Homer Village City Zoning Code
ARTICLE XII
Stormwater Control
§ 228-77 General provisions.
A.
Findings of fact. It is hereby determined that:
(1)
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which may cause flooding, stream channel erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat and an increase in water temperature which are detrimental to fish and other desirable species;
(3)
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;
(6)
Substantial economic losses can result from the adverse impacts of stormwater runoff on the waters of the municipality;
(7)
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
(8)
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;
(9)
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development which is more compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development;
(10)
Climate change and the increased risk of severe storms with the capacity to increase stormwater runoff and soil erosion pose a significant threat to a community's sustainability and the safety of its citizens through potential increases in pollution of its waterways and damage to infrastructure, economic assets, and natural resources;
(11)
Definition of green infrastructure is an effective and desirable method to reduce impacts from stormwater runoff and should be implemented in order to restore natural hydrologic regimes, increase infiltration, slow runoff, and protect communities from the risks associated with stormwater runoff and soil erosion;
(12)
Stream buffers and vegetated floodplains treat stormwater, improve water quality, reduce floodwater velocity, and provide a right-of-way for flood events;
(13)
Fitting the development design to the terrain and avoiding steep slopes, floodplains, and wetlands helps to preserve the natural hydrology and drainageways of a site; reduces the need for grading and land disturbance, and provides a framework for site design and layout.
B.
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Village of Homer and to address the findings of fact in Subsection A hereof, and seeks to meet those purposes by achieving the following objectives:
(1)
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion, and maintain the integrity of stream channels;
(2)
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
(3)
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;
(4)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure these management practices are properly maintained and eliminate threats to public safety;
(5)
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;
(6)
Adapt to current and projected climate change impacts, decrease risk of storm-related flooding, and increase resilience to severe storm surge; and
(7)
Reduce the impact on the environment, protect water quality, reduce the potential for erosion and protect sensitive habitats by locating development away from floodplains, ecologically sensitive areas, and permeable soils, and limiting the amount of clearing and grading.
C.
Statutory authority. In accordance with Article 2, Section 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees of the Village of Homer has the authority to enact local laws and amend local laws not inconsistent with the provisions of the Constitution or not inconsistent with any general law relating to its property, affairs or government, for the purpose of promoting the health, safety or general welfare of the Village of Homer and for the protection and enhancement of its physical environment. The Village Board of Trustees of the Village of Homer may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
D.
Applicability.
(1)
This article shall be applicable to all land development activities as defined in § 228-78A, "land development activity."
(2)
The Village of Homer shall designate the Code Enforcement Officer (CEO) as the stormwater management officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The stormwater management officer may 1) review the plans, 2) upon approval by the Village Board of Trustees of the Village of Homer, 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.
(3)
All land development activities subject to review and approval by the Village of Homer Planning Board under site plan and/or special permit regulations shall be reviewed subject to the standards contained in this article.
(4)
All land development activities 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.
E.
Exemptions. The following activities may be exempt from review under this article.
(1)
Agricultural activity.
(2)
Exempt silvicultural activity.
(3)
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
(4)
Repairs to any stormwater management practice or facility deemed necessary by the stormwater management officer.
(5)
Roadway and utility maintenance activities performed by a public entity.
(6)
Cemetery graves.
(7)
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
(8)
Emergency activity immediately necessary to protect life, property or natural resources.
(9)
Landscaping and horticultural activities in connection with an existing structure.
§ 228-78 Erosion and sediment control and stormwater management.
A.
Definitions. The terms used in this article or in documents prepared or reviewed under this article shall have the meaning as set forth in this section.
AGRICULTURAL ACTIVITY
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, the construction of a barn or other agricultural building, silo, stockyard or pen, or structural practices identified in Table II in the Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
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.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
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.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the "New York State Standards and Specifications for Erosion and Sediment Control Manual."
FLOODPLAIN
Land area adjacent to a river, stream, lake, estuary, or other water body that is subject to flooding. This area, if left undisturbed, acts to store excess floodwater.
FLOODPLAIN, 100-YEAR
The area adjoining a river, stream, or watercourse covered by water in the event of a 100-year flood. The 100-year flooding event is the flood having a 1% chance of being equaled or exceeded in magnitude in any given year.
FLOODPLAIN, 500-YEAR
The area adjoining a river, stream, or watercourse covered by water in the event of a 500-year flood. The 500-year flooding event is the flood having a 0.2% chance of being equaled or exceeded in magnitude in any given year.
