LL# 07-2007NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of WAPPINGER
® Town
❑ Village
Local Law No. 7 of the year 20 07
A local law CREATING CHAPTER 213 OF THE TOWN CODE, "MUNICIPAL STORMWATER
(Insert Me)
MANAGEMENT"
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑ County
❑ City of WAPPINGER as follows:
0 Town
❑ Village
SEE LOCAL LAW ATTACHED
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO.7 OF THE YEAR 2007
A Local Law entitled "Local Law No. 7 of the Year 2007, Creating Chapter 213 of the
Town Code, Municipal Stormwater Management."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title
This Local Law shall be known and cited as Town of Wappinger Local Law No. 7 of
2007 entitled "Local Law No. 7 of the Year 2007, Creating Chapter 213 of the Town Code,
Municipal Stormwater Management."
This Local Law No. 7 of the Year 2007 hereby establishes and creates Chapter 213
"MUNICIPAL STORMWATER MANAGEMENT" of the Code of the Town of Wappinger.
Section -II: Creation of Chapter 213: "MUNICIPAL STORMWATER
MANAGEMENT"
Chapter 213 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 213
MUNICIPAL STORMWATER MANAGEMENT
ARTICLE I. STORMWATER MANAGEMENT — EROSION AND SEDIMENT
CONTROL
§ 213-1. Legislative Findings.
It is hereby determined that:
A. 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, flooding, stream channel erosion, or sediment transport and deposition.
B. This stormwater runoff contributes to increased quantities of water -borne pollutants,
including siltation of aquatic habitat for fish and other desirable species.
C. Clearing, grading, excavating, soil disturbance or placement of fill during construction
tends to increase soil erosion and add to the loss of native vegetation necessary for
terrestrial and aquatic habitat.
D. Improper design, maintenance and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing stream bank erosion
and sedimentation.
E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream baseflow.
F. Substantial economic losses can result from these adverse impacts on the waters of the
Town.
G. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stormwater runoff from land development
activities.
H. 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.
1. Regulation of land development activities by means of performance standards
governing stormwater management and site design will produce development
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.
J. The Town Board finds that the Municipal Stormwater Management provisions adopted
herein are consistent with the guidelines set forth in Greenway Connections. In its
deliberations on any discretionary actions under this chapter, the Stormwater
Management Officer and other approving agencies of the Town of Wappinger shall
consider the statement of policies, principles and guidelines in Greenway Connections as
they deem appropriate and relevant in its deliberations on such discretionary actions.
§ 213-2. Legislative intent.
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
this jurisdiction and to address the legislative findings in § 213-1 hereof. This article seeks to meet
those purposes by achieving the following objectives:
A. Adopt minimum control measures 4 and 5 for a Stormwater Management Program as
set forth in the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems Permit No. GP -02-02 effective January 8, 2003 as
amended, revised or superseded.
B. Further implement the Town of Wappinger Stormwater Management Program as
required under New York State MS4 SPDES No. NYR20A055.
C. 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.
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D. Comply with the applicable Federal regulations for small Municipal Separate Storm
Sewer Systems (MS4) promulgated by the United States Environmental Protection
Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.)
E. Minimize increases in the rate of 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.
F. Minimize increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality.
G. Minimize the total annual volume of stormwater runoff which flows from any specific
site during and following development to the maximum extent practicable.
H. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stormwater management practices and to ensure
that these management practices are properly maintained and eliminate threats to public
safety.
§ 213-3. Applicability.
A. All Land Development Activities, as such are defined in § 213-5.P of this Article,
including but not limited to, land development activities subject to review and approval
by the Town Board, Planning Board or the Zoning Board of Appeals of the Town under
subdivision, site plan, special permit, wetland permit, grading permit and/or other
environmental permit regulations, shall be reviewed subject to the standards contained
in this chapter.
B. It shall be unlawful for any person to engage in a land development activity, other than
an exempt activity as defined in Section 213-4, without a Stormwater Pollution
Prevention Plan approved by the Stormwater Management Officer or other approving
authority as specified in paragraph C below.
C. The Stormwater Management Officer shall accept, review and be the approving
authority for all Stormwater Pollution Prevention Plans (SWPPP), except the approving
authority for land use applications subject to approval under this Code shall be as
follows:
1. Conventional Subdivision. The Planning Board shall approve SWPPP's in
connection with applications for conventional subdivisions under Chapter 217 in
all districts.
2. Average Density Subdivisions. The Planning Board shall approve SWPPP's in
connection with applications for Average Density Subdivisions pursuant to § 240-
19 (A) in all districts.
3. Conservation Subdivision. The Town Board shall approve SWPPP's in
connection with applications for Conservation Subdivisions pursuant to § 240-19
(B) in all districts.
4. Mandatory Open Space Subdivision. The Planning Board shall approve
SWPPP's in connection with applications for Mandatory Open Space
Subdivisions pursuant to § 240-19 (B) in all districts.
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5. Special Permit Uses. The Planning Board shall approve SWPPP's in connection
with applications for special permit uses pursuant to Article VII of Chapter 240 in
all districts, except in those cases where the Schedule of Use Regulations
designates the Town Board as the approving agency, in which case the Town
Board shall approve the SWPPP.
6. Site Development Plans. The Planning Board shall approve SWPPP's in
connection with Site Development Plans pursuant to Article IX of Chapter 240 in
all districts; the Architectural Review Board is designated as the Planning Board.
