Lake George Village
City Zoning Code
City Zoning Code
ARTICLE IX
Stormwater Management Regulations
[Amended 6-20-2011 by L.L.No. 3-2011; 4-17-2017 by L.L. No. 7-2017]
§ 220-54 Introduction.
The Village finds that uncontrolled drainage and runoff associated with land development activities has a significant impact upon the health, safety and welfare of the community for the following reasons:
A.
Stormwater can carry pollutants into receiving water bodies and degrade water quality.
B.
The increase in nutrients in stormwater runoff accelerates eutrophication of receiving waters.
C.
Improper design and construction of drainage facilities can increase the velocity of runoff, thereby increasing stream bank erosion.
D.
Construction requiring land clearing and the alteration of natural topography tends to increase erosion.
E.
Siltation of water bodies resulting from increased erosion decreases the capacity of the water bodies to hold and transport water, interferes with navigation, and harms flora and fauna.
F.
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.
G.
Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life.
H.
Substantial economic loss can result from these adverse impacts on the waters of the Village.
I.
Many problems can be avoided if sound stormwater runoff management practices are in effect.
§ 220-55 Purposes and objectives.
The purpose of this article is to protect and safeguard the general health, safety, welfare of the public residing in or visiting the Village by preserving and protecting the quality of the ground and surface waters by the following means:
A.
Prevent any increase in stormwater runoff from any development in order to reduce flooding, siltation and stream bank erosion.
B.
Prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries and render it unfit for human consumption, interfere with water-based recreation or adversely affect aquatic life.
C.
Prevent any increase in total annual volume of surface water runoff which flows from any specific site during and following development above that which prevailed prior to development.
D.
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Storm Water Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised.
E.
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.
F.
Require the maintenance of any existing stormwater management or stormwater control measures such as culverts, swales, dry wells, pits and trenches, or other similar devices, measures and improvements, and to prohibit any person from damming, rerouting, filling or alteration of any existing watercourse in the Village.
[Added 8-15-2022 by L.L. No. 4-2022]
§ 220-56 Jurisdiction.
These regulations apply to all building, construction, land clearing and subdivision of land within the Village both public and private, except development which is entirely exempt. Required permits and approvals may be incorporated into the site plan approvals issued under this chapter.
§ 220-57 Prohibitions.
Except for exempt activities, no person shall build, construct, erect, expand or enlarge any building or structure, or place or construct any impervious surface such as pavement, blacktop, macadam, packed earth or crushed stone without first receiving a stormwater management permit from the Village.
A.
No person shall create a subdivision of land subject to approval by the Village unless first receiving a stormwater management permit for all buildings, structures, and impervious surfaces proposed to be created, except for persons engaged in activities for which required municipal permits and approvals were issued prior to the effective date of this chapter.
B.
No person or owner of real property shall maintain a condition which, due to a human disturbance of land, vegetative cover or soil, may result in the erosion of soil from the site or into any water body. The Village shall notify a property owner of such condition on his property and shall afford a reasonable time period to correct any such condition before a violation shall be deemed to exist.
[Amended 8-15-2022 by L.L. No. 4-2022]
C.
Except for exempt activities, no person shall cause or create a land disturbance greater than 5,000 square feet without first having received a permit under this chapter.
[Amended 8-15-2022 by L.L. No. 4-2022]
D.
No person shall fail to comply with any provision or requirement of any permit issued pursuant to this chapter.
E.
No person shall create a condition of flooding, erosion, siltation or ponding resulting from failure to maintain previously approved stormwater control measure where such condition is injurious to the health, welfare or safety of individuals residing in the Lake George Park or injurious to any land within the Lake George Park. The Village shall notify a property owner of such condition on his property and prescribe measures necessary to reestablish effective performance of the approved stormwater control measures. The Village shall afford such property owner a reasonable time period in which to correct any such condition before a violation is deemed to exist.
F.
No person shall build, alter or modify a stormwater control measure without first receiving a permit from the Village. Such building, alteration and/or modification does not include the ordinary maintenance, cleaning and/or repair of stormwater control measures.
G.
No person shall fail to maintain any existing stormwater management or stormwater control measures such as culverts, swales, dry wells, pits and trenches, or other similar devices, measures, or improvements, and no person shall cause, permit or fail to correct any dam, rerouting, filling or alteration to any existing watercourse located in the Village regardless of size, flow or intermittency of flowage.
[Added 8-15-2022 by L.L. No. 4-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsection G as Subsection I.
H.
No person shall apply or authorize the application of lawn fertilizers within 50 feet of any water body, except for newly established lawns during their first growing season or situations in which a reliable soil test indicates a need for the addition of fertilizer.
[Added 8-15-2022 by L.L. No. 4-2022]
I.
