Cortlandville City Zoning Code
ARTICLE XVI
Stormwater Management and Erosion and Sediment Control
§ 178-86 Short title.
This article shall be known as the "Stormwater Ordinance."
§ 178-87 Findings.
The Town of Cortlandville finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety, and welfare of the community. Specifically:
A.
Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices.
B.
Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
C.
Construction requiring land clearing and the alteration of natural topography tends to increase erosion leading to siltation of water bodies decreasing their capacity to hold and transport water, damaging public and private property, and harming flora and fauna.
D.
Stormwater runoff can carry pollutants into receiving water bodies, degrading the quality of groundwater and surface waters.
E.
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.
F.
Improper design and construction of drainage facilities can increase the velocity of runoff thereby increasing streambank erosion and sedimentation.
G.
Improper design and construction of stormwater management facilities can significantly increase the pollutant load to streams and to groundwater, threatening fish and wildlife, as well as public water supplies.
H.
Substantial economic losses can result from these adverse impacts on community waters.
§ 178-88 Purposes and objectives.
It is the purpose of this article to protect, maintain, and enhance both the immediate and the long-term health, safety, and general welfare of the citizens of the Town of Cortlandville, by regulating site preparation and construction activities so as to manage stormwater runoff and prevent problems related to erosion, sedimentation, flooding or drainage. In relation to this purpose this article has the following objectives:
A.
Prevent increases in the magnitude and frequency of stormwater runoff to prevent an increase in flood flows and in the hazards and costs associated with flooding.
B.
Prevent any net increase in stormwater runoff between predevelopment and postdevelopment conditions.
C.
Prevent decreases in groundwater recharge and stream base flow to maintain aquatic life, assimilative capacity, and potential water supplies.
D.
Control erosion and sedimentation to prevent its deposition in streams, drainage facilities, and other receiving water bodies.
E.
Facilitate the removal of pollutants in stormwater runoff to maintain groundwater quality and to perpetuate the natural biological functions of streams.
F.
To the extent practical, secure multiple community benefits such as groundwater replenishment, open space protection and increased recreational opportunity through integrated land use and stormwater management planning.
G.
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-02-01, or as amended or revised.
§ 178-89 Authority.
In accordance with Article 9 of the Town Law, the Town of Cortlandville has the authority to enact ordinances for the purpose of promoting the health, safety or general welfare of the Town of Cortlandville, including protection of the property of its inhabitants. By the same authority, the Town of Cortlandville may include in any such ordinance provisions for the appointment of any municipal officer or employees to effectuate and administer such ordinance. No provision in this article shall supersede more stringent guidelines already in existence.
§ 178-90 Jurisdiction and applicability.
A.
Upon approval of this article by the Town of Cortlandville, all site preparation and construction activities requiring approval under this article shall be in conformance with the provisions set forth herein.
B.
It has been established that land clearing, land grading, earth moving, paving or development activities can have a significant effect on the environment, therefore, no person, corporation, organization, or public agency shall, on or after the effective date of the article:
(1)
Initiate any land clearing, land grading, earth moving, paving, property subdivisions, or construction or development activities, where such activities otherwise require a special or conditional permit, or site plan review, without first preparing a stormwater pollution prevention plan (herein referred to as a SWPPP) and obtaining approval of said plan from the Town; or
(2)
Initiate any land clearing, land grading, earth moving, paving, subdivisions, or construction or development activities, where such activities require a permit under the New York State Pollution Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-02-01, or as amended or revised, without first preparing a SWPPP and obtaining approval of said plan from the Town; or
(3)
Alter any drainage system without first preparing a SWPPP and obtaining approval of said plan from the Town.
C.
Exemptions. The following activities, as described below, are exempt from the SWPPP requirements:
(1)
Development projects or subdivisions which result in less than one acre of land disturbance, and which result in an increase in impervious surface less than 10,000 square feet, and which result in a total impervious surface less than 35% of the total postdevelopment lot area.
(2)
Agricultural activities that are not part of a construction activity.
(3)
Subdivisions which result in the creation of less than four lots.
D.
