Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW 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. .^f ,
Bi^oi^ FILED
l'!^ FEB : 9 2008
Local Law No. i of the year 2 0 ^ § & ^T.vrc i ^ ^ ^
A local law amending CHAPTER 230 entitied "ZONING" by adding to Section 230-20, Article IV,
District,(2) Ws^g'^Allowed, (b) Planning Board Site Plan Approcal, adding [111 Instructional Facility
Supplemental Regulations, a new Subdivision to be entitled "D. Stormwater Management and
Erosion & Sediment Control" to the Code of the Town of Clay.
Beitenactedbythe Town Board ^^^^^
(Name of Legislative BochO
of as foUows:
Town
y>jy^@^x
S E E ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev, 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the flling ofthis local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
2 08
I hereby certify that the local law annexed hereto, designated as local law No. ± of 20 -of
the (County)(City)(Town)(Village) of Town Of Clay was duly passed by the
Town Board on Januarv 23, ?o08 in accordance with the applicable
(Name ofLegislative body)
provisions oflaw.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
ChiefExecutivc 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
on 20. , and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the (Elective ChiefExeculive and was deemed duly adopted
Ojficer*)
on 20 , in accordance with the applicable provisions oflaw.
3. (Final adoption by 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
on .20 ,, and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Execulive Officer*)
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 quahfied electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions oflaw.
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. of20. .of
the (County)(City)(Town)(Village) of was duly passed by the
on .20 ,, and was (approved)( not approved)
(Name of Legislative Body-)
(repassed after disapproval) by the on. 20 Such local
(Elective ChiefExeculive 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 oflaw.
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 ofthe county legislative body, the mayor of a city or village, or the super\'isor of a town where such officer is vested with the
power to approve or veto loca] laws or ordinances.
DOS-239 {Rev. 11/99) 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 ofsection 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, and was finally adopted in the manner
indicated in paragraph 1 , above. / * /) WT/^
Clerk oTthe counly legislative body. City, Town or Village Clerk or
officer designated bv local legislative body
VIVIAN i ; MASON, TOWN CLERK
(Seal) Date: February 8th, 2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW Y O R K
COUNTY OF ONONDAGA
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 heretc^.^^
ROBERT M. GERMAIN
RNEY
Title
^^o^_CLAY
Town
Date:
DOS-239 (Rev. 11/99) Page 3 of 3
LOCAL LAW NO. 2 OF
THE YEAR 2008 TOWN OF CLAY
Local Law No. 2 of the Year 2008 amending CHAPTER 230, entitled
"ZONING" by adding to Section 230-20, Article IV, Supplemental
Regulations a new Subdivision to be entitled "D. Stormwater
Management and Erosion & Sediment Control" to the Code of the
Town of Glay-
IT IS ENACTED by the Town Board of the Town of Clay, County of
Onondaga as foiiows:
SECTION 1. Amending Chapter 230 entitled "ZONING" by adding a
new Subdivision to be entitled "D. Stormwater Management and
Erosion & Sediment Control" to the Code of the Town of Clay. The
purpose of this local law is to comply with the requirements of the
SPDES General Permit for Municipal Separate Storm Sewer Systems.
Said Local Law is to read as follows:
See attached Local Law
The Town Board called public hearing on December 3rd, 2007 for December 17'\ 2007.
Town Board held and completed pubiic hearing on December n*"", 2007
Town Board approving resolution passed on January 23rd, 2008.
Local Law No. 1 of the Year 2008 as approved by Town Board sent to Dept. of State on February 11th, 2008.
On received letter from Dept. of State with notification of date filed being .
§ 230-20D ZONING § 230-20D(2)
ARTICLE IV
Supplemental Regulations
§ 230-20 Land Uses and Structures.