7. Planned Unit Developments. The Town Board shall approve SWPPP's in
connection with applications for Planned Unit Developments pursuant to § 240-
39.
8. Designed Residential Development. The Town Board shall approve SWPPP's in
connection with applications for Designed Residential Development pursuant to
§ 240-50 in all districts.
D. The Stormwater Management Officer may engage the services of a registered
professional engineer to review the plans, specifications and related documents. The
applicant shall be responsible for payment of the fees of the engineer engaged by the
Stormwater Management Officer in accordance with the provisions of § 122-2 of the
Town Code.
§ 213-4. Exemations.
The following activities shall be exempt from review under this chapter:
A. Agricultural activity as defined in this chapter.
B. Silvicultural activity except that landing areas and log haul roads are subject to this
chapter.
C. Repairs and routine property maintenance activities that disturb less than one (1) acre
and maintain the original line and grade.
D. Repairs and routine maintenance to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer.
E. Any part of a subdivision if a plat for the subdivision has been approved by the Town of
Wappinger on or before the effective date of this law.
F. Land development activities for which a building permit has been approved and is still
in effect on or before the effective date of this chapter.
G. Cemetery graves.
H. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or
poles.
I. Emergency activity immediately necessary to protect life, property or natural resources.
J. 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.
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K. Landscaping and horticultural activities in connection with an existing non-commercial
structure.
§ 213-5. Defmitions.
Whenever used in this chapter, unless a different meaning is stated in a definition applicable to only
a portion of this chapter, the following terms will have meanings set forth below:
A. 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, or the construction of new structures associated with
agricultural activities.
B. APPLICANT — Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind, including
municipal corporations, governmental agencies or subdivisions thereof, filing an
application for a land development activity subject to the provision of this chapter.
C. BUILDING — The term "building" as defined in Section 240-5 of the Town Code now
or as hereafter amended.
D. CHANNEL — A natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
E. CLEARING — Any activity that removes the vegetative surface cover.
F. DEDICATION — The deliberate appropriation of property by its owner for general
public use.
G. DEPARTMENT — The New York State Department of Environmental Conservation.
H. 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, or any superseding
publication issued by the New York State Department of Environmental Conservation.
I. DEVELOPER — A person who undertakes land development activities.
J. EROSION CONTROL MANUAL — The most recent version of the "New York
Standards and Specifications for Erosion and Sediment Control" manual, commonly
known as the "Blue Book." or any superseding publication issued by the New York
State Department of Environmental Conservation.
K. FRESHWATER WETLAND — The term "freshwater wetland" as defined in Section
137-5 of the Town Code now or as hereafter amended.
L. GRADING — Excavation or fill of material, including the resulting conditions thereof.
M. IMPERVIOUS COVER — Those surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement,
sidewalks, driveways, etc).
N. INDUSTRIAL STORMWATER PERMIT — A State Pollutant Discharge Elimination
System permit issued to a commercial industry or group of industries which regulates
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the pollutant levels associated with industrial stormwater discharges or specifies on-site
pollution control strategies.
O. INFILTRATION — The process of percolating stormwater into the subsoil.
P. LAND DEVELOPMENT ACTIVITY — Any construction or demolition activity
including clearing, grubbing, grading, excavating, soil disturbance or placement of fill
that results in land disturbance of equal to or greater than one acre, or activities
disturbing less than one acre of total land area that is part of a larger common plan of
development or sale, even though multiple separate and distinct land development
activities may take place at different times on different schedules.
Q. 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.
R. MAINTENANCE AGREEMENT — A legally recorded document that acts as a property
deed restriction, and which provides for long-term maintenance of stormwater
management practices.
S. 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.
T. PERSON — Any individual or individuals, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
U. PHASING — Clearing a parcel of land in distinct pieces or parts, with the stabilization
of each piece completed before the clearing of the next.
V. 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.
W. PROJECT — Land development activity.
X. RECHARGE — The replenishment of underground water reserves.
Y. SEDIMENT CONTROL — Measures that prevent eroded sediment from leaving the
site.
Z. SILVICULTURAL — Of or relating to the management and care of forests.
AA. SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP -02-01 — 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.
BB. SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM
MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP -02-02 — 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.
CC. STABILIZATION — The use of practices that prevent exposed soil from eroding.
DD. STOP WORK ORDER — An order issued by the duly authorized municipal authority
which requires that all land development activity and other construction activity on a
site be stopped.
EE. STORMWATER — Rainwater, surface runoff, snowmelt and drainage.
FF. STORMWATER HOTSPOT — 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.
GG. STORMWATER MANAGEMENT — The use of structural or non-structural practices
that are designed to reduce stormwater runoff and mitigate its adverse impacts on
property, natural resources and the environment.
HH. STORMWATER MANAGEMENT FACILITY — One or a series of stormwater
management practices installed, stabilized and operating for the purpose of controlling
stormwater runoff.
II. STORMWATER MANAGEMENT OFFICER (SMO) — Town of Wappinger Director
of Code Enforcement or his or her designee.
JJ. 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.
KK. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) — A plan for
controlling stormwater runoff and pollutants from a site during and after construction
activities.
LL. STORMWATER RUNOFF — Flow on the surface of the ground, resulting from
precipitation.
MM. 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 manmade 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.
NN. TOWN — The Town of Wappinger, New York.
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00. WATERCOURSE — The term "watercourse" as defined in Section 137-5 of the Town
Code now or as hereafter amended.
§ 213-6. Stormwater Pollution Prevention Plans.
