A local law to establish regulations regarding requirements for stormwater management, erosion & sediment control in the Town of _________

Be it enacted by the Town Board of the Town of _______ as follows:

1. Short Title. This law may be referred to as the "Town of _______ Stormwater, Erosion & Sediment Control Law."

2. Legislative Purposes and Objectives. In order to protect, maintain and enhance both the natural environment including groundwater and surface water in conjunction with the safety and general welfare of the citizens of (Town) of ________, this Ordinance has the following objectives:

a. to control stormwater, erosion and sedimentation so as to prevent its deposition in streams and other receiving water bodies; including culverts, drainage systems and public lands;

b. maintain the integrity of local drainage systems, so as to sustain their hydrologic functions;

c. prevent increases in the magnitude and frequency of stormwater runoff so as to prevent localized flooding and costs associated with flooding:

d. facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural functions of streams, receiving waters and to protect groundwater supplies;

e. to the extent practical, secure multiple community benefits such as groundwater protection and replenishment, open space protection and increased recreational opportunity through integrated land use-stormwater management planning.

3. Authority. In accordance with (Article 10 of the municipal Home Rule Law, Article 9 of the Town Law) of the State of New York, the (Town) has the authority to enact (local laws/ordinances) for the purpose of promoting the health, safety or general welfare of (Town). The (Town) may include in any such (local law/ordinance) provisions for the appointment of any municipal officer or employees to effectuate and administer such (local law/ordinance).

4. Jurisdiction. Upon approval of this Ordinance by the (Town), all site preparation and construction activities requiring approval under this Ordinance shall be in conformance with the provisions set forth herein.

5. Definitions. Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance it's most effective application. Words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive.

Adverse Impact-means any deleterious effect on receiving waters, including their quality, quantity, surface area, aesthetics or usefulness for human or natural uses. Such deleterious effect is or may potentially be harmful or injurious to human health, welfare, safety or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Applicant-means any person who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

Clear-means any activity which removes the vegetative ground cover.

Development-To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems, and sewage disposal systems, altering landforms, or construction of a structure on the land.

Drainage Area-means that area contributing runoff to a single point, and/or it's watershed.

Erosion-The removal of soil particles by the action of water, wind, ice or other geological factors.

Erosion and Sediment Control-means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.

Erosion and Sediment Control Plan-means an erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of the__________________and this Ordinance. (Plan Approval Agency)

First Flush-The delivery of a large load of pollutants during the early part of storms due to rapid runoff of accumulated pollutants. The first flush in these guidelines is defined as the runoff generated from a one year 24 hour storm event from land which has been made more impervious from pre-development conditions through land grading and construction/ development activities.

Flood Plain-For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.

Impervious Area-Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.

Peak Flow-The maximum rate of flow of water at a given point and time resulting from a storm event.

Retention-A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool.

Riprap-A combination of large stone, cobbles and boulders used to line channels, stabilize streambanks and reduce runoff velocities.

Stream Corridor-The landscape features on both sides of a stream, including soils, slope, and vegetation, whose alteration can directly impact the streams physical characteristics and biological properties.

Watershed-means the total drainage area contributing runoff to a single point.

a. It has been established that land clearing, land grading, earth moving or development activities can have a significant effect on the environment, therefore, no person, corporation, organization, or public agency shall, on or after the effective date of the ordinance:

1. initiate any land clearing, land grading, earth moving or development activities in excess of one (1) acre without first preparing a stormwater management and erosion control plan and obtaining approval of said plan from the (Town/Village), or the Wayne County Soil & Water Conservation District (if requested by the Town);

1. Land disturbance on less than (1) one acre;

2. agricultural activities, including household gardening;

3. any maintenance, alteration, use or improvement to an existing structure which will not change the quality, rate, volume or location of surface water discharge or contribute to erosion and sedimentation.

7. Contents of the Erosion and Sediment Control Plan.

The applicant is responsible for submitting an Erosion and Sediment Control Plan so that the (Town) can evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. The applicant shall certify on the drawings that all clearing, grading, drainage, construction and development shall be conducted in strict accordance with the plan.