D. Stormwater Management and Erosion & Sediment Control
(1) Purpose. The purpose of this local law 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
findings of fact in §230-20 D (3) hereof. This local law seeks to meet those purposes
by achieving the following objectives:
a) Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit no. GP-02-02 or as amended or revised;
(b) Require land development activities to conform to the substantive requirements
of the NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-02-01 or as amended or revised;
(c) Minimize increases in stormwater runoff from land development activities in
order to reduce flooding, siltation, increases in stream temperature, and
streambank erosion and maintain the integrity of stream channels;
(d) Minimize increases in pollution caused by stormwater runoff from land
development activities which would otherwise degrade local water quality;
(e) Minimize the total annual volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable; and
(f) 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.
(2) Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law
of the State of New York, the Town of Clay has the authority to enact local laws and
amend local laws and for the purpose of promoting the health, safety or general
welfare of the Town of Clay and for the protection and enhancement of its physical
environment. The Town of Clay may include in any such locai law provisions for the
appointment of any municipal officer, employees, or independent contractor to
effectuate, administer and enforce such local law.
§ 230.200(3) CLAYCOOE § 230.20D4(a)
(3) Findings of Fact. 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 and grading during construction tends to increase soil erosion and add to
the loss of native vegetation necessary for terrestrial and aquatic habitat;
(d) Improper design 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 municipality;
(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.
(4) Applicability.
(a) This loca! law shall be applicable to all land development activities as defined in
§230-20 D (6).
§ 230-200(4) ZONING § 230-20D(5)(h)
(b) The municipality shall designate a Stormwater Management Officer who shall
accept and review all stormwater pollution prevention plans and forward such
plans to the applicable municipal board. The Stormwater Management Officer
may (1) review the plans, (2) upon approval by the Town Board of the Town of
Clay, engage the services of a registered professional engineer to review the
plans, specifications and related documents at a cost not to exceed a fee
schedule established by said governing board, or (3) accept the certification of a
licensed professional that the plans conform to the requirements of this law.
(c) All land development activities subject to review and approval by the Planning
Board and the Town Board of the Town of Clay under subdivision, site plan,
and/or special permit regulations shall be reviewed subject to the standards
contained in this local law.
(d) All land development activities not subject to review as stated in section (c) above
shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP) to
the Stormwater Management Officer who shall approve the SWPPP if it complies
with the requirements of this law.
(5) Exemptions. The following activities may be exempt from review under this law.
(a) Agricultural activity as defined in this local law.
(b) Silvicultural activity except that landing areas and log haul roads are subject to
this law.
(c) Routine maintenance activities that disturb less than five acres and are performed
to maintain the original line and grade, hydraulic capacity or original purpose of a
facility.
(d) Repairs 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 Clay on or before the effective date of this law.
(f) Land development activities for which a building permit has been approved on or
before the effective date of this law.
(g) Cemetery graves.
(h) (h)lnstallation of fence, sign, telephone, and electric poles and other kinds of
posts or poles.
§ 230-20D(5)(i) CLAY CODE § 230-200(6)
(i) Emergency activity immediately necessary to protect life, property or natural
resources.
(j) Activities of an individual engaging in home gardening by growing flowers,
vegetable and other plants primarily for use by that person and his or her family.
(k) Landscaping and horticultural activities in connection with an existing structure.
(6) Definitions: The terms used in this § 230-20 or In documents prepared or reviewed under
this section shall have the following meaning:
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. Applicant - a property owner or agent of a property owner who has filed an application for a land development activity. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing - any activity that removes the vegetative surface cover. Dedication - the deliberate appropriation of property by Its owner for general public use. Department - the New York State Department of Environmental Conservation Design Manual - the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. Developer - a person who undertakes land development activities. Erosion Control Manual - the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book". Grading - excavation or fill of material, including the resulting conditions thereof. Impervious Cover - those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Stormwater Permit - a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries, which regulates the pollutant levels, associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration - the process of percolating stormwater into the subsoil. Jurisdictional Wetland - an area that Is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity - construction activity including clearing, 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. § 230-20D(6) ZONING § 230-20D(6)
Landowner - the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. 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. Phasing - clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project - land development activity Recharge - the replenishment of underground water reserves. Sediment Control - measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. Silviculture- the cultivation of forest trees; forestry. 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. 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 Stabilization - the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which requires that all construction activity on a site be stopped. Stormwater - rainwater, surface runoff, snowmelt and drainage Stormwater 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. 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. Stormwater Management Facility - one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer - an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. Stormwater Management Practices (SMPs) - measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. § 230-200(6) CLAY CODE § 230-20D(7)(b)[1][d]
Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff - flow on the surface of the ground, resulting from precipitation Surface Waters of the State of New York - lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to 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. Watercourse - a permanent or intermittent stream or other body of water, either natural or man- made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. (7) Stormwater Pollution Prevention Plans
(a) Stormwater Pollution Prevention Plan Requirement
No application for approval of a land development activity shall be reviewed until the
appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP)
prepared in accordance with the specifications in this local law.