A. No application for approval of a land development activity shall be reviewed until the
appropriate approving authority has received a Stormwater Pollution Prevention Plan
(SWPPP) prepared in accordance with the specifications in this chapter.
B. All SWPPP's 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 shall show the total site area; all improvements;
areas of disturbance; areas that will not be disturbed; existing vegetation; on-site
and adjacent off-site surface water(s); wetlands and drainage patterns that could
be affected by the construction activity; existing and final slopes; locations of off-
site material, waste, borrow or equipment storage areas; and location(s) of the
stormwater discharges(s). The site map shall be at a scale no smaller than 1 "=50'.
3. Description of the soil(s) present at the site.
4. 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 (5)
acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
The Town may opt to reduce the amount of land that may be exposed at any one
time.
5. Description of the pollution prevention measures that will be used to control
construction materials, chemicals and debris from becoming a pollutant source in
stormwater runoff.
6. Description of construction and waste materials expected to be stored on-site with
updates as appropriate, and a description of controls to reduce pollutants from
these materials including storage practices to minimize exposure of the materials
to stormwater, and spill -prevention and response.
7. 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.
8. A site map/construction drawing(s) specifying the location(s), size(s) and
length(s) of each erosion and sediment control practice.
9. Dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary
sediment basins.
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10. Temporary practices that will be converted to permanent control measures;
11. Implementation schedule for staging temporary erosion and sediment control
practices, including the timing of initial placement and duration that each practice
will remain in place until the site is stabilized.
12. Maintenance schedule to ensure continuous and effective operation of the erosion
and sediment control practice.
13. Name(s) of the receiving water(s) and NYSDEC classification(s), if applicable.
14. Delineation of SWPPP implementation responsibilities for each part of the site.
15. 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.
16. Any existing data that describes the stormwater runoff at the site.
17. An acknowledgement by the landowner granting to the Town and other agencies
having jurisdiction the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection.
C. Land Development Activities that cause stormwater runoff of the type listed in this
subsection shall provide, as applicable, Post -Construction Stormwater Runoff Controls:
1. Stormwater runoff from land development activities discharging a pollutant of
concern to an impaired water identified on the Department's 303(d) list of
impaired waters;
2. Stormwater runoff from land development activities discharging a pollutant of
concern to Total Maximum Daily Load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment;
3. Stormwater runoff from land development activities disturbing five (5) or more
acres; or
4. Stormwater runoff from land development activity disturbing between one (1) and
five (5) acres of land during the course of the project, exclusive of the
construction of single family residences and construction activities at agricultural
properties.
D. Post -Construction Stormwater Runoff Controls. SWPP's for Land Development
Activities listed in Paragraph C shall provide following water quantity and/or water
quality controls:
1. All information required by Paragraph B.
2. Description of each post -construction stormwater management practice;
3. Site map/construction drawing(s) showing the specific location(s) and size(s) of
each post -construction stormwater management practice;
4. Hydrologic and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms;
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5. Comparison of post -development stormwater runoff conditions with pre -
development conditions;
6. Dimensions, material specifications and installation details for each post -
construction stormwater management practice;
7. Maintenance schedule to ensure continuous and effective operation of each post -
construction stormwater management practice;
8. Maintenance easement(s), where required, 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; and
9. Inspection and maintenance agreement recorded and binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with §213-8 of this chapter.
E. The SWPPP shall be prepared by a landscape architect, certified professional in erosion
and sediment control, professional engineer, or other professional(s) deemed acceptable
by the NYSDEC 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 chapter.
F. 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.
G. Each contractor and subcontractor identified in the SWPPP and/or any successor or
substitute contractor or subcontractor 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 Stormwater Pollution Prevention Plan. I also understand that it is
unlawful for any person to cause or contribute to a violation of water quality standards."
Copies of these statements shall be delivered to the duly authorized municipal authority.
1. 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.
2. The certification statement(s) shall become part of the SWPPP for the land
development activity.
Proof that each contractor who will be involved in a land development activity has
obtained training and/or certification in proper erosion and sedimentation control
practices shall become part of the SWPPP for the land development activity.
H. 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.
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§ 213-7. 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:
A. For the purpose of this chapter, 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 chapter.' Copies of
the two manuals are on file in the office of the Stormwater Management Officer.
1. The Design Manual as defined in § 213-5.H.
2. The Erosion Control Manual as defined in § 213-5.J.
B. Where stormwater management practices are not in accordance with technical
standards, the owner, applicant or developer must demonstrate equivalence to the
technical standards set forth in this section and the SWPPP shall be prepared by a
certified professional in erosion and sediment control, professional engineer or other
professional(s) deemed acceptable by the NYSDEC.
C. 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.
§ 213-8. Maintenance, inspection and repair of stormwater facilities.
A. The owner, 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 chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has been reduced by
fifty (50) percent, and placed in an acceptable location and properly stabilized.
B. The owner, applicant, developer or their representative shall be on site at all times when
construction or grading activity takes place and shall maintain the effectiveness of all
erosion and sediment control practices unless all construction, demolition or grading
activity has ceased and the site has been stabilized to the satisfaction of the Stormwater
Management Officer.
C. Inspection shall be conducted and inspection reports shall be completed by a certified
professional in erosion and sediment control, professional engineer or other
professional(s) deemed acceptable by the NYSDEC every seven (7) days and within
twenty-four (24) hours of the conclusion of any storm event producing 0.5 inches of
precipitation or more. The reports shall be maintained in a site log book.
