic technology recommended herein, and the hydrologic analysis thereof shall become part of the supporting data of the proposed drainage plans. The minimum flow requirements for the ultimate channel of the watercourses shall be determined in accordance with not less than the following frequencies:
(a)
Primary watercourses shall be designed for an average recurrence interval of 100 years in the determination of the ultimate channel.
(b)
Secondary watercourses shall be designed for an average recurrence interval of 25 years in the determination of the ultimate channel.
(c)
Tertiary watercourses shall be designed for an average recurrence interval of 10 years in the determination of the ultimate channel.
(2)
The capacity of the channel that will occupy the ultimate drainage easement within the development shall be based upon both the existing degree and anticipated rate of urbanization within the development watershed and the type of development possible under the Comprehensive Development Regulations, as the same may be modified from time to time. Wherever a development may be located within a watershed undergoing initial stages of urban development, the proposed drainage system shall adequately pass the flows that would develop from continued urbanization within the useful life of the proposed channel improvement or system. Proposed drainage systems within developments located in watersheds that may be in the advanced stages of urbanization shall be designed and constructed to pass the project design flow determined for the ultimate urbanization of the tributary watershed, and/or where required, storage basins may be provided to increase the capacity of the drainage system and attenuate flows to downstream drainage structures such that their capacities will not be exceeded.
(a)
Types.
[1]
These storage basins may be of the following types:
[a]
A detention basin, drained by gravity through a control-sized pipe located at the downstream end of the basin.
[b]
A retention basin, where a portion of the drainage occurs by gravity. Inflow is usually over a side channel spillway leading from a natural channel. The spillway operates only when excessive normal channel flow is incipient.
[c]
A stormwater wetland, designed in accordance with the requirements of the Irondequoit Watershed Collaborative's most recent report, and the NYS Stormwater Management Design Manual (most recent edition).
[2]
Preference shall be given to the utilization of stormwater wetlands whenever possible instead of detention or retention basins.
(c)
Storage basins are sized to accept excessive flow over and above the capacity of downstream drainage facilities. They may be used to ameliorate flows through a proposed development or from a proposed development.
(3)
For undeveloped areas of the tributary watershed, the percentage of surface classification shall be based upon the Town of Brighton's Land Use, Zoning and Soils Maps[1] and correlated with projected land uses developed by the Town Master Plan. Wherever a development watershed contains extensive permanent open land uses such as railroads, public parks, cemeteries and parkways, such factors may be additionally be considered in determining an appropriate coefficient of runoff.
[1]
Editor's Note: The maps are on file in the Building and Planning Department offices.
(4)
The design flow for major watercourses is offered in the Town drainage study. Design flows for tertiary and secondary watercourses shall be determined by the developer's engineer and approved by the Town.
(5)
Drainage systems classified as tertiary and secondary shall be tested by engineering computations to pass the flow requirements of the next higher design level. If engineering computations indicate that only minor inundation results without damage or loss of accessibility, the system may be considered adequate.
B.
Hydraulic:
(1)
Hydraulic design.
(a)
The hydraulic design shall be performed in accordance with the hydrologic criteria specified herein with the ultimate stormwater control being quantified with respect to the watercourse to which the development is tributary. The ultimate stormwater control capacity volume shall be based upon the design recurrence interval with the discharge rate from the structure's outfall not exceeding the criteria set forth as follows:
Watercourse Designation | Design Recurrence Interval | Stormwater Control Design |
|---|---|---|
Primary | 100-year | Difference of 100-year developed and 25-year undeveloped |
Secondary | 25-year | Difference of 25-year developed and 10-year undeveloped |
Tertiary | 10-year | Difference of 10-year developed and 2-year undeveloped |
(b)
In all instances, the outlet structure of the stormwater control facility shall uniformly regulate the discharge of stormwater throughout the range of the storm events accordingly. The design structure shall be such that the incremental control is consistent for the difference between pre- and postdevelopment runoff as stipulated in the design recurrence interval for the watercourse, as well as controlling all lesser events in the same manner.