(b) Contents of Stormwater Pollution Prevention Plans
[1] All SWPPPs shall provide the following background information and erosion and
sediment controls:
[a] Background information about the scope of the project, including location,
type and size of project.
[b] Site map/construction drawing(s) for the project, including a general location
map. At a minimum, the site map should show the total site area; all
improvements; areas of disturbance; areas that will not be disturbed; existing
vegetation; on-site and adjacent off-site surface water(s); 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); site map must
be at a scale of 1" = 100' or larger.
[c] Description of the soil(s) present at the site;
[d] 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
§ 230-20D(7)(b)[1][d] ZONING § 230-20D(7)(b)[2]
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.
[e] 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;
[f] 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;
[g] 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 cleahng and grubbing to project closeout;
[h] A site map/construction drawing(s) specifying the location(s), size(s) and
length(s) of each erosion and sediment control practice;
[i] Dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary
sediment basins;
[j] Temporary practices that will be converted to permanent control measures;
[k] 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;
[m] Name(s) of the receiving water(s);
[n] Delineation of SWPPP implementation responsibilities for each part of the
site;
[o] 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
[p] Any existing data that describes the stormwater runoff at the site.
[2] Land development activities as defined in §230-20 D. (6) of this Article and
meeting Condition "A", "B" or "C" below shall also include water quantity and
water quality controls (post-construction stormwater runoff controls) as set forth In
[3] below as applicable:
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 the impairment.
§ 230-20D(7)(b)[2] CLAY CODE § 230-20D(7)(b)[3]
Condition B - Stormwater runoff from land development activities disturbing
five (5) or more acres.
Condition C - 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.
[3] SWPPP Requirements for Condition A, B and C:
[a] All information in §230-20 D 7(b)[1] of this local law.
[b] Description of each post-construction stormwater management practice.
[c] Site map/construction drawlng(s) showing the 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 pre-
development 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.
[1] Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with §230-20 D 9(d) of this local law.
0] For Condition A, the SWPPP shall be prepared by a landscape architect,
certified professional or professional engineer 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 local law.^
Revised 3/06 - formerly Section 2.3. This section was moved under Section 2.2.3 to more closely meet the New York
State requirements for Condition A in Section 2.2.2. The NY SPDES General Permit for Stormwater Runoff from
Constmction Activities (GP-02-01) requires that SWPPPs be prepared by a licensed professional for land development
activities discharging a pollutant of concem to an impaired water identified on the Department's 303(d) list of impaired
waters or to a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been
identified as a source of the impairment.
§ 230-20D(7)(c) ZONING § 230-20D(8)(a)[1]
(c) Other Environmental Permits
The applicant shall assure that all other applicable environmental permits have been or
will be acquired for the land development activity prior to approval of the final
stormwater design plan.
(d) Contractor Certification
[1] 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 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."
[2] 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.
[3] The certification statement(s) shall become part of the SWPPP for the land
development activity.
(e) 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.