D. Prior to the issuance of any approval that has a stormwater management facility as one
of the requirements, other than one serving an individual single-family residence, the
' Editorial note: The New York State technical guidance documents may be ordered from New York State DEC. An order
form as well as downloadable versions of the Manuals are available on the Internet at:
http://www. dec. state.ny.us/website/dow/toolbox/escstandards/index.htm]
http://www.dos.state.ny.us/Igss/stormwaterpub/index.html
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applicant or developer must execute an easement that shall be binding on all subsequent
landowners served by the stormwater management facility. The easement shall be in a
form acceptable to the counsel to the Town and shall provide for access to the facility at
reasonable times for periodic inspection by the Town, or its designee, to ensure that the
facility is maintained in proper working condition to meet design standards and any
other provisions established by this chapter. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel for the Town.
E. The owner or operator of permanent stormwater management facilities or practices
installed in accordance with this chapter shall operate and maintain the stormwater
management practices to achieve the goals of this chapter. Proper operation and
maintenance also includes as a minimum, the following:
1. A preventive/corrective maintenance program for all critical facilities and systems
of treatment and control (or related appurtenances) which are installed or used by
the owner or operator to achieve the goals of this chapter.
2. Written procedures for operation and maintenance and training new maintenance
personnel.
3. Discharges from the SMPs shall not exceed design criteria or cause or contribute
to water quality standard violations in accordance with § 213-7.C.
F. Prior to the issuance of any final plan approval, the applicant or developer must execute
a formal maintenance agreement for stormwater management facilities, other than those
serving an individual single-family residence, binding on all subsequent landowners.
The maintenance agreement shall be in a form acceptable to Town Counsel and shall be
recorded in the office of the County Clerk as a deed restriction on the property. The
Town of Wappinger, 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 chapter and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
§ 213-9. Construction inspection, administration and maintenance.
A. In addition to the inspections required by § 213-8.C, the Stormwater Management
Officer may require such other inspections as necessary to determine compliance with
this law and may either approve that portion of the work completed or notify the
applicant wherein the work fails to comply with the requirements of this law and the
stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the
applicant shall notify Town enforcement officials at least forty-eight (48) hours before
any of the following as required by the Stormwater Management Officer:
1. Start of construction,
2. Installation of sediment and erosion control measures,
3. Completion of site clearing,
4. Completion of rough grading,
5. Completion of final grading,
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6. Close of the construction season,
7. Completion of final landscaping, or
8. Successful establishment of landscaping in public areas.
B. If any violations are found, the applicant and developer shall be notified in writing of
the nature of the violation and the required corrective actions. No further work shall be
conducted except for site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management Officer.
C. All applicants are required to submit "as built" plans for any stormwater management
facilities and 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 New York State licensed land surveyor and a professional
engineer.
D. Inspection programs may be established on any reasonable basis, including but not
limited to: routine inspections; random inspections; inspections based upon complaints
or other notice of possible violations; inspection of drainage basins or areas identified as
higher than typical sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than usual discharges of
contaminants or pollutants or with discharges of a type which are more likely than the
typical discharge to cause violations of state or federal water or sediment quality
standards or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater management practices.
E. The Stormwater Management Officer may require monitoring and reporting from
entities subject to this law as are necessary to determine compliance with this chapter.
F. When any new stormwater management facility is installed on private property or when
any new connection is made between private property and the public storm water
system, the landowner shall grant to the Town and other agencies having jurisdiction
the right to enter the property at reasonable times and in a reasonable manner for the
purpose of inspection.
G. Entities subject to this chapter shall maintain records demonstrating compliance with
this chapter.
§ 213-10. Performance guarantee.
A. In order to ensure the full and faithful completion of all land development activities
related to compliance with all conditions set forth by the Town in its approval of the
Stormwater Pollution Prevention Plan, the Town may require the applicant or developer
to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which guarantees
satisfactory completion of the project and names the Town as the beneficiary. The
security shall be in an amount to be determined by the Town based on submission of
final design plans, with reference to actual construction and landscaping costs. The
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performance guarantee shall remain in force until the surety is released from liability by
the Town, provided that such period shall not be less than one (1) 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 (1) year inspection
has been conducted and the facilities have been found to be acceptable to the Town.
Per annum interest on cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
B. Where stormwater management and erosion and sediment control facilities are to be
operated and maintained by the developer or by a corporation that owns or manages a
commercial or industrial facility, the developer, prior to construction, may be required
to provide the Town with an irrevocable letter of credit from an approved financial
institution or surety to ensure proper operation and maintenance of all stormwater
management and erosion control facilities both during and after construction based
upon the advice of the Town Engineer. If the developer or landowner fails to properly
operate and maintain stormwater management and erosion and sediment control
facilities, the Town may draw upon the account to cover the costs of proper operation
and maintenance, including engineering and inspection costs.
C. It shall be the primary responsibility of the landowner and the successor landowners to
perform all necessary inspections, maintenance, reporting, adjustments, repair,
replacement and reconstruction of the stormwater management facilities. If, at any time,
the Stormwater Management Officer determines that necessary inspections, reports,
maintenance, repairs, adjustments, replacement or reconstruction have not been
properly performed, the Town may undertake to perform any such work or work that it
finds, in its sole judgment, is necessary to preserve the stormwater management
functions of stormwater management practices (SMPs), at the cost and expense of the
landowner and the successor landowners. Copies of all bills, statements and invoices
substantiating such costs, including costs of consultants, shall be included with written
notice of same. Each lot shall individually and separately bear its equal share of such
costs and in the event that its share is not paid within thirty (30) days of issuance of
statements for this work, the amount of such share shall constitute a lien against such lot
which shall be levied and collected in the same manner as Town real estate taxes or in
such manner otherwise provided by law. The landowner and the successor lot
landowner shall be personally liable for payments of their respective shares of all such
costs, including costs of collection and reasonable attorney's fees.