(2)
The hydraulic design of development drainage systems shall be in accordance with modern standard procedures, endorsed by the American Society of Civil Engineers.
(3)
Hydraulic design shall conform to the latest professional manuals dealing with the many facets which constitute a comprehensive drainage system, including water quality management measures.
(4)
The hydraulic design of closed drainage systems shall conform in basic details to the American Society of Civil Engineers Manual of Engineering Practice Number 37 (or most recent edition) and such applicable manuals that would supplement or integrate advanced and proved hydraulic principles and basic assumptions. Open and closed drainage systems shall be designed to provide complete drainage for all elements within the development and shall include all appurtenances essential for the adequate performance thereof. The size of conduits shall be determined in accordance with slopes that produce a minimum velocity of three feet per second when flowing full.
(5)
A development grading plan indicating a contour interval suitable for the map scale shall be provided to show detailed comprehensive and efficient surface drainage for all lots within and immediately adjacent to the development.
C.
Structural. Catch basins, manholes, inlet structures and other appurtenances placed within the development shall conform to standards approved by the Town Board. The structural design of all drainage appurtenances shall be subject to approval by the Commissioner of Public Works or designee, and shall conform to standard specifications adopted by the Town Board.
(1)
Channels. The minimum center-line radius of constructed curved channels shall be at least three times the bottom width of the channel for subcritical flow. The minimum bottom width of constructed channels shall be four feet. The creation of excessive numbers of curves in open channels shall be avoided by reason of the increase in friction loss and the potential erosion due to spiral flow. Outer bank protection, especially at the downstream end of the curve and to a lesser degree on the inner bank at the beginning of the curve, may be required by the Commissioner of Public Works. Earth channels constructed within the development shall have side slopes of one to four or flatter, unless otherwise approved by the Commissioner of Public Works.
(2)
Enclosed conduits. Except for adequate natural watercourses, all storm drainage within the development which is capable of being transmitted in a thirty-six-inch-diameter pipe shall be carried in an enclosed conduit. This size may be varied, either increased or decreased, according to topographic conditions or an economic analysis of the cost of the conduit against an equivalent open channel, provided that the ultimate selection is in the public interest. The minimum conduit size shall be 12 inches in diameter. Manholes shall be provided at all changes in grade and direction. Spacing of manholes and minimum cover of conduits shall conform to the standard practice endorsed by the American Society of Civil Engineers. Inverted siphons shall not be permitted except for temporary structures.
§ 215-5 Correction of existing conditions.
All existing obstructions, dams, diversions, construction of any kind, deposits of debris, fill, sand or other solid material, including erosion, or other alterations or diversions of the natural flow of water or the intensity or water quantity of flow through, across or to any stream, ditch, culvert, watercourse or other drainage system which cause the inundation of real property, buildings or other premises or, in the opinion of the Commissioner of Public Works, constitute an undue burden upon the drainage system or hamper the proper present or future course of development of the drainage system or, in the opinion of the Commissioner of Public Works, presently constitute or in the reasonable foreseeable future will constitute a danger of hazard to the well-being, safety or general welfare of the residents of the Town or any property located therein or constitute, in the case of wild growth of natural vegetation or brush, an obstruction which may cause flooding, inundation or diversion of water upon other premises, shall be removed or corrected by the owners of the premises upon which said obstructions, dams, diversions, construction, deposits, erosion or other alterations of the natural flow are situated within 30 days after written notice to remove or correct the same by the Commissioner of Public Works; subject, however, to appeal by such owner to the Town Board within 10 days of such notice.
§ 215-6 Easements for drainage facilities.
A.
