Carmel City Zoning Code
Article
X Stormwater Control
§ 156-80 Definitions.
The terms used in this article or in documents prepared or reviewed under this article shall have the meanings as set forth in this section.
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed an application for a land development activity.
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for general public use.
The New York State Department of Environmental Conservation Design Manual, the New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
The following activities are considered exempt from review: agricultural activity as defined herein; silvicultural activity, except landing areas and log haul roads; 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; any part of a subdivision if a plat for the subdivision has been approved (subdivision plat has been signed) by the Planning Board of the Town of Carmel on or before December 17, 2008; land development activities for which a building permit has been approved on or before December 17, 2008; 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, vegetable and other plants primarily for use by that person and his or her family; landscaping and horticultural activities in connection with an existing structure.
Excavation or fill of material, including the resulting conditions thereof.
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than 5,000 square feet, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
[Amended 4-8-2015 by L.L. No. 1-2015]
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
A legally recorded document that acts as a property deed restriction and which provides for long term maintenance of stormwater management practices.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries; shellfish beds; swimming beaches; groundwater recharge areas; water supply reservoirs; habitats for threatened, endangered or special concern species.
A general permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of land. GP-0-15-002 or most recent version.
[Amended 4-8-2015 by L.L. No. 1-2015]
A general permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards. GP-0-10-0002 or most recent version.
[Amended 4-8-2015 by L.L. No. 1-2015]
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
The Town of Carmel Town Engineer or an employee or officer designated by the Town Board of the Town of Carmel to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the public storm drain.
§ 156-81 Stormwater pollution prevention plans.
A.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity, except exempt activities, shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.
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 off site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); site map should be at a scale no smaller than one inch equals 100 feet;
(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)
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent control measures;
(11)
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities for each part of the site;
(15)
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(16)
Any existing data that describes the stormwater runoff at the site.
C.
Land development activities, as defined in § 156-80 of this article, meeting Condition One, Two or Three below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection D below as applicable:
(1)
Condition One: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(2)
Condition Two: stormwater runoff from land development activities disturbing five or more acres.
(3)
Condition Three: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
D.
SWPPP requirements for Condition One, Two and Three of Subsection C are as follows:
(2)
Description of each postconstruction stormwater management practice;
(3)
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
(4)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
(6)
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
(8)
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on site stormwater management measures in accordance with § 156-85 hereinafter;
(10)
For Condition One, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this article.
E.
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.
F.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP who will be involved in soil and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2)
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.
(3)
The certification statement(s) shall become part of the SWPPP for the land development activity.
G.
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.
§ 156-82 Performance and design criteria for stormwater management and erosion and sediment control.
All land development activities shall be subject to the following performance and design criteria:
A.
Technical standards. 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 article:
(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"). The New York State technical guidance documents may be ordered from the Department. An order form as well as downloadable versions of the manuals are available on the Internet at: http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html and http://www.dec.state.ny.us/website/dow/toolbox/swmanual/.
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 § 156-82A, and the SWPPP shall be prepared by a licensed professional.
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 of New York.
§ 156-83 Administration, inspection, maintenance and repair of stormwater facilities.
A.
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 article. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
B.
For land development activities as defined in § 156-80 of this article, meeting Condition One, Two or Three in § 156-81C, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
C.
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.
D.
The Town of Carmel Stormwater Management Officer may require such inspections as necessary to determine compliance with this article 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 article and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Carmel enforcement official at least 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.
E.
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.
F.
The Town of Carmel Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
G.
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. The Town of Carmel Stormwater Management Officer may perform the inspections or may designate an inspector required to have a professional engineer (PE) license or certified professional in erosion and sediment control (CPESC) certificate to perform the inspection as long as the designated inspector is required to submit a written report.
H.
The Town of Carmel Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
I.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Carmel the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as required herein.
§ 156-84 Postconstruction operation and maintenance.
After construction, the owner or operator of permanent stormwater management practices installed in accordance with this article shall ensure they are operated and maintained to achieve the goals of this article. Proper operation and maintenance also includes 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 article.
B.
Written procedures for operation and maintenance and training new maintenance personnel.
§ 156-85 Maintenance agreements.
The Town of Carmel shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Putnam County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be in a form as contained hereinafter.[1] The Town of Carmel, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: A sample of said maintenance agreement is included at the end of this chapter.
§ 156-86 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 of Carmel to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the Putnam County Clerk after approval by the counsel for the Town of Carmel.
§ 156-87 Performance guarantees.
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 of Carmel in its approval of the stormwater pollution prevention plan, the Town of Carmel 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 of Carmel as the beneficiary. The security shall be in an amount to be determined by the Town of Carmel 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 of Carmel, 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 of Carmel. 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 of Carmel 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 of Carmel may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C.
Recordkeeping. The Town of Carmel may require entities subject to this article to maintain records demonstrating compliance with this article.
§ 156-88 Enforcement; penalties for offenses.
A.
Notice of violation. When the Town of Carmel determines that a land development activity is not being carried out in accordance with the requirements of this article, 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 article 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;
(6)
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
B.
Stop-work orders. The Town of Carmel may issue a stop-work order for violations of this article. 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 Carmel 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 article.
C.
Violations. Any land development activity that is commenced or is conducted contrary to this article may be restrained by injunction or otherwise abated in a manner provided by law.
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 article 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 article 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.
E.
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Stormwater Management Officer may prevent the occupancy of said building or land.
F.
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 of Carmel may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
§ 156-89 Fees for services.
The Town of Carmel may require any person undertaking land development activities regulated by this article to pay reasonable costs at prevailing rates for review of SWPPPs, inspections or SMP maintenance performed by the Town of Carmel or performed by a third party for the Town of Carmel.