§ 213-11. Enforcement.
A. When the Town determines that a land development activity is not being carried out in
accordance with the requirements of this chapter, it may issue a written notice of
violation to the landowner. The notice of violation shall contain:
1. The name and address of the landowner, developer or applicant;
2. The address when available or a description of the building, structure or land upon
which the violation is occurring;
3. A statement specifying the nature of the violation;
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4. A description of the remedial measures necessary to bring the land development
activity into compliance with this chapter and a time schedule for the completion
of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed; and
6. a statement that the determination of violation may be appealed to the Town by
filing a written notice of appeal within fifteen (15) days of service of notice of
violation.
B. The Town may issue a stop work order for violations of this chapter. Persons receiving
a stop work order shall be required to halt all land development activities and other
construction activities on the site, except those activities, approved by the Town, that
address the violations leading to the stop work order. The stop work order shall be in
effect until the Town confirms that the land development activity is in compliance and
the violation has been satisfactorily addressed. Failure to address a stop work order in a
timely manner may result in civil, criminal, or monetary penalties in accordance with
the enforcement measures authorized in this chapter.
1. Issuance of a stop -work order by the Town Engineer shall be as provided in
Section 85-14 of the Town Code. A stop -work order may be appealed by filing a
written notice of appeal with the Town Board not later than thirty (30) days after
service of the stop -work order upon the applicant. A hearing shall be scheduled
by the Town Board within twenty (20) days of receipt of request for a hearing.
After the close of the hearing, the Town Board may confirm, modify or cancel the
stop -work order.
2. The approving authority shall set forth, in writing, in the permit application file it
keeps its findings and reasons for revoking or suspending a permit pursuant to this
section.
C. Any land development activity that is commenced or is conducted contrary to this
chapter, may be restrained by injunction from a court of competent jurisdiction or
otherwise abated in any manner provided by this Chapter.
D. In addition to any penalty provided herein or by law, any person in violation of this
chapter may be required to restore land to its undisturbed condition and/or mitigate on-
site and off-site damage from stormwater runoff, sediment or pollutants resulting from
the violator's activities. In the event that restoration is not undertaken within a
reasonable time after notice, the Town may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
E. If any building or land development activity is installed or conducted in violation of this
chapter, no Certificate of Occupancy or Certificate of Compliance shall be issued for
said building(s).
§ 213-12. Penalties.
A. A violation of any provision of this chapter is considered an offense and a person is
subject to a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (1) of
the Code for a first offense;
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B. A conviction of a second offense of the provisions of this chapter, both of which were
committed within a period of five (5) years, is considered a violation subject to a fine
and/or a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (2);
C. A conviction for a third or subsequent offense all of which were committed within a
period of five (5) years, is consider a violation with a penalty of a period of
imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the
three as set forth in Chapter 122, Article V, Section 122-20 JJ (3) of the Code.
D. Each week's continued violation shall constitute a separate additional offense.
ARTICLE II. ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO
MUNICIPAL STORM SEWER SYSTEM
§ 213-13. Purpose and Objectives.
A. The purpose of this article is to provide for the health, safety, and general welfare of the
citizens of the Town of Wappinger through the regulation of non-stormwater discharges
to the municipal separate storm sewer system (MS4) to the maximum extent practicable
as required by federal and state law. This article establishes methods for controlling the
introduction of pollutants into the MS4 in order to comply with requirements of the
SPDES General Permit for Municipal Separate Storm Sewer Systems.
B. The objectives of this article are:
1. To meet the requirements of the SPDES General Permit for Stormwater
Discharges from MS4s, Permit No. GP -02-02 or as amended or revised;
2. To regulate the contribution of pollutants to the MS4 since such systems are not
designed to accept, process or discharge non-stormwater wastes;
3. Comply with the applicable Federal regulations for small Municipal Separate
Storm Sewer Systems (MS4) promulgated by the United States Environmental
Protection Agency pursuant to the Clean Water Act (33 U.S.C. § 1251 et seq.)
4. To prohibit illicit discharges and illicit connections to the MS4;
5. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter; and
6. To promote public awareness of the adverse environmental impacts and hazards
involved in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products, paint
products, hazardous waste, sediment and other pollutants into the MS4.
§ 213-14. Defmitions.
Whenever used in this chapter, unless a different meaning is stated in a definition applicable to
only a portion of this chapter, the following terms will have meanings set forth below:
A. 303(d) LIST — A list of all surface waters in the State for which beneficial uses of the
water (drinking, recreation, aquatic habitat, and industrial use) are impaired by
pollutants, prepared periodically by the New York State DEC as required by Section
W
303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams
that fall short of State surface water quality standards and are not expected to improve
within the next two years.
B. BEST MANAGEMENT PRACTICES (BMPs) — Schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or
reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters,
or stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
C. CLEAN WATER ACT — The Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), and any subsequent amendments thereto.
D. DESIGN PROFESSIONAL — A New York State licensed professional engineer or
architect.
