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HomeMy WebLinkAbout2007-12- 13TB 12 -13 -07 TOWN OF DRYDEN TOWN BOARD MEETING December 13, 2007 Present: Supv Steven Trumbull, Cl David Makar, Cl Martin Christofferson, Cl Stephen Stelick, Jr., Cl Mary Ann Sumner Elected Officials: Bambi L. Hollenbeck, Town Clerk Jack Bush, Highway Superintendent Other Town Staff: Mahlon R. Perkins, Attorney Henry Slater, Zoning Officer David Putnam, TG Miller Engineers Dan Kwasnowski, Environmental Planner Kevin Ezell, Zoning Officer Supv Trumbull opened the meeting at 7:05 p.m. and led board members and audience in the pledge of allegiance. PUBLIC HEARING - PROPOSED LOCAL LAW HIGHWAY SPECIFICATIONS FOR NEW TOWN HIGHWAYS Supv Trumbull opened the public hearing at 7:07 p.m. and Town Clerk read the notice published in The Ithaca Journal, Highway Superintendent Jack Bush said he was in favor of the proposed local lain. Atty Perkins said this finally codifies what has been loosely used for years as specifications. It has been developed in light of the Phase I1 Stormwater Regulations because it requires attention to that in detail. With respect to the actual road, it does not change significantly the width of the road or construction costs, but does require things like stabilization of disturbed areas during construction, etc. No public comment was received, and the hearing was left open at 7:10 pm. PUBLIC HEARING - PROPOSED LOCAL LAW STORMWATER MANAGEMENT, EROSION AND SEDIMENT CONTROL AND AMENDMENTS TO CERTAIN OTHER RELATED ORDINANCES AND LOCAL LAWS INCLUDING ZONING ORDINANCE AMENDMENTS, SUBDIVISION RULES AND REGULATIONS AMENDMENTS AND LOCAL LAW #S -2000 PROVIDING FOR REIMBURSEMENT BY DEVELOPERS OF EXPENSES INCURRED BY THE TOWN IN CONNECTION WITH STORMWATER POLLUTION PREVENTION PLANS Supv Trumbull opened the public hearing at 7:10 p.m. Atty Perkins explained that adoption of the Stormwater Management Law is mandated by the State to implement the Phase II Stormwater Regulations. This local law was developed with the aid of the Conservation Board and is generally based on a state template. It has been modified in certain places to adapt it to the Town of Dryden's particular situations. A comparable lace addressing illegal discharges and illicit connection to the MS4, which is the Town's responsibility, will be introduced tonight. The Stormwater law addresses ®developers and people who are building homes, putting in driveways and disturbing ground areas that exceed the thresholds set forth in the local law. It requires simple stabilization for most projects. Most: of the time the Zoning Office will simply provide a sample of what is expected. For Wage I of 77 ftftrAw (p► TB 12 -13 -07 • larger projects, including subdivisions, the construction of roads, etc, we have both the highway specifications and this law that will address the erosion control on the site. All of this is filtered down from the State finally enforcing the provisions of the United States Clean Water Act. There are amendments proposed to both the Zoning Ordinance to address the adoption of this local law, and the Subdivision Rules and Regulations to address the adoption of this. There is also an amendment to Local Law #S of 2000, which is where developers are required to reimburse the Town for expenses the Town incurs in reviewing their proposed plans and other things, including inspections. The local law and all amendments will have to be adopted, and the board will have to make a SEQR determination. Cl Sumner said she thinks this is a great law and she learned a lot helping to put it together. The main point of the law is to help people who are building learn better practices. Dan Kwasnowski said everyone worked hard and did a good job and hopefully it rolls out smoothly. There were no comments from the public. D Kwasnowski said he had received a letter from Cornell University (board members have a copy) and he responded to that. All drafts were available on the website. There was a lot of public participation from the various boards and special committee and a public meeting. FIRE DEPARTMENTS No report. CITIZENS PRIVILEGE Cheryl Nelson, 477 Groton Road, said she raised four issues last month and wondered what the status of any discussion on those was. The issues were: 1) Raising the Supervisor's salary to a full time salary; 2) Possible contract for additional police patrol on highways in the Town; 3) The tracking of councilperson's hours; and 41 Consideration of a paid fire department. Supv Trumbull said those things had not been discussed. C Nelson said she noticed that Resolution # 170 authorized the Supervisor to sign an agreement with Hunt Engineers for a sewer study. She wondered what the connection might be between that contract and Joe Solomon, and whether his position at Hunt Engineers is a conflict of interest. Supv Trumbull said that J Solomon did not work on that study, and Cl Stelick said the study had been completed. C Nelson asked whether the process for those four questions mould move forward. Cl Sumner made a note of the questions. Don Scutt, Palmear Road, thanked the board for the time they put in on the public's behalf and thanked those leaving for the time they have served. He said they have done a wonderful job and quite often go unnoticed. He noted that Supv Trumbull has somewhere around 40 years of public service in making a difference in the Town of Dryden, as a school teacher and as Oadministrator for the Town. He assured Supv Trumbull that he had indeed made a difference in someone's life. Page 2 of 77 TB 12 -13 -07 ® HIGHWAY /DPW DEPARTMENT Highway Superintendent Jack Bush thanked Cl Christofferson and Supv Trumbull for the service on the board and to the Town. He said the teamwork and cooperation was important to him and some great things have been accomplished. J Bush provided board members with a list of the road work that has been accomplished this year. While preparing this list and comparing it with the §284 Agreement he discovered that somehow the amended agreement that was signed in June did not have the correct listing. After a brief discussion, the board agreed the work that was done was as intended in June. RESOLUTION # 192 - APPROVE AMENDED §284 AGREEMENT Cl Sumner offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the amended §284 Agreement. 2nd Supv Trumbull Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes J Bush explained there had been a situation with a culvert replacement procedure on the trail between Weber Street and Keith Lane. During the procedure a significant amount of water was lost Ofrom the swamp between the trail and Route 38. DEC was notified by a resident. They contacted the DPW and the situation was quickly rectified. DEC did however levy a$200 penalty. Atty Perkins added that DEC was convinced it was a totally unintentional act and was very pleased with the promptness of the DPW's response and the fix they came up with, which was better than DEC had anticipated. RESOLUTION #193 - ADD VOUCHER TO F: *l11:7Th! Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the addition to the December Abstract of the amount of $200 to be paid to the NYS Department of Environmental Conservation, 2nd Cl Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes ADOPTION OF LOCAL LAWS Supv Trumbull closed the public hearing on the Local Law for Specifications for New Highways in the Town and the Board reviewed the Short Environmental Assessment Form. RESOLUTION # 194 - NEG SEQR DEC - HIGHWAY SPECIFICATIONS LOCAL LAW IV Cl Christofferson offered the following resolution and asked for its adoption: Page 3 of 77 T13 12 -13 -07 WHEREAS, A. The proposed action involves consideration of adoption of a local law entitled " A Local Law Establishing Specifications for New Highways in the Town of Dryden." B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of the New York State Environmental Conservation Law - the State Environmental Quality Review Act "(SEQR), (i) thoroughly reviewed the Short Environmental Assessment Form (the "Short EAF"), Part I, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of emrironmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) completed the Short EAR, Part II; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EAF, Part 1, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the Short EAF, Part 1I, including the findings noted thereon (which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance ( "Negative Declaration ") in accordance with SEQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution. 21141 Sumner Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION #195 - ADOPT LOCAL LAW #3 OF 2007 ESTABLISHING SPECIFICATIONS FOR NEW HIGHWAYS IN THE TOWN OF DRYDEN Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the proposed local laws referred to "A local law Establishing Specifications for New Highways in the Town of Dryden" as follows: Page 4 of 77 TB 12 -13 -07 ® Section 1. There is hereby adopted and established a set of specifications for new town highways, as hereinafter defined: TABLE QE CONTENTS Page A. Design Specifications 1. Definitions ................................................................................................ ..............................2 Sao 2. General ...................................................................................................... ..............................3 B. Material Specifications 1. Geotextile Materials..,,.,. ......... 0 ......... 1011, ... 1.101,16 .... got ... 16 2. Subbase Course Material ........................................................................ ..............................7 3. Base Course Material.............................................................................. ..............................7 4. Beddint; Stone......................................................................................... ..............................7 bas 51 Drainage Stone..,,. ... 6. Bank. Run Gravel .................................................................................... ..............................7 Sao 7. Cushion Sand .......................................................................................... ..............................7 84 Select Fill ................................................................................................ ..............................8 Sao 9. Rip-Rap. I I I . . d I I 1 1 4 1 1 1 . . d a 6 0 a 4 4 a . . 4 * 0 . . . 4 4 . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . 8 10. Bituminous Materials ...................... all 1.1. Highway Culverts ................................................................................... ..............................8 12. Drainage Inlets and Manholes ................................................................ ..............................8 OC. Construction Specifications 1. 2. Highway Roadbed Embankment ............................................................................ ..............................9 Excavation ................................................................................ ..............................9 3. 4. 5. 6. 7. sas 8. all sas 9. Disposal of Unsuitable and Excess Excavated Material.,. ..... * ............. oe,&@Oa ... 04#&@,os ..... Roadbed Subbase Course.. I I I I I . . . . . . . . . . . . . . . a , . a 4 , 6 a . 4 . 6 . , 4 . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . . Roadbed Base Course ............................................................................ .............................10 Shoulders ................................................................................................ .............................10 Roadbed Pavement ................................................................................. .............................11 Roadbed Drainaye ................................................................................... .............................11 Landscaping ............................................................................................. .............................12 1 0 D. Quality Assurance 1. General .................................................................................................... .............................12 2. Submittals ............................................................................................... .............................13 3. Compaction ............................................................................................ .............................13 4. Inspections .............................................................................................. .............................13 all 51 " Tolerances ............................................................................................... .............................14 bas boa 6. Protection ................................................................................................ .............................14 7. Performance Bond /Letter of Credit/Escrow Account, a . . . . 14 sas Attachment No. 1 - Driveway Culvert and Drainage Policy Attachment No. 1, Figure No.I - Typical Driveway Culvert Installation Attachment No. 2 - Inspection Schedule for Proposed Town Highways Page 5 of 77 TB 12 -13 -07 Figure No. 1 - Typical Highway Cross Section Figure No. 2 - Highway Section with Gutter or Curb Figure No. 3 — Details Figure No. 4 - Typical Turn-A -Round A. DESIGN SPECIFICATIONS 1. Definitions: a. AASHTO —shall stand for the American Association of State Highway and Transportation Officials. b. ASP — shal I stand for Aluminized Steel Pipe. c. Approval of the Town — shall mean the approval in'writing by the *Foven Highway Superintendent. d. ASTM — shall stand for ASTM International, originally known as the American Society for Testing and Materials. e. Culvert — shall mean any structure whether of single or multiple span construction with an interior width of five feet or less. f. Guiderail — shall mean a rail that serves to guide vehicle movement in the right direction or to control the sideways movement of a vehicle. g. HDPE — shall stand for High Density Polyethylene Pipe h. Highway — shall mean all land encompassing highways constructed, improved, and dedicated or conveyed to the Town and (after such dedication or conveyance) maintained by the Town and shall include all necessary sluices, drains, ditches, swales, waterways, embankments, retaining walls, bridges on such highway (and under the jurisdiction and control of the 'Town) and culverts, and the approaches of any such bridge or culvert (beginning at the back of the abutments). The term does not include sidewalks or boardwalks or renewals thereof. i. Job -Mix Design —shall mean the selection of proportions of ingredients to make the most economical use of available materials to produce a material mix of the required properties. j. Material Test Reports —shall mean the reporting of the properties of a substance in comparison with a standard or specification. k. Modified Proctor — shall mean the maximum dry density of a soil determined in accordance with ASTM Standard 171557. I. NYCRR — shall stand for the official compilation of Codes; Rules, and Regulations of the State of New York. m. NYSDEC — shall stand for the New York State Department of Environmental Conservation. n. NYSDOT —shall stand for the New York State Department of Transportation. o. Product Data Sheet — Shall mean printed documentation detailing the specifications of a product. Page 6 of 77 TB 12 -13 -07 ® p. RCP — shall stand for Reinforced Concrete Pipe. q. Road — shall mean the portion of the highway, improved, designed, or ordinarily used for vehicular travel, inclusive of.'the shoulder. r. Roadbed — shall mean the portion of the highway, improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. s. Shop Drawing — shall mean a scale drawing to be used as a design guide in the workshop of a manufacturer. t. Towrn — shall ref.'er to the Town of Dryden. U, Town Superintendent — shall mean the town superintendent of highways. V. Travel lane —shall mean that portion of the roadbed located between the centerline and shoulder. w. UL — shall stand for Underwriters Laboratory x. Work — shall mean the entire construction or the various separately identifiable parts thereof re- quired to be provided. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction. 2. General: a. These specifications shall apply to all new highway construction in the Town outside of the OVillages of Dryden and Freeville when such highway is proposed to be dedicated or conveyed to the Town with the future maintenance thereof to be the obligation of the Town. b. Highways shall be a minimum of 60 feet in width. Highways shall intersect each other at. between 80 and 90 degrees. The minimum radius for intersecting highways shall be 25 feet. Wider highways may be required where deep cuts and fills, safety issues, pedestrian facilities, bicycle facilities or special maintenance needs exist. Additional widths may also be required adjacent to drainage structures, or where there is potential for future traffic growth. All improvements shall be centered in the highway. Exceptions will be allowed only with the written approval of the Town. Highways may be constructed in pre - existing widths narrower than 60 feet, which were reserved for this purpose. There shall be no obstructions to a clear line of sight, such as trees, bushes, buildings, fences, etc. within the highway. c. Total roadbed width and shoulders shall be a minimum of 30 feet. Total roadbed width for two - lane highways shall be 20 feet and shoulder widths shall be 5 feet. Refer to Figure No. 1 — "Typical Highway Cross - Section ". Figure No. I indicates the minimum material thicknesses. Depending on the future use of the street the Town may require greater thicknesses. In rock cut sections, the baekslope beyond the highway shall be a minimum of 1:1. d. Geometric design features for local highways should be consistent with a minimum design speed of 30 mph. The design for all other highways shall be appropriate for the use intended and must be approved by the "Gown. e. Where superelevation is required the cross slope of the roadbed shall not exceed 8 percent. ® f. Stopping sight distance shall be in accordance with AASHTO Standards but no less than 300 feet (back from the intersection). Page 7 of 77 TB 12 -13 -07 0 g. The minimum radius for horizontal and vertical curves shall be 150 feet and 100 feet, respectively. The minimum radius for intersecting edges of shoulder and roadbed shall be 40 and 45 feet respectively. h. Highway culverts: i) Shall be a minimum of 18 inches in diameter for AST' and 15 inches in diameter for smooth interior FIDPE or RCP unless hydraulic calculations by a licensed Professional Engineer indicate otherwise. Culverts shall have a minimum of 15 inches of approved material covering them. ii) Culverts shall be placed in natural waterways and low points in the roadbed grade. Where culverts cross the roadbed, the top of culvert shall not extend above the elevation of the roadbed subgrade. iii) All culverts shall be installed with end sections at the inlet and outlet. See Paragraph B,l,m,ii in Material Specifications for the type to be installed for each pipe type. iv) Culverts with inverts deeper than 4 feet below the road shoulder or roadside grades greater than 3:1 will require guiderail to be installed as approved by the Town. Guiderail shall be designed in accordance with NYSDOT Standards. Guiderail sections of less than 150 feet shall be Box Beam Guiderail. v) All culverts and buried drainage pipe shall have a minimum slope of 0.5 percent. vi) All buried drainage pipe inverts shall be a minimum of 2.5 feet and a maximum of 8 feet isdeep below the roadbed. vii) Refer to Attachment No. 1 — "Driveway Culvert and Drainage Policy" for Specifications relating to driveway culverts. i. Perforated underdram pipe, wrapped in geotextile fabric, may be required by the Town for low wet areas, where side hill seepage is encountered or in any other area where groundwater will impair the integrity of the roadbed. Refer to Figure No. 3 — "Details ". j. All dead -end highways shall terminate with a turn-a- round. Refer to Figure No. 4 —,Typical Turn -A- Round ". k. Swales: i) Shall be designed to the minimum dimensions shown on Figure No. 1 and have a grade of between I and 10 percent. ii) Dry rip rap, of the weight and diameter required by the NYSDEC "Guidelines for Urban Erosion & Sediment Control ", latest edition, shall be provided in all swales with grades exceeding 5 percent and shall extend up the slopes of the swale to the elevation of the 10- year rainfall event. iii) The centerline of all open grassed swales must be a minimum ten feet from the outside edge ® of the roadbed. The depth of the swales shall be a minimum of two feet and a maximum of four feet deeper than the outside edge of pavement. Page 8 of 77 Tl3 12 -13 -07 iv) A concrete swale may be utilized in place of a grassed Swale only with the approval of the Town. If either cannot meet the grade requirements, an alternate design may be submitted for consideration. v) The side slopes of an open swale shall not be greater than 3:1. The Town may require steeper slopes for cuts in rock, or steep hill cuts. 1. Where subsurface storm drainage, curbed sections, concrete gutters or paved swales are proposed, provisions for drainage of the road sub -base will be required. Refer to Figure No. 2 . "Road Section with Gutter or Curb". The highway drainage design shall be approved by the Town prior to the start of construction. M, Construction Documents shall be signed and sealed by a New York State licensed Professional Engineer and submitted to the Town for consideration. No construction shall begin until the plans are approved by the Town. Documents shall include as a minimum: i) Stormwater Pollution Prevention Plan consistent with NYSDEC GP-02 -01 and all Town local laws. ii) Erosion and Sediment Control Plan consistent with all 'Town local laws. iii) Highway layout plans and centerline profiles. iv) Highway cross sections every 50 feet. Sections to include depth of sub -base, base distance from edge of roadbed to bottom of open swale, and depth of open swale from edge of shoulder. Ov) Utility plans and profiles of all below ground utilities including highway culverts, closed drainage systems, sanitary sewers and water mains. vi) Construction details of all components of the work. vii)Technical specifications for all products proposed for use in the work. n. Water mains and sanitary sewers located on Town property must be designed in accordance with the Town's specifications and must be approved by the Town prior to acceptance. Water mains and sanitary sewers shall be constricted within the Highway limits (with the exception of crossings) in the backslope of the Swale, not in the shoulders or roadbed area. o. Cable, phone, electric, and gas utilities shall be installed outside of the Highway line with the exception of crossings. p. The developer, at the developer's expense, will correct any deviation from the approved plans and specifications. The developer is also responsible to obtain and pay for all permits required by any local, State or Federal agency. Copies of all permits shall be submitted to the Town prior to beginning construction. y. Highway Cuts: i) No open cutting of a roadbed will be permitted after placement of a top course except as approved in writing by the Town. ii) Repairs of Highway Cuts: Asphalt paved and surface treated roads shall be repaired to the ® full depth of the highway section per Figure No. 1. Fill material below the subbase shall be bank run gravel or select on site fill material approved by the Town prior to disturbance. Page 9 of 77 TB 12 -13 -07 r. Waivers: Waivers from any of these specifications, to the extent permitted by other laws and unless specifically delegated to a Town officer elsewhere in these specifications, shall be granted only by the Town in writing prior to taking any action. s. In addition to the highway dedication map, As- Constructed Drawings shall be provided and include the following: i) Centerline plan and profile ii) Location and inverts of all water mains, water valves, hydrants, water services with curb box, sanitary sewer mains, manholes, sanitary laterals, storm sewers, drainage inlets, driveway culverts and highway culverts. iii) Edge of pavements and swale centerlines B. MATERIAL SPECIFICATIONS 1. Geotextile Materials: a. Available Manufacturers: Subject to compliance with product specifications, manufacturers offering products that may be incorporated in the work include, but are not limited to, the following: i) Amoco Fabrics and Fibers Co. ii) Hoechst Celanese Corp. iii) Nicolon Mirafi Group b. Drainage Fabric: Nonwoven geotextile specifically manufactured as a drainage geotextile; made from polyolefins, polyesters, or polyamides; and with the following minimum properties determined according to AS`hM D 4759 and referenced standard test methods: Property Puncture Resistance (lb.) Tear Strength (lb) Grab Tensile Strength (lb.) Apparent Opening Size (sieve) Water Flow Rate (gpm/sl) Value 50 40 110 50 150 c. Soil Stabilization Fabric: Woven or nonwoven fabric consisting of continuous chain polymeric filaments or yarns of polyester with the following certifiable property values: Property Minimum Value Test Method Puncture Strength 125 lbs. ASTM D751 Page 10 of 77 TB 12 -13 -07 0 (Mod.) Mullen Burst Strength 430 psi ASTM D3786 Grab Tensile Strength 220 lbs. ASTM D1682 Equivalent Opening Size 40 -80 1_lS Std. Sieve (sieve) 2. Subbase Course Material: Evenly graded bank -run gravel which is sound, durable, free of other deleterious materials and free of boulders in excess of 3 inches along the longest dimension with no more than 8 percent by weight finer than the No. 200 sieve. 