Easements for enclosed conduits and appurtenances. An easement not less than 20 feet in width, sufficient to contain the enclosed conduit and appurtenances thereof and to provide working space for personnel and equipment for the servicing thereof, shall be indicated on the map of the development and designated as follows: "Drainage Easement to Town of Brighton." Drainage easements for enclosed conduits shall, insofar as possible, be placed along or adjacent to lot boundary lines in a parallel and straight alignment.
B.
Easement for natural watercourses:
(1)
Natural primary watercourses which traverse a development shall be preserved by an easement of sufficient width, including overbanks, which will adequately pass the project design flow. The gross allowable depth of flow shall not create a flood hazard to existing or proposed development and improvements. The channel and overbank widths, together with a minimum twenty-foot continuous maintenanceway on each side, shall constitute the floodway encroachment limits with a minimum width of 100 feet. Wherever such natural watercourses are endowed with significant natural beauty and have adequate capacity or have been determined to have value for fish and wildlife, the developer may dedicate widths in addition to those required above on the map of the development with the following designation: "Easement to Town of Brighton."
(2)
In natural tertiary and secondary watercourses which contain insufficient waterway area to convey the flow from the ultimate development, but which may prove deficient only at infrequent intervals and locations, and where minor improvements could provide an adequate channel and still preserve, in the main, the natural channel beauty or fish and wildlife values, the developer shall make such minor channel improvements as are required to provide a channel which would otherwise meet the conditions of these regulations. However, the developer shall dedicate the full width required to contain the ultimate channel, together with a minimum twenty-foot-wide continuous maintenanceway on one side of the ultimate channel. When the water surface exceeds 20 feet in width, the continuous maintenanceway shall be 20 feet on each side. The outside of the continuous maintenanceway shall constitute encroachment limits. Additional widths of scenic areas and areas of natural wetlands, which for economic reasons or limited suitability would not warrant improving for urban development, may be dedicated by the developer in addition to those above. Areas offered for dedication to the Town as drainage easements, if considered of special interest to the Town by the Planning Board, may be considered by the Planning Board as dedication for municipal purposes for the purpose of § 278 of the Town Law and its authority thereunder.
[Amended 3-25-2009 by L.L. No. 1-2009]
(3)
Easement for constructed channels and appurtenances. Earth channels constructed within the development shall have sufficient easement dedicated to contain the top width of the channel, plus a minimum twenty-foot continuous maintenanceway on one side thereof for channels less than 20 feet in width at the water surface. A twenty-foot continuous maintenanceway shall be provided on both sides of the channel with a water surface width greater than 20 feet. The ultimate channel shall meet the flow requirements for the development of the tributary drainage area. The allowable depth of flow to pass the project design flow shall not create a flood hazard to existing and proposed developments and improvements. A minimum of one foot freeboard above the design hydraulic gradient shall be provided to contain the effects of flow transmission factors. The outside of the continuous maintenanceway shall constitute encroachment limits. The easements for constructed channels shall be indicated on the map of the development and designated as follows: "Drainage Easement to Town of Brighton."
§ 215-7 Detailed stormwater management plans.
The developer shall submit detailed drainage stormwater management plans with a report containing sufficient data for the Commissioner of Public Works to check the feasibility of the drainage system as proposed by the developer. The methodology shall adhere to the stipulations outlined herein and conform to the Irondequoit Watershed Collaborative Report's most recent requirements, N.Y.S. Department of Environmental Conservation's Standards and Specifications for Erosion and Sediment Control (most recent edition) and the N.Y.S. Stormwater Management Design Manual (most recent edition). The following data shall be included:
A.
Site characteristics:
(1)
A topographic survey showing existing and proposed contours, including area necessary to determine upstream and downstream analysis for the proposed drainage system.
(2)
A soils investigation, including, where appropriate, borings for construction of small ponds and infiltration practices.
(3)
A description of all watercourses, impoundments and wetlands on or adjacent to the site or into which stormwater flows.
(4)
Delineation of the one-hundred-year floodplain, if applicable.
C.