E. CONSTRUCTION ACTIVITY — Activities requiring authorization under the SPDES
permit for stormwater discharges from construction activity, GP -02-01, as amended or
revised. These activities include construction projects resulting from land disturbances
of one or more acres. Such activities include but are not limited to clearing, grubbing,
grading, excavating and demolition.
F. EPA — United States Environmental Protection Agency.
G. HAZARDOUS MATERIALS — Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
H. ILLICIT DISCHARGE — Any direct or indirect non-stormwater discharge to the MS4,
except as exempted in § 213-17.B of this chapter.
I. ILLICIT CONNECTIONS — Any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the MS4, including but not limited
to:
1. Any conveyances which allow any non-stormwater discharge including but not
limited to treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connections to the storm drain system from indoor drains
and sinks, regardless of whether said drain or connection had been previously
allowed, permitted or approved by an authorized enforcement agency; or
2. Any drain or conveyance connected from a commercial or industrial land use to
the MS4 which has not been documented in plans, maps or equivalent records and
approved by an authorized enforcement agency.
J. INDUSTRIAL ACTIVITY — Activities requiring the SPDES permit for discharges
from industrial activities except construction, GP -98-03, as amended or revised.
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K. MS4 — Municipal Separate Storm Sewer System.
L. MUNICIPAL SEPARATE STORM SEWER SYSTEM — a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains):
1. Owned or operated by the Town of Wappinger;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2
M. NON-STORMWATER DISCHARGE — Any discharge to the MS4 that is not
composed entirely of stormwater.
N. NYSDEC — The New York State Department of Environmental Conservation.
O. PERSON — Any individual or individuals, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
P. POLLUTANT — Dredged spoil, filter backwash, solid waste, incinerator residue, treated
or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and
industrial, municipal, agricultural waste and ballast discharged into water, which may
cause or might reasonably be expected to cause pollution of the waters of the State in
contravention of the standards.
Q. PREMISES — Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking areas.
R. SPECIAL CONDITIONS —
1. Discharge Compliance with Water Quality Standards — The condition that applies
where the Town has been notified by the NYSDEC or the EPA that the discharge
of stormwater authorized under their MS4 permit may have caused or has the
reasonable potential to cause or contribute to the violation of an applicable water
quality standard. Under this condition, the Town must take all necessary actions
to ensure future discharges do not cause or contribute to a violation of water
quality standards.
2. 303(d) Listed Waters — The condition in the Town's MS4 permit that applies
where the MS4 discharges to a 303(d) listed water. Under this condition the
stormwater management program must ensure no increase of the listed pollutant
of concern to the 303(d) listed water.
3. Total Maximum Daily Load (TMDL) Strategy — The condition in the Town's
MS4 permit where a TMDL including requirements for control of stormwater
discharges has been approved by the EPA for a waterbody or watershed into
which the MS4 discharges. If the discharge from the MS4 did not meet the
TMDL stormwater allocations prior to September 10, 2003, the Town was
In
required to modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
4. The condition in the Town's MS4 permit that applies if a TMDL is approved in
the future by the EPA for any waterbody or watershed into which an MS4
discharges — Under this condition the Town must review the applicable TMDL to
see if it includes requirements for control of stormwater discharges. If an MS4 is
not meeting the TMDL stormwater allocations, the Town must, within six (6)
months of the TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
S. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) Stormwater
Discharge Permit — A permit issued by the NYSDEC that authorizes the discharge of
pollutants to waters of the State.
T. STORMWATER — Rainwater, surface runoff, snowmelt and drainage.
U. STORMWATER MANAGEMENT OFFICER (SMOs) — The Town of Wappinger
Director of Code Enforcement or his or her designees, and/or such other Town officers,
employees or consultants as designated by the Town. The Dutchess County
Department of Health presently is and shall continue to be the enforcement authority for
the design, repair, replacement and operation of individual sewage treatment systems
within the MS4.
V. TOTAL MAXIMUM DAILY LOAD (TMDL) — The maximum amount of a pollutant
to be allowed to be released into a waterbody so as not to impair uses of the water,
allocated among the sources of that pollutant.
W. TOWN — The Town of Wappinger, New York.
X. WASTEWATER — Water that is not stormwater, is contaminated with pollutants, and
is or will be discarded.
§ 213-15. Applicability.
This chapter shall apply to all water entering the MS4 generated on any developed and
undeveloped lands unless explicitly exempted by an authorized enforcement agency.
§ 213-16. Administration and enforcement.
The Stormwater Management Officer shall administer, implement and enforce the provisions of
this law. Such powers granted or duties imposed upon the SMO may be delegated by the SMO
as may be authorized by the Town.
§ 213-17. Illicit Discharges Prohibited
A. Prohibition of illicit discharges.
No person shall discharge or cause to be discharged or continue to discharge into the MS4 any
materials other than stormwater, except those discharges exempted by paragraph B below.
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B. Exempt Discharges.
The following discharges are exempt from discharge prohibitions established by this article,
unless the NYSDEC or the Town Board by resolution has determined them to be substantial
contributors of pollutants:
1. water line flushing or other potable water sources,
2. landscape irrigation or lawn watering,
3. existing diverted stream flows,
4. rising ground water,
5. uncontaminated ground water infiltration to storm drains,
6. uncontaminated pumped ground water,
7. foundation or footing drains,
8. crawl space or basement sump pumps,
9. air conditioning condensate,
10. irrigation water,
11. springs,
12. water from individual residential car washing,
13. natural riparian habitat or wetland flows,
14. dechlorinated swimming pool discharges,
15. residential street wash water,
16. water from fire fighting activities,
17. and any other water source not containing pollutants.