3. Base Course Material: Naturally or artificially graded crushed bank -run stone or crushed gravel, which is sound, durable and free of organic and other deleterious material. Material shall have a Plasticity Index of 5 or less for material passing No. 40 sieve, shall have less than 20 percent loss based on the NYSDOT Magnesium Sulfate Soundness Test (STM 1I) and gradation conforming to the following limits: Percent Passing by Weight Sieve Size 100 2" 30 -65 'A11 O 5 40 No. 40 0 -8 No. 200 4. Bedding Stone: Clean, sound, durable, sharp - angles fragments of rock of uniform quality and conforming to NYSDOT Material Designation 703 -0201, Size Designation No. 1. 54 Drainage Stone: Clean, sound, durable, sharp - angled fragments of rock of uniform quality and conforming to NYSDOT Material Designation 703 -0201, Size Designation No. 2. 6. Bank Run Gravel: Shall be approved by the Town subject to a sieve analysis from the source of supply. It shall be sound, durable, and free of organic or other deleterious material with no more than 10 percent by weight finer than the No. 200 sieve and material exceeding 6 inches in the largest dimension. 7. Cushion Sand: Clean, hard, durable, uncoated particles, free from lumps of clay and all deleterious substances conforming to the following limits of gradation when dry: Percent Passing by Weight Sieve Size 100 1/4 inch Oto35 0 to 10 No. 50 No. 100 8. Select Fill: Imported or excavated on -site sand, loam, or clay material free from organic material and debris. Material to be unfrozen and containing only small amounts of rock not exceeding 6 inches in the largest dimension. Page 11 of 77 TB 12 -13 -07 9. Rip -Rap: Sharp - angled fragments of rock of unif'onn quality and conforming to NYSDOT Figure 620 -1, Stone Filling Gradation Requirements and Table 620 -2. 10. Bituminous Materials: a. Hot -mix Asphalt Concrete: Must meet the requirements specified in NYSDOT Standard Specifications, 401 -2.01 through 401 -2.06 for the material and composition of the following courses. i) Asphalt Concrete - Type 3 Binder (Item No. 403.13). ii) Asphalt Concrete - Type 7 Top (Item No. 403.16). b. Brack Coat: Must meet the requirements specified in NYSDOT Standard Specifications for asphalt emulsion for tack coat, Material Designation 702 -90. c. Bituminous Joint and Crack Filler: Must meet the requirements specified in NYSDOT Standard Specifications for miscellaneous asphalt cements, Material Designation: 702 -0700. 11. Ilighway Culverts: a. Highway culverts used in the construction of Town roads shall be ASP, HDPE or RCP meeting the requirements of sections 706 and 707 of the NYSDOT Standard Specifications, current addition as amended. Refer to Attachment No. l — "Driveway Culvert and Drainage Policy" for Specifications relating to driveway culverts. b. Flared -End Sections: ASP — Galvanized, with toe plate; HDPE— Galvanized, with toe plate, one size larger than the pipe diameter; RCP— Precast Concrete. 12, Drainage Inlets and Manholes: a. Drainage Inlets: Reinforced pre -cast concrete drainage inlets in accordance with ASTM C478. AASHTO HS -2044 design loading. Shape and inside dimensions in accordance with requirements shown on Drawings. Base and riser sections to have a minimum 6 inch thickness and lengths as necessary to meet invert and rim elevations. b. Manholes: Reinforced pre -case concrete manholes in accordance with ASTM C478. Utilize rubber -O- rings for jointing between sections. Copolymer polypropylene encapsulated steel manhole steps, in accordance with ASTM C478, spaced at 12 inches on center and formed integral with manhole section. Align steps with eccentric riser section, clear inside dimension 48 inches. c. Frames and Grates: Heavy duty cast iron. Uniform quality, close grained, free from blow holes, shrinkage, cracks and other defects. Plugging of defective castings not permitted. Grates to seat in any position without rocking. d. Grade Rings: Pre -cast concrete only. C. CONSTRUCTION SPECIFICATION'S 1. I-liphway Embankment: Page 12 of 77 T13 12 -13 -07 ® a. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow, strip, or break up sloped surfaces steeper than one (1) vertical to four (4) horizontal so that fill material will bond with existing surface. i) When existing ground surface has a density less than that specified break up ground surface, pulverize, moisture condition to optimum moisture content, and compact to required depth and percentage of maximum density b. Place select fill material to subgrade elevations in maximum 8 -inch horizontal lifts. Adjust the moisture content of embankment fill to within 2 percent of optimum by either air - drying or addition of water prior to compaction. Spread wet embankment fill in 8 inch loose lift and disc to expedite air drying. Remove rock particles larger than 4 inches. c. Ifon -site soils are not available, a well graded bank run gravel shall be imported. d. Compact embankment fill to or above 95 percent `Modified Proctor' maximum density with a smooth drum roller, or other sufficient compaction equipment, weighing at least 7 tons and operating in the vibratory mode. e. Slope the subgrade as shown on Figure No. 1 — "Typical Highway Cross= Section". Proof-roll the final subgrade to avoid ponding of surface water. Proof rolling shall be accomplished with a smooth drum roller weighing at least 30 tons and operating in the vibratory mode. Any settlement or movement of the subgrade ahead of or under the roller that indicates a potential soft area will require removal and replacement with suitable compacted granular material. 2. Roadbed Excavation: a. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface. Excavate subsoil to the depth required to provide a uniform surface of solid and undisturbed ground for the placement of aggregate subbase course. b. Excavate swales, if applicable, to the minimum depth shown below the centerline finish grade elevation. c. Where the bottom of the roadbed excavation is found to be unstable or to include deleterious material, which in the judgment of the Town should be removed, excavate and remove and backfill the over- excavation with compacted base course material. d. Compact the subgrade to or above 95 percent `Modified Proctor' density with a smooth drum roller, or other sufficient compaction equipment, weighing at least 30 tons. Operate compactor in the static mode for compaction of silty soils and in the vibratory mode for soils containing larger fractions of sand and gravel. e. Slope the subgrade as shown on Figure No. t — "Typical Highway Cross - Section". Proof -roll the final subgrade to avoid ponding of surface water. Proof rolling shall be accomplished with a smooth drum roller weighing at least 30 tons and operating in the vibratory mode. Any settlement or movement of the subgrade ahead of or under the roller that indicates a potential soil area will require removal and replacement with suitable compacted granular material. ®f. Install underdrains wherever groundwater seepage is encountered or in low, wet areas. 3. Disnosal of Unsuitable and Excess Excavated Material: Page 13 of 77 TB 1243 -07 a. Load, remove, and dispose of all unsuitable and excess excavated material. Cover all loads leaving the site and using public highways. b. Construction debris, trash, and any other objectionable solid waste regulated by 6 NYCRR Part 360, will not be permitted to be buried on the project site. 4. Roadbed Subbase Course: a. Prior to placing the geotextile fabric and aggregate subbase course, verify that the Highway Superintendent has observed proof rolling of the subgrade. b. Place the geotextile fabric on prepared subgrade across the width of the roadbed and lap in accordance with manufacturer's instructions. Remove any rocks or debris from subgrade surface that could puncture the fabric. c. Lap drainage fabric with stabilization fabric where underdrains are indicated to be installed. d. Place subbase course material in layers of uniform thickness, conforming to indicated cross - section and thickness. Maintain grades, elevations, cross - slopes and optimum moisture content for compaction. e. Compact subbase course to 95 percent `Modified Proctor' maximum dry density with a smooth drum compactor weighing at least 30 tons and operating in the vibratory mode. Use mechanical tamping equipment in areas inaccessible to drum compactor. When a compacted subbase O course is indicated to be more than 6 inches thick, place material in equal layers, except no single layer shall be more than 6 inches or less than 3 inches in thickness when compacted f. Slope the subbase course to provide drainage of surface water to swales as shown on Figure No. 1 — "Typical Highway Cross - Section ". Proof-roll the final subbase course material with a fully- loaded, ten- wheeled dump truck weighing at least 18 tons prior to placing asphalt concrete pavements. 5. Roadbed Base Course: a. Prior to placing the base course material, verify that the Highway Superintendent has observed proof rolling of the subbase course. Proof rolling shall be conducted in the same manner as for the subgrade. b. Place base course material in layers of uniform thickness, conforming to indicated cross - section and thickness. Maintain optimum moisture content for compaction. When a compacted subbase course is indicated to be more than 6 inches thick, place material in equal layers, except no single layer more than 6 inches or less than 3 inches thickness when compacted. C. Compact base course to 95 percent `Modified Proctor' maximum dry density. d. Slope the base course to provide drainage of surface water to swales as shown on Figure No. 1 — "Typical Highway Cross - Section ". Proof-roll the final base course material with a fully - loaded, ten - wheeled dump trick weighing at least 18 tons prior to placing asphalt concrete pavements. ® b. Shoulders: a. The construction of the shoulders shall conform to the same requirements as the construction of the sub - grade, sub -base course, and base course. The shoulders will be constructed at the same Page 14 of 77 "f•B 12 -13 -07 time as the roadbed, utilizing the same material, placement and lift requirements. The final course will be of two layers: a binder with a minimum of 2.5 inches and a top coat with a minimum of 1.5 inches to cover the base and bring the level of the shoulder to the level of the pavement. 7. Roadbed Pavement: a. Prior to paving, verify that the Highway Superintendent has observed proof rolling of the base course. Proof rolling shall be conducted in the same manner as for the subgrade. Prior to paving, the base course shall be brought to line and grade conforming to the cross - section and profile as shown on the plans any voids or settlements shall be filled and compacted to grade with base course material. i) Written approval of the base by the Highway Superintendent is required before placement of the Binder. There will be a minimum of 14 days between the placement of the binder and the top unless otherwise approved by the Highway Superintendent. Placement of pavement will not be allowed when the ambient air temperature is below 60 degrees F or above 95 degrees F. ii) The surface shall be free from irregularities to provide a reasonably smooth and uniform surface to receive the bituminous concrete material. Unstable corrugated areas shall be removed and replaced with base material. Manhole covers, drop inlets, catch basins, curb and any other structure within the roadbed area shall be protected against the application of the bituminous concrete material. iii) Two layers are required: a binder and a top course. The binder will be a minimum of 2.5 inches and the top a minimum 1.5 inches. Placement of the materials will be consistent with the NYSDO7" "Standard Specifications for Construction and Materials ", latest edition. 8. Roadbed Drainage: a. Bedding: For storm sewer pipe, place bedding stone at trench bottom across entire width of trench in such thickness that a minimum of 6 inches will be under the bottom of the pipe. For underdrain tubing, place a minimum of 4 inches of bedding stone beneath the invert. Place balance of aggregate encasement to depth and width shown on the Drawings. b. Pipe and "Tubing: i) Install corrugated polyethylene plastic pipe and couplings in accordance with manufacturer's instructions. Install plastic perforated pipe, in accordance with ASTM D2321 and manufacturer's instructions. Lit I or roll pipe in position. Do not drop or drag pipe over prepared bedding. Lay pipe at down- stream end and progress upstream true to grades and alignment with unbroken continuity of the invert. Begin work at existing catch basin if applicable. iii) Shore pipe to required position; retain in place until after compaction of adjacent fills. Ensure pipe remains in correct position and to required slope. iv) Lay pipe to invert elevations shown on Drawings. Do not displace or damage pipe when compacting. c. Drainage Inlets and Manholes: Page 15 of 77 TB 12 -13 -07 i) Place pre -cast concrete drainage inlets and manholes on leveled bedding stone and at required elevation to maintain pipe invert elevations shown on Drawings. ii) Install pipe flush with the inside face ol" drainage inlet and manhole wall. Seal voids between pipe and knockout with cement grout inside and outside of drainage inlet. ill) Do not begin back-filling until cement grout seal is completely set. iv) Maintain drainage by installing frame and grate flush with temporary finished grade and bring to final elevation at time of paving with pre -cast concrete grade ring and grout frame permanently in place. v) Mount frame level in grout to required elevations and secured to top of drainage inlet. Align inlet frames to match the line of curbing. Set grate in frame and correct deficiency in casting such that grate will seat in position without rocking. vi) Verify installation of manhole steps to avoid conflict with inlet and outlet pipes. y. Landscaping a. Preparation of Subgrade for Landscaped Areas: i) Limit preparation to areas that will be planted in immediate future. ii) Loosen subgrade to a minimum depth of inches. Remove stones larger than I -1 /2 inches in any dimension and sticks, roots, and rubbish. iii) Provide subgrade with an even, smooth surface ready to receive topsoil. b. All disturbed natural areas within the highway or proposed drainage easements shall be restored with a minimum 2 inches of topsoil and reseeded with a grass mixture compatible with the surrounding enviroiunent. c. For late fall construction and prior to winter, seed rough graded areas with a temporary conservation mix of winter rye, winter wheat and annual ryegrass. d. No trees or shrubs shall be planted in the highway without prior written approval from the Town. Any trees or shrubs planted in the highway become the property of the Town. e. All areas out of the paved area must be provided with an established ground cover approved by the Town. D. QUALITY ASSURANCE 1. General: a. Subgrade, subbase and base shall not be laid in excess of 500 lineal feet without being rolled and thoroughly compacted. b. Copies of all invoices for material used in the construction of the roadbed and roadbed drainage structures must be provided to the Highway Superintendent. c. Highways and above and below grade improvements therein shall be guaranteed against defects and poor workmanship for a period of two years from the time of acceptance by the Town. Page 16 of 77 T13 12 -13 -07 d. Provide UL certificate for any repairs made to underground electric services damaged by Developer operations. e. Prior to acceptance by the Town, the Developer shall deliver to the Tow2i a complete release of all liens arising out of the construction of the improvements proposed to be dedicated or conveyed to the Town, or receipts showing payment in full thereof, and if required in either case, an affidavit that so far as the Developer has personal knowledge or information, the releases and receipts include all labor and materials for which a lien could be filed. 2. Submittals: a. Material Source for Roadbed Subbase and Base Course: i) Submit name and address of imported aggregate material suppliers. Provide materials from the same source throughout the construction. Change of source requires approval by the Town. ii) Submit the following test reports directly to the Highway Superintendent: (1) Analysis of aggregate materials performed in accordance with AS`I "M C136 and within past three months. b. Asphalt Pavements: i) Provide Product Data Sheets for each product specified. Include technical data and tested physical and performance properties. ii) Provide Job -Mix iaesigns for each_job mix proposed for the Work. iii) Shop Drawings: Indicate pavement markings, lane separations, and defined parking spaces. Indicate dedicated handicapped spaces with international graphics symbol. iv) Material Test Reports: indicate and interpret test results for compliance of materials with requirements indicated. v) Material Certificates: Provide certificates signed by manufacturers certifying materials comply with specifications. c. Drainage Products: i) Provide Product Data Sheets for storm sewer pipe and tubing. ii) Shop Drawings: Include plans, elevations, details, and attachments for the following: (1) Precast concrete manholes and drainage inlets, including frames, covers, and grates. (2) Cast -in -place concrete manholes and other structures, including frames and covers. 3. Compaction: a. Will meet 95 percent of maximum density and within 2 percent ± optimum moisture content. ® b. The developer will pay for verification of compaction by an independent testing agency. The testing agency must have a New York State licensed Professional Engineer on staff to certify Page 17 of 77 T'B 12 -13 -07 the results. Compaction tests will be at the discretion of the Town or their representative and the number of test locations will average approximately one site per 100 feet of highway. c. If tests indicate Work does not meet specified requirements, remove Work, replace, compact, and retest. d. Seal compacted till surfaces at the end of each construction day. Slope grade such that surface water will not pond adjacent to original excavation. 4. Inspections: a. Schedule inspections of the highway construction in accordance with Attachment No.2 — "Inspection Schedule for Proposed Town Highways ". Notify the Highway Superintendent a minimum of 24 hours in advance of each inspection. Such inspection by the Town Highway Superi itendent, or designated representative, does not obligate the Town to accept the highway upon offering for dedication nor relieves the builder and/or Developer fiom complying with the requirements of these specifications. b. The developer is required to coordinate with the Highway Superintendent for inspection before and after applying topsoil, seeding and mulching. The developer, at the developer's expense, will correct any deviation from the approved plans and specifications. c. Inspect interior of drainage pipe and culverts to determine wrliether line displacement or other damage has occurred. Make inspection after pipe or culvert has been installed and backfill is in place, and again at completion of work. If inspection indicates poor alignment, displaced or collapsed pipe, or other defect, correct such defect and re- inspect. 5. 'Tolerances: a. Excavation for Utility Structures and 'Trenches: Within plus or minus 2 inches. b. Top Surface of Backfilling: Within plus or minus l inch. c. "Cop Surface of Base Course: Within 1/2 inch. Cross -slope within 114 inch when measured with a 10 foot straightedge. d. Maximum Variation from Intended Elevation of Culvert Invert: 112 inch. e. Maximum Offset of Pipe from True Alignment: 3 inches. f. Maximum Variation in Profile of Storm Structure from Intended Position: 118 percent. 6. Protection: a. Protect excavations by methods required to prevent cave -in or loose soil from falling into excavation. b. Protect bottom of excavations and soil adjacent to and beneath structures, from freezing. C. Protect, support and maintain all underground and surface structures to remain and other obstructions encountered. Restore structures which may have been disturbed. d. Encase all existing underground gas, electric, telephone, and cable utilities exposed during construction in cushion sand during backfilling of excavated areas. Page 18 of 77 TB 12 -I M7 e. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape and compact to required density prior to .further construction. f. Where settling is measurable or observable at excavated areas during warranty period, remove surface, add back-fill material, compact and replace bitununous concrete material. 