The following activities are exempt:
[Amended 8-15-2022 by L.L. No. 4-2022]
(1)
Emergency repairs to any stormwater control measure and emergency activity immediately necessary to protect life, property or natural resources;
(2)
Development on a site involving land disturbance and land clearing of less than 5,000 square feet which does not result in the creation of new impervious surfaces of more than 1,000 square feet;
(3)
Agricultural activity which is consistent with a soil conservation plan developed in accordance with the New York State Soil and Water Conservation Committee's "Agricultural Best Management Practice Systems Catalogue," which plan has been provided to the Village not less than 15 calendar days in advance of any related land disturbance;
(4)
Silviculture activity which is consistent with a soil conservation plan developed in accordance with the NYS Forestry Best Management Practices for Water Quality and which plan is provided to the Village not less than 15 calendar days in advance of any related land disturbance;
(5)
Residential firewood harvesting that is compliant with Stream Corridor Management Regulations at 6 NYCRR 646-5 and NYS Forestry Best Management Practices;
(6)
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family;
(7)
Construction of an approved wastewater treatment system;
(8)
Maintenance of landscaped areas.
§ 220-58 Project classification for stormwater management.
A.
Minor projects. The following development activities shall be considered to be minor projects:
(1)
Any building, land clearing or development activity affecting less than 15,000 square feet;
(2)
Creation of a two-lot, three-lot or four-lot subdivision which may result in the construction of no more than one single-family residential structure and related accessory structures per lot and will require land clearing or alteration activities of less than 15,000 square feet per lot and less than 15,000 square feet total for any subdivision road.
(3)
Any building, alteration or modification of a stormwater control measure, excluding maintenance, cleaning or repair of such stormwater control measure.
B.
Major projects. Any project not expressly exempt or defined as minor project shall be a major project. The following may be considered major projects:
(1)
Any part of the activities listed as a minor project above which occurs on:
(a)
Soils of high potential for overland or through soil pollutant transport;
(b)
An area with a slope of 15% or greater when measured in any direction over a distance of 100 feet from the center of the proposed building site;
(c)
An area with a soil percolation rate slower than 60 minutes per inch.
(2)
Any minor project may be treated as a major project if such treatment is desirable due to specific site limitations or constraints, anticipated environmental impacts or the need or advisability of additional public notice and comment. When determining whether to treat a minor project as a major project, the criteria to be considered shall include, but not be limited to, whether the site lies within or substantially contiguous to any of the following:
(a)
A critical environmental area established pursuant to SEQR.
(b)
A wetland.
(c)
A stream corridor.
(d)
An area of significant habitat for any wildlife or plant species.
(e)
An area of particular scenic, historic or natural significance.
(3)
The project sponsor of a minor project that will be treated as a major project shall be given a written statement of the reasons for such a determination.
(4)
Any SPDES land development activity.
§ 220-59 Design requirements and performance standards.
A.
Minor projects. The following requirements shall apply to minor projects:
(1)
Stormwater shall be managed on site using stormwater control measures designed to afford optimum protection of ground and surface waters. Stormwater control measures shall be selected by giving preference to the best management practices for pollutant removal and flow attenuation. Stormwater may be calculated in accordance with the methodology for determining stormwater volume and flow rates for major products found herein or, in the alternative, at a flat rate of 1.5 gallons of stormwater for every square foot net increase in impervious area. Net increase is the difference between predevelopment and post-development conditions. All water from newly created impervious areas which would otherwise run off the parcel shall be directed to an infiltration device. Location of the infiltration devices shall be determined based upon soil test results.
[Amended 8-15-2022 by L.L. No. 4-2022]
(2)
Stormwater control measures may include, but not be limited to, dry wells or precast concrete, pits of crushed rock lined with geotextile fabric, and infiltration trenches. Such measures may also include natural and human-made landscape features such as depressions, blind ditches, retention ponds, swales and others. Inlets to infiltration devices shall be protected from sediment at all times in order to maintain their capacity.
(3)
Infiltration devices shall not be installed upgradient within 20 feet of the subsurface treatment system of a wastewater treatment system.
[Amended 8-15-2022 by L.L. No. 4-2022]
(4)
Infiltration devices and buildings shall be designed to maintain maximum attainable horizontal distance separation from wells, water bodies and wetlands. Pumping stormwater shall not be permitted.
(5)
The bottom of any infiltration device shall be a minimum of two feet above seasonal high groundwater mark and two feet above bedrock.
(6)
Temporary erosion controls shall be required to prevent siltation of water bodies during construction.
(7)
Stormwater control measures proposed to be installed at locations with a slope greater than 15% before grading, a soil percolation rate slower than 60 minutes per inch, or which requires placement of fill to meet vertical distance separations specified herein shall be designed by a qualified stormwater professional.
[Amended 8-15-2022 by L.L. No. 4-2022]
(8)
Infiltration devices shall be located a minimum of 35 feet from Lake George and any downgradient drinking water supply or water body. Infiltration devices for high-traffic areas shall be located a minimum of 100 feet from Lake George and any downgradient drinking water supply or water body. The separation distance for infiltration devices servicing high-traffic areas shall be a minimum of 50 feet from upgradient water supplies. This design requirement shall not prohibit the creation of up to 400 square feet of pervious hardscape (i.e., porous pavers) for non-high-traffic areas within 35 feet of Lake George and any downgradient drinking water supply or water body.
