Cedarhurst City Zoning Code
ARTICLE XXII
Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control
[Added 1-7-2008 by L.L. No. 1-2008]
§ 265-146.1 Applicability.
All land development activities shall be subject to the following performance and design criteria.
§ 265-147 Technical standards.
A.
For the purpose of this article, 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).
B.
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:
(1)
http://www.dec.state.ny.us/website/dow/toolbox/escstandards/index.html
(2)
http://www.dec.state.ny.us/website/dow/toolbox/swmanual/
§ 265-148 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 § 265-147, and the SWPPP shall be prepared by a licensed professional.
§ 265-149 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.
§ 265-150 Maintenance, inspection and repair of stormwater facilities.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or his/her 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%.
(2)
For land development activities as defined in § 265-2 of this chapter and meeting Condition A, B or C in § 265-143, 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 log book.
§ 265-151 Maintenance easements.
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 Village of Cedarhurst 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 County Clerk after approval by the counsel for the Village of Cedarhurst.
§ 265-152 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.
C.
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 265-149.
§ 265-153 Maintenance agreements.
The Village of Cedarhurst 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[1] of this article entitled "Sample Stormwater Control Facility Maintenance Agreement." The Village of Cedarhurst, 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: Schedule B is included at the end of Ch. 209.
§ 265-154 Severability; when effective.
A.
Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of Articles XXI and XXII shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of Articles XXI and XXII.
B.
Effective date. Article XXI and XXII shall be effective upon filing with the office of the Secretary of State.