(8) Performance and Design Criteria for Stormwater Management and Erosion and
Sediment Control. Al! land development activities shall be subject to the following
performance and design criteria:
(a) Technical Standards
For the purpose of this local law, 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 law:
[1] The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its
successor, hereafter referred to as the Design Manual)
§ 230-20D(8)(a)[2] CLAY CODE § 230-20D(9)(a)[2]
[2] New York Standards and Specifications for Erosion and Sediment Controi,
(Empire State Chapter of the Soil and Water Conservation Society, 2004, 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, the applicant or developer must demonstrate equivalence to the technical
standards set forth In §230-20 D (8)(a)[1] and the SWPPP shall be prepared by a
licensed professional.
(c) Water Quality Standards
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.
(9) Maintenance, Inspection and Repair of Stormwater Facilities^
(a) Maintenance and Inspection During Construction'*
[1] The applicant or developer of the land development activity or their representative
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 local
law. Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by fifty (50) percent.
[2] For land development activities as defined In §230-20 D. (6) of this Article and
meeting Condition A, B or C in §230-20 D 7(b)(2), the applicant shall have a
qualified professional conduct site inspections and document the effectiveness of
all erosion and sediment control practices every 7 days and within 24 hours of
any storm event producing 0.5 inches of precipitation or more. Inspection reports
shall be maintained in a site logbook.^
"Added 3/06 to ensure that the local law addresses the New York State requirement for applicants to demonstrate through
preparation by a licensed professional that stormwater management practices that are not prepared in accordance with
NYSDEC technical standards will work in the field to prevent soil erosion and maintain water quality.
^ Revised 3/06 to add the word "Inspection" to the title to more closely reflect the content of the section.
" Revised 3/06 to add the word "Inspection" to the title to more closely reflect the content of the section.
^ Revised 3/06. This clause was rewritten to more closely meet the New York State requirements for Conditions A, B and
C in Section 2.2.2. The NY SPDES General Permit for Stormwater Runoff from Construction Activities (GP-02-01)
requires that inspections be conducted every 7 days and within 24 hours of any storm event producing 0.5 inches of
precipitation or more for all projects that are required to prepare full SWPPPs as stated in Conditions A, B and C, and to
copy such reports to a site log book.
10
§ 230-20D(9)(b) ZONING § 230-20D(9)(d)
(b) Drainage Easement(s)
Prior to the issuance of any approval that has a stormwater management facility as one
of the requirements, the applicant or developer must execute a drainage easement
agreement that shall be binding on all subsequent landowners served by the
stormwater management facility. The easement shall provide for access to the facility
at reasonable times for periodic Inspection by the Town of Clay to ensure that the
facility is maintained In proper working condition to meet design standards and any
other provisions established by this local law. The easement shall be recorded by the
grantor in the office of the County Clerk after approval by the counsel for the Town of
Clay.
(c) Maintenance after Construction
The owner or operator of permanent stormwater management practices installed in
accordance with this law shall ensure they are operated and maintained® to achieve the
goals of this law. 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 law.
[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 §230-20 D (8)(c).
(d) Maintenance Agreements
The Town of Clay shall approve a formal maintenance agreement for stormwater management
facilities binding on all subsequent landowners and recorded in the office of the County Clerk as
a deed restriction on the property prior to final plan approval. The maintenance agreement shall
be consistent with the terms and conditions of Schedule B of this local law entitled Sample
Stormwater Control Facility Maintenance Agreement. The Town of Clay, 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 local law and
Includes adequate and perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
Revised 3/06 to correct a grammatical error.
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§ 230-20D(10)(a)[2] CLAY CODE § 230-200(11)(a)[8]
(10) Severability and Effective Date
(a) Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local
law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or
clause of this local law.
(b) Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of State.
Approved by: Date
(11) Construction Inspection
(a) Erosion and Sediment Control Inspection
The Town of Clay Stormwater Management Officer may require such 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 the Town of Clay enforcement official at least 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] Compietion of rough grading
[5] Completion of final grading
[6] Close of the construction season
[7] Completion of final landscaping
[8] Successful establishment of landscaping in public areas.
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.
