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NEW YORK STATE DEPARTMENT OF STATE
41,STATE STREET
Local Law Filing NY 12231
(Use this form to file a local law with the Secretary of State.)
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Text of law should be given as amended. Do not include matter being eliminated ai #too>not cask
italics or underlining to indicate new matter.
❑ County
❑ City of Newfield
)I Town
y+ 3
❑ Village
Local Law No. 2 of the year 20 07 -
A local law to establish stormwater management and erosion and sediment control
(Insert Title)
law
Be it enacted by the Town Board Members of the
(Name of Legislative Body)
• ❑ County
❑ City of Newfield as follows:
❑ Town
❑ Village
(Delete this line of text and enter text of local law here)
The purpose of this local law is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety
and welfare of public residing within this jurisdiction and to address the findings
of fact in Section compatible with the natural functions of a particular site or
an entire watershed and thereby mitigate the adverse effects of erosion and
sedimentation form development.
•
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05T — Page 1 of 3
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Local Law 2-2007
To Establish Stormwater Management and Erosion and Sediment Control Law.
Article 1. General Provisions
Section 1. Findings of Fact
It is hereby determined that:
1.1 Land development activities and associated increases in site impervious cover
often alter the hydrologic response of local watersheds and increased stormwater
runoff rates and volumes, flooding, stream channel erosion, or sediment transport
and deposition;
1.2 This stormwater runoff contributes to increased quantities of water-borne
pollutants,including siltation of aquatic habitat for fish and other desirable
species;
1.3 Clearing and grading during construction tends to increase soil erosion and add
to the loss of native vegetation necessary for terrestrial and aquatic habitat;
1.4 Improper design and construction of stormwater management practices can
increase the velocity of stormwater runoff thereby increasing stream bank erosion
and sedimentation;
• 1.5 Impervious surfaces allow less water to percolate into the soil,thereby decreasing
groundwater recharge and stream baseflow;
1.6 Substantial economic losses can result from these adverse impacts on the waters
of the municipality;
1.7 Stormwater runoff, soil erosion and nonpoint source pollution can be controlled
and minimized through the regulation of stormwater runoff from land
development activities;
1.8 The regulation of stormwater runoff discharges from land development activities
in order to control and minimize increases in stormwater runoff rates and
volumes,soil erosion,stream channel erosion,and nonpoint source pollution
associated with stormwater runoff is in the public interest and will minimize
threats to pubic health and safety.
1.9 Regulation of land development activities by means of performance standards
governing stormwater management and site design will produce development
compatible with the natural functions of a particular site or an entire watershed
and thereby mitigate the adverse effects of erosion and sedimentation form
development.
Section 2. PURPOSE
The purpose of this local law is to a blish minimum stormwater management
requirements and controls to prot t and safeguard the general health, safety,and welfare
• of public residing within this j • diction and to address the findings of fact in Section 1
• compatible with the natural functions of a particular site or an entire watershed
and thereby mitigate the adverse effects of erosion and sedimentation form
development.
Section 2. Purpose
The purpose of this local law is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety,and welfare
of public residing within this jurisdiction and to address the findings of fact in Section 1
hereof. This local law seeks to meet those purposes by achieving the following
objectives:
2.1 Meet the requirements of minimum measures 4 and 5 of the SPDES General
Permit for Stormwater Discharge from Municipal Separate Stormwater Sewer
Systems(MS4's)Permit no. GP-02-02 or as amended or revised;
2.2 Require land development activities to conform to the substantive requirements of
the NYS Department of Environmental Conservation State Pollutant Discharge
Elimination System(SPDES)General Permit for Construction Activities GP-02-
01 or as amended or revised;
2.3 Minimize increases in stormwater runoff from land development activities in
order to reduce flooding,siltation, increases in stream temperature,and
• streambank erosion and maintain the integrity of stream channels;
2.4 Minimize increases in pollution caused by stormwater runoff from land
development activities which would otherwise degrade local water quality;
2.5 Minimize the total annual volume of stormwater runoff which flows from any
specific site during and following development to the maximum extent
practicable;and
2.6 Reduce stormwater runoff rates and volumes,soil erosion and nonpoint source
pollution,wherever possible,through stormwater management practices and to
ensure that these management practices are properly maintained and eliminate
threats to public safety.