[Added 8-15-2022 by L.L. No. 4-2022]
(9)
On a site where predevelopment exists, an applicant shall be required to undertake a stormwater retrofit project to control existing stormwater runoff discharges from the site in accordance with the minor project standards of this article to the maximum extent practicable. Such measures shall include, at a minimum, the infiltration of runoff from the first 1/2 inch of precipitation from all predevelopment impervious areas within the site. The phased implementation of such controls for predevelopment areas may be authorized. A variance will not be required for infiltration devices treating predevelopment areas when conformance with the design standards for infiltration devices cannot be met. If the minimum 1/2 inch volume requirement cited herein cannot be met, the Village may delegate the authority to issue a variance from this standard to staff.
[Added 8-15-2022 by L.L. No. 4-2022]
B.
Major projects.
(1)
For all major projects, stormwater volumes and rates of flow shall be calculated using Engineering Specifications for Design Professionals listed below. In addition, all stormwater control measures shall meet (a) the standards set forth below or (b) the New York State Storm Water Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor) and New York Standards and Specifications for Erosion and Sediment Control (New York State Department of Environmental Conservation), most current version or its successor, whichever is stricter. In the event of a conflict between (a) and (b) above as applied to major projects in this chapter, the stricter of the two shall apply.
(a)
Design requirements for stormwater control measures.
[1]
Stormwater control measures shall be designed so that there will be no increase in runoff volume from a ten-year frequency/twenty-four-hour duration storm event following development over the pre-development volume.
[2]
For storm events exceeding the ten-year design storm, the stormwater control measures shall function to attenuate peak runoff rates for a twenty-five-year frequency/twenty-four-hour duration storm to be equal to or less than pre-development flow rates. For development greater than one acre, stormwater control measures shall function to attenuate peak runoff flow rates for a 100-year storm to be equal to or less than pre-development flow rates. Attenuation of the 100-year storm is intended to reduce the rate of runoff from development to prevent expansion of the 100-year floodplain so as to alleviate flooding of improved properties and roadways. The minimum requirement for peak flow attenuation can be waived for the 100-year storm event where it can be proven that downstream flooding is not a concern, such as where excess stormwater runoff is discharged to Lake George or to a regional stormwater facility designed to handle additional volume and peak discharge. The cumulative effect of all proposed development projects within the watershed should be considered in making this determination. Rainfall intensity curves for Lake George shall be used in the design of the stormwater control measures. Additionally, for development greater than one acre, coverage is required under a state pollutant discharge elimination system (SPDES) general stormwater permit administered by the Department of Environmental Conservation.
[Amended 8-15-2022 by L.L. No. 4-2022]
[3]
Infiltration devices shall be designed such that the bottom of the system will be a minimum of two feet above the seasonal high groundwater level and bedrock to be realized following development. This provision shall not apply to wet ponds and similar stormwater control measures which are designed to be built in the saturated soil zone, or to the portion of an infiltration device designed to extend a minimum of 10% of the infiltration surface below the prevailing frost depth or four feet (whichever is greater) as required by Subsection B(1)(a)[5], below.
[Amended 8-15-2022 by L.L. No. 4-2022]
[4]
Infiltration devices shall be located a minimum of 35 feet from Lake George and any down-gradient drinking water supply or water body. A separation of more than 100 feet may be required in cases where contamination of the water supply is possible due to highly permeable soils, shallow groundwater and similar situations. The separation distance for infiltration devices services high-traffic areas shall be a minimum of 50 feet from up-gradient water supplies. Designs shall mitigate adverse effects that groundwater recharge will have on adjacent wells, water supplies, wastewater treatment systems, buildings, roadways, properties and stormwater control measures. Stormwater recharge areas shall be located a minimum of 100 feet from the subsurface treatment system of a wastewater treatment system unless it is demonstrated that a lesser separation will not adversely affect the functioning of such leach fields. This design requirement shall not prohibit the creation of up to 400 square feet of pervious hardscape (i.e., porous pavers) for non-high-traffic areas within 35 feet of Lake George and any down-gradient drinking water supply or water body.
[Amended 8-15-2022 by L.L. No. 4-2022]
[5]
Infiltration devices shall be designed to extend a minimum of 10% of the infiltration surface area below the prevailing frost depth or four feet (whichever is greater) in order to provide infiltration during winter months.
[6]
Infiltration devices shall be designed based on the infiltration capacity of the soils present at the project site. Soil evaluation methods shall be in accordance with soil evaluation methods listed below in Engineering Specifications for Design Professionals.
(b)
Additional requirements for major projects.
[Amended 8-15-2022 by L.L. No. 4-2022]
[1]
All stormwater control measures shall be designed to completely drain to return to design levels in accordance with the following:
[a]
Infiltration basin: five days.
[b]
Infiltration trench: 15 days.
[c]
Dry well: 15 days.