All development projects that are required to prepare a SWPPP under this article must meet the performance standards for erosion and sediment control, as described under § 178-91C of this article.
E.
All development projects that are required to prepare a SWPPP under this article must meet the performance standards for water quality and water quantity management, as described under § 178-91D of this article, except:
(1)
Agricultural activities that must prepare a SWPPP under this article do not have to meet the performance standards for water quality and water quantity management.
(2)
Individual single-family homes do not have to meet the performance standards for water quality and water quantity management.
(3)
Residential subdivisions consisting of single-family homes, where the overall plan of development will result in a total land disturbance of less than five acres, do not have to meet the performance standards for water quality and water quantity management.
§ 178-91 Performance standards.
A.
SWPPPs shall be prepared in accordance with the minimum performance standards in order to achieve the purposes and objectives of this article.
B.
All SWPPPs shall comply with, or be consistent with:
(1)
Design Manual. 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)
Erosion Control Manual. 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).
C.
Performance standards for erosion and sediment control. An erosion and sediment control plan is a plan for controlling runoff and pollutants from a site during and after construction activities utilizing erosion and sediment controls. Erosion and sediment controls are temporary or permanent structural or nonstructural practices implemented during construction. The principal objectives are to reduce or eliminate erosion during construction, minimize water quality impacts to surface waters or groundwater, control runoff during and after construction, and maintain stormwater controls during and/or after completing construction.
(1)
Sediment control practices and measures, where necessary, should be designed to protect the natural character of rivers, streams or other water bodies on site and minimize erosion and sedimentation off site from the start of land disturbance activities to establishment of permanent stabilization.
(2)
Erosion and sediment control measures shall be constructed prior to beginning any other land disturbances. The devices shall be maintained and shall not be removed until the disturbed land areas are stabilized.
(3)
The smallest area of land practical, not exceeding two acres, shall be exposed by site preparation at any given time and that exposure will be kept to the shortest practical period of time.
(4)
Prior to, during, and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability, and adverse effects on neighboring property owners.
(5)
Sites should be seeded and mulched with erosion control materials such as straw mulch, jute mesh, or excelsior (wood shavings) within three days of final grading. If construction has been suspended, or sections completed, areas should be seeded immediately and stabilized with erosion control materials. Maintenance should be performed as necessary to ensure continued stabilization.
D.
Performance standards for water quality and water quantity management.
(1)
The performance standards required for this article shall be equivalent to the unified stormwater sizing criteria contained in Chapter 4 of the Design Manual and the performance criteria for water quality treatment contained in Chapter 6 of the Design Manual.
(2)
Certain types of projects in environmentally sensitive areas, such as primary or principal aquifer protection areas, may require a more stringent SWPPP.
§ 178-92 Contents of the stormwater pollution prevention plan (SWPPP).
A.
It is the responsibility of an applicant to prepare a SWPPP so that the Town can evaluate the environmental characteristics of the affected areas and evaluate the potential and predicted impacts of the proposed activity on the community's surface water and groundwater, existing and proposed infrastructure, neighboring properties, and the effectiveness and acceptability of those measures proposed by the applicant for reducing or mitigating adverse impacts.
B.
The SWPPP shall be consistent with the purposes and objectives of this article.
C.
The exact requirements of the SWPPP will depend upon the location, size, and scope of the proposed project. The SWPPP developed will be reviewed for attenuation of peak discharge, total runoff reduction, erosion/sediment control, and water quality protection.
D.
Preparation of the SWPPP shall follow guidance provided by NYSDEC, such as the Instruction Manual for Stormwater Construction Permit, (NYSDEC, July 2004), most current version or its successor.
E.
Content of erosion and sediment control plans. Erosion and sediment control plans required under § 178-90D of this article are equivalent to "basic" SWPPPs defined by NYSDEC, and must, at a minimum, include the following:
(1)
Background information about the scope of the project, including the location, type and size of project.
(2)
A 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 discharge(s).
(3)
A description of the soil(s) present at the site.
(4)
A 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 Guidelines for Urban Erosion and Sediment Control, there shall not be more than five acres of disturbed soil at any one time without prior written approval from the Department.