7. Performance Bond /Letter of Credit/Escrow Account: a. The Town may, at its discretion, require a performance account in a form acceptable to the Town Attorney and Board. This security is for the purpose of insuring that the Town to complete infrastructure improvements regi with the plans and approvals in the event the developer to the Town. bond, letter of credit or an escrow in an amount established by the Town sufficient funds are available to enable iired of the development in conjunction fails to complete work to be dedicated b. Retainage in the amount of such credit may be held by the Town until one year following installation of final top course or acceptance of the road by the Town, whichever is later. c. The As- Constructed Drawings certified by a New York State licensed Professional Engineer must be provided prior to release of any security held by the Town. Page 19 of 77 TB 12-13'07 ATTACHMENT NOm I — 1) RIVEWAY C U LV CRT AND DRAINAGE POLICY A. N'2W C ULVERTS (for now ponies and lots) 1, The Highway Department will determine the size of the culvert to be used. 2. Pipe to be used i5 ASP or smooth interior HDPE with a miiumuni size of 15 inches for ASP and 12 inches for I-IDPE, 3_ Culvert pipe to have galvanized end sections on both ends with the end sections for the HDPE pipe one size larger than the pipe being installed. 4. Culvert pipes to be provided and installed by the property owner or contractor in accordance with Attachment Info, 1 Figure No ] - "Typical Driveway Culvert Installation "_ S. All driveways sloped toward the highway are to be built to prevent water from runrrIng out into the highway. , Upon receipt of a completed dri veway application the Highway Superintendent will issue a written permit to the property owner or contractor_ The Zoning Office must have a copy of the pennit prior to issuing a building permit_ 7. The completed installation must meet the Highway Superintendent's approval. B. EXISTING DRJVWAY CULVERTS (replacements 1, It is the property owner's responsibility to keep the culvert pipe clear of sticks and other debris. 2, If the Town deterrtmines problems exist with respect to an existing driveway culvert pipe the property owner will be given 30 days notice that the property owner should rep] ace the culvert pipe (ifthe pipe is collapsing or rusted out and creating a problem. with the water flow in the sale). If a culvert is plugged and can't be flushed out it may have to be replaced. 3. Culverts to ha %+e a minimum diameter of 15 inches for ASP and 12 inches for HDP) . 4, Property owners to furnish the pipe and galvanized end sections for installation by the Town. The property owner will be billed for the costs of installation. The cost is to be determi n ned by the Town at the tiifle of application, 5, 'rhe Highway Department will saw -cut and remove existing asphalt, remove old culvert pipes, instali pipe and end sections and backfill with gravel or crusher run, 'I "he property owner will be responsible for asphalt replacement. Page 20 of 77 rviiwmIi�:= il4TEkAL . kSa.I,A T Dn IF VNE ') " ! C k. Mapomtir:7d Ml Urls W11 F, rs.':1AN LED PZAr:M DAD !LC11014v_ old as A3 i-VIRK fr, W 7MIN VA JH My S' IJIiI. l)F,V&2'AY MATrR4 \. eAWHAL OR I()R'l'++£L',' pXp S, G X12' kkC "VMI)r ZJLVlMH1 (A;111 CPS i`JI ?r7 ru+t -j =Nj 3EC -:r S k{ rpR1*:I'1,) W rmvi �'3k lLLZ TB 1 -13 -Q7 nc }rj rr�Trr.LJN{ — I taI _� i mINxI�w c t, C} i ID d ll s L.l3IYi'S'!ril— SLOP a iY.__L.�_�J4M�.'' HL: ,L'{ i:EhJTM1 Nr tx 3'4c, s�r� �Z % -rz S"1 � } n L' .Iv*' C :��.. cV Pam. f;FVTrR •Nr- r ii '`?F --�� ax r, ,aye zyz iib�l ro - • Page 21 of 77 d1%fkF.R, r." Val, Tv. , TOWN O OF DRYDEN 4raxvlNG I,a- , 4 EHJltE: -$ r'': MAe T TYPICAL DRIVEWAY slx� near- s„ I WEEP CULVERT I INSTALLATION S SCALE N Nw, To SCtA j 1 1cwrW Page 21 of 77 TB 12 -13 -07 0 ATTA 14 MENT NO.2 - INSPECTION SCHEDULE FOR PROPOSED TOWN HIGHWAYS Each phase of the highway constniction listed below must be Inspected by the Highway Superintendent, or designated representative, prior to commencing the next phase. All information must be provided and the inspection sheet signed. The original will be retained by the Developer, or assigned went. with a copy of each inspection submitted to the Town Higbway .Superintendent. A m111num of twenty -flour (24) hours notice of inspection must be given, 'SUB- GRADE: Inspection by Location: Section; Weather (conditions ): Notes: S�UMASE� C OURSI : Inspection by: Location: _ BASL -CDC FRE: Weather (conditions): Notes: Sieve Analysis Received: lnspection by; Location; Section: Weather (conditions): Totes: Sieve Analysis Received: SURAF C:CIURF: Inspection ley: Location: Section: Weather (condition09 Motes: RECOMMENDED MMENDED APPROVAL: Date Date Date Date Date Tate HIGHWAY SUPERINTENDIENT Page 22 of 77 Date '„ ih19N -'ndS h I �e ,h + I g I J T M1� I d 4.1 JAI ry I d l� A. ]AM U.".7 1 ".C. �C}�'�I� OF ��xi'��i�! f:%01WEFRF AND 3V�WVDns PYPICAL HIGHWAY 2]3 rc ni bM,wa 11&6 I CRO �SE TION inKy. YEt prat iisxy Page 23 of 77 - gcm,2; Noi 10 9CA DATFL 14fa?o? TB 1 -13 -07 L J; [v W..' A C 'P. x� L /I LY J VI X N F' il. x r� 473 k9;'M J02M S•Rfr- I•IRC +_ PC', 141:.7 a r u r oil - . g z di a mill Y r.^ T •' C a r a Li d' ti a� c L 4 I + �r f: r} rj 4 '•r � 1 n L J; [v W..' A C 'P. x� L /I LY J VI X N F' il. x r� 473 k9;'M J02M S•Rfr- I•IRC +_ PC', 141:.7 a r u r oil - . g z di a mill Y I' .# C L" ft L F i� IT TOWN. OF DRYDEN HJ HV�+ iY FCrnoki g0.4TH GUTTER OR CURB Page 24 of 77 7pitw,+la rv4; AFIGAIRE N()- KAI,93 MT TOSC+i? GATE_ Mu ?rr TB 1 -13,07 Z a r a Li d' ti a� sf �r 4 '•r � I n '� o •r I I' .# C L" ft L F i� IT TOWN. OF DRYDEN HJ HV�+ iY FCrnoki g0.4TH GUTTER OR CURB Page 24 of 77 7pitw,+la rv4; AFIGAIRE N()- KAI,93 MT TOSC+i? GATE_ Mu ?rr TB 1 -13,07 ���. �,. s 1 �•� �� .fir � u�o._ UN 3 sRGraaN ♦; =' WI"H - Ll l SL C t i O l�, r---CANCRETE C"Ji.: l (NYSDJT TEU Wil C 9" 7r_ -5L L SEES ANO U[A Gi- 5 c f -- @o MIN, 'F:'IH SUBBvC •t m)URSE MATEPW GU71ER 40M PSI 4" Tczsor., SEE. AND MALI: I C:UR6 )_T.A1_ Mot TO SG.•.E r —... .A. - - +J" IA IN_ DEPT: 13.4 %SL CC,.r: _C to tRfti- III; A+:TTISR P.C. I' \, Ml MIEN R_AMA AAL I 'nerl raw -*th tssw o,� . •` i t : .• Ii.:OP CURB NOT TO SCALE - -SE= MUM 47. FOR 2;i .'L Nf 5 f ICA HDISTJ,l 7r CH COl;,P +1cn [ SI:A(:Itdli= 1� 5 -F wRPJRE 10. `- I Jk PAVEV EW � Skli'aN LW�.S7JRSVI at CMPACTM 51J0rKJ)F :,UTTER DE_ i L 140T TO SCA•-E -OWN OF DRYDEN DETAILS Page 25 of 77 DRAWNG No: SLAIL Nu i l O MME T13 12 -13 -07 - -- - - { Lut P I Ji I I 'k ' myl I r w 0 s 'I k s I I � I I r IfI [K I a s 4 1 A ; i 2 3 I4 I w c r o- r M HT 0 .C. ER F =fpf{F A•, ^, �dI�PoPYCV I-i oN, Li v. vrX4i jgdoa �1 IL a C_ yn 2 T [f+ F 3� } J V' z ' 1� T 11 Q E Fry n u 'r J T — C r 1 I r CWXb?IMG rya; TOWN OF DRYDEN F IGURE NCB. TYPICAL TURN -A -ROUND UCAI.S P40TTC 5CML' 1?e 26 of 77 T13 12-1 -07 Section 2 2rd' Cl Sumner This local iaw shall take effect upon filing by the Secretary of State_ boll Call Vote Cl Makar Yes C1 Christofferson Yes Supv Trumbull Yes Cl Stelick lies Cl Sumner Yes TB 1 -13 -07 upv Trumbull closed the public hearing on the Stormwater Law and associated amendments at 7;27 p-m. and the board reviewed the Short Cnvironmental farm_ RESOLD TION #19S- NEG SEAR DEC - LOCAL LAW ESTABLISHING THE TOWN OF DRYDEN STORKWATER NAINA DEMENT, EROSION AND SEDIMENT CONTROL LAW 1 Christofferson offered the following resolution and asked for its adoption= H EIREAS, A, The proposed action involves consideration of adoption of a local law entitlt cd °'A local law astablishing the Town of Dryden Storrinwater Management, Ero!0orl and Sediment Control La %kr,' B. The proposed action is an Unlisted Action for which the Town Board of the Town of Dryden Is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town. C, The Town Board of the Town of Dryden, in performing the lead agency function fqr its independent and uncoordinated environmental review i.n accordance with Article 8 of the New York State Environmental Conservation Law - the State EnAronrn entai Quality Reviopw Act °`(SEAR), (i) thoroughly roViewed the Short fnviranmental Assessment Form (the "Short EAF "}, Part f, and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (h) thoroughly analyzed tine potential reievant areas of environmental concern to determine if the proposed action may have a significant adverse impact on. the environment, including the criteria identified in C NYCRR 617.7(c), and (iii) cornpieted the Short EAF, Part II; NOW I THEF EFORE, 0C IT RESOLVED A S FOLLOWS: 1, The Town Board of the Town of Dryden, based upon (i) its thorough review of the Short EA 17, part I, and eny and all other documents prepared and submitted with respect to this proposed action and its environmental review, {iij its thorough review of the }potential relevant areas of environmental concern to determine if the proposed action may hive a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(e), and (iii) its completion of the Short 1?AIi, Part II, including the findings noted thereon (which findings are incorporated herein as if set forth at length}, hereby mi lkes a negative determination of environmental significance ("Negative Declaration') in accordance with SSQR for the above referenced proposed action, and determines that neither a full Environmental Assessment Form, nor an Environmental Impact Statement will be required, and , The Responsible Officer of the Town Beard of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed Short EAF and determination of significance shall be incorporated by reference in this Resolution, Page 27 of 77 2,1,1 Supv TrumbloIt Roll Call Mote l Makar Yes C1 Christofferson yes 9upv Trumbull Yes 1 Stelick Yes 5. Sumner Yes TB 12=13=07 RESOLUTION # 197 - ADOPT LOCAL LAW 442007 A LOCAL LAW ESTABLISHING THE TOWN OF DRYDEN STORKWATER MANAGMEENT, EROSION AND SEDIMENT CONTROL LAW C1 Christofferson offered the Following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the local lain referred to as dA Looa.l Law Establishing the Town or Dryden tormwater Management, Erosion and Sediment Control Law" as follows: Contents Article I. SCQ1 0n I Section , 2- Section 3. Section 4- ection 5. Section 6. Section 7. Section 8- t�Ction 9. General Provisi0ns ... ............... ,.iai �tl� 0101..-• ...... ........................---- Findings of Fact .- •----- - r ................... Purpose ....... ... ..............I- -- ------- - -..,. Statutory Authority Definitions - ,9101 ............... . ,.,.,. Applicability .... ... .. .. ........................ Exemptions ,,,,,,,,,,,,,,, I = ,,, ,, = = I = 19101 0 1 0 1 Administration .. . .. ... i = ..................... everability and Effective Date ... . -., �aa......... •.rr.ir F�a F�aaF 57 ..................I .3 ... ...... ..............a,a,3 ------------- -- - -- - -- rirA .... ..... .................. S ............. ­- - - --- 0101., 5 .. .. .. .. .................. .. .9 ,,,,,,,,,, I = , , , ,, 9 ,1 0 1 0 1 0 1 0 10 . .................... ... 12 article II. Stormwater Control ....r..tt frt �ft�iaFiaa�aa ............. „..�iaFi 12 Section .10. Performance and Design rites .................. •----- -. -,,, 1 A. Technical Standards. - - - - - - - - - 9 - 9 0 1 1 1 1 1 1 1 1 L I L 0 L I L I = , = = = = = = 9 = 9 r 1011111111L,L'L, 1 B- equivaience to Technical Standards .. .. ....................... ... ... 12 C. Water Quality Standards ------ ,- 191..9.,.,.,.,.,.. 12 Section 11. 8tormwater Pollution Prevention A. Notice of Ground Disturbance .1.1.1.1-- - B. Contents ofa Sim - ,,,,.,.,.,.10 C. Contents of a Basic SWPPF ................ D- Contents of a F+Wl SWPPP ..... .. .. .......... E. Plan reparation and Certification - - - - ., P- Other Environmental Permits - .,.,.,.,.,. G- Contractor Certification -, -.. H. Availability of permit on ite .......... .. ... Plr ins (SWPPP)11,......13 ................. .. ... 9 .13 • ...... .................. ..13 ............... .. ...... ... 13 ...... .................... 15 0101 ..... . . .. m, ............16 .... .. = .............. ..... .16 .. .. ............. . ..... ..16 ,,,,,,,,,,,, , ,, ,,,,,,,, 16 Section 12, Maintenance, Inspection and Repair of Stormwa ter Facilities 16 A- Maintenance and Inspection During Construction . ............. lb B. Maintenance after Construction ... ........ ..... ............. . . . .. .1010, I7 - Inspection, Maintenance and Easement Agreement,.,.,... -. -. ],7 D. Dedicafiion of tormwater Management Facilities MA"Intenance Agreement . .. ............ .. .. ............ ... .............. 17 Page 28 o l' 77 TB 1 -13 -07 Article III. AdmWetration and Enforcement ..-- •-- .....-- •-- •-- ...... 1$ Section 13. Construction Inspection ............. ............................... 18 A- Erosion and Sediment Control Inspection - - - ----- -- -- -- ---- ----- --- 18 B. Stormwater Management Practice lnspections ...191, r r r r . , .1 18 C. Inspection Stormwater Facilities !Miter Project Completion L 18 D . Designation of Inspectors, 0 1 0 1 0 1 0 L 9 0 9 0 1 0 1 0 1 0 1 0 1 9 0 0 0 1 0 1 0 1 0 1 0 1 0 1 0 1 0 L 0 0 1 0 1 0 1 0 1 18 E. Submission of Deports ------------------------- -- -- ----------------- -- - - - - -- 19 F, Right -of- -Entry for Inspection .............. ............................... 19 Section 14. Performance Cuaraiztee .............. ............................... 19 A- Construction Completion Guarantee (ecurityl .................. 19 B. Maintenance Guarantee . ...................... ......... .. .. .. .. .. .. . . . . .. ] 9 C. Record Keeping- -- -- -- -- -- - - - - -- 1• ,- , -, -,- ,,,,,,.,.,.,.,.,.,.,.,.,....019 Section 15. Enforcement and A- Notice of Violation ....... B. Stop Work Orders - - - -•• - Violations ................... D. Penalties ............ ......... 69 Withholding of Certifici F. Restoration of Landzi. Pe tte nalt3e$- of Occt .. m . m .. ..............................1 -- - - - - - - - - - - - - - - A = - - - - - - - - - - - - - - - - - 19 ipsncy . . . .......................20 Section 16. Fees For Ser++ ices ........................ ...................... •...,., -, 21 Article I. Prior Laws ...................... .......................... . . . .. . ...... 18 Section 17. Prior haws or Regulations .. ........ . . . ... .9......................18 Attachment Schedule A. 'Town of Dryden Stormwater Standards .,....I------------- 19 Gage 29 of 77 TB 12.13 -07 Article 1. General Provisions Section 1. Title This local law may be cited as the Town of Dryden " Stormwater Management, Erosion and Sediment Control Law." Section 2. Findings of Fact The Town of Dryden finds that uncontrolled stormwater runoff associated with land development has a significant impact upon the health, safety and welfare of the community, and quality of the environment. Specifically: 1. Land development activities, increases in impervious cover, and improper design and construction of drainage facilities often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, sediment transport, and stream charuiel erosion. 2. Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods that occur, endangering property and human life. 3. Construction involving land clearing and the alteration of natural topography, particularly near a watercourse, wetland, or on steep slopes, increases erosion and leads to siltation of water bodies, decreasing their capacity to hold and transport water, damaging public and private property, and harming flora and fauna. 4. Sediment from soil erosion can spill onto roads, making them less safe, and can clog catch basins, storm sewers, and ditches, resulting in increased maintenance expense for the Town of Dryden and other public and private entities. 5. Clearing and grading during construction can result in loss of valuable topsoil and loss of native and other vegetation necessary for terrestrial and aquatic habitat. 6. Loss of wetlands from land development leads to the significant loss of water quality and quantity control functions. Any decrease in wetlands reduces hydrologic absorption, storage capacity, biological and chemical oxidation sites, sedimentation and filtering functions of wetland areas. 7. Stormwater runoff from developed areas can carry significant quantities of water -borne pollutants into surface waters and groundwater, degrading water bodies, affecting public and private water supplies and recreational uses, and degrading terrestrial and aquatic habitats. Nutrients in runoff, such as phosphorous and nitrogen, accelerate eu trophication of receiving waters. 8. The southern end of Cayuga Lake, which ultimately receives drainage from much of the land area in Dryden, has been placed on the New York State 303(d) List of Impaired Waters which identifies sediment /silt and phosphorus as the major pollutants contributing to this impairment. 9. Increasing impervious surfaces increases the volume and rate of stormwater runoff and allows less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow. Stormwater management practices that improve infiltration are desirable to mitigate this effect. 10. Substantial economic losses can result from these adverse impacts on community waters. 11. Stormwater runoff, soil erosion, and non -point source pollution can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new Page 30 of 77 1'l3 1- 13 -{}7 Ia11d development and redevelopment auivities, through the use of both structural and nonstructural practices - 12, Nan - structural or better site design praci_icps can help to control stormwater runoff by protecting or mi- micking natural hydrologic functions of a site, and often are less expensive and may require less maintenance than structural practices. 13. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the nattlraJ functions of a particuiar site or an entire watershed and thereby mitigate the adverse effects of erosion, sedimentation, and runoff from development. Such regulation is in the public interest and will minimize threats to public health and safety. Section 3. Purpose The purpose of thus local law is to establish minimum stormwater management requirement and controls to protect and safeguard the general health, safety, and welfam of the public residing within the Town and to address the findings of fact in Section 2 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1- Meet the requirements of minimum measures 4 and 6 of the SPOSS General permit for Storruwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no- Gig -0 -02, - Require land development activities to conform to the substantive requirements of the ITY Department of Environmental Conservation State Pollutant Disc ha-rge Elimination System (S PDESI General Permit for Construction Activities GP= -01. 3. MU'limize increases in tine magnitude, rate, and frequency of storm ater runoff between pre - development and post- development conditions so as to prevent an increase in flood flows and in the hazards acid costs associated with flooding - 4. Where increases occur, restrict stormwater runoff ent ring and leaving development sites to non - erosive velocities, 5, Minimize the accumulEtion, and facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological and recreational functions of streams, water bodies, and wetlands - 6. Reduce the need for costly maintenance and repairs to roads, embankments, ditches, streams, lakes, ponds, wetlands, and stormwater control facilities resulting from I nadequate control of sail erosion and storinwater runoff. 7, reduce the detrimental impacts of stormwater flows on adjacent properties and downstream communities, 8- Prevent accelerated soil erosion and sedimentation so as to avoid its deposit in strea,rns and other receiving water bodies - 9- Assure soil erosion control and storm ester runoff` control systems are incorporated into site planning at an early stage. 10- Maintain the integrity of local drainage systems, particularly natural systems, so as to sustain their hydrologic functions. 11- Encourage groundwater recharge so as to maintain stnam base flows, aquatic life, and adequate eater supplies - 1- Enhance, to the extent possible, secondary comm10nity benefits (such as open space protection end increased recreational opportunity) derived from stormwater management planning and facilities- Page 3 I of 77 TB 12 -13 -07 13. Maintain the integrity of stream flow in such a way as to perpetuate natural communities, food chains and recreational opportunities. 14. Establish provisions for the long -term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety. 15. Establish provisions to ensure there is an adequate funding mechanism, including financial surety, for the proper review, inspection and long -term maintenance of stormwater facilities implemented as part of this local laws. 16. Establish administrative procedures for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active development projects, and long -term follow up on post - construction stormwater management practices. Section 4. Statutory Authority In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Dryden has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of Dryden and for the protection and enhancement of its physical environment. Such local law may provide for the appointment of any municipal officer, employees, or independent contractor to administer and enforce such local law. Section S. Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Adverse Impact - a negative impact on land or waters resulting from a land development activity. The negative impact may include impairment to human or natural uses (such as increased risk of flooding, degradation of water quality, sedimentation, reduced groundwater recharge, impaired recreational use, impacts on aquatic organisms or other resources, or threats to public health). Area of Disturbance - the total land area subject to Land Development Activity, as defined below. If activities are part of a larger common plan of development or sale, total Area of Disturbance is calculated for the entire project, even though multiple separate and distinct land development activities may take place at different tunes on different schedules. 