Section 3. Statutory authority
In accordance with Article 10 of the Municipal Home Rule Law of the State of New
York, the Town Board of Newfield has the authority to enact local laws and amend local
laws and for the purpose of promoting the health,safety or general welfare of the Town
of Newfield and for the protection and enhancement of its physical environment. The
Town Board of Newfield may include in any such local law provisions for the
appointment of any municipal officers,employees,or independent contractor to
effectuate, administer and enforce such local law.
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• Section 4. Applicability
4.1 This local law shall be applicable to all land development activities as defined in
this local law,Article 2, Section 1.
4.2 The municipality shall designate a Stormwater Management Officer who shall
accept and review all stormwater pollution prevention plans and forward such
plans to the applicable municipal board. The Stormwater Management Officer
may(1)review the plans, (2)upon approval by the Town Board of the Town of
Newfield,engage the services of a registered professional engineer to review the
plans, specifications and related documents at a cost not to exceed a fee schedule
established by said governing board,or(3)accept the certification of a licensed
professional that the plans conform to the requirements of this law.
4.3 All land development activities subject to review and approval by the Town
Board and/or Code Enforcement, of the Town of Newfield shall be reviewed
subject to the standards contained in this local law.
4.4 All other land development activities not subject to review as stated in section 4.3
shall be required to submit a Stormwater Pollution Prevention Plan(SWPPP)to
the Stormwater Management Officer who shall approve the SWPPP if it complies
with the requirements of this law.
• Section 5. Exemptions
The following activities maybe exempt from review under this law.
5.1 Agricultural activity as defined in this local law.
5.2 Logging activity undertaken pursuant to an approved timber management plan
prepared or approved by the County Soil&Water Conservation District or the
New York State Department of Environmental Conservation,except that landing
areas and log haul roads are subject to his law.
5.3 Routine maintenance activities that disturb less than five acres and are performed
to maintain the original line and grade,hydraulic capacity or original purpose of a
facility.
5.4 Repairs to any stormwater management practice or facility deemed necessary by
the Stormwater Management Officer.
5.5 Any part of a subdivision of a plot for the subdivision has been approved by the
Town of Newfield on or before the effective date of this law.
5.6 Land development activities for which a building permit has been approved on or
before the effective date of this law.
• 5.7 Cemetery graves.
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5.8 Installation of fence, sign,telephone, and electric poles, and other kinds of posts
or poles.
5.9 Emergency activity immediately necessary to protect life,property or natural
resources.
5.10 Activities of an individual engaging in home gardening or growing flowers,
vegetables and other plants primarily for use by that person for his or her family.
5.11 Landscaping and horticultural activities in connection with an existing structure.
Article 2. Stormwater Control
Section 1. 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.
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.
Building-any structure,either temporary or permanent,having walls and a roof,
designed for the shelter of any person,animal,or property,and occupying more than 100
square feet of area.
Channel-a natural or artificial watercourse with a definite bed and banks that conducts
continuously or periodically flowing water.
Clearing-any activity that removes the vegetative surface cover.
Dedication -the deliberate appropriation of property by its owner for general public use.
Department-the New York State Department of Environmental Conservation
Design Manual-the New York State Stormwater Management Design Manual,most
recent version including applicable updates,that serves as the official guide for
stormwater management principles,methods and practices.
Developer-a person who undertakes land development activities.
Erosion Control Manual-the most recent version of the"New York Standards and
Specifications for Erosion and Sediment Control"manual,commonly known as the"Blue
• Book".
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Grading- excavation or fill of material,including the resulting conditions thereof.
Impervious Cover-those surfaces,improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water(e.g., building rooftops,pavement, sidewalks,
driveways, etc).
Industrial Stormwater Permit-a State Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries which regulates the pollutant
levels associated with industrial stormwater discharges or specifies on-site pollution
control strategies.
Infiltration-the process of percolating stormwater into the subsoil.
Jurisdictional Wetland-an area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions,commonly known as hydrophytic
vegetation.
Land Development Activity-construction activity including clearing, grading,
excavating, soil disturbance or placement of fill that results in land disturbance of equal
to or greater than one acre,or activities disturbing less than one acre of total land area
that is part of a larger common plan of development or sale,even though multiple
separate and distinct land development activities may take place at different times on
• different schedules.
Landowner-the legal or beneficial owner of land,including those holding the right to
purchase or lease the land,or any other person holding proprietary rights in the land.
