Uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety and welfare of the community.

Eroded soil endangers water resources by reducing water quality and causing the silting of streams, lakes and other water bodies, adversely affecting aquatic life.

Stormwater runoff and sediment transports pollutants such as heavy metals, hydrocarbons, nutrients and bacteria to water resources, degrading water quality.

Eroded soil necessitates repair and accelerates the maintenance needs of stormwater management facilities.

Clearing, grading and altering natural topography during construction tends to increase erosion.

Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing streambank erosion and sedimentation.

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.

Improperly managed stormwater runoff can increase the incidence of flooding and the severity of floods that occur, endangering property and human life.

Substantial economic losses can result from these adverse impacts.

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

Meet the requirements of minimum control Measures 4 (construction site stormwater runoff control) and 5 (postconstruction stormwater management) of the State Pollution Discharge Elimination System (SPDES) general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised.

Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation (SPDES) general permit for construction activities GP-02-01 or as amended or revised.

Minimize discharge of pollutants caused by stormwater runoff from land development activities draining to impaired waters.

Minimize increases in pollution caused by 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.

Encourage the use of green infrastructure practices to control stormwater runoff such as protecting natural areas, reducing impervious cover, maintaining natural hydrology, and using runoff reduction techniques to the maximum extent practicable.

Except as otherwise provided herein, no person shall commence or perform any land development activity as defined in § 270-79 herein without the review and approval of a stormwater pollution prevention plan (SWPPP) by the responsible board and/or the Stormwater Management Officer.

The municipality shall designate a 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, (2) upon approval by the Town Board of the Town of Glenville, 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, or (3) accept the certification of a licensed professional that the plans conform to the requirements of this law.

Applicants shall also obtain all other permits required by state, federal, and local laws. Whenever the particular circumstances of proposed land development activity require compliance with special use, site plan, or subdivision procedures of the Town of Glenville, the responsible board shall integrate the requirements prescribed herein as appropriate and determine the adequacy of the SWPPP.

All land development activities not subject to review as stated in Subsection C 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 law.

Redevelopment projects. Redevelopment projects, as defined herein, provide an opportunity to reduce pollutant discharges and the rate and the amount of runoff leaving the redevelopment site, as well as to improve the quality of the runoff. However, the nature of the site, particularly in an urban location, may impose constraints that prevent implementation of full postconstruction compliance. Chapter 9 of the New York State Stormwater Management Design Manual sets forth the standards for compliance with water quantity and quality standards and specifications.

Consideration shall be given to using alternative stormwater management practices such as rain gardens, pervious pavers, green roofs and other low-impact development techniques to reduce stormwater impacts.

No SWPPP is required for the following exempt activities:

No application for land development activity that will disturb one or more acres shall be approved until the responsible board, municipal official and/or department has received, reviewed and determined that a stormwater pollution prevention plan (SWPPP) has been prepared in accordance with the specifications contained herein.

Land development activity not subject to conditional use permit.

For land development activity subject to conditional use permit, site plan, or subdivision requirements, the responsible board shall incorporate the required SWPPP into the review process, allowing for public review and comment on the SWPPP. The responsible board, in consultation with the Town Stormwater Management Officer, or designated agent, shall determine that the SWPPP has been prepared in accordance with the specifications contained herein. For projects subject to subdivision requirements, preliminary plat approval shall not be granted until the Planning Board has received an SWPPP prepared in accordance with the specifications contained herein.

In its review of the plan, the responsible board or municipal official may consult with the Town-designated engineer, the Schenectady County Soil and Water Conservation District or the New York State Department of Environmental Conservation or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 270-82.9 herein.

All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual, as stipulated in § 270-82.3 of this Code. The SWPPP shall include the following:

Land development activities as defined in § 270-79 of this article and meeting Condition A, B, or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 270-81C below as applicable:

SWPPP requirements for Conditions A, B and C:

The SWPPP must clearly identify the contractor(s) and subcontractor(s) that will implement each stormwater and erosion control measure. All contractors and subcontractors identified in the SWPPP shall sign 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 SWPPP for the construction site identified in such SWPPP as a condition of authorization to discharge stormwater. I also understand that the operator must comply with the terms and conditions of the New York State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards."

The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

The certification statement(s) shall become part of the SWPPP for the land development activity.

Amendment of SWPPP.

Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP.

Significant amendments or changes to the SWPPP as outlined above in Subsection A(1) and (2) may be subject to review and approval in the same manner as § 270-80 herein.

Technical guides and standards.

An increase in turbidity that will cause a substantial visible contrast to natural conditions;

An increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best uses; or

Residue from oil and floating substances, nor visible oil film, or globules of grease.

Inspections required by SMO; notification of violations.

The operator shall have a licensed/certified professional conduct an assessment of the site prior to the commencement of construction and certify in an inspection report that the appropriate erosion and sediment controls described in the SWPPP have been adequately installed or implemented to ensure overall preparedness of the site. Following the commencement of construction, site inspections shall be conducted by a licensed/certified professional at least every seven calendar days and within 24 hours of the end of a storm event 0.5 inches or greater. The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. During each inspection, the licensed/certified professional shall record the following information:

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%.