[d]
Porous pavement: two days.
[e]
Vegetation depression: one day.
[2]
Pretreatment devices, such as sediment traps, detention/stilling basins, filter strips, grassy swales or oil/water separators, shall be provided for runoff from paved areas or other areas subject to human-induced pollution, including grease and oils, fertilizers, chemicals, road salt, sediments, organic materials and settleable solids, which shall be sufficient to remove pollutants from the runoff.
[3]
Stormwater control measures shall, at a minimum, incorporate the best available pollutant removal technology, which shall mean that which constitutes appropriate and cost-effective means for removing pollutants from runoff so that the resulting treated stormwater will not degrade water quality of any water body.
[4]
Stormwater control measures shall be designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site.
[5]
On a site where predevelopment exists, an applicant shall be required to undertake a stormwater retrofit project to control existing stormwater runoff discharges from the site in accordance with the major project standards of this article to the maximum extent practicable. Such measures shall include, at a minimum, the infiltration of runoff from the first 1/2 inch of precipitation from all predevelopment impervious areas within the site. The phased implementation of such controls for predevelopment areas may be authorized. A variance will not be required for infiltration devices treating predevelopment areas when conformance with the design standards for infiltration devices cannot be met. If the minimum 1/2 inch volume requirement cited herein cannot be met, the Village may delegate the authority to issue a variance from this standard to staff.
(2)
For all SPDES land development activity major projects, the following requirements shall apply, except that where a conflict exists between the following requirements and any other requirement for a major project under this chapter, the stricter requirement shall apply:
(a)
Technical standards. For purposes of this chapter, the following requirements shall apply, except that where any other requirement for a major project is stricter:
[1]
The New York State Storm Water Management Design Manual (New York State Department of Environmental Conservation), most current version or its successor, hereafter referred to as the Design Manual;
[2]
New York Standards and Specifications for Erosion and Sediment Control (New York State Department of Environmental Conservation), most current version or its successor, hereafter referred to as the Erosion Control Manual.
(b)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards in the Design Manual, the project sponsor must demonstrate equivalence to these technical standards and the SWPPP shall be prepared by a licensed professional.
C.
General requirements for major and minor projects. The following requirements shall apply to major and minor projects:
(1)
Stormwater control measures shall include such other measures as are deemed necessary to prevent any increase in pollution caused by stormwater runoff from development which would otherwise degrade the quality of water in Lake George and its tributaries, render it unfit for human consumption, interfere with water-based recreation or adversely affect aquatic life.
(2)
Emergency overflow provisions shall be made as necessary to prevent erosion, flooding and damage to structures, roads and stormwater control measures.
(3)
Stormwater control measures shall be designed to minimize adverse impacts to water bodies, minimize disturbance of water bodies, minimize land clearing, minimize the creation of impervious surfaces and maximize preservation of natural vegetation and existing contours.
(4)
Development which involves the creation of areas subject to intensive landscape maintenance, such as golf courses, public parks and botanical gardens, shall require that pest control and fertilizer management plan shall be prepared and included with the permit application.
(5)
Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
(6)
Development that involves structural components, such as retaining walls or dams, may require design and certification by a licensed professional engineer.
[Added 8-15-2022 by L.L. No. 4-2022]
§ 220-60 Erosion control measures.
A.
Temporary erosion control shall be provided for all disturbed areas in accordance with the Erosion Control Manual. The temporary erosion control measures shall be maintained continuously until permanent control measures are in service. Infiltration devices shall be protected from siltation during the period of construction and until the site is successfully revegetated by use of silt screens, inlet protection devices, sediment detention ponds or other suitable erosion control measures.
B.
Staging of construction to facilitate erosion control shall be required. Only those areas where construction is actively occurring shall remain open and unvegetated. All areas that are not within an active construction area shall be mulched and stabilized or shall be mulched and revegetated. An "active construction area" is defined as one that has seen substantial construction within the past seven calendar days. Mulching or revegetation for erosion control shall be completed within 10 days following the last substantial construction activity.
C.
Compliance with the following restrictions shall be required:
(1)
No vegetation shall be felled into any lake, pond, river, stream or intermittent stream and, if inadvertently felled into one of these water bodies, shall be removed immediately from the water body. The removal of dead or dying diseased trees or trees presenting a health or safety hazard shall not be exempt from this requirement.
(2)
Within 500 feet of the mean high water mark of any lake, pond, river, stream or wetland, no land area, including areas stockpiled with earthen materials, which has been cleared may be made or left devoid of growing vegetation for more than 24 hours without a protective covering securely placed over the entire area and/or erosion control measures properly installed to prevent sediments from entering the water body. Acceptable protective coverings include natural mulch of a depth of two inches, rock rip-rap, nondegradable materials such as plastic or canvas coverings and impervious structures.
(3)
Any area of land from which the natural vegetative cover has been either partially or wholly cleared or removed by development activities shall be revegetated within 10 days from the substantial completion of such clearing and construction. Acceptable revegetation shall consist of the following:
(a)
Reseeding with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage, but not less than 50% of the total disturbed area, to control erosion until such time as the cover crop is established over 90% of the seeded area.