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§ 230-200(11 )(b) ZONING § 230-20D(12)(a)
(b) Stormwater Management Practice Inspections
The Town of Clay Stormwater Management Officer is responsible for conducting inspections of
stormwater management practices (SMPs). All applicants are required to submit "as bullf plans
for any stormwater management practices located on-site after final construction is completed.
The plan must show the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
(c) Inspection of Stormwater Facilities After Project Completion
Inspection programs shall be established on any reasonable basis, including but not limited to:
routine inspections; random inspections; inspections based upon complaints or other notice of
possible violations; inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections of businesses or industries
of a type associated with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to cause violations of state
or federal water or sediment quality standards or the SPDES stormwater permit; and joint
Inspections with other agencies inspecting under environmental or safety laws. Inspections may
include, but are not limited to: reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater management practices.
(d) Submission of Reports
The Town of Clay Stormwater Management Officer may require monitoring and reporting from
entities subject to this law as are necessary to determine compliance with this law.
(e) Right-of-Entry for Inspection
When any new stormwater management facility is installed on private property or when any new
connection is made between private property and the public storm water system, the landowner
shall grant to the Town of Clay the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection as specified in paragraph (c) above.
(12) Performance Guarantee
(a) Construction Completion Guarantee
In order to ensure the full and faithful completion of all land development activities related to
compliance with all conditions set forth by the Town of Clay in Its approval of the Stormwater
Pollution Prevention Plan, the Town of Clay 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 of Clay as the beneficiary. The security shall be in an amount to be
determined by the Town of Clay based on submission of final design plans, with reference to
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§ 230-200(12)(a) CLAY CODE § 230-20D(13)(a)[6]
actual construction and landscaping costs. The performance guarantee shall remain in force
until the surety is released from liability by the Town of Clay, provided that such period shall not
be less than one year from the date of final acceptance or such other certification that the
facility(ies) have been constructed in accordance with the approved plans and specifications and
that a one year Inspection has been conducted and the facilities have been found to be
acceptable to the Town of Clay. Per annum interest on cash escrow deposits shall be
reinvested in the account until the surety is released from liability.
(b) Maintenance Guarantee
Where stormwater management and erosion and sediment control facilities are to be operated
and maintained by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required to provide the Town of
Clay with an irrevocable letter of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and erosion control facilities
both during and after construction, and until the facilities are removed from operation. If the
developer or landowner fails to properly operate and maintain stormwater management and
erosion and sediment control facilities, the Town of Clay may draw upon the account to cover
the costs of proper operation and maintenance, including engineering and inspection costs.
(c) Recordkeeping
The Town of Clay may require entities subject to this law to maintain records demonstrating
compliance with this law.
(13) Enforcement and Penalties
(a) Notice of Violation.
When the Town of Clay determines that a land development activity is not being carried out in
accordance with the requirements of this local law, 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;
[4] A description of the remedial measures necessary to bring the land development activity
into compliance with this local law 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;
[6] A statement that the determination of violation may be appealed to the municipality by filing
a written notice of appeal within fifteen (15) days of service of notice of violation.
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§ 230-20D(13)(b) ZONING § 230-200(14)
(b) Stop Work Orders
The Town of Clay may issue a stop work order for violations of this law. Persons receiving a
stop work order shall be required to halt all land development activities, except those activities
that address the violations leading to the stop work order. The stop work order shall be in effect
until the Town of Clay 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 local law.
(c) Violations
Any land development activity that is commenced or is conducted contrary to this local law, may
be restrained by injunction or otherwise abated in a manner provided by law.
(d) Penalties
In addition to or as an alternative to any penalty provided herein or by law, any person who
violates the provisions of this local law shall be guilty of a violation punishable by a fine not
exceeding three hundred fifty dollars ($350) or imprisonment for a period not to exceed six
months, or both for conviction of a first offense; for conviction of a second offense both of which
were committed within a period of five years, punishable by a fine not less than three hundred
fifty dollars nor more than seven hundred dollars ($700) or Imprisonment for a period not to
exceed six months, or both; and upon conviction for a third or subsequent offense all of which
were committed within a period of five years, punishable by a fine not less than seven hundred
dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed
six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial
officers generally, violations of this local law shall be deemed misdemeanors and for such
purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional violation.