Maintenance Agreement-a legally recorded document that acts as a property deed
restriction,and which provides for long-term maintenance of stormwater management
practices.
Nonpoint Source Pollution-pollution from any source other than from any discernible,
confined,and discrete conveyances,and shall include,but not be limited to,pollutants
from agricultural, silvicultural,mining,construction, subsurface disposal and urban
runoff sources.
Phasing-clearing a parcel of land in distinct pieces or parts,with the stabilization of
each piece completed before the clearing of the next.
Pollutant of Concern-sediment or a water quality measurement that addresses sediment
(such as total suspended solids,turbidity or siltation)and any other pollutant that has
been identified as a cause of impairment of any water body that will receive a discharge
from the land development activity.
Project-land development activity.
• Recharge-the replenishment of underground water reserves.
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• Sediment Control-measures that prevent eroded sediment from leaving the site.
Sensitive Areas-cold water fisheries, shellfish beds, swimming beaches,groundwater
recharge areas,water supply reservoirs,habitats for threatened,endangered or special
concern species.
SPDES General Permit for Construction Activities GP-02-01 -A permit under the
New York State Pollutant Discharge Elimination System(SPDES)issued to developers
of construction activities to regulate disturbance of one or more acres of land.
SPDES General Permit for Stormwater Discharges from Municipal Separate
Stormwater Sewer Systems GP-02-02-A permit under the New York State Pollutant
Discharge Elimination System(SPDES)issued to municipalities to regulate discharges
from municipal separate storm sewers for compliance with EPA established water quality
standards and/or to specify stormwater control standards
Stabilization-the use of practices that prevent exposed soil from eroding.
Stop Work Order-an order issued which requires that all construction activity on a site
be stopped.
Stormwater-rainwater,surface runoff,snowmelt and drainage
Stormwater Hotspot-a land use or activity that generates higher concentrations of
• hydrocarbons,trace metals or toxicants than are found in typical stormwater runoff, based
on monitoring studies.
Stormwater Management-the use of structural or non-structural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts on property,
natural resources and the environment.
Stormwater Management Facility-one or a series of stormwater management
practices installed,stabilized and operating for the purpose of controlling stormwater
runoff.
Stormwater Management Officer-an employee or officer designated by the
municipality to accept and review stormwater pollution prevention plans,forward the
plans to the applicable municipal board and inspect stormwater management practices
Stormwater Management Practices(SMPs)-measures,either structural or
nonstructural,that are determined to be the most effective,practical means of preventing
flood damage and preventing or reducing point source or nonpoint source pollution inputs
to stormwater runoff and water bodies.
Stormwater Pollution Prevention Plan(SWPPP)-a plan for controlling stormwater
runoff and pollutants from a site during and after construction activities.
Stormwater Runoff-flow on the surface of the ground, resulting from precipitation
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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 defmition are not waters of the state. This
exclusion applies only to manmade bodies of water which neither were originally created
in waters of the state(such as a disposal area in wetlands)nor resulted from
impoundment of waters of the state.
Watercourse-a permanent or intermittent stream or other body of water,either natural
or man-made,which gathers or carries surface water.
Waterway-a channel that directs surface runoff to a watercourse or to the public storm
drain.
Section 2. Stormwater Pollution Prevention Plans
2.1. Stormwater Pollution Prevention Plan Requirement
No application for approval of a land development activity shall be reviewed until
the appropriate board has received a Stormwater Pollution Prevention Plan
• (SWPPP)prepared in accordance with the specifications in this local law.
2.2. Contents of Stormwater Pollution Prevention Plans
2.2.1 All SWPPPs shall provide the following background information and
erosion and sediment controls:
1. Background information about the scope of the project,including
location,type and size of project.
2. Site map/construction drawing(s)for the project,including a
general location map.At a minimum,the site map should show the
total site area;all improvements;areas of disturbance;areas that
will not be disturbed;existing vegetation;on-site and adjacent
offsite surface water(s);wetlands and drainage patterns that could
be affected by the construction activity;existing and final slopes;
locations of off-site material,waste,borrow or equipment storage
areas;and location(s)of the stormwater discharges(s);
3. Description of the soil(s)present at the site;
4. Construction phasing plan describing the intended sequence of
• construction activities,including clearing and grubbing,excavation
and grading,utility and infrastructure installation and any other
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activity at the site that results in soil disturbance. Consistent with
the New York Standards and Specifications for Erosion and
Sediment Control (Erosion Control Manual),not more than five(5)
acres shall be disturbed at any one time unless pursuant to an
approved SWPPP.