FLOODWAY
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
GREEN INFRASTRUCTURE
Green infrastructure approaches infiltrate, evapotranspire or reuse stormwater, using soils and vegetation rather than hardscape collection, conveyance and storage structures. Common green infrastructure approaches include green roofs, trees and tree boxes, rain gardens, vegetated swales, pocket wetlands, infiltration planters, vegetated median strips, reforestation, and protection and enhancement of riparian buffers and floodplains.
HYDROLOGIC SOIL GROUP (HSG)
A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, regulated silvicultural activity, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than 10,000 square feet, or activities disturbing less than 10,000 square feet of total land area that are part of a larger common plan of development or sale, and will occur under one plan.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
MEAN HIGH WATER MARK
The average annual high water level.
NONPOINT SOURCE POLLUTION
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.
ORDINARY HIGH WATER MARK
That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
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.
PROJECT
Land development activity.
QUALIFIED INSPECTOR
A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified professional in erosion and sediment control (CPESC), or registered landscape architect. It can also mean someone working the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has received Department-endorsed training in the principles and practices of erosion and sediment control.
RECHARGE
The replenishment of underground water reserves.
RIPARIAN
Belonging or related to the bank of a water body, including rivers, streams, wetlands, lakes, ponds, or impoundments.
RIPARIAN BUFFER
A vegetated area, including trees, shrubs, and herbaceous vegetation, adjacent to a water body.
RUNOFF REDUCTION VOLUME (RRV)
Reduction of the total water quality volume (WQv) by application of runoff reduction techniques and standard stormwater management practices (SMPs) with RRv capacity to replicate predevelopment hydrology.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, wetlands, habitats for threatened, endangered or special concern species, highly erodible soils and/or soils with slopes greater than 15%, 100- and 500-year floodplains, unique geological features and mature forests.
SILVICULTURAL ACTIVITY
Activities related to the dedicated and cyclic use of land for the periodic production of timber that has a potential to cause soil disturbance.
SILVICULTURAL ACTIVITY - REGULATED
Activities related to the dedicated and cyclic use of land for the periodic production of timber that have the potential to cause soil disturbance, including harvesting operations such as felling, skidding, and clear-cutting; surface drainage; harvest-related road construction and maintenance; site preparation for forest regeneration; or the processing, sorting, or storing of harvested timber which has been transported from one or more active harvesting sites. Tree removal in preparation for development or other conversion to a nonforestry use is not silviculture.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
A 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, most current version.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOT SPOT
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.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer appointed or designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
TEMPORARILY CEASED
That an existing disturbed area will not be disturbed again within 14 calendar days of the previous soil disturbance.
TRAINED CONTRACTOR
An employee from the contracting (construction) company that will be responsible for implementing the SWPPP, who has received four hours of Department-endorsed training in proper erosion and sediment control principles. After receiving the initial training, the trained contractor shall receive four hours of training every three years. It can also mean an employee from the contracting (construction) company that meets the qualified inspector qualifications.
WATER QUALITY VOLUME (WQV)
The storage needed to capture and treat 90% of the average annual stormwater runoff volume.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND
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," and is regulated by federal, state or local laws.
B.
Stormwater pollution prevention plans.
(1)
General stormwater pollution prevention plan requirements.
(a)
No application for approval of a land development activity shall be reviewed until the Code Enforcement Officer has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.
(b)
The applicant or developer must keep the SWPPP current so that it at all times accurately documents the erosion and sediment controls practices that are being used or will be used during construction, and all post-construction stormwater management practices that will be constructed on the site. At a minimum, the applicant or developer shall amend the SWPPP:
[1]
Whenever the current provisions prove to be ineffective in minimizing pollutants in stormwater discharges from the site;
[2]
Whenever there is a change in design, construction, or operation at the construction site that has or could have an effect on the discharge of pollutants; and
[3]
To address issues or deficiencies identified during an inspection by the qualified inspector, the NYSDEC or other regulatory authority.
(2)
Contents of stormwater pollution prevention plans.