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. Basic SWPPP - A Stormwater Pollution Prevention Plan (SWPPP) that includes all requirements for erosion and sediment control, but does not require post construction water quality and quantity controls. Best Usages - the protected uses identified for each class of waters of New York State, under the classification system described in 6 NYCRR Part 701, Classifications - Surface Waters and ® Groundwaters. Borrow Area - An area from which soil, sand, gravel, or other similar material is excavated. Page 32 of 77 TB 12 -13 -07 Building - any structure, either temporary or poprTmanent, having walls and a roof, designed for the shelter of any person, animal, or property, and nocupying more than 150 square feet of area, Certified Inspector - a Certified Erosion, Sediment, and Stormkwater Inspector (CESSWI), in accordance with the procedures of the certifier, CPS SC, Inc., or whose qualifications are approved by DEC or the Town Board Certified Profesufonal 4 A Certified Professional in Erasion and Sediment Control (CPESC) or Certified Professional in Stormwater Quality ( P W ), as appropriate for the task at hand, in accordance with the procedures of the certifier, CPESC, InC., or whose qualifk:adons are a.ppTKwed by DEC or the Town Board. Channel - a naturaJ or artificial watercourse with a definite bed and banks that conducts continxlousiy or periodically flowing water, Clearing - any activity that removes the vegetative surface cover, Common Plan of Development or Sale - a plan, undertaken by a single project site owner or a group of project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name_ The term also includes phased construction activity by a single entity for its own use_ For discrete construction projects that are located within a larger common plan of development or sale that are at Least 'l4 mile apart, each project can be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same 'Common plan" is not concurrently being disturbed, Concentmted Flow - runoff that accumulates or converges into well- defined channels, whether man -made or formed naturally by erasion. The opposite flaw, where Flowing water is distributed evenly over the ground of concentrated surface. Over flow is sheet distance on natural surfaces, sheet flow tends to become concentrated flow due to erasion. To convert concentrated flow into generally required. sheet flow, use of an engineered structure, such as a flow spreader, is Connected Impervious Su dace - the total area of paved areas and rooftops) that will drain directly, via pipes, or paved or compacted channels or ditches), system (whether a road ditch or storm sewer) or i;o 'Disconnected impervious area'°. impervious surface in a project (such as impervious conveyance (such as gutters, to the municipal separate storm sewer a surface water. Aiso see definition of Dedl tilon - the deliberate appropriation of property by its OWner for general pup��e use, DEC - the New York State Department of Environmental Conservation, Design Manual - the New York State Stormuiater Management Nsign Manual, most recent version including applicable updates that serves as the official guide for storrrwater management principles, methods and practices. Detention - temporary storage of stormwster runoff, Developer - a person undertaking land development activity, or for whose benefit land development activities are caTTied out_ Development - to make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, gradirkg, earth moving, excavatingt providing utilities and other services such as perking facilities, stormwater management and erosion con") systems, altering landforms, or constructing a structure an the land. Dilseonnected izopervions area - Impervious area that is not directly connectod to a stream or drainage system, but which direel's runoff towards pervious areas where it can infiltrate, be Page 33 of 77 19B 12 -13 -07 Isfiltered, and slowed dawn. See DEC's document 'The Use and Implementation of Stormwater Credits", for more detailed guidelines. Drainage Area - a geographic area within which stoT-mwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body. EPA - Environmental Protection Agency Erosion Control Manual - the most recent version of the aNew York Standards and $pecifioations for Frosion and Sediment Control" manual, commonly know as the "Slue Book". Final stabilization - when all soil - disturbing activities at the site have been completed and a uniform, perennial vegetative cover with a density of eighty (0) porccnt has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been empJoyed on all unpaved areas and areas not covered by permanent structures_ Floodpilain - the area of land that is inundated when flow exceeds the capacity of the normal channel, Flood - A flow event where the capacity of the channel is exceeded. Fu11 SWPPP - A Stormwater Pollution Prevention Plan that includes all requirements for erosion and sediment control, and also post construction water quality and quantity controls, [grading � any excavating, filling, or stockpiling, including resulting conditions thereof. High Pollutant Loading Areas - areas in industrial and oommercial developments where solvents or petroleum, products are loaded/ unloaded, stored, or applied; areas where pesticides are loaded/ unloaded or stared; areas where hazardous materials are expected to be present in greater than "reportable glaa.ntitie8" 2.s defined by the United States Environmental Protection Agency (EPA) at 40 OFR 002.4; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities, H,ydric Soil - a sail that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. The Natural Resources Conservation Service (NRCS) maintains a list of criteria for the designation of hydric soils, and the US Army Corps of Engineers Wetland Delineation Manual, Technical Report Y -87 -1 (Environmental Laboratory, 1987) contains further dEAail on field indicators of hydric soils_ Impervious Area - those surfaces, improvements, and structures (such as but not. limited to pavement, sideirvalks, patios, terraces, decks, rooftops, tennis courts, and swimming pools) that cannot effectively absorb rainfall, snomelt, and water, Industrial Stormwater Permit - a State Pollution ]discharge Elimination System permit issued to a cornrnercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on -site pollution control strategies. Inflltratiion - the process of stormwater percolating into the subsoil _ Land Development Activity - all activities including clearing, grubbing, grading, excavating, stockpiling, placement of fill, paving, installation of utilities, and construction of buildings or structures that result in soil disturbance_ Landowner (Owner, or Property Owner) - the legal or equitable owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the Land- Lice nBed Professional - a licensed professional engi neer or licensed Iandscape architect who is knowledgeable in the principles and practices of erasion and sediment control and stormater management. Page 34 of 77 n 12-13-07 Maintenance Agreezueat - a legally recorded document that acts as a property deed restriction, and which requires long -term maintenance of stormwater management practicML Noupoint Source Pollution - pollution From any source other M1 m from any discernible, confined, and dist:rete conveyances, and shall include, but not be limited to, pollutants from agrirultural, forestry, mining, construction, subsurface disposal and urban runoff sources, Operator - the person having operational control over the construction ptans and specifications for a project and/or responsibility for day -to -day supervision and control of the activities occurring at a construction site, and /or responsibility for long term maintenance of a stormwater management fac1Hty, Person - sh" include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description, and acting as either the owner or the owner's agent, Phasing - band Development Activity completed in distinctly separate parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a watcr quality measurement that addresses a sediment (such as total suspended solids, turbidity or siltation) a_nd 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 Project Site - the portion of a parcel (or parcels) cn which land development activity will occur. Qualified Professional - a person knowledgeable in the principles and practices of erasion and sediment control and stormwater management, such as a licensed professioaa.l engineer, licensed landscape architect, or certified professional (as defined herein), Recharge � the replenishment of underground water reserves, Redevelopment - Rec*nstruction or modification to any existing previously developed land such as residential, commercial, industrial, uistitutional or road f higharay, which involves soil disturbance. Redevelopment is distinguished from development or new development in that new development refers to construction on land where there had not been previous construction, Redevelopment specifically applies to constructed areas with impervious surface. Retention - a practice designed to collect and stare stormwater runoff without release except by Tneans of evaporation, infiltration, or attenuated release when runoff volume exceeds the permanent storage capacity of the permanent pool or tank- So diment Control - measures that prevent eroded sediment from leaving thE: site. Sensitive Areas - cold kwatcr fisheries, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species, wetlands, and Unique Natural Areas_ Silvieultuml Activity - The on -going practice involving the dedicated and cyclic use of land expressly for the periodic production of timber. For example, clear- cutting is not considered an exempt silvicultural activity. Simple SW"P - A Stormwater Pollution Prevention Flan that includes an erosion and sediment control plan appropriate for small areas of disturban , Sltopels) - In this law, generally described as percent slope, which is calculated as rise over run (vertical change in elevation between two repre rntaative points on the site divided by horizontal distance between the same two points) and multiplied by 100_ For example, a 5% slope is a rise of 5 feet over a horizontal distance of 100 feet. Percent slope may be calculated by observing contour lines on a map, or by use of survey equipment_ Slope can also be expressed in dtgrces, as in angle degrees, ranging from 0 to 90 degrees (which would be a vertical CM. Page 3 5 of 77 TB 1 -13 -U7 IsTo convert from degrees slope to pement slope, take the tangent of the slope in degrees, and multiply by 100_ Sole Source Aquifer - Under the federal Safe Drinking Water Act (4 2 U. S, C, §30Oh- 3(e)), the Administrator of the EPA may determine that an underground water supply is the sole or principal source of drinking water for an area that, "if contaminated, would create a significant hazard to public healtbr If such a determination is made, the Administrator may designate the aquifer as a Sole Source Aquifer. Such designation may be initiated by a petition. There are currently no Sole Source Aquifers in Dryden, The Stormwater Design Manual contains a map of Sole Source Aquifers in New York State, Source Material - any materials) or machinery, which is directly or indirectly related to process, manufacturing, or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater_ Source materials include, but are not 6rnited to, raw matenials; intermediate products; rzaal products; waste materials; by- products; industrial machinery; and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater. SPDES General Permit fox Construction Activltiles GP -02 -01 - a permit under the New York State Pollutant Discharge Elimination System (SPDE) 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 Systemus GP -02-02 - a permit under the New York State Pollutant Discharge Elimination Systcm (PDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established inter quality standards and 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 some or all construction aCtivity Ma site be stopped. Storm ater - rainwater, surface runoff, snowmelt and drainage_ Stormwater Hotspot - a land use or activity that generates higher concentratians of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. See the stormwater Design, Manual for details and a hst of land uses designated as hotspots for the State of New York, 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 resoiimes, and the environment. Sto:r&uwater Management Facility - one or a series of stormwater management practices I nstalled, stabilized and operating for the purpose of controlling %tr>rmwater runoff_ Stormwater Management Officer (SMD) - an employee or officer designated by the Town Board to accept and rc %view stormwater pollution prevention plans, fonvard the plans to the applicable board, issue permits and approvals, and inspect and enforce stormwater management practices. Stormwater Management Practices {SMPsj - measures, either structural or nonstructural, that aT-e determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies_ Stormwater Pollution Prevention Plan (SWPPPJ - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities_ Stormwater Runoff - flow through or on the ground surface resulting from precipitation, Page 36 of 77 Stream Corridor - the landscape features on both and vegetation, whose alteration can directly impact biological properties. TB 12 -13 =07 sides of a stream, including soils, slopes, the stream's physical characteristics and 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. Swale - low -lying vegetated area with gradual slopes which transports stormwater, either on- site or off -site. Time of Concentration - The time required for storm runoff to flow from the most remote point, in flow time, of a drainage area to the outlet. Unique Natural Area - Those areas included in the Unique Natural Areas Inventory of Tompkins County. Watercourse - a natural or human -made waterway, drainage way, drain, river, stream, diversion, ditch, gully, swale, or ravine having banks, a bed, and a definite direction with continuous or intermittent flow. Watershed - total drainage area contributing runoff to a given point along a watercourse. Waterway - A channel that directs surface runoff to a watercourse or to the public storm drain, Wetland - Any area which meets one or more of the following criteria: 1. Lands and waters that meet the definition provided in New York State Environmental Conservation Law, Article 24, "Freshwater Wetlands Act." The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated. 2. Areas which meet the definition used by the US Army Corps of Engineers and US Environmental Protection Agency: "Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." Wetland Delineation - The process of determining the boundaries of a wetland in the field, as described in the US Army Corps of Engineers Wetland Delineation Manual, Technical Report Y- 87 -11 Section 6. Applicability A. This local law applies to all land development activities and redevelopment activities that exceed any one of the thresholds below, unless exempt pursuant to Section 7 below. No person may undertake a land development activity without first meeting the requirements of this law. Page 37 of 77 TB 12 -13 -07 B. This law defines three levels of applicability. Depending on the area of disturbance and other criteria listed below, land development activities will require either: 1. a Full SWPPP ( Stormwater Pollution Prevention Plan) with both erosion and sediment control and post construction water quality and quantity controls; 2. a Basic SWPPP with erosion and sediment control, or 3. a Simple SWPPP, with a generic small site erosion and sediment control plan. C. Any of the following activities require a Full SWPPP with Erosion and Sediment Control and Post Construction Water Quality and Quantity Controls: 1. Any land development activity with an area of disturbance greater than or equal to one acre that will discharge a pollutant of concern to either an impaired water identified on the New York State 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as the source of the impairment; 2. Any land development activity with an area of disturbance greater than or equal to 5 acres; 3. Any land development activity, exclusive of the construction of single family residences and construction activities at agricultural properties, with an area of disturbance greater than or equal to 1 acre; 4. Any land development activity that will create 1/2 acre or more of connected impervious surface; 5. Any land development activity that is part of a common plan of development or sale which in total exceeds any of the above thresholds; O 6. Any land development activity, regardless of size, that the Town Stormwater Management Officer determines likely to cause an adverse impact due to post - construction water quality or quantity, according to criteria of slope, soil characteristics, layout of impervious surfaces, potential for pollutant generation on- site, proximity to a sensitive area, or proximity to a stormwater structure or facility. D. Any of the following activities require a Basic SWPPP with Erosion and Sediment Control, unless already subject to a Full SWPPP as described above: 1. Any land development activity with an area of disturbance greater than or equal to 1 acre; 2. Any land development activity thdq or sale which involves a total area 3. Any land development activity, Management Officer determines criteria of slope, soil erodibility, stormwater structure or facility. it is part of a larger common plan of development of disturbance greater than or equal to 1 acre; regardless of size, that the Town Stormwater likely to cause an adverse impact, according to proximity to a sensitive area, or proximity to a E. Any of the following activities require a Simple SWPPP, unless already subject to a Basic or Full SWPPP as described above: 1. Any land development activity with an area of disturbance greater than or equal to 5,000 square feet; 2. Any land development activity, regardless of size, within 100 feet of a surface water of the state of New York, or a wetland; ® 3. Any land development activity involving a linear disturbance 500 feet or longer and 3 feet or wider on average slope(s) of 5% or greater from high point(s) to low point(s) along the line of disturbance; Page 38 of 77 TB 12 -13 -07 4. Any land development activity that involves excavation or filling, resulting in the movement of 250 cubic yards or more of soil or similar material; 5. Any land development activity, regardless of Management Officer determines likely to cause criteria of slope, soil erodibility, proximity to a stormwater structure or facility. Section 7. Exemptions size, that the Town Stormwater an adverse impact, according to sensitive area, or proximity to a The following activities are exempt in part or in whole from review under this law: 1. Silvicultural activities as defined herein, except that landing areas and log haul roads are subject to this law. 2. Agricultural activity as defined herein. 3. Routine maintenance activities that disturb less than 2 acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Subdivision plats approved by the Town before the effective date of this law, except I ndividual building permits applied for on or after the effective date of this law are subject to this law. 6. Land development activities for which a building permit has been approved before the effective date of this law, although the provisions of this law may be applied to permit renewals, or substantial modifications to the original proposal if occurring on or after the effective date of this law. 7. Cemetery graves. 8. Emergency activity immediately necessary to protect life, property, or natural resources. 91 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. Section S. Administration A. The Town Board «Till appoint one (or more) qualified SMO(s) to administer, implement, and enforce the provisions of this law. This appointment shall be renewed annually. Qualification will be based upon, but not limited to, familiarity with applicable stormwater regulations and practices, understanding of stormwater hydrology and water quality, and fruniliarity with Town code enforcement procedures. The SMO must be a town employee or board member. In the case that there are multiple Stormwater Management Officers appointed, one person shall be designated as Stormwater Manager, with primary responsibility for program oversight. B. The SMO shall accept and review all Stormwater Pollution Prevention Plans for completeness and compliance with this law and, when required, forward such plans to the applicable board. The SMO is responsible for the completion of all New York State DEC and EPA forms to meet the requirements of the DEC General Permit for Construction Activities GP- 02 -01. The SMO may, if necessary, subject to budget restrictions and Town Board approval, engage the services of a registered professional engineer or certified professional to review the plans, specifications and related documents submitted in connection with any SWPPP. Page 39 of 77 `CB 12 -13 -07 C. All land development activities subject to review and approval by the Town Board or O Planning Board of the Town under Site Plan, Special Permit, or Subdivision regulations reviewed by such Board must be reviewed subject to the standards contained in this local law. No approval by any such Board shall be made unless it determines that the SWPPP complies with the requirements of this local law. D. All land development activities subject to review under this law, but not subject to review under Section 8(C) above, require a Stormwater Pollution Prevention Plan (SWPPP) based upon the Notice of Ground Disturbance to be submitted to the SMO who shall determine completeness of the SWPPP and compliance with this local law before issuing any required permits. 6, Where this law grants the SMO discretion to apply additional requirements to a project, or to request additional information from an applicant, the SMO must give the applicant written explanation of such decision as early as possible in the application process. F. Prior to beginning any Land Development Activity, unless exempt pursuant to Section 7, the owner or operator must submit to the SMO a completed "Notice of Ground Disturbance." This information must be submitted along with initial application requiring a Town permit or approval. This form will enable the SMO to assist in determining what kind of SWPPP is required, if any. G. The applicant must also meet the current requirements for the DEC's State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities. Section 9. 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. Article H. Stormwater Control Section 10. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities exceeding the thresholds in Section 6 are 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. Stormwatcr 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), Page 40 of 77 TB 12-13 07 2. New York Standards and Specifications for Erosion and Sediment Control, (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). 3. The Town of Dryden Stormwater Standards, attached as Schedule A. B. Equivalence to Technical Standards Where stormwater management practices standards, the applicant must demonstrate forth in Section 10(A) and the SWPPP must certified professional. C. Water Quality Standards are not in accordance with technical equivalence to the technical standards set be prepared and certified by a licensed or Any land development activity shall not cause or contribute to a violation of water quality standards in surface waters of the State of New York. The standards are contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, including, but not limited to: 1. There shall be no increase in turbidity that will cause a substantial visible contrast to natural conditions; 2. There shall be no increase in suspended, colloidal and settleable solids that will cause deposition or impair the waters for their best usages; and 3. There shall be no residue from oil and floating substances, visible oil film, or globules of grease. These standards apply whether or not a project is subject to this local lace, and whether or not a project meets the requirements of this law. These standards are enforceable by the DEC under the Environmental Conservation Law, Section 11. Stormwater Pollution Prevention Plans ( SWPPP) A. Notice of Ground Disturbance No land development activity which exceeds the thresholds in Section 6 above shall be commenced until the SMO has approved a SWPPP. The developer shall submit to the SMO, on a form to be supplied by the SMO, a Notice of Ground Disturbance prepared in accordance with the requirements of this local law. The Notice of Ground Disturbance shall include the following: 1. Contact Information including: Owner and Developer's Name, Address, Project Address, Phone Numbers, Tax Parcel #. 2. A brief description of the project, including a sketch, which may be combined with other drawings required for a building permit, specifically showing existing drainage features and vegetation on the site. 3. A description of the proposed project phases. 