(b)
Replanting with native woody and herbaceous vegetation accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
(c)
Any other recognized method which has been reviewed and approved by the Village as satisfying the intent of this requirement.
[1]
Any area of revegetation must exhibit survival of a minimum of 75% of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75% survival for one year is achieved.
[2]
Ground clearing or grading activities which occur during the period of October 15 to April 15, during which germination of vegetation typically will not take place, shall be required to incorporate extra measures during revegetation in order to reduce erosion and maintain water quality. These extra measures include, but are not limited to, the use of screen mesh, netting, extra mulch and siltation fences.
§ 220-61 Maintenance of stormwater control facilities.
A stormwater permit shall include, at a minimum, provisions for the maintenance of the site, consistent with the following:
A.
During construction.
(1)
The project sponsor shall at all times properly operate and maintain all facilities and systems of treatment and control (related appurtenances) which are installed or used by project sponsor to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
The project sponsor shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in site log book.
B.
Post construction.
(1)
Applicability. Where it is deemed necessary by the Village, prior to issuance of a permit for any project, the project sponsor shall provide for arrangements for the future maintenance of stormwater control measures subject to the approval of the Village. This may include, but shall not be limited to, the following approval of the bylaws and/or certificate of incorporation of a transportation corporation or homeowners' association; posting of a performance bond; placing of funds on deposit; and a stormwater management maintenance agreement between the owner(s) of the site and the Village consistent with the terms and conditions of Schedule E, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1]
[Amended 8-15-2022 by L.L. No. 4-2022]
[1]
Editor's Note: See § 220-133, Schedule E.
(2)
Purpose. Stormwater management maintenance arrangements shall be those necessary to ensure that stormwater control measures are maintained in working condition throughout the life of the project.
(3)
Notice. Notice of the stormwater management maintenance agreement shall be recorded in the office of County Clerk, or its terms shall be incorporated into covenants appearing in the deed, declarations of covenants and restrictions or other such documents, to ensure that record notice of its terms is provided to future owners of the site. It shall also be included in the offering plan, if any, for the project.
[Amended 8-15-2022 by L.L. No. 4-2022]
(4)
Initial maintenance security. When deemed necessary by the Village, the project owner(s) or sponsor shall establish a maintenance security in the form of a bond, letter of credit, escrow account or other acceptable security, for the purpose of building, rebuilding, maintaining or repairing the stormwater control facilities. Terms for any maintenance security shall cover the time period beginning at the commencement of land disturbance and extend no less than two years following the approved completion of construction. Longer durations may be required when deemed necessary.
[Amended 8-15-2022 by L.L. No. 4-2022]
(5)
The Village may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.
(6)
The Village may require the submission of as-built plans for any stormwater control measures.
§ 220-62 Permit application review procedures.
A.
Plan review.
(1)
It is the responsibility of the applicant to provide a detailed plot plan showing the location and dimensions of all existing and proposed structures and impervious surfaces, watercourses, water bodies, wetlands, wells, septic systems and stormwater control measures on the site and within 100 feet of the site, and a location map of the site. Applications shall be submitted on forms prescribed by the Village and shall require an application fee, Tax Map number of affected parcels, a completed Part 1 Environmental Assessment Form, if required, and names and addresses of adjacent parcel owners as required.
(2)
If the Village determines, in its sole discretion, that it needs assistance of any professional consultants in its review of any submitted plans, the cost of such professional consultants will be borne solely by the applicant. Such professional consultants may include, but shall not be limited to, engineers, surveyors and legal counsel. The cost of any such consultants must be paid in full prior to the Village issuing any permits, variances or any other approvals required by this chapter.
B.
Minor projects. The Zoning/Land Use Office of the Village shall have primary responsibility for the review, approval and issuance of any stormwater management permits for minor projects. The Zoning/Land Use Office may request technical assistance from the Commission.
(1)
Prior to permit decisions a test pit may need to be witnessed.
(2)
The Zoning/Land Use Officer shall determine whether notice to adjacent owners is warranted by public interest or other considerations.
(3)
Prior to issuance of a permit for any project, the Zoning/Land Use Officer shall determine that the project as proposed is in accordance with the design standards of this chapter.
C.
Major projects. Major projects shall require a site plan review in accordance with Village land use ordinances.
(1)
Preparation of a stormwater control report is required. Preparation of a stormwater concept plan may be required if deemed necessary by the Village. The stormwater control concept plan and stormwater control report shall be prepared by a qualified stormwater professional, who shall be employed by the applicant or developer to design and supervise the installation of all stormwater management facilities. Stormwater management shall be within the area of expertise of the particular individual or firm performing the design and construction supervision, and, if requested, that individual or firm shall furnish a listing and description of all stormwater management projects designed or supervised by them within the past five years.