1. A letter of transmittal;

2. A location map indicating north arrow, scale and other information necessary to easily locate the property;

3. A plan at an appropriate scale indicating at least:

a. Name, address and telephone number of:

1. The owner of the property where the grading is proposed;

2. The developer;

3. The applicant.

b. The existing and proposed topography.

c. Location of the nearest existing streams, rivers, natural drainage systems and any public wells;

d. The proposed grading and earth disturbance including:

1. Surface area involved;

2. Volume of spoil material;

3. Volume of borrow material, and

4. Limits of grading including limitation of mass clearing and grading whenever possible.

e. Storm drainage provisions, based on a (10) ten year storm frequency:

1. Site conditions around points of all surface water discharge from the site;

f. Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:

1. Provisions to preserve topsoil and limit disturbance;

2. Provisions to protect nearby surface waters;

3. Details of grading practices;

4. Design details for structural controls; and

5. Details of temporary and permanent stabilization measures.

g. A statement placed on the plan indicating that the developer shall request that the inspection agency approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit, and this ordinance.

1. On all sites with disturbed areas in excess of 2 acres, approval of the inspection agency shall be requested upon completion of installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; other building or grading inspection approvals may not be authorized until this initial approval by the inspection agency is made; and

2. Approval shall be requested upon final stabilization of all sites with disturbed areas in excess of 2 acres before removal of controls.

8. Inspection.

8.1 Inspection Frequency and Reports

a. The permittee shall maintain a copy of the approved erosion and sediment control plan on site.

b. Every active site having an erosion and sediment control plan should be inspected for compliance with the plan.

c. Inspectors (Building Inspector or Code Enforcement Officer) shall prepare written reports after every inspection. The inspection report shall describe:

1. The date and location of the site inspection;

2. Whether or not the approved plan has been properly implemented and maintained;

3. Any practice or erosion and sediment control plan deficiencies; and

4. If a violation exists, the type of enforcement action taken.

d. The inspection agency shall notify the on-site personnel or the owner/developer in writing when violations are being observed, describing:

1. The nature of the violation;

2. The required corrective action; and

3. The time period in which to have the violation corrected.

8.2 Right of Entry-

It shall be a condition of every grading or building permit that the inspection agency has the right to enter property periodically to inspect for compliance with this ordinance.

8.3 Modification to Erosion and Sediment Control Plans -

When inspection of the site indicates the approved erosion and sediment control plan needs modification, the modification shall be made in compliance with the erosion and sediment control criteria contained in the Standards and Specifications as follows:

a. The permittee shall submit requests for major modifications to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the plan approval agency to be processed appropriately. This processing includes modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection; and

b. The inspector may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report. The plan approval agency shall, in conjunction with the inspection agency, develop a list of allowable field modifications for use by the inspector.

8.4 Complaints-

The inspection agency shall receive complaints and initiate enforcement procedures when violations are confirmed. Any complaint received shall be acted upon, routinely within 3 working days and the complainant shall be notified of any action or proposed action routinely within 7 working days of receipt of the complaint.

This law shall be administered & enforced by the Building Inspector or Code Enforcement Officer who is authorized to issue appearance tickets for violators of this law.

9.0 Enforcement.

9.1 Enforcement Procedures

a. When the inspection agency or an inspector determines the approved erosion and sediment control plan is not being properly installed or maintained, the inspector shall notify the on-site personnel or the permittee of the violation, describe the required corrective action and the time period in which to have the violation corrected.

b. If the violation persists after the date specified for corrective action in the notice of violation, the inspection agency shall stop work on the site. The inspection agency shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.

c. If reasonable efforts to correct the violation are not undertaken by the permittee, the inspection agency shall refer the violation for legal action.

d. The permit issuing agency may deny the issuance of any permits to an applicant when it determines that the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.

e. Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

f. If a person is working without a permit, the inspection agency shall stop work on the site except activity necessary to provide erosion and sediment control.

10. Severability.