4. The ground area in square feet or acres that will be disturbed for each phase and for all phases of the project. The areas to be measured include but are not limited to: driveways, parking areas, buildings, septic systems, wells, grading and clearing, lawns, ditches, drainage structures, utilities, stockpiles, etc., including the total project area of disturbance, total parcel acreage, area of existing impervious surface, total area of impervious surface expected at completion, and total connected impervious area. Page 41 of 77 'l "B 12 -13 -07 5. A description of the distance(s) from the areas of ground disturbance on any part of the site to the edge of any stream, pond, lake, or wetland on or in the vicinity of the site. 6. Any mapped or other indicators of wetlands on the site or adjacent to the site. 7. A description of the slope(s) of the site (in numerical or descriptive format). 8. A description of any linear excavations greater than or equal to 500 feet long and 3 feet wide. 9. A description of any activities that may involve the fill or excavation of greater than 250 cubic yards of soil. 10. A list of and brief description of any other permits required for the project. 11. Any additional details requested by the SMO. B. Contents of a Simple SWPPP: 1. The completed Notice of Ground Disturbance. 2. The SMO will provide a generalized plan describing the erosion control measures to be used to minimize the impacts of the land development activity appropriate for the site, based upon the guidelines in the DEC Erosion Control Manual or as developed by the Town for this purpose. Measures may include: a. Stabilized construction entrance; b. Stabilization of exposed soil; c. Protection of adjacent properties, waterways, and natural areas; A d. Management of concentrated flow areas; and e. Maintenance during construction. C. Contents of a Basic Stormwater Pollution Prevention Plan (to address Erosion and Sediment Control): 1. Notice of Ground Disturbance 2. Existing Pre- Construction Conditions a. Site map, at a scale no smaller than 1 "= 100', must include the following: (i) project parcel and surrounding areas within 200 feet of the parcel; (ii) existing conditions for drainage including topography, culverts, ditches, surface waters and wetlands (including names and classifications for both, if available), sub - watershed boundaries, and existing vegetation; (ili) existing buildings, structures, utilities, and paved areas; (iv) contour lines in sufficient detail to represent site topography. b. Description of the existing soil(s), vegetative surface cover, and site impervious cover present. c. Assessment of the site limitations and development constraints with regard to factors including, but not limited to: slope, soil erodability, depth to bedrock (if shallow), depth to seasonal high water, soil infiltration capacity, and proximity to surface waters and wetlands. d. Any existing data that describes the stormwater runoff at the site. do3. Better Site Design Practices Page 42 of 77 TB 12 -13 -07 isDescription of the "Better Site Design" practices to be used for this project, as described in the Town of Dryden Stormwater Standards. 4. Proposed Construction and Post - Construction Conditions a. Construction map(s) for the project - may be combined with the existing conditions site map, but only if all required features can be shown clearly. At a minimum, the map(s) must show the following for the total site area; all improvements; areas of disturbance; areas that will not be disturbed; post - development topography; proposed changes to drainage patterns; locations of on -site and off =site material, waste, borrow, or equipment storage areas; and location(s) where stormwater from the site will discharge to water bodies or existing manmade drainage structures. The names of downstream receiving waters must be identified. b. If the project w711 create a new or increased concentrated discharge to a man- made drainage structure maintained by a private adjacent landowner, written consent of that landowner in the form of a drainage easement: is required, which must be recorded on the plan and must remain in effect with transfer of title to the property. No other discharge of concentrated flow to a neighboring private property is permitted. c. Identify on -site storage location for the SWPPP and all relevant records and certifications, including inspection records. 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 disturbance. No more than two 2 acres may be exposed by site preparation at any one time. If the applicant determines that this two 2 acre limit is insufficient, the applicant must provide a basis for the contention. S. Erosion and Sediment Control Plan, including: a. Description of 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. b. 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. c. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins. d. A site map/ construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice. This site map can be incorporated into the construction map described above. e. Identification of erosion control facilities, if any, that will be converted from temporary to permanent control measures. f. Implementation schedule for staging temporaryr erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place. Erosion and sediment control measures must be constructed prior to beginning any other land disturbances. `Ibe devices must be maintained and must not be removed until the disturbed land areas are stabilized. g. Delineation of SWPPP implementation responsibilities for each part of the site. Page 43 of 77 TB 12 -13-07 h. Maintenance schedule to ensure continuous and effective operation of all erosion and sediment control practices. 6. Construction Site Waste Management Plan, including: a. Description of the pollution prevention measures that will be used to prevent litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff. b. Description of the type, quantities / sizes, and disposal methods for construction and waste materials expected to be stored on -site and off -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. D. Contents of a Full stormwater Pollution Prevention Plan (with Post - Construction Water Quality and Quantity Controls) 1. All information required for the Basic SWPPP , and: 2. Identification of any special conditions affecting the design of stormwater management practices, including, but not limited to: discharge to a trout stream; cold climate design considerations; location over a sole source aquifer, or other aquifer of local significance; redevelopment activity; or recognition that the project site is a stormwater hot.spot. 3. If the project is subject to an infiltration requirement as described in the Town of Dryden Stormwater Standards (Schedule A) explain how the requirement will be ® met, including relevant calculations. 4. Identification of any Stormwater Credits to be used in this project (as described in Dryden Stormwater Standards, Schedule A, with documentation as described in the DEC's guidance on "The Use and Implementation of Stormwater Credits ". 5. Narrative summary describing each post - construction stormwater management practice, its purpose, and why it is appropriate for the site (see Schedule A at the end of this document for list of approved practices from the Design Manual). If the designs deviate from the Design Manual, explain how and why. 6. Dimensions, material specifications and installation details for each post- construction stormwater management practice, as well as feasibility assessment. 7. Site map/ construction drawing(s) showing the specific location(s) and size(s) of each post - construction stormwater management practice. Soil characteristics used to determine feasibility for stormwater management practices must be shown on the map. DEC recommends that the site map for projects requiring Water Quality and Quantity Controls must use no more than 2 foot contour intervals. The map must outline the drainage areas for all post - construction stormwater management practices, and show the stormwater flow paths, and discharge points. If practices or diversion structures receive drainage from large off -site areas, the watershed can be described verbally at the edge of the map. This information can be incorporated into the construction map described in Section 11(C)(4)(a) if all the required information can be clearly shown. 10 8. Comparison of post- development stormwater runoff conditions with pre - development conditions, including identification of methodology used for the comparison and documentation of relevant variables (including but not limited to: curve numbers, time of concentration, and peak runoff rates) and how they were Wage 44 of 77 "I'll 122- 13 -07 0 derived from site characteristics, 9. Hydrologic and hydraulic analysis for all structural components of the stormwater nianagement system for the applicable design storms, with documentation that the designs meet the speeI JCatioxts and sizing criteria in the Design Manual. 10- Maintenance schedule to ensure continuous and effective operation of each post - construction stormwater managerent practice, 11, Ivrai n ten an ce easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements must be recorded on the plan and must remain in effect with transfer of title to the property. 12. Inspection and maintenance agreement binding on all subsequent landowners served by the on -site stormwater management measures in accordance with Section 12 of this local law, 13, if the project will make use of a new or existing stormwater management facility on a neighboring property, the maintenance easement and the maintenance agreement must include the owner of that property, and must reltlai7i in effect with traris£er of title to that property, Plan Preparation and CerMca #ion 1- If a Full SWPPP is required, it must be prepared by a qualified professional. Design of any skonnwater management control practices that inVoive substantial structural components, such as a darn for an impoundment, should be performed by a licensed professional engineer - - If a project will discharge a pollutant of concern to either an impaired water identified on the New York State 303(d) List of lm*r -ed Waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormurater have been identified as the source of the impairment, the SWPPP sball be prepared by a licensed or certified professional, and must be signed by the professional preparing the plan, who shall certify that the design of all storruwater management practices meet the reQUirernents in this local law, and State law. 3, If a Basic SWPPP is required, applicants should seek design guidance from a qualified professional when necessary, or if requested by the SMO. F. Other Environmental Permits The applicant must 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. Contractor Certifleation 1. Plach contractor and subcontractor who wit be involved in soil disturbance or stormwater management practice installation for the project must be identified in the SPPP and must sign and date a copy of the following certification statement before undertaking any land development actiuity: *i certify under penalty of law that t understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Flan. I also understand that it is unlawful for any person to cause or contribute to a violation of waiver quality standards -' 2- The certification must include the name :end 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, , The Certification staterent(s) must bccovne part of the SWPPP for the fand development activity- Page 45 of 77 TB 1 -13,07 49 H. Availability of Permit on Site A copy of the SWPPP must 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, eetion 12. Maintenance, Inspection, and Repair of Stormrmter Facilities A. Maintenance and Inspection During Construction ,l- The applicant or developer of the land development activity or their representative must at all times properly operafc 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 must be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent- 2. For land development activities subject to a Full SWPPP, the applic-ant must have a qualified professional, certified inspector, or person working under the direction and supervision of a licensed professional, conduct site inspections and document the correct installation and effectiveness of all erosion and sediment control practices prior to the commencement of construction, and thereafter every 7 days and within 24 yours of any storm event producing 0 -5 inches of precipitation or more- Inspection reports must be maintained in a site log book, and copies delivered to the Stormwater Management Officer if requested. a. In the case of a project subject to a Full PPP, and with separate and distinct phases, inspections Tray be ceased in- between phases, as long as the project meets the DEC's requirements for 'Final Stabilization' during this interim period. b. In the case of a winterti= pause to construction, the DEC s guidelines for 'Winter Site Stabilization f 'I te'I nspections" may be followed. S. Maintenance after Construction The owner or operRtor of permanent stormwatcr management practices installed in accordance with this law must operate and maintain these practices to achieve the goals of this lave- Proper operation mad maintenance include es a minimum, the fallowing; 1- A preventive/ corrective maintenanco program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by 0e owner or operator to achieve the goals of this law. . Written procedures for operation, and maintenance and training new maintenance personnel. S. Discharges from the Mps shall not exceed design cri teria or cause or contribute to water quality standard violations in accordance with Section 10(C) - C. Inspection, Maintenance and Easement Agreement Prior to the issuance of any approval for a project that has the construction of a stormwater management facility as one of the requirements, the applicant or developer must execute an inspection, maintenance and easement ag ,anent that shall be binding on all subsequent landowners bt:nefited by the storm water management facility. The agreement must provide for 'Fawn access to the facility at all reasonable times for periodic inspection, and possible maintenance by Lhe Town (in the sole discretion of the Town and expense of Page 46 of 77 TB 12 -13 -07 the owner) to ensure that the facility is maintained in proper working condition and continues to meet design standards and any other requirements of approval and this local law. The agreement must be recorded in the office of the County Clerk, and noted on the subdivision plat (if applicable) after approval by the counsel for the Town. The Town reserves the power to require enforcement and charge -back of expense powers in the agreement, and to assign all agreements to any future drainage district. 1 OTT • r • &I Z • 0 1 r u' r 1 r r r u r The Town, in lieu of the agreement required in (C) above, in 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. Prior to accepting a dedicated facility, the Town may require the formation of a drainage district to include all parcels served by the facility, to pay the expenses of ongoing inspection, maintenance, and, if necessary, modification of the facility. Article III. Administration and Enforcement Section 13. Construction Inspection A. Erosion and Sediment Control Inspection The SMO may require such inspections as necessary 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 must notify the SMO at least 48 hours before any of the activities listed below, as required by the SMO, or the SMO may develop an inspection schedule specific to an individual project including but not limited to: 1.. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading S. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. Additionally, the Town may conduct inspections at any time. 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 SMO. ® B. Stormwater Management Practice Inspections The SMO is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater Page 47 of 77 TB 1213 -07 maviagernent practices Iocated on -site after final construction is completed_ The plan must show the final design specifications for all stormwater management facilities (and note any changes From the originally approved design) and must be certified by a professional engineer, C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on o:ny 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 pollu Cants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or Tis2th 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 facilibea and other stormwater management practices, D. Designation of Inspectors Inspections will be performed by the SMO or the S O may designate a qualified professional, certified inspector, or person working under the direction and supervision of a licensed professional. A designated inspector is required to submit a report to the SMO. isE. Submission of Reports The SMO may require monitoring slid reporting from persons subject to this law as are necessary to determine compliance with this law_ F. Right -ot =Entry for Inspection When any rnew stormwater rn.anagement facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner roust grant to the Town the right to enter the property at reasonable times and L n a reasonable manner for the purpose of inspection as specified in Section 13(C ). Section 14. Performance Guarantee A. Construction Completion Guarantee (Security) In order to ensure the full and faithful completion of all land development activities related to compliance lxgth all eonditinns set; forth by the Town in its approval of the Starmwater Pollution Prevention Flan, the Town may require the applicant or developer to }provide, prior to construction, security such as a performance band, cash escrow, or irrevocable letter of credit from an appropriate financial institution or surety to guarantee completion of the project and which security names the Town as the ben efici�xry. The Town can determine the amount and form of the securit }, in its sole discretion. The security must remain in force until released from liability by the Town, provided no security shall be for a period less them one year from the date of final acceptance and certification that the project has been constructed in accordance with the approved plans and specifications. Prior to release of the security, an inspection shall be conducted and any deficiencies in the project must be corrected _ B. Maintenance Guarantee Page 48 of 77 r 2-1 M7 Where stormwater management and erasion and sediment control facilities are to be operated and maintained by the developer or by a person who awns or manages such facilities, the Town may require the applicant or developer to provide, prior to construction, security such as a performance band, cash escrow, or uTevocable letter of credit from an appropriate financial institution or surety to guarantee proper operation and maintenance of all stormwater rna:nage?nent and erasion 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 managernent and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and rnaintenanct e, including legal, engineering and inspection costs. C. Record Keeping Persons subject to this law are required to maintain records dernrnstrating cornpli$nce with this the name and address of the owner, developer or applicant-, law. Such records must be provided to the SMO upon request. Section 15, Enforcement and Penalties A. Notice of Violation. When the 3MO determines that a land development activity is not being carved out in accordance with the requirements of this local law, the SMO mev issue a written notice of violation to the landowner_ A notice of violation shall contain: 1_ the name and address of the owner, developer or applicant-, 2r the address, when available, or a description of the building, structure or land upon which the violation is occurring; 3, a statement speci.]`y 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 cornpletion 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; acid b- 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. B. Stop Work Orders The SMp may issue a stop work order for violations of this law. Persons receiving a stop work order are required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order will be in effect until the S O 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, eniminel, or monetary penalties in accordance with the enforcement measures authprid in this local law, C. Violations Any land development activity that is commenced or is conduem.d contrary to this local lain, may be restrained by injunction or othenvise abated in the manner provided by law_ D. Penalties Tjl addition to or as an alternative to any other penalty or remedy 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) 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 tine not less than three hundred fifty dollars nor more than seven hundred dollars ($700) and upon conviction for a third or Subsequent offense all of Page 49 of 77 LL TB 12=13=07 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_ For the purposes of conferring jurisdiction upon courts and judicial officers generally, a third violation of this local law shall be deerned an unclassified misdemeanor and for such purpose only all provisions of law relating to misdemeanors shail apply to such violations, Each week's continued violation shall constitute a separate additional violation_ E. Withholding of Ceirtificate of Occupancy If any building is constructed or land development activity is undertaken in violation of this Focal law the SMQ may withhold the certificate of occupancy of any building until compliance with this local law has been completed. Any person who violates any provision of this local law may be required to restore land to its undisturbed condition_ In the event that restoration is not undertaken within a rf.a.sonable time after notice, the 'Town may take necessary corrective action, the cost of which shall become a lien upon th€; property until paid, Section 16. Fees for Services The Town, by local law, may require any person undertake land development activities subject to this local law to pay the reasonable costs of persons hired by the Town to review SWPFP's, perform inspections of stormwater management facilities and certify the completion of the same. The Town Board may by resolution establish a fee schedule SWPFP review, III i 7 r1 t4= �.rl i 1 , This local law shall take precedence over any other inconsistent requirement of any local law, ordinance, or regulation of the Town of Dryden. Page 50 o[77 frB 12 -13 -07 Schedule A TOWN OF DRYDEN STORMWATER STANDARDS 1. The Town will maintain reference copies and current web links, when available, for all of the documents cited below. . Sites for all land development activities disturbing more than 5,000 square feet must be stabilized by means of mulch, vegetation, or equivalent as soon as practicable, and within no more than seven (7) days, whenever construction activities have temporarily or permanently ceased at that site, unless earth - disturbing activities will be resumed within fourteen (14) days. In the case of snow cover or frozen ground, sites should still be mulched, to control runoff dun'ng snowmelt. Maintenance must be performed as necessary to ensure continued stabilization. Specifications for mulching as well as temporary and permanent vegetative stabilization can be found in the New York State Standards and Specifications for Erosion and Sediment Control, 3. Vegetation planted for the }purpose of site stabilization and f or stormwater management shall not include species that are considered 'invasive " - Applicants must avoid plants on the list published by the Invasive Plant Council of New York State, as well as the Tompkins County invasive Plant list- Applicants may refer to table H,5 of the New York State stormwater Management Design Manual for a list of plants native to New York State which are recommended for stormwater ponds, wetlands, bioretention, and other vegetated treatment areas, 4. The Town experiences cold winters and significant snowfall- tormwa,ter facility design and sizing strategics appropriate for winter conditions and spring snamelt are repommended- Those projects with stormwater practices receiving drainage From twenty (24) acres or more must use the water quality sizing guide ines for cold climates found in the New York State Stormwater Management Design Manual. Additional design guidance that may increase the longevity and winter -time effectiveness of stormwater management practices may be found in the doc lument 'Storm ester Practices for Cold lirnates", published by the Center For Watershed Protection. 