A copy of the NOI and a brief description of the project shall be posted at the construction site in a prominent place for public viewing. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the beginning of construction activities to the date of final stabilization. The SWPPP and inspection reports are public documents that the operator must make available for inspection, review and copying by any person within five business days of the operator receiving a written request by such person to review the SWPPP and/or the inspection reports. Copying of documents will be done at the requester's expense.

The operator shall maintain a record of all inspection reports in a site logbook. The site logbook shall be maintained on site and be made available to the Town upon request. The operator shall post at the site, in a publicly accessible location, a summary of the site inspection activities on a monthly basis.

The Stormwater Management Officer, or designated agent, shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Subsection C above.

Inspections of stormwater management practices (SMPs). The Town Stormwater Management Officer or designated agent is responsible for conducting inspections of stormwater management practices (permanent water quantity/quality improvement structures). All operators are required to submit as-built plans certified by a licensed/certified professional for any permanent stormwater management practices located on site after final stabilization. (NOTE: "Final stabilization" means that all soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures [such as the use of mulches or geotextile mats] have been employed on all unpaved areas and areas not covered by permanent structures.) Operators shall also provide the owner(s) of such structure(s) with a manual describing the operation and maintenance practices that will be necessary in order for the structure to function as designed. The operator must also certify that the permanent structure(s) have been constructed as described in the SWPPP. This certification can be accomplished by providing to the Town a copy of the notice of termination (NOT) filed with the NYSDEC.

All certified as-built plans, lands, structures, and/or appurtenances to be dedicated to the Town shall be reviewed, inspected and approved by the Town Stormwater Management Officer or designated agent prior to Town acceptance.

Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the NYSDEC and file a copy with the Town to notify it that he or she has complied with § 270-82.6A and that the project is complete.

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:

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 facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

The Town of Glenville Stormwater Management Officer may require monitoring and reporting from entities subject to this article as are necessary to determine compliance with this article.

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 Glenville the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A.

The applicant or developer shall minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters using clean water only. Soaps, detergents and solvents shall not be used.

The applicant or developer shall minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater. Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants, or where exposure of a specific material or product poses little risk of stormwater contamination (such as final products and materials intended for outdoor use).

The applicant or developer shall prevent the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.

Where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within 14 days from the date the current soil disturbance activity ceased. If five acres or more have been disturbed at one time and soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures must be initiated by the end of the next business day and completed within seven days from the date the current soil disturbance activity ceased. The soil stabilization measures selected shall be in conformance with the Erosion Control Manual.

Construction completion guarantee. The applicant or developer may be required 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 Glenville as the beneficiary. The security shall be in an amount determined by the Town of Glenville 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 Glenville, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities 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. Perannum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

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 Glenville 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 of Glenville.

The Town of Glenville 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 Town of Glenville, 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.

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 Glenville 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 control facilities, the Town may, upon notification, draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

The responsible board or municipal official is hereby authorized to retain licensed/certified professionals as are determined to be necessary to carry out the review of an SWPPP or to make regular or final inspections of all control measures, lands, structures, and/or appurtenances to be dedicated to the Town in accordance with the approved plan.

Payment for the services of such professionals is to be made from funds deposited by the applicant with the Town in escrow accounts for such purposes, within 30 days of such professionals being retained by the Town.

It shall be the responsibility of the applicant to submit to the Town certified check(s) in amounts equal to the estimate of the licensed/certified professional for the cost of services to be rendered. The Town shall make payments to said professional for services rendered to it following receipt of funds from the applicant and after having been furnished with the professional's written report and invoice for said service.

Notice of violation. The operator and all contractors and subcontractors must comply with all conditions of an SWPPP submitted pursuant to this article. In the event that the Town determines that a land development activity is not being carried out in accordance with the requirements of this article, the Stormwater Management Officer may issue a written notice of violation to the operator/landowner, applicant and all contractors/subcontractors subject to the provisions of this article. The notice of violation shall contain:

Within 15 days of notification of violation (or as otherwise provided by the Town), the violator shall take the remedial measures necessary to bring the land development activity into compliance with this article.

Stop-work order. The Town Stormwater Management Officer or his designated agent may issue a stop-work order for violation of this article. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violation(s) identified in the stop-work order. The stop-work order shall be in effect until the Town 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, and/or monetary penalties in accordance with this article.

Penalties for offenses. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this article is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $250 for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of such restoration of the disturbed site resulting in said violation. In addition to the foregoing, to the extent that the noncompliance with this article constitutes a violation of the Clean Water Act and the Environmental Conservation Law, there may be substantial criminal, civil, and administrative penalties, depending upon the nature and degree of the offense.

Withholding certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article, the Town Stormwater Management Officer or his designated agent may prevent the occupancy of said building or land.