(a)
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) and classification information if available; 100-year floodplain and floodway boundaries; wetlands and drainage patterns that could be affected by the construction activity; existing and final contours; location of different soil types with boundaries; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); and construction staging areas. To the extent practicable construction staging areas should be limited to previously disturbed areas or areas with compacted or poorly infiltrating soils;
[3]
The site map shall also identify sensitive areas including slopes greater than 15%; 500-year floodplains; unique geological features; locations of significant natural communities including endangered, threatened or rare plant and animal species; mature forests; and a tree conservation plan identifying all existing trees 12 inches diameter at breast height (dbh) or greater and identifying the extent of tree clearing and preservation measures;
[4]
Description of the soil(s) present at the site, including an identification of the hydrologic soil group (HSG) and soil erosion factor;
[5]
Construction phasing plan and sequence of operations describing the intended order 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.
[6]
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;
[7]
Description of the minimum erosion and sediment control practices to be installed or implemented for each construction activity that will result in soil disturbance. Include a schedule that identifies the timing of initial placement or implementation of each erosion and sediment control practice and the minimum time frames that each practice should remain in place or be implemented;
[8]
Temporary and permanent soil stabilization plan that meets the requirements of the most current version of the Erosion Control Manual for each stage of the project, including initial land clearing and grubbing to project completion and achievement of final stabilization;
[9]
A site map/construction drawing(s) showing the specific location(s), size(s) and length(s) of each erosion and sediment control practice;
[10]
Dimensions, material specifications, installation details and operation and maintenance requirements for all erosion and sediment control practices. Include the location and sizing of any temporary sediment basins and structural practices that will be used to divert flows from exposed soils;
[11]
Maintenance inspection schedule for the contractor(s) that will be responsible for installing, constructing, repairing, inspecting and maintaining the erosion and sediment control practices in the SWPPP to ensure continuous and effective operation of the practices. The maintenance inspection schedule shall be in accordance with the most current version of the Erosion Control Manual;
[12]
Description and location of any stormwater discharges associated with industrial activity at the site;
[13]
Identification of any elements of the design that are not in conformance with design criteria in the most current version of the Erosion Control Manual. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard; and
[14]
If one acre or more will be disturbed at any one time, the SWPPP must include a phasing plan that defines maximum disturbed area per phase and shows required cuts and fills.
(b)
Land development activities as defined in § 228-78A that disturb 10,000 square feet of land and are listed in Subsection B(2)(b)[1] through [22] below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) designed in accordance with the most current version of the New York State Stormwater Management Design Manual:
[1]
Single-family residential subdivisions that involve soil disturbances equal to or greater than one acre with greater than 40% total impervious cover at total site build-out;
[2]
Single-family residential subdivisions that involve soil disturbances of one or more acres of land, and single-family residential subdivisions that involve soil disturbances of less than one acres that are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land;
[3]
Multifamily residential developments, including townhomes, condominiums, senior housing complexes, apartment complexes, and mobile home parks;
[4]
Amusement parks;
[5]
Campgrounds;
[6]
Cemeteries that include the construction or reconstruction of impervious area that is greater than 5% of the disturbed area, or alter the hydrology from pre- to post-development conditions;
[7]
Commercial developments;
[8]
Churches and other places of worship;
[9]
Construction of a barn or other agricultural building (e.g., silo) and structural practices as identified in Table II in the Agricultural Management Practices Catalog for Nonpoint Source Pollution in New York State that include the construction or reconstruction of impervious area.
[10]
Golf courses;
[11]
Institutional facilities, including hospitals, prisons, schools and colleges;
[12]
Industrial facilities, including industrial parks;
[13]
Municipal facilities; including highway garages, solid waste transfer stations, office buildings, sewage treatment plants and water treatment plants;
[14]
Office complexes;
[15]
Sports complexes;
[16]
Racetracks, including racetracks with earthen (dirt) surface;
[17]
Road construction or reconstruction;
[18]
Parking lot construction or reconstruction;
[19]
Athletic fields (natural grass) that include the construction or reconstruction of impervious area (greater than 5% of disturbed area) or alter the hydrology from predevelopment to post-development conditions;
[20]
Athletic fields with artificial turf;
[21]
Permanent access roads or parking areas surfaced with impervious cover, and substations constructed as part of an overhead electric transmission line project, wind power project or cell tower project; and
[22]
All other construction activities, not listed above, that include the construction or reconstruction of impervious area and alter the hydrology from predevelopment to post-development conditions.