[Amended 8-15-2022 by L.L. No. 4-2022]
(2)
Approval of the stormwater concept plan and stormwater control report may require a public hearing if the municipal zoning and subdivision ordinances require such a hearing.
(3)
The final subdivision plat shall contain stormwater control measures for all commonly owned roads, buildings, parking areas and impervious areas. Approved stormwater design plans shall be filed, together with the final subdivision plat, with the County Clerk.
(4)
Prior to the approval of the final subdivision plat or commonly owned facilities, it shall be first determined that there is sufficient information to support a finding that the stormwater measures subject to future approval can be designed and constructed in accordance with this chapter.
§ 220-63 Criteria for issuance of stormwater control permits.
A.
An application for stormwater control permit or a SWPPP may be approved, denied or approved with modifications or conditions, including modifications to nonstormwater aspects of the development necessary to achieve the required level of stormwater management.
B.
No stormwater management permit or SWPPP shall be issued unless the Village makes the following findings, which shall be supported by substantial evidence. The facts supporting such findings shall be set forth in the decision document or permit. The issued permits shall set forth all required conditions and incorporate all necessary documents and maps. The findings are as follows:
(1)
That the project meets the design requirements and performance standards set forth in this chapter.
(2)
That the project will not have an undue adverse impact on the health, safety and welfare of the public or on the resources of the Lake George Park and will not lead to a diminution of water quality, an increase in erosion or an increase in stormwater runoff from the site either during or following construction.
(3)
That the stormwater control measures proposed for the proposed project will function as designed and that such measures represent the best possible methods and procedures for controlling stormwater runoff that are feasible and practicable at the particular project site.
(4)
That adequate and sufficient measures have been taken to ensure accountability and responsibility over the life of the project should the stormwater control measures not function as intended, fail or suffer from inadequate maintenance to ensure their proper functioning. The Village may require formation of a homeowners' association registered pursuant to § 352-e of the New York State General Business Law and execution of a maintenance agreement consistent with Schedule E.[1]
[1]
Editor's Note: See § 220-133, Schedule E.
(5)
That the proposed project will not contribute to flooding, siltation or stream bank erosion and will not result in any increase, directly or indirectly, in pollution to Lake George or its tributaries from stormwater runoff.
§ 220-64 Variances.
A.
If, during the review of an application, it is determined that the application of any design or dimensional requirement contained herein will result in the denial of the project, the applicant shall be afforded an opportunity to modify the project plans or, in the alternative, to make application for a variance upon denial of any permit application for a project or failure to conform to specific provisions, the applicant may make an application for a variance.
B.
If the applicant determines that any aspect of the project cannot meet any design or dimensional requirement contained herein, the applicant may direct application for a variance to the Zoning Board of Appeals.
C.
Variance applications shall be on such forms as may be prescribed and shall conform to and contain the permit application requirements. Any application that is being reviewed by the Zoning Board of Appeals, has not yet been approved or disapproved by the Zoning Board of Appeals, which becomes inactive for a period of six months will become null and void. A new application must commence and will be subject to all current laws and regulations.
D.
The granting of any variance shall be done in accordance with New York State Village Law and any amendments thereto, as appropriate; provided, however, that the granting of any variance to the shoreline or cutting restrictions of § 806 of the Adirondack Park Agency Act (Executive Law, Article 27) must be in compliance with that section and § 807 of the Act, if applicable.
E.
No variance shall be granted by the Village until first providing notice to the Commission a minimum of 15 days in advance. The Commission shall be deemed a party to the proceeding for all purposes with the right to initiate or intervene in any action or proceeding in which the grant or denial of a variance is an issue or in any proceeding involving an interpretation of the Village's plan or program.
§ 220-65 Inspections and enforcement; penalties for offenses; restoration of property.
A.
At any time prior to, during, or after construction of any activity regulated under this chapter, the Zoning/Land Use Officer or any other individual designated by the Board of Trustees of the Village of Lake George may inspect any land development activities for compliance with these stormwater regulations set forth in this chapter. In the event that any violations or noncompliance with any SWPPP or these stormwater requirements are found, a notice shall be given to the applicant, owner or developer advising of the nature of the violation and required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has been inspected and approved.
B.
Violations. Any development activity that is commenced or is conducted contrary to this chapter may be restrained by injunction or otherwise abated in a manner provided by law.
C.
Civil and criminal penalties.
[Amended 8-15-2022 by L.L. No. 4-2022]
(1)
Criminal sanctions.
(a)
Criminal sanctions are as follows:
[1]
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be liable for a penalty not to exceed $500 for each such violation and an additional penalty of $500 for each day during which such violation continues, or by imprisonment for a period not to exceed six months or both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(b)
Every such person shall be deemed guilty of a separate offense for each day such violations, disobedience, omission, neglect or refusal shall continue. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agent or manager may be considered to be the "person" for the purposes of this article.