C. Discharges approved in writing by the SMO to protect life or property from imminent
harm or damage, provided that, such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further provided that such
discharges may be permitted for a specified time period and under such conditions as
the SMO may deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this article.
D. Dye testing in compliance with applicable State and local laws is an allowable
discharge, but requires notification to the SMO prior to the time of the test.
E. The prohibition shall not apply to any discharge permitted under a SPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the
authority of the NYSDEC, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge to the MS4.
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§ 213-18. Illicit Connections Prohibited
A. The construction, use, maintenance or continued existence of illicit connections to the
MS4 is prohibited.
B. This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
C. A person is considered to be in violation of this article if the person connects a line
conveying sewage to the Town's MS4, or allows such a connection to continue.
§ 213-19. Stormwater Contamination Prohibited
A. Activities that are subject to the requirements of this section include:
1. Activities that cause or contribute to a violation of the Town's MS4 SPDES
permit, or
2. Activities that cause or contribute to the Town being subject to the Special
Conditions as defined in § 213-14.R of this article.
B. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the Town's MS4 SPDES permit authorization, that person
shall take all reasonable actions to correct such activities such that he or she no longer
causes or contributes to violations of the Town's MS4 SPDES permit authorization.
§ 213-20. Use of Best Management Practices Required.
A. Where the SMO has identified illicit discharges as defined in § 213-14.H or activities
contaminating stormwater as defined in § 213-19, the Town may require
implementation of best management practices (BMPs) to control those illicit discharges
and activities.
1. The owner or operator of a commercial or industrial establishment shall provide,
at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the MS4 through the use of structural
and non-structural BMPs.
2. Any person responsible for a property or premise, which is, or may be, the source
of an illegal discharge as defined in § 213-14.H or an activity contaminating
stormwater as defined in § 213-19, may be required to implement, at said person's
expense, additional structural and non-structural BMPs to reduce or eliminate the
source of pollutant(s) to the MS4.
3. Compliance with all terms and conditions of a valid SPDES permit authorizing
the discharge of stormwater associated with industrial activity, to the extent
practicable, shall be deemed compliance with the provisions of this section.
B. Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris and other obstacles that would pollute, contaminate or significantly retard
the flow of water through the watercourse. In addition, the owner or lessee shall
maintain existing privately owned structures within or adjacent to a watercourse, so that
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such structures will not become a hazard to the use, function or physical integrity of the
watercourse.
§ 213-21. Suspension of Access to MS4.
A. Suspension Without Prior Notice.
The SMO may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, to the health or
welfare of persons, or to the MS4. The SMO shall notify the person of such suspension
within a reasonable time thereafter in writing of the reasons for the suspension. If the
violator fails to comply with the suspension order issued pursuant to this paragraph, the
SMO may take such steps as deemed necessary to prevent or minimize damage to the
MS4 or to minimize danger to persons.
B. Suspension after Notice of Illicit Discharge.
Any person discharging to the Town's MS4 in violation of this article may have their
MS4 access terminated if such termination would abate or reduce an illicit discharge.
The SMO will notify a violator in writing of the proposed termination of its MS4
access and the reasons therefor. The violator may petition the SMO for a
reconsideration and hearing. Access may be granted by the SMO if he/she finds that the
illicit discharge has ceased and the discharger has taken steps to prevent its recurrence.
Access may be denied if the SMO determines in writing that the illicit discharge has
not ceased or is likely to recur.
C. A person commits an offense if the person reinstates MS4 access to premises terminated
pursuant to this section, without the prior approval of the SMO.
§ 213-22. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said permit may be
required in a form acceptable to the Town prior to the allowing of discharges to the MS4.
§ 213-23. Access to Property; Inspection; Monitoring of Discharges.
A. Applicability. This section applies to all facilities that the SMO must inspect to enforce
any provision of this article, or whenever the authorized enforcement agency has cause
to believe that there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article.
B. Access to facilities.
1. The SMO shall be permitted to enter and inspect facilities subject to regulation
under this article as often as may be necessary to determine compliance with this
article. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the SMO.
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2. Facility operators shall allow the SMO ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records as
may be required to implement this article.
C. If the SMO has been refused access to any part of the premises from which stormwater
is discharged, and he/she is able to demonstrate probable cause to believe that there may
be a violation of this article, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program designed to verify compliance with this article
or any order issued hereunder, then the SMO may seek issuance of a search warrant
from any court of competent jurisdiction.
D. The Town shall have the right to set up on any facility subject to this article such
devices as are necessary in the opinion of the SMO to conduct monitoring and/or
sampling of the facility's stormwater discharge.
E. The Town has the right to require the facilities subject to this article to install
monitoring equipment as is reasonably necessary to determine compliance with this
article. The facility's sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the discharger at its own expense. All
devices used to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
§ 213-24. Notification of spills.
A. Notwithstanding other requirements of this article, as soon as any person responsible for
a facility or operation, or responsible for emergency response for a facility or operation
has information of any known or suspected release of materials which are resulting or
may result in illicit discharges or pollutants discharging into the MS4, said person shall
take all necessary steps to ensure the discovery, containment, and cleanup of such
release.
B. In the event of a release of hazardous materials into the MS4, any person responsible for
a facility or operation, or responsible for emergency response for a facility or operation,
shall immediately notify emergency response agencies of the occurrence via emergency
dispatch services.