(5)
A description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges.
(6)
A 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)
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 clearing and grubbing to project closeout.
(8)
A site map/construction drawing(s) showing the specific location(s), size(s), and length(s) of each erosion and sediment control practice.
(9)
The dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basin.
(10)
Identification of temporary practices that will be converted to permanent control measures.
(11)
An implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place.
(12)
A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices.
(13)
The names(s) of the receiving water(s).
(14)
A delineation of implementation responsibilities for each part of the site.
(15)
A description of structural practices 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.
(16)
Any existing data that describes the stormwater runoff characteristics at the site.
F.
Content of water quality and water quantity management plans. Water quality and water quantity management plans required under § 178-90E of this article are equivalent to "full" SWPPPs defined by NYSDEC, and must, at a minimum, include the following:
(2)
A description of each postconstruction stormwater control practice.
(3)
A site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater control practice.
(4)
A hydrologic and hydraulic analysis for all structural components of the stormwater control system for the applicable design storms.
(5)
A comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(6)
The dimensions, material specifications and installation details for each postconstruction stormwater control practice.
(7)
A maintenance plan and schedule to ensure continuous and effective operation of each postconstruction stormwater control practice.
G.
The Town Planning Board may require additional public safety measures and controls in the design and maintenance of stormwater management facilities or erosion and sediment control practices.
H.
Additional information or data may be required by the Town as deemed appropriate.
I.
The Town may require that plans and design reports be sealed by a licensed professional engineer indicating that the plans have been designed in accordance with this stormwater management and erosion and sediment control article and the regulations, standards and criteria set forth herein.
J.
Fees shall be charged for the review of SWPPPs beyond those fees applicable to any other approvals to which a development project may be subject. Inspection fees shall be applicable when a project commences.
K.
Applicable fees shall be determined by the Town Board.
§ 178-93 Plan application and review process.
A.
The SWPPP shall be submitted to the Cortlandville Planning Board at least 10 working days prior to the date of any regularly scheduled Planning Board meeting at which the plan may be considered. The plan shall be submitted with a SWPPP checklist form completed by the submitter to certify the completeness of the plan. Incomplete plans will not be considered at the Planning Board meeting. A copy of an updated SWPPP checklist form can be acquired from the Cortlandville Town Clerk.
B.
The Town may require review of and comments on the plan by outside consultants or qualified professionals.
C.
The Town will review the plan as submitted and, because it is a preliminary action and not final, Town action shall be given as preliminary or conceptual approval, with modification, or disapproval. If preliminary approval, or approval with modification is given, submission of a final application shall be required wherein requested modifications shall be satisfied and final approval may be given.
D.
The Town Planning Board shall act to approve or disapprove the SWPPP within the time frames set forth for the other approvals to which the development project is subject under its jurisdiction, or within 60 days of the date upon which the plan is determined to be in compliance with this article.
E.
No SWPPP shall be approved without certification by the owner or developer that all work will be accomplished pursuant to the plan, and of the right of the Town and/or consultants to the Town to conduct on-site inspections before, during and at the conclusion of construction activities.
§ 178-94 Construction inspection.
A.
The Town may conduct such inspections as necessary to determine compliance with this article. The Town 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 approved SWPPP.
B.
Inspections may be performed by the Town Code Enforcement Officer, outside consultants under contract with the Town, and/or other qualified professionals under agreement with the Town to perform such inspections.
C.
At a minimum, the applicant shall notify the Town or designated inspector at least 48 hours before any of the following occurs:
D.
The Town may require other inspections, in addition to those identified under Subsection C of this section, for specific land development projects. In such cases, the Town shall provide the developer with a list and schedule for required inspections.
E.
If any violations are found during an inspection, 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 Town.
F.
The Town may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction.
G.
The applicant shall certify to the Town by the submission of as-built plans that the construction of stormwater management facilities and structures conform to the approved SWPPP.
H.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
I.
Submission of reports. The Town, or its agent, may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.
J.
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 a public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection H of this section.
K.
The Town may require that the stormwater system be tested to insure that the system operates as designed.