(c)
The Zoning Administrator or agent thereof may commence criminal proceedings in the justice court by issuing an appearance ticket to any alleged violator and/or by filing an information and supporting deposition pursuant to the New York Criminal Procedure Law. Alternatively, the Zoning Administrator or agent thereof, or the Village Board, may request the District Attorney to prosecute the violation or to appoint the Town Attorney as a special district attorney for that purpose.
(2)
Civil penalties.
(a)
As an alternative to criminal sanctions, the Village may institute proceedings for civil penalties in the amounts stated herein for each such violation:
[1]
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be liable for a penalty not to exceed $500 for each such violation and an additional penalty of $500 for each day during which such violation continues, or by imprisonment for a period not to exceed 60 days, or both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues.
(b)
Such fines or penalties may be compromised or released by the Village Board as a part of any disposition.
D.
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 may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
E.
Notice of violation.
(1)
If the Village determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property.
(2)
The notice of violation shall contain:
(a)
The name and address of the owner or applicant.
(b)
The street 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 development activity into compliance with this chapter 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 person to whom the notice of violation is directed.
(f)
A statement that the determination of violation may be appealed to the Village by filing a written notice of appeal within 15 days of service of notice of violation.
[1]
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 violation by certified mail, postage prepaid, return receipt requested, to such person at his or her last known address.
[2]
A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Village.
§ 220-67 Engineering specifications for design professionals.
A.
Content of stormwater concept plan or stormwater pollution prevention plan, as applicable.
(1)
A stormwater concept plan (SCP) or stormwater pollution prevention plan (SWPPP), as applicable and if required, shall include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of the proposed development on water resources and the effectiveness and acceptability of measures proposed for managing stormwater runoff. Sufficient engineering analysis shall be performed and provided to show that the stormwater control measures in the plan are viable and capable of managing runoff from the site in compliance with these regulations and the Village's stormwater management plan and regulatory program. All anticipated development of the site and phases of the project, both present and future, shall be addressed in the SCP/SWPPP. The intent of this conceptual planning process is to determine the type of stormwater measures necessary for the proposed project to achieve the required level of stormwater management. In order to ensure adequate planning for management of runoff from future development, the Village may also require SCP/SWPPP to consider the maximum development potential.
(2)
For development or redevelopment occurring on a site where development has previously occurred, an applicant shall be required to include within the stormwater concept plan measures for controlling existing stormwater runoff discharges from the site in accordance with the standards of this chapter to the maximum extent practicable. Such measures shall also include those measures reasonable and necessary to, at a minimum, infiltrate the runoff from the first half inch of precipitation from any storm event for all areas within the site which have previously been developed.
B.
Content of the stormwater control report. A stormwater control report (SCR) shall, if not included in the SWPPP and if included with the SWPPP shall at a minimum include the requirements set forth below, be submitted which evaluates the quantity and quality of stormwater runoff resulting from the proposed project for all phases, both present and future, and, if required, for the maximum potential runoff from the site if it were to be developed to its maximum potential under existing zoning. The stormwater control report shall be consistent with and shall be reviewed on the basis of the approved SCP. An SCP shall contain, at the minimum, the following information:
(1)
A description of the project site and surrounding area within 500 feet as it exists prior to the commencement of the project; a location map; description of the watershed of the subcatchment and its relation to the project site; soil types and descriptions on the site and surrounding area; topography of the project site and surrounding area; surface characteristics, including percent covered by asphalt, concrete, crushed stone, grasses, brush and trees; current land use, including all structures and characteristics of the shoreline and its development, if applicable; drainage patterns, including streams, ponds, culverts, ditches and wetlands; locations of utilities, roads and easements; and construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than one acre shall be disturbed at any one time unless pursuant to an approved SWPPP.
(2)
A detailed description of the proposed project, including surface characteristics; proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s) and construction cost estimates of stormwater management structures.
(3)
Hydrologic and hydraulic computations of stormwater volume and flow for existing and proposed conditions shall be performed. Such computations shall include:
(a)
Description of the design storm frequency, intensity and duration.
(b)
Time of concentration.
(c)
Soil curve numbers or runoff co-efficients.
(d)
Peak runoff rates and total runoff volumes for each watershed area or subcatchment area.
(e)
Infiltration rates.
(f)
Culvert capacities.
(g)
Flow velocities.
(h)
Data on the increase and volume of runoff for the ten-year storm and on the change in the rate of runoff for the two-, ten-, fifty-, and 100-year storms.
(i)
Documentation of sources for all computation methods and field test results.
(j)
Sufficient information to demonstrate that the proposed development, with its necessary stormwater controls, has been designed to preserve and maintain the base flow in all streams passing through, adjoining or receiving runoff from the site.
(4)
A description of how the stormwater control measures for the project will provide the best available pollutant removal technology.
(5)
A detailed description of, and plans for, stormwater and erosion control measures, including:
(a)
Proposed containment facilities and structures.
(b)
Calculations of infiltration area required.
(c)
Calculation of retention and/or determination storage requirements and storage volume provided.
(d)
Calculation or documentation of infiltration rate.
(e)
Calculation for release rate controls (orifice or pipe size).