C. In the event of a release of non -hazardous materials into the MS4, any person
responsible for a facility or operation, or responsible for emergency response for a
facility or operation, shall notify the Stormwater Management Officer in person or by
telephone or facsimile no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed to the Stormwater
Management Officer within three (3) business days of the telephone notice.
D. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three (3) years.
E. The provisions of this section shall be in addition to any other notifications required by
State and Federal law.
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§ 213-25. Notice of violation.
A. Notice of violation. When the Town's SMO finds that a person has violated a provision
of this article or failed to meet a requirement of this article, he or she may order
compliance by written notice of violation to the responsible person. Such notice may
require without limitation:
1. The elimination of illicit connections or illicit discharges;
2. That violating discharges, practices, or operations shall cease and desist;
3. The abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property;
4. The performance of monitoring, analyses, and reporting;
5. The amount of the potential fine; and
6. The implementation of source control or treatment BMPs.
B. If abatement of a violation and/or restoration of affected property is required, the notice
shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by the Town or a
contractor and the expense thereof shall be charged to the violator and shall constitute a
lien against the property.
§ 213-26. Corrective measures.
A. If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, then the SMO shall request the owner's permission for access to
the subject private property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
B. If refused access to the subject private property, the SMO may seek a warrant in a court
of competent jurisdiction to be authorized to enter upon the property to determine
whether a violation has occurred. Upon determination that a violation has occurred, the
SMO may seek a court order to take any and all measures reasonably necessary to abate
the violation and/or restore the property. The cost of implementing and maintaining
such measures shall be the sole responsibility of the discharger.
C. Within 10 days after abatement of the violation by, or under authorization of the SMO,
the owner of the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest with the Town
Board objecting to the amount of the assessment within 10 days of receipt of said
notice. If the amount due is not paid within 30 days after the disposition of any protests
or the expiration of the time to file an appeal, whichever is earlier, the charges shall
become a lien on the property for the amount of the assessment to be collected in the
same manner as real estate taxes.
§ 213-27. Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this article. If a person has violated or continues to violate the provisions of this
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article, the SMO may petition for a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the person to perform abatement or
remediation of the violation.
§ 213-28. Penalties for offenses.
A. A violation of any provision of this chapter is considered an offense and a person is
subject to a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (4) of
the Code for a first offense;
B. A conviction of a second offense of the provisions of this chapter, both of which were
committed within a period of five (5) years, is considered a violation subject to a fine
and/or a civil penalty as set forth in Chapter 122, Article V, Section 122-20 JJ (5);
C. A conviction for a third or subsequent offense all of which were committed within a
period of five (6) years, is consider a violation with a penalty of a period of
imprisonment of not to exceed 15 days, a fine, a civil penalty or any combination of the
three as set forth in Chapter 122, Article V, Section 122-20 JJ (6) of the Code.
D. Each week's continued violation shall constitute a separate additional offense.
§ 213-29. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this article is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
§ 213-30. Remedies not exclusive.
The remedies listed in this article are not exclusive of any other remedies available under any
applicable Federal, State or local law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
§ 213-31. Severability.
If any provision of this article shall be held for any reason to be invalid, such determination shall not
invalidate any other provision hereof.
Section -III: Amending "Chapter 122, FEES AND FINES."
"§ 122-20 is hereby amended by the addition of § 122-20 JJ to read as follows:"
HH. Chapter 213 Municipal Stormwater Management.
1. § 213-12 A., civil penalty:
(a) Minimum: $ 500.00
(b) Maximum: $ 1,000.00
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2. § 213-12 B., fine:
(a) Minimum: $ 250.00
(b) Maximum: $ 500.00
§ 213-12 B., civil penalty:
(c) Minimum: $ 750.00
(d) Maximum: $ 1,500.00
3. § 213-12 C., fine:
(a) Minimum: $ 500.00
(b) Maximum: $ 2,000.00
§ 213-12 C., civil penalty:
(c) Minimum: $ 1,500.00
(d) Maximum: $ 5,000.00
4. § 213-28 A., civil penalty:
(a) Minimum: $ 100.00
(b) Maximum: $ 300.00
5. § 213-28 B., fine:
(a) Minimum: $ 250.00
(b) Maximum: $ 750.00
§ 213-28 B., civil penalty:
(c) Minimum: $ 750.00
(d) Maximum: $ 1,500.00
6. § 213-28 C., fine:
(a) Minimum: $ 500.00
(b) Maximum: $ 2,000.00
§ 213-28 C., civil penalty:
(c) Minimum: $ 1,500.00
(d) Maximum: $ 5,000.00
26
Section -IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the
Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter", "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or the
provisions of the Code effected thereby.
Section -V: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
27
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.
WAPPINGER
7
of 20 07 of
the (County)(City)(Town)(Village) of was duly passed by the
Town Board on June 11th, 20 07 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
(repassed after disapproval) by the
on 20 -and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 -and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (speciai)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
(Name of Legislative Body) on 20 _, and was (approved)(not approved)
(repassed after disapproval) by the on 20 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, was finally adopted in the manner indicated in
paragraph 1 , above.
Clerk of unty legis) ive body, City, Town or Village Clerk or
officer de ated by loc legislative body
(Seal) Date. &IIS" (0-1
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Town Attorney
Title
County
Cityof
Town
Village
Date:
Wappinger
DOS -239 (Rev. 05/05) Page 3 of 3