Hydraulic:
(1)
The plan and profile of all drainage systems.
(2)
The sizes and types of drainage improvements, including special structures, typical sections, easements, width and fencing.
(3)
When required, supporting calculations for upstream and downstream channel capacities as they affect water surface levels and backwater within the development. Such calculations shall be supported by such additional survey information as may be required to determine a profile and cross section of the upstream and downstream channel reaches of the development under consideration.
(4)
A detailed development grading plan prepared to suitable contour intervals with grading details to indicate proposed street grades and surface elevations at critical points throughout the development.
D.
Stormwater pollution prevention plan ("SWPPP"). Prior to final approval of any modification of the topography or surface qualities of any area greater than 20,000 square feet, an SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town, reviewed by the appropriate board and approved by the Town Engineer. This plan must be prepared in accordance with sound engineering practices by a qualified professional. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all construction phase and postconstruction phase stormwater pollution prevention and erosion and sediment control practices meets the requirements outlined in the Town's design criteria and the New York State Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town Engineer.
[Amended 12-12-2007 by L.L. No. 15-2007
(1)
Minimum requirements. The plan shall include but not necessarily be limited to the following:
(a)
Contact information that includes the name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the subject property or properties.
(b)
A one-inch-equals-fifty-feet topographic base map of the site which extends a minimum of 100 feet beyond the limits of the proposed development and indicates existing surface water drainage features, including receiving waters (name of the water, its classification and designation), streams, ponds, culverts, ditches, and wetlands; areas of disturbance; areas that will not be disturbed; locations of utilities, roads, soils types, forest cover, and resources protected under other chapters of this Code or by easements; and significant natural and man-made features not otherwise shown. The map shall also include the existing and proposed grading contours, waste areas, borrow areas, equipment and material storage areas and proposed concrete clean out basin(s) and construction entrance.
(c)
A sequence for construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. Consistent with the New York Standards and Specifications for Erosion and Sediment Control Manual, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP and a letter of permission from the NYSDEC.
(d)
Illustration of all necessary erosion and sediment control measures and the dimensions, material specifications and installation details for each in order to meet the objectives of this local regulation throughout all phases of construction and completion of development of the site. Depending on the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(e)
Identification of the parts or components of the SWPPP that require maintenance. Furthermore, it shall also provide a schedule of required maintenance and identify the party responsible for such work.
(f)
Identification of all temporary practices that will be converted to permanent control measures.
(g)
A description of the pollution prevention measures that will be used to control litter and prevent construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges; a description of construction and waste materials expected to be stored on-site with updates as appropriate; a description of controls that will be implemented to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater; and a description of spill prevention and response measures.
(h)
A description of the 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 disturbance to project closeout, including who will be responsible for the maintenance of said features at the site and what practices will be employed to ensure that adequate vegetative cover is established.
(i)
Assurance that all other applicable environmental permits have been acquired for the site prior to initial land disturbance. Copies of the applicable environmental permits and of the NYSDEC's acknowledgement letter for receipt of the applicant's notice of intent shall be provided to the Town Engineer.
(j)
Assurance that the applicant's licensed design engineer or other qualified professional shall be on site at all times when earthwork or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices and all other aspects of the SWPPP in accordance with local and federal requirements.
(k)
Assurance that all contractors and subcontractors involved in soil disturbance and/or stormwater management practice installation and maintenance shall be identified in the SWPPP. All such contractors and subcontractors shall sign a copy of the following certification statement before undertaking any construction activity at the site: “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP. I also understand that it is unlawful for any person to cause or contribute to a violation of the 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 must be included in the SWPPP.
(l)
The required plans may be referred to in the detailed construction plans.
(2)
Design requirements of the plan. Grading, erosion control practices, pollution prevention practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Town of Brighton's Design Standards; NYS Stormwater Management Design Manual; and NY Standards and Specifications for Erosion and Sediment Control; and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Town Engineer. If there is a conflict between any of the standards, the more stringent standard shall apply.