(f)
Description of pollution control measures such as filter strips, sand filters and infiltration.
(g)
Provision for emergency overflow.
(h)
Measures taken to obviate or reduce the need for runoff control, such as use of porous pavement or crushed stone, or the minimization of land clearing or paving.
(6)
Drainage maps, at a scale specified by the Village, showing existing and proposed conditions and contours, including the watershed area and subcatchment boundaries, acreage, inlet and outlet points of streams, culverts and drainage ditches, surface features, existing and proposed structures, buildings, pavement, flow directions, existing and proposed storm sewers, streams and other drainage channels, water quantity and quality control structure, including retention basins and infiltration trenches, and a location map, at a scale specified by the Village, showing the entire watershed area and indicating the project site.
(7)
A certification that the stormwater control measures as designed and presented in the SCR will function adequately and in accordance with this Code section, will not adversely affect adjacent or downstream waters or properties, and have been designed in accordance with this chapter, and for stormwater runoff from land development activities discharging a pollutant of concern either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment, a certification by the qualified stormwater professional that the stormwater management practices meet the requirements of this code. The report and plans shall bear the stamp and signature of the qualified stormwater professional executing the above certification.
[Amended 8-15-2022 by L.L. No. 4-2022]
(8)
A project schedule which shall indicate the proposed starting and completion dates for all major work phases, including but not limited to clearing and grading, road construction, utility placement, septic systems, stormwater control measures, wharf construction, pouring or laying footings and foundations, building construction and interim and permanent revegetation. Particular emphasis shall be placed on those elements of the schedule relating to stormwater runoff and erosion control. In general, the control facilities shall be installed first in the construction stages of a project to minimize the impacts associated with construction. Further, the project schedule shall take into account appropriate seasonal limitations for temperature and weather sensitive operations. Special measures or procedures may be required to undertake land disturbance activities occurring between October 15 and April 15.
(9)
A maintenance schedule which includes:
(a)
The construction costs related to stormwater control.
(b)
The proposed stormwater control maintenance program and annual costs of implementing same.
(c)
Identification of the party or parties responsible for maintenance of the system over the life of the project.
(d)
A copy of any maintenance agreement.
(e)
Identification of the party or parties responsible for correcting failures or inadequate function of stormwater control measures and responsible for assuming control of the systems in the event of failure to properly maintain the system.
(10)
Application inspections. Each application shall contain the written consent of the landowner that the Village may conduct site inspections, tests and evaluations as are deemed necessary by it to verify site data contained in the application. Such data shall include, but are not limited to, soil type, topography, depth to seasonal high groundwater, depth to bedrock and distance to surface bodies of water. During site inspection one or more deep test holes and percolation tests may be required by the Village to be performed by the applicant.
C.
Methodologies for determining runoff volumes. Stormwater volumes and rates of flow shall be calculated using the following methods: for small watershed (up to 20 acres), the Rational Method may be used, and for larger watershed areas (up to 2,000 acres), and as the overall preferred method, the United States Department of Agriculture method shall be used (this method is described in "Urban Hydrology for Small Watersheds-Technical Release 55") or any other equivalent and widely accepted method may be used.
D.
Soil evaluation methods. The design infiltration rate shall be based on the results of hydrogeologic studies performed by the applicant during preparation of the stormwater control report. The studies shall include test pits or borings located to present a clear picture of geologic and hydrologic conditions existing at the site and areas, both on and off the site, affecting, or to be affected by, the development. A minimum of three subsurface excavations shall be submitted with the report. Hydrogeologic interpretations and conclusions shall be developed by qualified persons only. Following design of infiltration devices, additional subsurface investigations to confirm soil and groundwater conditions will be required in the areas proposed for infiltration devices. The design of any project or development shall ensure that the ability to manage stormwater is not affected by the placement of structures on those soils or locations best suited for stormwater management purposes.
E.
SPDES land development activity.
(1)
For all SPDES land development activity major projects, all SWPPs shall provide the following background information and erosion and sediment controls:
(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 Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
(b)
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;
(c)
Description of construction and waste materials expected to be stored onsite with updates as appropriate and a description to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater and spill prevention and response;
(d)
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close out;
(e)
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
(f)
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(g)
Temporary practices that will be converted to permanent control measures;
(h)
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(i)
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(j)
Name(s) of receiving water(s);
(k)
Delineation of SWPPP implementation responsibilities for each part of the site;
(l)
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(m)
Any existing data that describes the stormwater runoff at the site.
(2)
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth below as applicable:
(a)
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of impairment.
(b)
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Condition A, B and C:
(a)
All information in § 220-67E(1) of this chapter.
(b)
Description of each post construction stormwater management practice.
(c)
Site map/construction drawing(s) showing specific location(s) and size(s) of each post-construction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(e)
Comparison of post-development stormwater runoff conditions with predevelopment conditions;
(f)
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
(g)
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
(h)
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;
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures.
(4)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP. 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 SWPPP for the land development activity.
(5)
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.