5- Redevelopment projects and high density projects (in areas zoned for high density) often snake more efficient use of the land, and may reduce overall impacts to natural areas. This law iS not intended to create a disincentive for such projects. The Stormwater Management Officer may allow some degree of flexibility for such projects, so long as the minimum New York State standards are met. redevelopment projects should follow the guidelines found in the Stormwater Design Manual. E. The Town notes that the StonTiwater Design Manual provides helpful charts and criteria to guide selection of site - appropriate stormwater management practices- Applicants shall consider these criteria when selecting practices. 7- if a project is composed of separate and distinct phases, the atormwat+ r management practices may also be installed in phases, but the standards of this law must be met during all phases. 8. Off -site stormwater control areas may be shared between two or more property 0 % %rners or developments, provided that the SMO has approved the design and the required masnfena.nce agreements, and the required easements have been obtained and recorded. 9, Applicant% must avoid and minimize disturbance of wetlands, stream corridors, and surface waters to the maximum extent practi(;a.ble at the project site, and the relcvant state or Federal permits must be obtained if disturbance will take place- Land development activities shall not discharge untreated stormwater directly into a natural wetland or eater body without adequate treatment, nor modify natural wetlands for stormwater Page 51 of 77 TB 12 -13 -07 impoundment, To the extent passible, a buffer must be knaintained between land development activities (inClLiding the placement of silt fencing) and wetland boundaries, stream banks, or lake or pond shorelines_ 10_ Wetland Presence and Boundaries. When relevant in the context of this law, or in accordance with Federal or New York State regulations, it may be necessary for the applicant to determine the presence and boundaries of wetland {s) on a project site, The Town of Dryden tarrnWater Management Officer may request the applicant to obtain a wetland delineation, either by a qualified Town staff member, by a 011ited States Army Corps of Engineers wetlands officer, by the DEC, or a wetlands consultant_ The following criteria shall be used to indicate the potential presence and location of a wetland, and the M0 shall exercise best judgment on when a delineation is needed: a) Map Indicators i. The boundaries indicated by the New York State Freshwater Wethmds Map, produced by the NYS Department of Environmental Conservation, as amended and updated. According to Section 24 -0341, ]environmental Conservation Law, these boundaries are 'approximate', but as 'accurate as practi(,able". A landowner or "another person or persons or an official body whose interests are shriven to be affected" may send a written request to the Commissioner of the Department fora more precise delineation. ii. Tic National Wetlands Inventory Maps, produced fey the US Fish and Wildlife Service, 1979, or as amended or updated. Note that the metadata for these maps Cates: "Due to the scale, the primary intended use is for regional and watershed data display and analysis, rather than specific project data analysis," iii. The Tompkins County Soil Survey, 1965, or as updated, and the Tompkins County H }'dric Sails List, which together identify the approximate location of hydric soils, which are indicative of the presence of wetlands_ iv. The absence of a mapped wctlond indicator does not rule out the potential presence of a wetland if field indicators are present. On the other hand, in the absence of any field indicators, a mapped indicator may be inaccurate. b) Field Indicators i, The presence of wetland vegetation, according to the "Natiana.J List of Vascular Plant Species that Occur in Wetlands USF S, 1985 or a.s updated or amended, Dote that the New York State Wetliqnd Definition, EOL 4 =01.07.2 provides a helpful list of wetland plants commonly encountered in various wetland types across New York State; fl. Indicators of occasional inundation or saturation, such as presence or signs of shallow standing water, a high water table, or frequent floodiz191 iii. Field indicators of hydric sail conditions. iv, Proximity in location and elevation to areas of confirmed wetland or floodplauk, 11. Nonstructural Stormwater Management Practices. To the maximum extent practicable, stormwater management objectives must be met by incorporating nonstructural stormwater management strategies into the project design, Non - structural practices reduce the need for expensive and high maxntenance stormwater management facilities, and thereby are a benefit to the applicant and to the Town. The following non- structural strategies shall be applied wherever possible; a) Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss. b) 14 w mize the protection of natural di^ainage features and vegetation. c) Minimize land disturbance including clearing and grading. d) Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces. Page 52 oi`77 TB 1 -13 -07 e) Maxunixe the time of concentration from pre - construction to past conetruedon_ Tirre of concentration is defined as the time required for water to flow from the most remote point of the site area (in time of flaw) to the outlet. fj Favor movement of water through the site as sheet flaw through vegetated areas, rather than concentrated Flows_ g) Provide vegetated open - channel conveyance systems dischargin& into and through stable vegetated areas. h) Provide lowm maintenance landscaping that encourages retention and planting of native vegetation and minimi s the use of fBrtilizers and pesticides, i) Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormater runoff. 12. Better Site Design: DEC has identified) a set of 18 "Better Site Design Practices" which can reduce the impacts of a project, and also often reduce costs_ Many of these }practices evil] result in smaller required stormwater treatment and storage volumes. These are generally non - structural or smaller scale practices than those described in the Storrs ester Design Manual. Recommended Better Site Design practices are described in the DFC document called Bea Site Design. a) The Town requires that projects disturbing one (II acre or more must apply at least two (2) of these practices. b) if the applicant contends Ilha.t the minimum number of practices cannot be incorporated into project design due to site limitations, the applicant must explain such limitations_ 13_ Stormvirater Credits: The DEC has also identified a set of 6 }practices, (several of which overlap {4FitM the Tetter Site Design Practices" above), which qualify for Stormwater Credits. If these practices are irnplernent(�d as described in the document called "The Use and Implementation of Stormwater Credits", they can result in a calculated reduction in the water quality treatment volume, and occasionally in the water quantity storage volurnei3, required for projects subject to a Full SPPP. a) The six credits are as follows: i. Natural Area Conservation ii_ Stream acid Wetland BUTS iii, Vegetated Open Channels iv, Overland Flow Filtration to Groundwater Recharge Zones V, Environmentally Sensitive Rural Development vi. Riparian Reforestation b) if used as eredits, these practices must be implemented as described in The Use and Implementation of Stormwater Credits", c) These practices must be reviewed and approved by the 'down before the Credit can be taken. d) DEC's procedure for application of these credits is currently e['olving, Projects making use of credits may require a 60 day review by DEC and / or a letter from the Town certifying that the credit bas been applied correctly. e) The Toihil encourages applicants to make use of site appropriate credit(s). 14. Any non - structural strategy applied that requires continued protection or maintenance in order to function over the long Cerro must include an appropriate written agreement to ensure such protection or maintenance -- either by mcans of an casement, maintenance Page 53 of 77 TB 12 13 -07 agreement, deed restriction, or dedication to an appmpriate government agency or tend trust, as approved by the reviewing board. 15. Inflltration Requirement Japplicable to projects requlrlug it Full SWPPPI. In order i10 maximize groundwater recharge acid reduce runoff, the Town has an Infiltration Volume requirement that is determined based on the drainage properties of the soils on site. The [ nfiltration Volume is calculated by multiplying the Water Quality Volume for the project (prior to the application of any Stormwater Credits) by a factor according to the Hydrologic Soil Groups (H C) at the project site. The project site includes the expected areas of disturbance surrounded by a 100 foot buffer (or to the edge of the parcel - whichever is less)- The multiplication factors are shown below, and an area weighted average should be used if more than one HC is present. Soil Type Infiltration °fffofW A $ $ 25% Q 13% D 0% (no requirement The infiltration volume can either be treated by using an infiltration practice as described in the Stormwater Design Manual (required Slte criteria trust be met], or by applying one or more site - appropriate Stormwater Credits such that the ca elated reduction in the Water Qtlabty Volume is Vea.ter than or equal to the required Infiltration Volume. If neither approach is feasible due to site limitations, the applicant must explain the limitations in writing, and the SMQ may reduce or waive the infi tration requirement. However, the following types of stormwater shall not be infiltrated: 1, 2- 2A G1 Makar StormwaWr from high pollutaTit loading areas, or stormwater hotspots. Industrial stormwater exposed to source material. Roll Call 'Vote Cl Makar Yes Cl Christofferson Yes upvTrumbuII Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION 0 198 - ADOPT ZONING ORDINANCE AMENDMENTS Cl Christofferson offered the following resolution and asked for its adoption: RE OIXED, that this Town Board hereby emends the Town of Dryden Zoning Ordinance as follows: 1, Appendix A is hereby amended by adding a new defiruticn of Land Development Activity to read as follows: 'Land Development Activity -all activities including clearing, grubbing, grading, excavating, stockpiling, placement of fill, paving, installation of utilities, and construction of buildings or structures that result in soil disturb2mce.R Page 54 of 77 `.FB 12-13-07 2, Article XXIII (Special Permits) was amended by adding a new subsection (1)(i) to Section 1,301 (Specific Requirements) to read as follcmrs: '(i) For proposed uses that meet the definition of %an6 Development Acti<vity,' a Stormwater Pollution Prevention Plan if required by the Town's S tormwater Mmagement, Erosion and Sediment Control Law.' - Article XXJJI (Site Plan Review Board) was amended by adding a new subsection 23 to Section 2302.3(A) (Site Flan Checklist) to read as follows: "23. For proposed uses that ineet the definition of `Land Development Activity,' a Storm aster Pollution Prevention Flan is required by the Town's Storm atcr Management, Erosion and Sediment Control Law.* 2rW Supv Trumbull Roll Call Vote C1 Mokar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes C] Sumner Yes RESOLUTION # 199 - ADOPT ANENDMENTS TO TOWN OF DRYDEN LAND SUBDIVISION RULES AND REGULATIONS Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby amends the Town of Dryden Land Subdivision Rulea and Regulations as follows- 1. Section III (Definitions) is hereby amended by adding a new definition of Land Development Activity to read as follows; 'Land Development Activity - all activities including clearing, grubbing, grading, excavating, stockpiling, placement of fill, paving, installation of utilities, and construction of buildings or structures that result in soil disturbance,' 2. Sub- section (1) (Sketch Plan) of Section rV (Procedure in Filing Subdivision Applications) is hereby amended by revising paragraph (A) (Submission of Sketch Flare) to read as follrrwS; °'A- Submission of Sketch Plan Any subdivider in the Town of Dryden shall, prior to subdividing or resubdividing land, as defined in these rules and regulations, submit to the Town Clerk for the PIanning Board at least tern days prior to the regular meeting of the Board four copies of a Sketch Plash of the proposed subdivision, which shall comply with the requirements of Section JVf No. 1 and the Notice of Ground Disturbance required by the Town's Stormwater Management, Erosion and Sediment Control Law, for the purposes of a preliminary discussion -" 3. Sulu- section (2) (Preliminary Plat for Subdivision) of Section IV (Procedure in Filing Subdivision Applications) i?s hereby amended by adding a, new sentence at the end of sulk- paragraph (1) of paragraph (A) to read as follows; Page 55 of 77 TB 12-13-07 is'The subdivider shall submit along with such application a Stormwater Pollution Prevention Plan if required by the Town's Stormvrater Management, Erosion and Sediment Control Law." 4. Sub- section (21 (Preliminary Plat for Subdivision) of Section Ili (Procedure in Filing Subdivision Applications) is hereby amended by adding a new sentence at the end of paragraph (H) to read as follows: 'No approval of the Subdivision Plat shall be granted until the Planning Board approves the Stormwater Pollution Prevention Elan if required by the Town's Stormwater Managemni., Erosion and Sediment Control Law_" 5. Sub- section b (Dra,inar improvements) of Section V (General Requirements and Design Standards for Improvements] is hereby amended by adding a new paragraph (F) to read as follows. 'F. SWPPP Notwithstanding anythin in this subsection 6 to the Contrary, all subdividers shall comply with all the requirements of the Tovm's Starmwater Management, Erosion and Sediment Control Lain,0 RESOLUTION #200 — ADOPT LO AID LAW #5 -2007 — AMENDING LOCAL LAW #6 -2000 Cl Christofferson offered the following resolution and asked for its adoption= REiSO ED, that this Town Board hereby adopts Local Law #5 -2007 entitled 'a local law amending Local Law No_ 5 of the Year 2000 to provide for reimbursement by developers of expenses incurred by the Town in connection with Storm ester Pollution Prevention Plants (SWPPP)" as follows: Local Law No 5 of the year 2000 (A local law providing for the reimbursement by developers of engineers and attorneys representing the Town of Dryden) is hereby atrnended as follows: 1. Section 3 Re'mbursernent of Fees and Expenses is amended by adding thereto a new sub" sectioa (e) at the end thereof to read as follows: °'2_ Stormwater Pollution Prevention Plans- 1. - The Applicant, in connection with the approval of a Storra ester Pollution prevention Plan (SWPPP), shall reimburse the Town for all reasonable and necessauy engineering, Certified Inspector, CeTtilied Professional, Licensed professional or Qualified Professional expenses incurred by the Town in connection with the review and consideration of such SWPPP. 2. A developer who constructs, or proposes to construct, one or more drainage facilities or storm water management and erosion and sediment control facilities in connection with an approved SWPPP shall reimburse the Town far all reasonable and necessary enginccring, ertified Inspector, Certified Professional, Uctenscd Professional or Qualified Professional expenses incurred by the Town in connection with the inspection, approval, and if applicable, acceptance by the Talkkm of such facilities and the dedication of the same to the Tomrn," 2. This local law shall take effect upon filing with the Secretary of State. 2nd C1 Stehck Roll Call Mate Cl Makar Yes Page 56 of 77 TB 12 -13 -07 Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes CORTLAND ROAD SEWER DISTRICT Tim Steed of Hunt Engineers said the Town had asked them to review and comment on recommendations made by PLS Engineering for the Village of Dryden. One recommendation was the construction of an interceptor sewer and the other was the upgrade of the Village wastewater treatment plant. These recommendations were reviewed by Hunt given the fact that a lot has changed since the initial report was done in 2005. Initially the Village wanted the Cortland Road Sewer District to pay for the whole interceptor sewer and their share of the wastewater treatment plant. Hunt looked at that recommendation about a year ago on a cursory basis and found that the Village was actually going to contribute some future flows to that interceptor sewer and that some of that cost should be shared by the Village. Preliminarily there was a 80 -2011/o split in the cost of that interceptor sewer. However, a lot has changed since then, including the annexation and some conceptual plans for development of that land. T Steed has spoken with Gary Wood about the plans for that development and what contributions that %rill have on the interceptor sewer and the other wastewater treatment plant. T Steed said that using standard practices they looked at how much flow is going to come from the Cortland Road Sewer District to the area that would be served by the interceptor sewer and how much flow from the Village would come to that point. What they found was different from the 80 -20 split they had originally thought. There will be a lot more flow that comes from the annexed lands. They are presently considering an 80 -room hotel, an office facility, the NYS DOT complex, the Dollar General, etc. Considering that type of development resulted in about 40% coming from the Village and the remainder from the Cortland Road Sewer District. It varies depending on which portion of the interceptor you are looking at because at some point it picks up the commercial area of the Cortland Road Sewer District and part of the residential area of the Village, and then further down the line the high school contributes to that. The percentage they feel the Cortland Road Sewer District is responsible for is roughly the first phase of that (the Freeville Road portion) or 56 %. They recommend that number be used in renegotiation of the sewer agreement and would result in a cost of roughly $181,000 (as opposed to the $323,000 the Village originally wanted). Hunt also looked at the operation of the wastewater treatment plant. They agree with their finding of the 600,000 gallon per day average flow. However, their study used a peak flow rate of about 2,000,000 gallons per day and a factor that: is generally associated with a new plant being constructed to serve a new wastewater system. A new plant serving an old system will probably treat a lot more inflow and infiltration than is being observed at the plant right now. So they feel the report is lacking in the design of the plant being able to handle the peak flow rates and they think that should be addressed sufficiently, whether or not they end up with the same conclusion. A study may determine the peak flow rate to be 2.5 to 3 million gallons and they feel that should be done by the Village before the negotiations are complete. Their last recommendation is that a lot of the costs that are being used right now were developed by PLS in 2005 and costs today, are a lot different. To avoid any further confusion in the negotiation of the intermunicipal agreement, those costs should be amended by the Village's engineer prior to further negotiations. The increase could be from 15% to 30 %. Page 57 of 77 T8 1243 -07 Atty Perkins said one of the things this report does is eliminate a lame portion of what was proposed in the sewer agreement that would require the Town and Village to negotiate respective cast shares of the other phases of the interceptor sewer upgrades_ We now have data from the flaw meters that were put in for the district and the flaw meters for the plant. We have some numbers we can rely on. 'F' Steed has done an analysis on who benefits from the other phased upgrades. Atty Perkins said if you look at page S of the report you 11 see that the Cortland Road Sewer Di! itrict's share is anywhere from 55_8% to 65 %. That is significantly better than the 82 %L If the Tillage en mr er reviews this and the Village accepts this analysis of it, we can eliminate one of the very troublesome parts of the sewer agreement, and that is the agreemenl' to agree in the future and what happens if you don't agree. T Steed said the design by PLS inoluded future development within the Viilage and also within the Cortland Road Sewer District, They used a number of methods to determine that and took an analysis of available lands within the Village and come up with an amount using the area and the minimum lot size, etc. and carne up with a number of potential units that could be placed on available lands, Hunt assumes that wetlands and flood plains were not taken into consideration 1 y PLS- Steeper slopes, the need for starmwater management areas and potential roadways were also not considered_ Hunt laid out some theoretical subdivision and found that of the 348 units predicted by PL S, they may only get about ].98 when the other factors are taken into consideration. This should free up about 70,000 gallons per day in the plant which could be used for future growth. The Town has a much greater area to develop than the [pillage so that capacity may potentially be utilized by the Town in the future, Atty Perkins said the report should be forwarded to the Village and their engineer prior to the meeting scheduled for Tuesday. Cl Makar said the report contains some very factual information and he hopes that everyone in tie district and the Village have an opportunity to see it. PRESENTATION OF TOWN HALL PLAQUE Atty Perkins said the occasion of building a new town hall is not something that happens very often and it ought to be appropriately commemorated. In that regard he took it upon himself to develop a plan for a plaque at no expense to the taxpayers_ He presented it to the board, Dryden Monument Company was kind enough to help design it and order it and will install it (at their own expense)_ The plaque recognizes this great achievement and he asked that we keep in mind the people who are not listed on the plaque who deserve recognition also_ It all started back when dint Cotterill was Supervisor and started putting money aside. It was more formal under Jinn Schug and Mark Varvayanis continued it and this board has continued to support the project_ 'There is no debt, no bonding, and it is all paid for because of sound fiscal planning. Atty Perkins said with credit to Mike Lame the plaque says the building is respectfully dedicated to the Town of Dryden. It also says 'heated and cooled by the earth." Atty Perkins said he would like to publicly acknowledge Jerry Stevenson of McPherson Builders who contributed a great portion of the cosh of the plaque, COUNTY BRIEFING M Hattery thanked Supv Trumbull and Cl Christofferson for their time on the board. He said he appreciated working with both of them and thinks their tenure on the board will be remembered as one in which there was a lot of good will and M. si'oration of trust. He doesn't think anyone will Forgot that. On behalf of the residents he knows, he thanked them for their service to the Town. ENGINEERING Page 59 of 77 TB 12 -1 M7 Dave Putnam said they have had to postpone work on the upper pond filter at the town hall site to find out what is wrong with it. They will need to wait until spring to perform the analysis after the pond thaws and dries out. He said Martha Robertson had previously reported on the county -wide water and sewer study last month. Pending receipt of the grant, the County has awarded TG Miller the job. RECREATION DEPARTMENT Melissa Bianconi was unable to attend the meeting, but provided the board with a report. The board discussed the Recreation Commission's request to have Tammy Sherwood appointed to the commission. RESOLUTION #201 - APPOINT T SHERWOOD TO RECREATION COMMISSION Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Tammy Sherwood to the Recreation Commission with a term to expire December 31, 2008. 