(e) Withholding of Certificate of Occupancy
If any building or land development activity is installed or conducted in violation of this local law
the Stormwater Management Officer may prevent the occupancy of said building or land.
(f) Restoration of lands
Any violator may be required to restore land to its undisturbed condition. In the event that
restoration Is not undertaken within a reasonable time after notice, the Town of Clay may take
necessary corrective action, the cost of which shall become a lien upon the property until paid.
(14) Fees for Services
The Town of Clay may require any person undertaking land development activities regulated by this law to pay
reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by
the Town of Clay or performed by a third party for the Town of Clay.
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SCHEDULE A
Stormwater IVlanagement Practices Acceptable for Water Quality
{From: New York State Stormwater Management Design Manual, Table 5.1)
Group Practice Description
Micropool Extended Pond that treats the majority of the water quality volume through extended
Detention Pond (P-1) detention, and incorporates a micropool at the outlet of the pond to prevent
sediment resuspension.
Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the
permanent pool.
Wet Extended Detention Pond that treats a portion of the water quality volume by detaining storm
Pond (P-3) flows above a permanent pool for a specified minimum detention time.
Pond
Multiple Pond System A group of ponds that collectively treat the water quality volume.
(P-4)
Pocket Pond (P-5) A stormwater wetland design adapted for the treatment of runoff from small
drainage areas that has little or no baseflow available to maintain water
elevations and relies on groundwater to maintain a permanent pool.
Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh.
Extended Detention A wetland system that provides some fraction of the water quality volume by
Wetland (W-2) detaining storm flows above the marsh surface.
Pond/Wetland System A wetland system that provides a portion of the water quality volume in the
(W-3) permanent pool of a wet pond that precedes the marsh for a specified
Wetland minimum detention time.
Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small
drainage areas that has variable water levels and relies on groundwater for
its permanent pool.
Infiltration Trench (1-1) An infiltration practice that stores the water quality volume in the void
spaces of a gravel trench before it is Infiltrated into the ground.
Infiltration Basin (1-2) An infiltration practice that stores the water quality volume in a shallow
Infiltration depression before it is infiltrated into the ground.
Dry Well (1-3) An infiltration practice similar in design to the infiltration trench, and best
suited for treatment of rooftop runoff.
Surface Sand Filter (F-1) A filtering practice that treats stormwater by settling out larger particles in a
sediment chamber, and then filtering stormwater through a sand matrix.
Underground Sand Filter A filtering practice that treats stormwater as it flows through underground
(F-2) settling and filtering chambers.
Filtering Perimeter Sand Filter (F- A filter that incorporates a sediment chamber and filter bed as parallel vaults
Practices 3) adjacent to a parking lot.
Organic Filter {F-4) A filtering practice that uses an organic medium such as compost in the filter
in place of sand.
Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix,
and is returned to the storm drain system.
Dry Swale (O-l) An open drainage channel or depression explicitly designed to detain and
Open promote the filtration of stormwater runoff into the soil media.
Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water or
Intercept groundwater for water quality treatment.
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Schedule B
STORMWATER CONTROL FACILITY
MAINTENANCE AGREEMENT
WHEREAS, the Town of Clay ("Municipality") and the ("facility owner") want to enter into an
agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the
Municipality for the below named project, and
WHEREAS, the Municipality and the facility owner desire that the stormwater control measures be built in accordance
with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in
order to ensure optimum performance of the components. Therefore, the Municipality and the facility owner agree as
follows:
1. This agreement binds the Municipality and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for ali expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five-year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Municipality within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures.
5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Municipality. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Municipality or tn accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Municipality within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of (a Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Onondaga together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to . 9. If ever the Municipality determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Municipality or by the inspecting engineer, the Municipality is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective .
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