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;

This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;

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

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

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

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

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

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and

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.

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-0-24-001 or as amended or revised;

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-0-25-001 or as amended or revised;

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;

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

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

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.

This chapter shall be applicable to all land development activities as defined in this chapter, § 215-6;

The municipality shall designate the Town Engineer as the 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, or (2) upon approval by the Town Board of the Town of Brighton 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. The applicant shall be responsible for any costs incurred by engaged engineering services at a cost not to exceed the established fee schedule. At the discretion of the Town, an escrow account or deposit may be required to be established prior to incurring engineering fees;

All land development activities subject to review and approval by the Town of Brighton Planning Board shall be reviewed subject to the standards contained in this chapter; and

All land development activities not subject to review as stated in § 215-4C 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 chapter.

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;

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer;

Cemetery graves;

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

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

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

Landscaping and horticultural activities in connection with an existing structure.

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;

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;

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;

No chemicals, fuels, lubricants, sewage or other pollutants shall be discharged into any streams, drainage or water supply systems;

Fill and refuse shall not be disposed of or deposited upon any wetland, floodplain or drainageway, except when otherwise permitted;

Man-made structures shall be placed so as not to block or restrict, in any manner, natural drainage patterns, except where otherwise permitted;

Where land excavation or filling has been permitted, provisions 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;

Ponds and stormwater wetlands shall be employed as required by the Town;

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;

In order to expedite surface drainage, a minimum grade of 0.5% shall be employed on all newly finished slopes, unless otherwise required;

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;

Drainage easements shall be identified by monuments, acceptable to the Town, set at an angle point and at such other locations which allow intervisibility;

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;

Stormwater discharges to critical areas with sensitive resources may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices, as determined by the Commissioner of Public Works;

Stormwater discharges from land uses or activities with higher potential pollutant loadings, know as "hotspots," may require the use of specific structural stormwater treatment practices and pollution prevention practices, as determined by the Commissioner of Public Works; and

Any of the above requirements may be waived by presentation of sufficient evidence as determined by the Commissioner of Public Works.

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;

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; and

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.

Prohibited discharges:

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;

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;

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;

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;

Dye testing and smoke testing are allowable discharges but require a verbal notification to the Town prior to the time of the test; and

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.

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 § 215-10, in the amount of six complete copies, and the permit fee.

Standards governing permits. 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.

Major modifications. 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.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity greater than 20,000 square feet shall be approved until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter and approved by the Stormwater Management Officer.

Contents of stormwater pollution prevention plans.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

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."

Performance and design criteria for stormwater management and erosion and sediment control.

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 § 215-10E(2) and the SWPPP shall be prepared by a licensed professional.

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 of New York.

The New York State Stormwater Management Design Manual calculations and sizing procedures shall be used for sizing all stormwater management practices, unless otherwise stated below.

All testing requirements for stormwater management practices are to be conducted as required by the New York State Stormwater Management Design Manual. Test data is to be included in the SWPPP report and test locations are to be shown on the design plans.

Rainfall data used for stormwater runoff calculations shall be obtained from the Northeast Regional Climate Center (NRCC) Extreme Precipitation Tables based on each project site location.

Stormwater runoff calculations shall be prepared for all site development that requires permitting in the Town of Brighton. A stormwater report shall be prepared and submitted to the Town for review and approval. The report shall contain an analysis and comparison of the pre-existing and post-developed conditions of the development site for a twenty-four-hour duration storm for the one-year, two-year, five-year, ten-year, twenty-five-year, and 100-year storm events. No development in the Town of Brighton shall create an increase in the post-development stormwater peak discharge for the one-year, two-year, five-year, ten-year, and twenty-five-year storm events as compared to the pre-existing conditions. All site development in the Town of Brighton shall be designed to provide a decrease in post-developed peak stormwater discharge for the 100-year storm event as compared to the peak stormwater discharge of the existing condition, twenty-five-year storm event.

All proposed stormwater piping shall be designed to adequately pass the flow of the twenty-four-hour, twenty-five-year storm event or greater.

In addition to the requirements of the New York State Stormwater Management Design Manual, all proposed stormwater channels shall be designed to adequately pass the flow of the twenty-four-hour, fifty-year storm event with a minimum of a 0.5 foot freeboard.

In addition to the requirements of the New York State Stormwater Management Design Manual, all proposed stormwater ponds shall be designed to provide enough storage to retain the required volume for a twenty-four-hour, 100-year storm event with a minimum of a one-foot freeboard from the top of the pond berm.

An existing conditions stormwater drainage map shall be prepared and coordinated with the stormwater calculations to indicate the existing stormwater conditions. The map shall be at a map scale of no less than one inch equals 50 feet and provide the following information: contributing drainage areas, surface coverage, existing contours with a one-foot contour interval, and time of concentration flow path.

A proposed conditions stormwater drainage map shall be prepared and coordinated with the stormwater calculations to indicate the proposed stormwater conditions. The map shall be at a map scale of no less than one inch equals 50 feet and provide the following information: contributing drainage areas, surface coverage, proposed contours with a one-foot contour interval, and time of concentration flow path.

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.

Profiles of the proposed storm drainage system are to be provided to the Town at a scale ratio of five horizontal: one vertical. Profiles are to show utility crossings and indicate separation distances proposed.

A cross-sectional plan shall be prepared to illustrate the stormwater system from the forebay, through the detention basin, and to the end of the pond outlet pipe as applicable. All stormwater pipes that cross through the detention pond shall include an anti-seep collar in the design.

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.

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.

Easement for natural watercourses:

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."

Maintenance and inspection during construction:

Storm drainage maintenance agreement(s). The Town of Brighton 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 "Storm Drainage Maintenance Agreement."[1]

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, 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.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 215-10G.

Erosion and sediment control inspection.

Stormwater management practice inspections. The Town of Brighton Stormwater Management Officer or appointed personnel are responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater and water quality facilities (after project completion):

Submission of annual stormwater facility reports. The Town of Brighton Stormwater Management Officer requires annual reporting from facility owners as outlined in the inspection of stormwater and water quality facilities section above.

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 of Brighton the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 215-15C.

Notice of violation. When the Town of Brighton 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:

Stop-work orders. The Town of Brighton may issue a stop-work order for violations of this chapter and/or upon identification of any activities or construction that the Commissioner of Public Works or their designee determine to have the potential to be a safety hazard to pedestrians, vehicles, or property. 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 of Brighton confirms that the land development activity is in compliance, no additional safety concerns exist, 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.

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 law.

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

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.

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.

Withholding of certificate of occupancy.