211d Cl Makar Roll Call Vote ATTORNEY Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Atty Perkins said he has given the Illicit Discharge local law to Cl Sumner and that it should be introduced at some point. The new board can schedule the and public hearing. Atty Perkins has provided the board with a memo regarding premises at 490 Lower Creek Road. The owners want to connect to water. The board would need to decide whether to permit the connection and what the owner would be charged for connecting to district lines as an out of district user. He said historically the properties along Lower Creek Road had the opportunity to be included in the district and did not want to. Two years ago the estimated cost to connect, if the owner were to construct facilities the way the Town has required in the past, would have been $70,000 not counting the connection charge which would be substantial. The connection charge is computed as what the owner would have paid had he originally been in the district as a benefit assessment over the years. The reason for that is to discourage people from opting out of districts when they are formed and then wanting the service later. There was some discussion about less expensive options using a smaller pipe, but then the Town would riot be interested in purchasing it in the future. The owner would like to simply have a service line (going across private property) to the existing Monkey Run water line. The owner would be responsible for around 18 years of debt service. The board will discuss this again next month_ ZONING OFFICER ZO Slater has provided the board with copies of a quote received for window blinds for the new building and recommends going with the 8 gauge blinds at a cost of $2,700. Page 59 of 77 79H 1 -13 -07 RESOLUTION #202 - AUTHORIZE WDMOW BLINDS Cl Chrliswfferson offered the following resolution and asked for its adoption, RES0LVED, that this Town Board hereby authorizes the purchase of window blinds for the new Town Hall of a cost not to exceed $2,716,00. 2nd Cl Makar Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes O Slater said he has been working on training requirements for the Planning Board and Zoning Board of Appeals and will have something to present to the board soon, There has been no movement with respect to the Tuttle house. ZO Slater expects that we will move forward with the demolition and suggested the asbestos survey be completed_ RESOLUTION 0203 - AUTHORIZE ASBESTOS SURVEY upv Trumbull offered the fallowing resolution and asked for its adoption; RESOLVED, that this Town Board hereby authorizes the preparation of an asbestos survey for the Tuttle house at a cost not to exceed $2,500, 2A CI Stelick Roll Cali Vote Cl Makar Yes Cl Christofferson Yes upv Trumbull Yes O1 Stelick Yes Cl Sumncer Yes O Slatcr thanked Supv TmMbuIl and Cl Christofferson for their service to the Tourn and said that he appreciates the trust they placed in him and lhopes he never failed theta. He said it makes all the difference in the world when the people you work. with have confidence and faith and trust in you to get a jab a done. He wished them good luck in the future. Cl Christofferson said that working with the staff at the Town has been super. The Town of Dryden hall a terrific staff_ They are creative people and good, hard - working people and it's been a pleasure to worse with them. It is easy to trust and the feeling is mutual from his perspective, S upv Trumbull said he also appreciated the employees_ CI Christofferson said a lot of goad things have been accomplished and to keep up the good work- 131 ZWU 4• D Kwa.snowski said since the Stornawater Law was passed, we will need some help_ He will need help with rolling out the stormwator law, setting up a data base to keep of track of projects, monitor and see what may need to be changed, and assist with the farmland protection report, That will involve field work and a baseIine report, He sai[1 he would love to do that work, but w111 be more useful in the office. He received several resumes, including one from Josh Bogdan who is currently workin& in Syracuse and wants to get back into the environmental field. D Kwasnowski said he is the obvious choice because he knows the town Page 60 of 77 TB 12 -13 -07 and the staff and didn't require as high a wage as the others. He presented an employment agreement for the board's review. RESOLUTION #204 - HIRE JOSH BOGDAN Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute an employment agreement with Josh Bogdan at the rate of $19.24 per hour, not to exceed $41,000, subject to review by the Town Attorney. 2 "i C1 Makar Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes D Kwasnowski said there is some training that needs to be accomplished before March to be in compliance with the MS4 program. He would like to encumber money from his budget that he didn't use this year to cover that. The amount of $10,000 should cover that. He has a work plan from TG Miller for about 100 hours. RESOLUTION #20S - ENCUMBER FUNDS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby encumbers the sum of $10,000 from the Environmental Planning budget to be used in 2008. 211d Cl Makar Roll Call Vote CI Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes D Kwasnowski talked with the board about the property at the corner of Pinckney Road and lower Creek that the Campbells would like to donate to the Town. He and R Aguirre of the Finger Lakes Land Trust and Atty Perkins have prepared a document for the board's review. They had some trouble agreeing to the language for the deed restriction on the property but think they have it worked out. The board discussed the restrictions to be placed on the property and possible impacts on future use by the Town. There was a problem with a clause whereby the Town would have to ask permission to make certain improvements to the property. After removal of that clause, the board approved the agreement. RESOLUTION 0206 - APPROVE AGREEMENT WITH FINGER LAKES LAND TRUST, INC. FOR CAMPBELL PROPERTY Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, ghat this Town Board hereby approves an agreement with the Finger Lakes Land Trust, Inc. to acquire the Campbell property at the corner of Lower Creek Road and Pinckney Road, as amended, and the Supervisor is authorized to execute the same. Page 61 o f' 77 21 ,1' C1 Stelick Roll Call Vote TOWN CLERK Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes T!3 12 -13 -07 Dog Control - Supv Trumbull said he just received a letter and the SPCA has received a donation that will allow them to hold their contract increase to 50 %. The board discussed an amendment to the Town's contract and releasing an RFP simultaneously. B Hollenbeck commented that the SPCA is still not providing an accounting of what they do with the money they receive. If they had to submit a bid under the RFP they would have to break down the cost of what they are required to provide by law, and what the additional services, including cats, amounts to. The taxpayers are entitled to know what those extra services cost. The board agreed to go with a 50% increase for the year, with the provision that either party can terminate the agreement on 60 days notice. The board also wants to move forward with releasing the RFP, with or without the participation of the Tompkins County Council of Governments. RESOLUTION #207 - AUTHORIZE AGREEMENT WITH TC SPCA Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute an Amendment to the Agreement with the Tompkins County SPCA, providing for a monthly payment of $2,343.98, with a clause that either party may terminate on 60 days notice, however no termination shall be effective prior to April 1, 2008. 2nd Cl Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes 8 Hollenbeck asked the board to authorize funds for the bulk mail permit and postage expense for the tax bills. RESOLUTION #208 - AUTHORIZE POSTAGE FOR TAX BILLS Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the amount of $175.00 for renewal of the Town's first class bulk mail permit, and an amount not to exceed $1,400 for postage for mailing of the 2008 tax bills. 2114 CI Stelick Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv 'Trumbull Yes Cl Stelick Yes Rage 62 of 77 Cl Sumner Yes T13 12 -13 -07 B Hollenbeck gave board members the annual report of the Town Historian. Cl Makar asked about a budget for the historian. B Hollenbeck said that she had talked with the historian the other day and from the records management budget was able to order some of the supplies she requested to help preserve the records. It was suggested that in the future a budget be provided for the historian's supplies, etc. DISCUSSION The Supervisor has an application from Thomas Fuchs to be appointed to the Youth Commission. RESOLUTION #209 - APPOINT T FUCHS TO YOUTH COMMISSION Cl Christofferson offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Thomas Puchs to the Dryden Youth Commission for a term to expire December 31, 2009. 2a° Supv Trumbull Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl St:elick Yes Cl Sumner Yes Cl Sumner said that Neptune Hose Company now has a three -year contract for fire protection. The board will meet January 2, 2008, at 7:00 p.m. for the organizational meeting. A meeting will be held on January 5, 2008, at 1:00 p.m. to adopt an order calling a public hearing on the map, plan and report for the Cortland Road Sewer District. The regular monthly meeting will be held January 9, 2008 at 7:00 p.m. At that time they will also have the special permit hearing for TC3. A meeting will be held January 18 at a time to be decided to approve the expansion of the Cortland Road Sewer District. Cl Sumner introduced the following local law and set the public hearing for the same for January 2, 2008 at 7:00 p.m. Town of Dryden Local Law to Prohibit Illicit Discharges, Activities and Connections to Separate Storm Sewer System Table of Contents SECTIONI. PURPOSE/INTENT",.,.,.,.,., ................. 111111111111111.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . & 4 0 ......................................................... 64 SECTION2. DEFINITIONS ................................................................................................................ ............................... 6A SECTION3. APPLICABILITY.. ............................ 111141 ........... ................................ 11.1.1 ........................................ 68 SECTION 4, RESPONSIBILITY FOR ADMINISTRATION ............................................................. ............................... 68 Page 63 of 77 TB 12 -13 -07 SECTION5. SECTION SECTION SECTION SEVERABILI TY ............................................................................................................ ............................... 6. DISCHARGE PROHIBITIONS ..................................................................................... ...........................4... 7. PROHIBITION AGAINST AC'T'IVITIES CONTAMINATING STORMWATER ..... ............................... 8. PREVENTION, CONTROL, AND REDUCTION OF STORMWATER POLLUTANTS BY THE 68 68 69 USE OF BEST SECTION SECTION SECTION SECTION SECTION SECTION SECTION16. SECTION SECTION SECTION SECTION20. MANAGEMENT PRACTICES, ............... ............................................................................. 9. SUSPENSION OF ACCESS TO MS4 ........................................................................... ............................... 10. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES ........................... ....1111....................... 11. ACCESS AND MONITORING OF DISCHARGES ................... ............................... ........4...........1.11....... 12. NOTIFICATION OF SPILLS ..................................................................................... ....................4.......... W. 14, APPEAL OF NOTICE OF VIOLATION ..................................................................... ............................... IS. CORRECTIVE MEASURES AFTER APPEAL,...... ...... I ... posabs" ............. ............................. .............. INJUNCTIVE RELIEF ................................................................................................... .............................73 17. ALTERNATIVE REMEDIES....,,,,.,.,.,., ............ ............................................................ w .............. 18, VIOLATIONS DEEMED A PUBLIC NUISANCE. . ........... ...................... ............. I .... 411,11.1 .... 19. REMEDIES NOT EXCLUSIVE. .......................... ....................................................... ........4...................... EFFECTIVE DATE ........................................................................................................ .............................73 69 70 70 70 71 72 72 73 73 73 Town of Dryden Local Law to Prohibit Illicit Discharges, Activities and Connections to the Separate Storm Sewer System Proposed Local Law Number 1 of the Year 2008. Be it enacted by the Town Board of the Town of Dryden as follows: SECTION 1. PURPOSE /INTENT. ./ The purpose of this law is to protect the health, safety, and general welfare of the citizens of the Town of Dryden through the regulation of non - stormwater discharges to the municipal separate storm sewer system (MS4) and surface waters to the maximum extent practicable as required by federal and state law. This law 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. The intent of this law is: 1.1 To meet the requirements of the SPDES General Permit for Stormwater Discharges from the MS4 (Permit No. GP- 02 -02); 1.2 To regulate the introduction of pollutants to the MS4 since such systems are not designed to accept, process or discharge non - Stormwater wastes; 1.3 To prohibit illicit discharges, activities and connections to the MS4 and surface waters; 1.4 To establish legal authority to carry out inspection, surveillance and monitoring procedures necessary to ensure compliance with this law; and I'S To promote public awareness of the 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 and surface waters. SECTION 2. DEFINITIONS. ® Whenever used in this law, unless a different meaning is stated in a definition applicable to only a portion of this law, the following terms will have meanings set forth below: Page 64 of 77 TB 12 -13 -07 2.1 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. 2.2 Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.).. 2.3 Construction Activity. Activities requiring authorization under the SPDES Permit GP- 02-01 for stormwater discharges from construction activity. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing, grubbing, grading, excavating, and demolition. 2.4 Department. The New York State Department of Environmental Conservation. 2.5 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 improperly managed. 2.6 Illicit Connections. Any drain or conveyance, whether on the surface or subsurface, ® which allows an illegal discharge to enter the MS4 or surface water, including but not limited to: 2.6.1. Conveyances which allow any non- stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 or surface water and any connections to the storm drain system or surface water from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved; or 2.6.2. Drains or conveyances connected from a commercial or industrial use to the MS4 or surface water which have not been shown on Town - approved plans, maps, or equivalent records. 2.7 Illicit Dischartze. Any direct or indirect non - stormwater discharge to the MS4 or surface water, except those exempted in Section 6 of this law. 2.8 Individual Sewage Treatment System. A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except those for which a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law. 0 2.9 Industrial Activity. Activities requiring the SPDES Permit. GP -90 -03 for discharges from industrial activities except construction. Page 65 of 77 ,I1*B 12 -13 -07 2. 10 MS4. Municipal Separate Storm Sewer System. 2.11. Municipal Separate Storm Sewer System. A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, roan -made channels, or storm drains): 2.11.1 Owned or operated by the Town of Dryden; 2.11.2 2.11.3 2.1.1.4 Designed Which is Which is or used for collecting or conveying stormwater; not a combined sever; and not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR 122.2 2.12 Town. The Town of Dryden, Tompkins County, New York, 2.13 Non - Stormwater Discharge. Any discharge to the MS4 or surface water that is not composed entirely of stormwater. 2.14 Person shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description, and acting as either the owner or the owner's agent. 2.1.5 Pollutant. Any material which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards, including but not limited to: dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, detergents, automotive fluid or residue, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, industrial waste, municipal waste, agricultural waste, or ballast discharged into water. 2.16 Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking areas. 2.17 Special Conditions. 2.17.1 Discharge Compliance with Water Quality Standards. The condition that applies where the town has been notified that the discharge of stormwater authorized under its 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. 2.17.2 303(4) 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. 2.17.3 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 EPA for a waterbody or watershed into which the MS4 discharges. If the dischw-ge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in ® the TMDL is achieved. 2.17.4 The condition in the town's MS4 permit that applies if a TMDL is approved in the future by EPA for any wat:erbody or watershed into which an MS4 discharges. Under Page 66 of 77 `I "B 12 -13 -07 this condition the municipality 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. 2.18 State Pollutant Discharge Elimination System (SPDES) Stormwater Discharge Permit. A permit issued by the Department that authorizes the discharge of pollutants to waters of the state. 2.19 Stormwater. Rainwater, surface runoff, snowmelt and drainage. 2.20 Stormwater Management Officer (SMO). An employee of the town or town officer designated by the Town Boardto enforce this local law. The SMO is also designated by the town to accept and review stormwater pollution prevention plans, forward the plans to the applicable board and inspect stormwater management practices. 2.21 Surface Waters. Surface Waters of the State of New York, 2.22 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 stake 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. 2.23 303(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. The list isprepared periodically by the Department as required by Section 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. 2.24 TMDL. Total Maximum Daily Load, 2.25 Total Maximum Daily Load. 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. 2.26 Wastewater. Water that is not stormwater, is contaminated with pollutants and is or will be discarded. 2.27 Wetland. Any area which meets one or more of the following criteria: 2.26.1 Lands and waters that meet the definition provided in New York State Environmental Conservation Law, Article 24, "Freshwater Wetlands Act." The approximate boundaries of such lands and waters are indicated on the official wetlands map promulgated by the Commissioner of the New York State Department of Environmental Conservation, or as amended and updated. Page 67 of 77 TB 12 -13 -07 O2.26.2 Areas which meet the definition used by the US Army Corps of Engineers and US Environmental Protection Agency: "Areas that are inundated or saturated by surface or ground water at: a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." SECTION 3. APPLICABII.ITY. This law shall apply to all stormwater and wastewater entering the MS4 or surface waters generated on any lands within the town unless explicitly exempted. SECTION 4. RESPONSIBILITY FOR ADMINISTRATION. 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 in writing by the SMO as authorized by the town. SECTION 5. SEVERABILITY. The provisions of this law are hereby declared to be severable. If any section, provision, clause, sentence, or paragraph of this law or the application thereof to any personpremises or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this law. SECTION 6. DISCHARGE PROHIBITIONS. 6.1 Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 or surface waters any materials other than stormwater except as exempted in Section 6.1.1. The commencement, conduct or continuance of any illegal discharge to the MS4 or surface water is prohibited, except as exempted in Section 6.1.1.: 6.1.1 The following discharges are exempt from the discharge prohibitions established by this local law, unless the Department or the town has determined them to be substantial contributors of pollutants: public water line flushing or flushing of other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire fighting activities, and any other water source not containing pollutants. 6.1.2 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 local law. Page 68 (,)F77 T.B 12 -13 -07 6.1.3 Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the commencement of the test. 6.1.4 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 Department, 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. 