(3)
Modifications to the plan after approval.
(a)
Major amendments of the SWPPP shall be submitted to the Town Engineer and shall be approved or disapproved.
(b)
The applicant shall amend the SWPPP whenever:
[1]
Change in design; ineffective SWPPP.
[a]
There is significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP; or
[b]
The SWPPP proves to be ineffective in providing the proper stormwater pollution prevention and erosion and sediment control as required by this chapter.
[2]
Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP.
(c)
Amendments to the SWPPP may be reviewed by the Town. A copy of the newly amended SWPPP must be provided to the Town within five business days.
(d)
Field modifications of a minor nature may be authorized by the Town Engineer by written authorization to the applicant.
§ 215-8 Detailed construction plans.
A.
The final construction plans for drainage disposal within the development shall conform to the provisions of these regulations, subsequent amendments thereto and any particular conditions as required by the Commissioner of Public Works in approving the proposed plans and supporting data thereof. The construction plans for the drainage requirements shall be approved by the Commissioner of Public Works prior to the construction of any drainage facility within the development.
B.
The plans shall bear the certification of a licensed professional engineer as evidence of the professional responsibility for the drainage planning within the development and shall contain the following information:
(1)
A vicinity sketch and boundary line survey of the site on which the work is to be performed.
(2)
Location of any existing buildings, structures, utilities, sewers, water and storm drains and all easements on the site where the work is to be performed.
(3)
Location of any building or structure on lands of adjacent property owners within 50 feet of the site.
(4)
Spot elevations and existing and proposed contours, dimensioned extent of all work proposed to be done and existing shrub masses and trees with a diameter of two inches or more to be accurately located and labeled.
(5)
A certification of the volume of excavation and fill involved and the quality of fill.
(6)
Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures consistent with those measures recommended in the New York Standards and Specifications for Urban Erosion and Sedimentation Controls (most recent edition), location of approved fences around sedimentation basins, steep excavations or ponding areas and other protective devices to be constructed in connection with or as part of the proposed work, together with a map showing the drainage area of land tributary to the site and estimated cubic-foot-per-second runoff of the area served by any drain, computed in accordance with current Town Department of Public Works storm drainage criteria.
(7)
A timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence, stripping and/or clearing, rough grading and construction, final grading and vegetative establishment and maintenance and the time of exposure of each area prior to the completion of effective erosion and sediment control measures and any traffic or noise problems.
(8)
The depth to bedrock if determined during site evaluation.
(9)
The depth of the water table if determined during site evaluation.
(10)
A complete maintenance schedule for the recommended best management practices, including, but not limited to, drainage structures, channels, ponds and appurtenances.
(11)
Soil borings if determined during site evaluation.
(12)
A general description of the watershed.
(13)
Structural details of all components of the proposed drainage system and stormwater management facilities.
C.
All drainage construction shall be subject to inspection. Any field changes which affect the intent of these provisions shall have the prior approval of the Commissioner of Public Works. Developers shall complete and submit an environmental impact statement when required by law.
D.
In certain cases, the Commissioner of Public Works may waive the requirements for detailed construction plans and certification of plans by a licensed professional engineer on one- or two-lot parcels when the work proposed involves only minor modifications or alterations to the drainage system and when disturbance is less than 20,000 square feet. In the event that detailed plans are waived, the developer shall be required to submit construction plans containing sufficient data for the Commissioner of Public Works to check the feasibility and adequacy of the drainage system as proposed by the developer.
§ 215-9 Application for permits; standards governing issuance.
A.
Application for permit. A property owner(s) shall initiate a request for a permit or modification of a permit by filing an application with the Commissioner of Public Works. The application shall be accompanied by scale plans or drawings as described in §§ 215-7 and 215-8, in the amount of six complete copies, and the permit fee.
B.