[Added 12-16-2009 by L.L. No. 3-2009]
§ 178-95 Maintenance and repair of stormwater facilities.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity 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)
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. Inspection reports shall be completed as required under GP-02-01.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article shall operate and maintain said practices to achieve the goals of this article. Proper operation and maintenance also includes as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article.
(2)
Written procedures for operation and maintenance and training new maintenance personnel.
D.
Maintenance agreements.
(1)
The Town of Cortlandville 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 article, entitled Sample Stormwater Control Facility Maintenance Agreement.[1] The Town of Cortlandville, 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 copy of the maintenance agreement is on file in the Town's offices.
(2)
The Town of Cortlandville shall determine whether stormwater management facilities are to be maintained by the developer/owner, a homeowner's association, or by the Town.
(a)
The developer or owner shall be responsible for maintenance of stormwater facilities for commercial and industrial developments unless a determination is made otherwise by the Town Board.
(b)
If maintenance is to be performed by a homeowner's association, the homeowner's association must be registered pursuant to § 352-e of the New York State General Business Law.
(c)
If maintenance is to be performed by the developer or property owner or homeowner's association, a maintenance plan containing a maintenance schedule shall be prepared by the developer, owner and/or homeowner's association for approval by the Town [see § 178-92F(7)]. Reports on maintenance activities, including any water quality data, as scheduled in the maintenance plan shall be submitted to the Town within 30 days of completion of the activity. The Town may request the services of an outside consultant, expert or specialist to review the report.
(d)
Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the Town shall give the owner or homeowner's association written notice of the nature of the existing defects. If the owner or homeowner's association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the Town, the Town may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to § 178-98 of this article or by the homeowner's association. In the event that the homeowner's association fails to pay for required corrective action, the Town shall have a lien placed on the real property of members of the homeowner's association until payment is made.
(3)
Stormwater management facilities may be dedicated to the Town of Cortlandville for purposes of maintenance by mutual consent and agreement of the developer/owner and the Town.
§ 178-96 Regional stormwater management facilities.
The Town of Cortlandville may allow residential stormwater runoff to be discharged into stormwater management facilities off the site of development to a regional stormwater management facility, if all of the following conditions are met:
A.
The regional drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this article.
B.
Adverse environmental impacts on the site of development will be minimized.
(1)
All plans must be consistent with downstream stormwater management facilities. If the plan cannot be consistent, then adequate provisions must be made for the sharing of construction and operating costs of regional facilities. The developer may be required to pay a portion of the cost of constructing the facilities as a condition to receiving approval of the SWPPP.
(2)
Use of regional off-site stormwater management facilities does not eliminate the requirement that the first flush be captured and treated on site pursuant to the performance standards if water quality is a concern.
(3)
A request to use regional stormwater management facilities and all information related to the proposed regional off-site facilities shall be made a part of the SWPPP.
(4)
The potential groundwater impairments from stormwater runoff shall not impact public or private water supply wells.
§ 178-97 Performance bond.
A.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the SWPPP, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
§ 178-98 Enforcement; penalties.
A.
Nuisance. Any development activity that is commenced without prior approval of a SWPPP or is conducted contrary to an approved SWPPP, as required by this article, may be restrained by injunction or otherwise abated in a manner provided by law.
B.
Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein or law, any person who violates the provisions of this article shall be punished by a fine of not less than $100 nor more than $1,000 per offense or by imprisonment for a period not to exceed 60 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
C.
Any violator may be required to restore land to mitigate the disturbance, in a manner similar to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
D.
Notice of violation. When the Town of Cortlandville determines that development activity is not being carried out in accordance with the requirements of this article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
(1)
The name and address of the owner or applicant.
(2)
The street 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 actions necessary to bring the development activity into compliance with this article and a time schedule for 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 Town of Cortlandville by filing a written notice of appeal within 20 days of service of notice of violation.
E.
The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal services of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.
F.
A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Town of Cortlandville.
§ 178-99 Appeals.
Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a SWPPP, issuance of a written notice of violation, or an alleged failure to properly enforce the article in regard to a specific application, shall have the right to appeal the action to the Town of Cortlandville. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under (state/local code provision).