(c)
Requirements for SWPPPs that include post-construction stormwater controls:
[1]
All information in § 228-78B(2)(a) of this article;
[2]
Documentation that the stormwater management planning process using green infrastructure has been followed as required in the Design Manual using the stormwater management practices in Schedules A1, A2 and A3. The planning process steps are as follows:
[a]
Prepare an initial site plan and conceptual design that preserves natural features and reduces impervious cover by incorporating green infrastructure practices listed in Schedule A1 as appropriate to achieve runoff reduction goals and using the evaluation process in the Design Manual;
[b]
Determine the water quality volume (WQv) using the sizing criteria in the Design Manual;
[c]
Apply runoff reduction techniques to reduce total WQv using the green infrastructure practices in Schedule A2 and standard stormwater management practices with runoff reduction capacity as described in Schedule A3 and using the sizing and performance criteria in the Design Manual;
[d]
Determine the minimum runoff reduction volume (RRv) needed using the sizing criteria in the Design Manual;
[e]
Apply standard stormwater management practices in Schedule A3 to address remaining WQv using the sizing and performance criteria in the Design Manual; and
[f]
Apply volume and peak rate control practices only if still needed to meet the requirements in the Design Manual.
[3]
Description of each post-construction stormwater management practice to be constructed as part of the project. Include the dimensions, material specifications and installation details for each post-construction stormwater management practice;
[4]
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
[5]
Stormwater modeling and analysis report that includes:
[a]
Map(s) showing predevelopment conditions, including watershed/subcatchments boundaries, flow paths/routing, and design points;
[b]
Map(s) showing post-development conditions, including watershed/subcatchments boundaries, flow paths/routing, design points and post-construction stormwater management practices;
[c]
Results of stormwater modeling (i.e., hydrology and hydraulic analysis) for the required storm events. Include supporting calculations (model runs), methodology, and a summary table that compares pre- and post-development runoff rates and volume for the different storm events;
[d]
Summary table, with supporting calculations, which demonstrates that each post-construction stormwater management practice has been designed in conformance with the sizing criteria included in the Design Manual;
[e]
Identification of any sizing criteria that is not required based on the requirements in the SPDES general permit for stormwater discharges from construction activities; and
[f]
Identification of any elements of the design that are not in conformance with the performance criteria in the Design Manual. Include the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation of alternative design is equivalent to the Design Manual;
[6]
Soil testing results and locations (test pits, borings);
[7]
Infiltration test results, as required in the Design Manual for green infrastructure and stormwater management practices that involve infiltration;
[8]
Operations and maintenance plan that includes inspection and maintenance schedules and actions to ensure continuous and effective operation of each post-construction stormwater management practice. The plan shall identify the entity that will be responsible for the long-term operation and maintenance of each SMP.
[9]
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.
[10]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 228-78C of this article.
[11]
All SWPPPs that include post-construction controls shall be prepared by a registered landscape architect, professional engineer licensed in the State of New York, or other individual endorsed by the Department that is knowledgeable in the principles and practices of stormwater management and treatment 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.
[12]
If amendments or modifications are made to the post-construction controls listed in this section after the SWPPP is approved, the applicant or developer shall notify the stormwater management officer in writing. The SWPPP amendments or modifications must be reviewed and accepted by the stormwater management officer prior to commencing construction of the post-construction stormwater management practice.
(3)
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.
(4)
Contractor certification.
(a)
Each contractor and subcontractor identified by the applicant or developer as being responsible for installing, construction, repairing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP and the post-construction 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 and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b)
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.
(c)
The certification statement(s) shall become part of the SWPPP for the land development activity.
(5)
Document retention. A copy of the SWPPP and all documentation necessary to demonstrate compliance with this article shall be retained at the site of the land development activity from the date of initiation of construction activities until all disturbed areas have achieved final stabilization. The documents must be maintained in a secure location, such as a job trailer, on-site construction office, or mailbox with lock. The secure location must be accessible during normal business hours to an individual performing a compliance inspection.
C.
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:
(1)
Technical standards. 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.
(a)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, referred to as the Design Manual).
[1]
Stormwater management practices must be selected, designed, installed and maintained to meet the performance criteria in the most current version of the Design Manual.
[2]
Stormwater management practices must be designed to meet the applicable sizing criteria in the most current version of the Design Manual.
(b)
New York State Standards and Specifications for Erosion and Sediment Control, (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Erosion Control Manual). (NOTE: The New York State technical guidance documents may be ordered from the New York State Department of Environmental Conservation. An order form as well as downloadable versions of the Manuals are available at: http://www.dec.ny.gov/chemical/8694.html.)