Standards governing permits.
(1)
In granting any permit, the Commissioner of Public Works or designee may attach such conditions as may be deemed necessary to prevent danger to public or private property, prevent any denigration of water quality, or prevent any danger to any sewer, storm drain or watercourse, or to prevent the operation from being conducted in a manner hazardous to life or property or in any manner that will create a nuisance. Such conditions may include but are not limited to the erection or installation of walls, dams and structures; planting and vegetation; erosion and sediment control measures or devices; the furnishing of necessary easements; and a specified method and/or sequence of performing the work.
(2)
Major modifications of the approved permit shall be submitted to the Commissioner of Public Works or designee and reprocessed in the same manner as the original permit. Field modifications of a minor nature may be authorized by the Commissioner of Public Works, provided that the Commissioner of Public Works shall monitor and approve the drainage change in writing.
§ 215-10 Performance bond.
The Town of Brighton shall require from the developer a surety or cash bond, irrevocable letter of credit or other means of security acceptable to the Town of Brighton prior to the issuance of any building permit or grading permit for construction of a development requiring a stormwater management facility or drainage system. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility or drainage system inclusive of the SWPPP measures. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all the provisions of this chapter and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of completed work by the Commissioner of Public Works; submission of as-built plans and certification of completion by their design professional of the stormwater management facility or drainage system as being in compliance; and acceptance of the various stages of development as specifically delineated, described and scheduled on the required plans and specifications. The developer shall notify the Commissioner of Public Works upon completion of each stage that is ready for inspection.
§ 215-11 Inspections.
Any application for or acceptance of any permit issued or requested pursuant to Chapter 215 constitutes agreement and consent by the person making application or accepting the permit to allow staff and agents of the Town to enter upon the premises with valid consent to conduct inspections as required by Chapter 215. Refusal to allow the Town to conduct said inspections of the premises and the records related to such permit or required to be maintained by Chapter 215 shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Town deem it necessary, it may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.
A.
The Town Engineer or designated agent shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his or her agent shall be maintained at the site in the site logbook throughout the duration of construction. (Note: For those projects that require a NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity, a single site logbook should be maintained for both permits.)
(1)
The applicant shall notify the Town at least 48 hours before the following required inspections:
(2)
The above inspection timetable does not relieve the owner of the obligation under this or any other permit or regulation to conduct regular inspections as set forth in said permit and/or regulation.
(3)
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 earthwork shall be conducted on the site, except for site stabilization, until the violations are corrected and approved by the Town Engineer.
B.
Property owner/developer inspections. The applicant shall employ a licensed design engineer or other qualified professional who will oversee the implementation of the SWPPP on a daily basis. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the Town Engineer within five days after the month's end.
§ 215-12 Duration, maintenance and closeout.
A.
Duration.
(1)
For a project that requires a NYSDEC stormwater permit, the SWPPP approved by the Town shall be in effect until:
(2)
For projects that do not require a NYSDEC notice of termination, the SWPPP is in effect until a final inspection is conducted and the Town has issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate and maintain all stormwater pollution prevention and erosion and sediment control measures which are installed or used by the applicant to achieve compliance with the conditions of Chapter 215 and any permit issued hereunder. The land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
(2)
At the end of the construction season when soil disturbance activities will be finalized or suspended until the following spring, an applicant may request a reduction in the frequency of the required weekly site inspections to monthly inspections. In order to reduce inspection frequencies, the applicant must complete stabilization activities before proper installation is precluded by snow cover or frozen ground. If vegetation is used as a stabilization method, seeding, planting, and/or sodding must be scheduled to avoid fall frosts and to allow for proper germination/establishment. Installations and maintenance must be done according to the New York State Standards and Specifications for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities;
(2)
Inspect grading of all drainage structures and provide elevation as-builts to the Town;
(3)
Establish perennial vegetative cover to a density of 80% over all areas not paved;
(4)
Removal of all debris and temporary erosion and sediment control practices;
(5)
Provide a written certification by a registered professional engineer that the site has undergone final stabilization and that all temporary erosion and sediment controls, not needed for long-term erosion control, have been removed;
(6)
Complete any other work reasonably required by the Town Engineer.