6.2 Prohibition of Illicit Connections. 6.2.1 The construction, use, maintenance or continued existence of illicit connections to the MS4 or to surface water is prohibited. 6.2.2 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. 6.2.3 A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4 or to surface water, or allows such a connection to continue. SECTION 7. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER 7.1 Activities that are subject to the requirements of this section are those types of activities that: 7.1.1. Cause or contribute to a violation of the town's MS4 SPDES Permit. 7.1.2 Cause or contribute to the town being subject to the Special Conditions as defined herein. 7.2 Such activities may include failing individual sewage treatment systems as defined herein, improper management of animal waste, excessive application of fertilizer or pesticides not in accordance with label directions, storage of such materials where they are exposed to storrnwater, or any other activity that causes or contributes to violations of the town's MS4 SPDES Permit. 7.3 Agricultural activities are exempt from regulation under this section if they: a) meet the requirements of any applicable agricultural regulations; and b) are participating in the Agricultural Environmental Management program or otherwise applying current agricultural best management practices; or c) are determined to be sound agricultural practices, as described in the New York Agriculture and Markets Law. 7.4 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, 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. SECTION 8. PREVENTION, CONTROL, AND REDUCTION OF STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. Page 69 of 77 TB 12 -13-07 is 8.1 Best Management Practices. Where the SMO has identified illicit discharges or activities contaminating stormwater the town may require implementation of Best Management Practices (BMPs) to control such illicit. discharges and activities. 8. 1.1 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 or into surface waters through the use of BMPs. 8.1.2 Any person responsible for a premises or operations, which are, or may be, the source of an illicit discharge or an activity contaminating stormwater, may be required to implement, at said person's expense, additional BMPs to reduce or eliminate the source of pollutant(s) to the MS4 or to surface waters. 8.1.3 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. SECTION 9. SUSPENSION OF ACCESS TO M84. 9.l 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 and the reasons for the suspension. If the ® violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons, 9.2 Suspension due to the detection of illicit discharge. Any person discharging to the town's MS4 in violation of this law may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO shall notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for reconsideration and a hearing. Suspension of the termination to MS4 access may be lifted by the SMO if the SMO 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 that the illicit discharge has not ceased or is likely to reoccur. Such determination shall be in writing. It is a violation of this local law if a person discharges to the town's MS4 after termination pursuant to this Section, without the prior written approval of the SMO. SECTION 10. 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 or as a condition of continuing discharges to the MS41 SECTION 11. ACCESS AND MONITORING OF DISCHARGES. I L I Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this law, or whenever the SMO has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this law. Page 70 of 77 14B 12 -13 -07 11.2 Access to Facilities. 11.2.1 The SMO shall be permitted to enter and inspect premises subject to regulation under this law as often as may be reasonably necessary to determine compliance with this law. 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. 11.2.2 Facility operators shall allow the SMO reasonable access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be reasonably required to enforce this law. 11.2.3 The town shall have the right to install or establish on any premises subject to this law, such devices as are reasonably necessary in the opinion of the SMO to conduct monitoring and /or sampling of the premises' stormwater discharge. All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid for by the discharger. 11.2.4 The town may require premises subject to this law to install monitoring equipment as may be reasonably necessary to determine compliance with this law. The premises' sampling and monitoring equipment shall be maintained at all tithes 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. All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid for by the discharger. 11.2.5 If the SMO has been refused access to any part of the premises from which stormwater is discharged, and the SMO is able to demonstrate probable cause to believe that there may be a violation of this law, or that there is a need to inspect and /or sample discharges to verify compliance with this law or any order issued hereunder, then the SMO may seek a search warrant from any court of competent jurisdiction. SECTION 12. NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for premises or operations, or responsible for emergency response for premises or operations has information of any known or suspected release of materials which results or may result in illegal discharges or pollutants discharged into the MS4 or a surface water, said person shall take all necessary steps to ensure the containment and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify the relevant emergency response agencies of the occurrence, and then notify the SMO as soon as possible. In the event of a release of non- hazardous materials, said person shall notify the SMO 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 SMO within three business days of telephone notice. 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 years. SECTION 13. ENFORCEMENT. 13.1. Notice of Violation. Page 71 of 77 TB 12 -I M7 When the SMO finds that a person has violated a provision of this law, the SMO may order compliance by written notice of violation to such person. Such notice may require, without limitation: 13. 1.1 The elimination of illicit connections or discharges; 13.1.2 That violating discharges, practices, or operations cease and desist; 13.1.3 The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 13.1.4 The performance of monitoring, analyses, and reporting. (All expenses in connection with the installation, monitoring and maintenance of such equipment shall be the responsibility of and paid by the discharger); 13.1.5 Payment of a fuse; and 13.1.6 The implementation of source control or treatment BMPs. 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 provide that, should the violator fail to remediate or restore the affected property within the established deadline, the work may be done by the town or other governmental agency, or by a contractor and the expense thereof shall be charged to and payable by the violator. 13.2 Penalties. In addition to or as an alternative to any other penalty or remedy provided herein or by law, any person who violates the provisions of this local laws shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350) 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) 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. For the purposes of conferring jurisdiction upon courts and judicial officers generally, a third violation of this local law shall be deemed an unclassified misdemeanor 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. SECTION 14. APPEAL OF NOTICE OF VIOLATION. Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town Board within 15 days of the receipt of such Notice. The Town Board shall hear the appeal within 30 days after the filing of the appeal. Within five days of making its decision, the decision shall be filed in the office of the town clerk and a copy of such decision shall be mailed by certified mail to the discharger. SECTION 15. CORRECTIVE MEASURES AFTER APPEAL. 15.1 If a violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within five (5) business days of the filing of the decision of the Town Board upholding the decision of the SMO, then the Page 72 cif 77 TB 12 -13 -07 ® SMO may enter the subject premises, and take any and all measures reasonably necessary to abate the violation and /or restore the affected property. 15.2 If the SMO is refused access to the subject premises, the SMO may seek an injunction in a court of competent jurisdiction authorizing entry upon the premises to determine whether the violation continues. Upon determination that a violation is continuing, the SMO may seek further injunctive relief in order to take any and all measures reasonably necessary to abate the violation and /or restore the affected property. The cost of implementing and maintaining such measures shall be the scale responsibility of the violator. SECTION 16. INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provisions of this law or fail to comply with any of the requirements of this law. If a person has violated or continues to violate the provisions of this law, the SMO may petition a court of competent jurisdiction for a preliminary or permanent injunction restraining the person further violations or compelling the person to perform abatement or remediation of violations. SECTION 17. ALTERNATIVE REMEDIES. 17.1 Where a person has violated a provision of this law, they may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, where: 17..1.1 The violation was unintentional ® 17.1.2 The violator has no history of previous violations of this law. 1.7.1.3 Environmental damage was minimal. 17.1.4 Violator acted promptly to remedy the violation. 17. 1.5 Violator cooperated in investigation, abatement and remediation. 17.2 Alternative remedies may consist of one or more of the following: 17.2.1 Attendance at a compliance workshop(s); 17.2.2 Storm drain stenciling or storm drain marking; 17.2.3 River, stream or creek cleanup. SECTION 18. VIOLATIONS A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this law is a threat to public health, safety, and welfare, and is declared and deemed to be a nuisance, and may be abated or restored at the violator's expense, by a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance. SECTION 19. NOT EXCLUSIVE. The remedies listed in this law are not exclusive of applicable federal, state or local law and it is within SMO whether to seek cumulative remedies. SECTION 20. EFFECTIVE DATE. any other remedies available under any the sole and absolute discretion of the This Local Law shall be effective upon filing with the office of the Secretary of State. Page 73 of 77 TB 12 -13.0 7 Bolton Point Water Rates Supv Trumbull said Bolton Point has raised its rates $1.10 and suggested the Town also raise its rates. He suggested increasing it to $33.00 per thousand gallons from $31.90. RESOLUTION #210 - INCREASE WATER RATES Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby increased the water rate charge from $.31.9 per hundred gallons ($31.90 base charge) to $33 per hundred ($33.00 base charge). 2nd Cl Sumner Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Supv Trumbull said Deb Hattery has resigned effective December 24, 2007, Paul Perkins has sent a letter asking for help for the VFW. After discussion, the board decided to give them $300 from the celebrations fund. RESOLUTION #211 - AUTHORIZE FUNDS FOR DRYDEN VETERANS MEMORIAL HOME Cl Makar offered the following resolution and asked for its adoption: RESOLVED, that this Town Board does hereby authorize the expenditure of $300 from the celebrations fund to the Dryden Veterans Memorial Home, Inc. 2nd Cl Christofferson Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION #212 - BUDGET MODIFICATION Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the appropriation of $307,761.4$ from A599 to H2O0 in connection with the construction of the new town hall. 2nd Supv Trumbull Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Page 74 of 77 TB 12 -13 -07 CI Stelick Yes C1 Sumner Yes HUD Loans /Grants Committee Cl Makar said there are two grant opportunities for the Town to apply for housing rehab funds. The first is from the Governor's Office for Small Cities ($400,000). This is the same one the Village of Dryden applied for last year and received. It is about 65% spent so they have done quite a bit with it in the Village. He said he would like to take the money in the 2007 budget and use it for the Town to apply in 2008. There is another Federal program, called the Home Grants Program. It is very similar, but less money (about $200,000). The application -is a lot easier and does not take as much research and surveying. Cl Makar said he shopped around to see who could do these jobs. He talked with Bernie Thoma of Thoma Consulting in Cortland and with John Spence of Better Housing in Tompkins County and they both submitted quotes. Thoma has come back and said they will do both applications for the Town and because it is combined they will take $800 off the total. In addition, because of our service agreement they will take an additional 5% off the combined application costs. The total cost for both applications should be approximately $8,500. Cl Makar said if we don't receive either grant, we can use the same applications next year and Thoma has quoted it to be $750 to use the same applications. He recommends going with the package from Thoma. RESOLUTION 0213 - AUTHORIZE AGREEMENT WITH THOMA Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the Town Supervisor to execute a contract with Thoma Development for preparation of two housing rehabilitation grant applications at a total cost not to exceed $8,500.00. 2nd Cl Sumner Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes If we receive the grant, applications for people to apply won't start until next December. K Ezell said there is still a need to purchase an analog card for the phone system, so there can be a phone for public use in the hall and so there are dedicated lines for the fire alarm systems. The cost for the card and installation will be less than $800. RESOLUTION #214 - AUTHORIZE PURCHASE OF ANALOG CARD Cl Stelick offered the following resolution and asked for its adoption: WHEREAS, the Town of Dryden has recently moved into a new building, and WHEREAS, in the interest of lowering costs, the Town has invested in a new telephone system in order to share phone lines and reduce the total number of phone lines under contract, and Page 75 of 77 TB 12 -13 -07 WHEREAS, in order to allow the company that services the computer for our heating and cooling system access without: incurring the cost of an additional phone line, an analog card needs to be installed to allow access by modem to said computer, NOW, THEREFORE, BE IT RESOLVED, that the Town of Dryden authorizes the purchase and installation of an analog card by All -Mode Communication, for an amount not to exceed $800. 2nd Cl Makar Roll Call Vote Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes RESOLUTION #215 - APPROVE ABSTRACT #12 Supv Trumbull offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #12, as audited, vouchers #988 through # 1102, totaling $358,712.46. 2nd Cl Makar Roll Call Vote =7 Cl Makar Yes Cl Christofferson Yes Supv Trumbull Yes Cl Stelick Yes Cl Sumner Yes Cl Makar said the Technology Committee met with one of the people who responded to the RFP for redevelopment of website on Monday for about two hours. He was given a list of questions to answer at the end of the meeting. They are meeting with another interested person next week, and expect to be able to make a recommendation in January with potentially the new website being launched three months after it starts. Cl Stelick thanked Cl Christofferson for his four years of service to the Town of Dryden. He said he has made the Town of Dryden a better place with the effort he put forth. When the Supervisor appointed Cl Christofferson and Cl Stelick to the building committee things took off and four years later we have a beautiful new town hall to be proud of. There were some spirited discussions from the screws to be used to the color of the carpet. Cl Stelick said he really appreciates the effort and Cl Christofferson made a difference and it has been a pleasure working with him. Cl Stelick thanked Supv Trumbull and said when he was a 71h grader at school Mr Trumbull always made a point of saying hi and always had a smiling face and still does to this day. He said he has been fortunate in the last four years to be closer than he was back then and appreciates the time and effort. Just like Cl Christofferson, Supv Trumbull has made the Town of Dryden a better place. He always did what he thought was best for the Town, regardless of political affiliation and he wasn't beholding to anyone. The annexation was an Page 76 of 77 12 -13 -07 example of that. He also thanked Supv Trumbull for the discussions he has allowed the Town Board to have through the years because he has been to others where the meeting is run by one person and there is not a lot of discussion going on. This board has been allowed to discuss a lot of things because of the Supervisor's leadership. He wished him well. There being no further business, the meeting was adjourned at 9:34 p.m. Res ctf 11 submitted, w ,V!. Bambi L. Hollenbeck Town Clerk Page 77 of 77 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Annlicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Dryden Town of Dryden Local Law for Highway Specifications 3, PROJECT LOCATION: Municipality Town of Dryden County Tompkins 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) Town of Dryden, Tompkins County 5. PROPOSED ACTION IS: ✓� New Expansion Modificationialterallon 6. DESCRIBE PROJECT BRIEFLY: Adopt Local Law Establishing Specifications for New Town Highways 7, AMOUNT OF LAND AFFECTED: Initially Appx. 94 sq, miles acres Ultimately Appx, 94 square nti. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes El No II No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? F1 Residential F1 Industrial Commercial Agriculture ParldForest/Open Space a✓ Other Describe: All lands and uses %kithin the Town of Dryden. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL. AGENCY (FEDERAL, STATE OR LOCAL)? Yes No If Yes, list agency(s) name and perrnit/approvata: 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes n No If Yes, list agency(s) name and permiVapprovals: 12_ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? Yes ✓0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE $EST OF MY KNOWLEDGE Applicant/sponsor name: Steven Trumbull wn Supervisor, Town of Dryden Date: 12/13/2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ;Reset PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes a No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answets may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None. C2. Aesthetic, agricultural, archaeotoglcal, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: Nrone. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: \one. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other nature! resouroes? Explain briefly: None. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None. C6. Long term, short term, cumulative, or other effects not identified In CI-05? Explain briefly: None. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes F No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes a No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF andlor prepare a positive declaration, O Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Dryden Name of Lead Agency Steven M. Trumbull 12/13/2007 Date Town Supervisor Ifle of Responsible Officer Signature of Preparer (if different from responsible officer) Reset 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor 1. APPLICANT /SPONSOR 2. PROJECT NAME Town of Dryden Town of Dryden Local Law for Stormwater Management 3. PROJECT LOCATION: Municipality Town of Dryden County Tompkins 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Dryden, Tompkins County S. PROPOSED ACTION IS: 0 New Expansion E] Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: Adopt local stormwater management law, as well as zoning, subdivsion, and local Law #5 year 2000 modifications in compliance with DEC General Permit 02 -02. 7. AMOUNT OF LAND AFFECTED: Initially Apex. 94 sq. miles acres Ultimately AppK• 94 square mi. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ✓❑ Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 11 Residential Industrial Commercial Agriculture ParklForest/Open Space a Other Describe: All lands and uses within the Town of Dryden except agriculture. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 0 Yes F No If Yes, list agency(s) name and permiVapprovals: DEC SPDLS General Pemnit for Stonnwater Discharges from MS4s GP -02 -02 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? QYes No If Yes, list agency(s) name and permillapprovals: DEC SPDE.S General Permit for Stormwater Discharges from MS4s GP -02 -02 DEC SPDES General Permit for Stormwater Discharges frorn i4S4s GP -02 -01 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? El Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF PAY KNOWLEDGE Applicant/sponsor name: Steven Trumbul 9 Su ervisor, Town of Dryden Date: 12/13/2007 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II = IMPACT ASSESSMENT To be completed by Lead Agency) FA. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. n Yes n No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency, nYes n No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOIMNG: (Answers may be handwritten, if legible) Ci_ Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste producflon or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None. C2. Aesthetic, agricultural, archaeological, historic, or other natural or c iltural resources; or community or neighborhood character? Explain briefly: None. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? 'Explain briefly: None. C4. A community's existing plans or goals as ofiicrally adopted, or a change in use or intensity of use of land or other natural resources? Explain brlefly: None. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None. C6. Longterm, short term, cumulative, or other effects not identified in C1 -05? Explain briefly: None. C7. Other Impacts (including changes in use of either quantity or type of energy)? Explain briefly: \one. 0. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? 11 Yes F,/] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONrv1ENTAL IMPACTS? E] Yes 0 No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be oompleted by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ElCheck this box if you have identified one or more potentially large or significant adverse Impacts which MAY occtir. Then proceed directly to the FU' EAF andJor prepare a positive declaration. Q Check this box if you have determined, based on the information and analysis above and" supporting documentation, that the proposed action IM L. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Dryden Name of Lead Agency Steven M. Trumbull 12i i 3/2007 Date Town Supervisor Tile of Responsible Officer, Signature of Preparer (if different from responsible officer)