(2)
Equivalence to technical standards.
(a)
Where erosion and sediment control measures are not designed in conformance with the design criteria included in the Erosion Control Manual, the applicant or developer must include in the SWPPP the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards set forth in § 228-78B(1).
(b)
Where post-construction stormwater management practices are not designed in conformance with the performance criteria in the Design Manual, the applicant or developer must include in the SWPPP the reason(s) for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standard.
(3)
Performance standards.
(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.
(b)
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.
(c)
The applicant or developer shall prevent the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
(d)
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 one 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.
D.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance during construction. 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)
Inspection of land development activities during construction.
(a)
The applicant or developer shall have a trained contractor inspect all erosion and sediment control practices and pollution prevention measures being implemented within the active work area of the land development activity daily to ensure they are being maintained in effective operating condition at all times. If deficiencies are identified, the contractor shall begin implementing corrective actions within one business day and shall complete the corrective actions within a reasonable time frame.
(b)
For all land development activities except for those listed in Subsection D(2)(c), the applicant shall have a qualified inspector conduct site inspections and document the effectiveness of all erosion and sediment control practices at least once every seven calendar days. Inspection reports shall be maintained in a site log book.
(c)
The following activities are subject to the requirements in Subsection D(2)(a) but are exempt from the requirements in Subsection D(2)(b):
[1]
Construction on agricultural property that involves soil disturbance of one or more but less than five acres of land.
[2]
Construction of a single-family subdivision with 25% or less impervious cover at total site build-out that involves soil disturbance of 10,000 square feet or more but less than one acre of land.
[3]
Construction of a single-family home that involves soil disturbance of 10,000 square feet or more but less than one acre of land.
(d)
Land development activities where the applicant or developer has received authorization from the DEC to disturb one acre or more at any one time shall be inspected by a qualified inspector twice every seven days.
(3)
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 for periodic inspection by the Village of Homer 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 Homer.
(4)
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.
(5)
Maintenance agreements. The Village of Homer 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. The Village of Homer, 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.
§ 228-79 Administration and enforcement.
A.
Construction inspection.
(1)
Erosion and sediment control inspection. The Village of Homer Code Enforcement Officer (CEO) may perform inspections as necessary to determine compliance with this article. If deficiencies or violations are found, the CEO shall notify the applicant and/or developer in writing of the nature of the deficiency or violation and any required corrective actions. No further work shall be conducted except for site stabilization until the deficiencies or violations are corrected and all work previously completed has received approval by the CEO. The applicant and/or developer shall grant to the Village of Homer the right to enter the property for the purpose of inspecting the land development activity and erosion and sediment controls being used.
(2)
Stormwater management practice inspections. The Village of Homer Code Enforcement 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.
(3)
Inspection of stormwater facilities after project completion. Inspection programs shall be established to ensure compliance with state or federal water quality standards and 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.
(4)
Submission of reports. The Village of Homer CEO may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law.
(5)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Village of Homer the right to enter the property for the purpose of inspection as specified in § 192-3A(3).
B.
Performance guarantee.
(1)
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 Village of Homer in its approval of the stormwater pollution prevention plan, the Village of Homer 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 Village of Homer as the beneficiary. The security shall be in an amount to be determined by the Village of Homer 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 Village of Homer, 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 Village of Homer. Per-annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
(2)
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 Village of Homer 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 Village of Homer may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
(3)
Recordkeeping. The Village of Homer may require entities subject to this article to maintain records demonstrating compliance with this article.
C.
Enforcement and penalties.
(1)
Notice of violation. When the Village of Homer 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:
(a)
The name and address of the landowner, developer or applicant;
(b)
The address when available or a description of the building, structure or land upon which the violation is occurring;
(c)
A statement specifying the nature of the violation;
(d)
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;
(e)
A statement of the penalty or penalties that shall or may be assessed against the entity to whom the notice of violation is directed;
(f)
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.
(2)
Stop-work orders. The Village of Homer may issue a stop-work order for violations of this law. 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 Village of Homer 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.
(3)
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.
(4)
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law 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.
(5)
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this article the CEO may prevent the occupancy of said building or land.
(6)
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 Village of Homer may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
D.
Fees for services. The Village of Homer 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 Village of Homer or performed by a third party for the Village of Homer.