D.
Maintenance of stormwater management facilities after project closeout.
[Added 12-12-2007 by L.L. No. 15-2007]
(1)
Maintenance easement. The applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the Town, or its contractor or agent, to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter and to, if necessary, implement emergency repairs to protect the health, safety and welfare of the public. The easement dimensions shall be as directed by the Town Engineer, and the easement agreement shall be recorded in the office of the County Clerk, with a copy provided to the Town Engineer.
(2)
Maintenance after construction closeout. 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 include, as a minimum, the following:
(a)
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.
(b)
Written procedures for operation and maintenance and training new maintenance personnel.
(c)
Discharges from the stormwater management practices shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with all applicable requirements of this chapter.
(3)
Maintenance agreements. The maintenance and proper operation of all privately owned stormwater management facilities, including nonstructural practices, shall be performed by the owner and ensured through the creation of a formal and enforceable maintenance agreement that must be approved by the Town Engineer and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. This agreement will include any and all maintenance easements required to access and inspect the stormwater management practices, and will outline the procedures and schedule to be followed to perform routine maintenance as necessary to ensure proper functioning of the stormwater management practice. In addition, the legally binding agreement shall identify the parties responsible for the proper maintenance of all stormwater treatment practices and include plans for periodic inspections by the owners, or their designated agent, to ensure proper performance of the facility. The Town Board, in lieu of a maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(4)
Requirements of maintenance agreements. All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs to ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be identified in writing, along with the schedule and methods to be employed to complete the maintenance. The maintenance repairs and restoration schedule are to be approved by the Town Engineer prior to commencing the work, and the Town Engineer or his/her designee shall inspect the facility upon completion of the work. The inspection and maintenance requirement may be increased by the Town Engineer as deemed necessary to ensure proper functioning of the stormwater management facility.
(5)
Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the Town Engineer during inspection of the facility and at other reasonable times upon request.
(6)
Maintenance guarantees for privately owned stormwater facilities. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the applicant or by a corporation that owns or manages a commercial or industrial facility, the applicant, 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 Town Engineer acknowledges compliance with all details of approved site plan. If the applicant 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, until the Town Engineer acknowledges compliance with all details of the approved site plan.
§ 215-13 Penalties for offenses.
A.
Any person, firm, corporation or entity found to be violating any provisions of this chapter shall be served with a written notice by the Commissioner of Public Works stating the nature of the violation and providing a thirty-day time for the satisfactory correction thereof, subject to appeal to the Town Board within 10 days.
B.
Any person, firm, corporation or entity who or which shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. Each week in which such conditions shall continue shall be deemed a separate violation.
C.
Any person, firm, corporation or entity violating any of the provisions of this chapter shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
D.
Suspension due to illicit discharges in emergency situations. The Town of Brighton Commissioner of Public Works may, without prior notice, suspend discharge access into the MS4 to a person when such a suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment; to the health or welfare of persons; to the storm drainage system, including but not limited to pipes, manholes, outfall structures and storm laterals; or the waters of the United States. If the violator fails to comply with a suspension order, the Town of Brighton Commissioner of Public Works or his/her designee may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize danger to persons.
[Added 12-12-2007 by L.L. No. 15-2007]
§ 215-14 Liability.
The approval of plans for proposed drainage systems and flood hazard prevention requirements shall not constitute a representation, guaranty or warranty of any kind or nature by the Town of Brighton or by an officer or employee thereof of the safety, operation, adequacy or intent of the proposed facilities and shall create no liability upon or cause for action against such public body, officer or employee for any damages that may result from construction pursuant thereto.