5. Description of the pollution prevention measures that will be used
to control litter,construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
6. Description of construction and waste materials expected to be
stored on-site with updates as appropriate,and a description of
controls to reduce pollutants from these materials including storage
practices to minimize exposure of the materials to stormwater,and
spill-prevention and response;
7. Temporary and permanent structural and vegetative measures to be
used for soil stabilization,runoff control and sediment control for
each stage of the project from initial land clearing and grubbing to
project close-out;
8. A site map/construction drawing(s)specifying the location(s),
size(s)and length(s)of each erosion and sediment control practice;
• 9. Dimensions,material specifications and installation details for all
erosion and sediment control practices,including the siting and
sizing of any temporary sediment basins;
10. Temporary practices that will be converted to permanent control
measures;
11. Implementation schedule for staging temporary erosion and
sediment control practices,including the timing of initial
placement and duration that each practice should remain in place;
12. Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
13. Name(s)of the receiving water(s);
14. Delineation of SWPPP implementation responsibilities for each
part of the site;
15. Description of structural practices designed to divert flows from
exposed soils,store flows,or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
• attainable; and
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Ell16. Any existing data that describes the stormwater runoff at the site
2.2.2 Land development activities as defined in Section 1 of this Article and -
meeting Condition"A","B"or"C"below shall also include water
quantity and water quality controls(post-construction stormwater runoff
controls)as set forth in Section 2.2.3 below as applicable :
Condition A-Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d)list of impaired waters or a Total Maximum
Daily Load(TMDL)designated watershed for which pollutants in
stormwater have been identified as a source of the impairment.
Condition B-Stormwater runoff from land development activities
disturbing five(5)or more acres.
Condition C-Stormwater runoff from land development activity
disturbing between one(1)and five(5)acres of land during the course of
the project,exclusive of the construction of single family residences and
construction activities at agricultural properties.
2.2.3 SWPPP Requirements for Condition A,B and C:
• 1. All information in Section 2.2 .1 of this local law
2. Description of each post-construction stormwater management
practice;
3. Site map/construction drawing(s)showing the specific location(s)
and size(s)of each post-construction stormwater management
practice;
4. Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design
storms;
5. Comparison of post-development stormwater runoff conditions
with pre-development conditions
6. Dimensions,material specifications and installation details for
each post-construction stormwater management practice;
7. Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
8. Maintenance easements to ensure access to all stormwater
• management practices at the site for the purpose of inspection and
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• repair.Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property.
9. Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management
measures in accordance with Article 2, Section 4 of this local law.
10. For Condition A,the SWPPP shall be prepared by a landscape
architect,certified professional or professional engineer and must
be signed by the professional preparing the plan,who shall certify
that the design of all stormwater management practices meet the
requirements in this local law.
2.3 Other Environmental Permits
The applicant shall assure that all other applicable environmental permits have
been or will be acquired for the land development activity prior to approval of the
final stormwater design plan.
2.4 Contractor Certification •
2.4.1 Each contractor and subcontractor identified in the SWPPP who will be
involved in soil disturbance and/or stormwater management practice
• installation shall sign and date a copy of the following certification
statement before undertaking any land development activity: "I certify
under penalty of law that I understand and agree to comply with the terms
and conditions of the Stormwater Pollution Prevention n Plan.I also
understand that it is unlawful for any person to cause or contribute to a
violation of water quality standards."
2.4.2 The certification must include the name and title of the person providing
the signature,address and telephone number of the contracting firm;the
address(or other identifying description)of the site; and the date the
certification is made.
2.4.3 The certification statement(s) shall become part of the SWPPP for the land
development activity.
2.5 A copy of the SWPPP shall be retained at the site of the land development activity
during construction from the date of initiation of construction activities to the date
of final stabilization.
Section 3. Performance and Design Criteria for Stormwater Management and
Erosion and Sediment Control
All land development activities shall be subject to the following performance and design
• criteria:
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3.1 Technical Standards
For the purpose of this local law,the following documents shall serve as the
official guides and specifications for stormwater management. Stormwater
management practices that are designed and constructed in accordance with these
technical documents shall be presumed to meet the standards imposed by this law:
3.1.1 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)
3.1.2 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).
3.2 Equivalence to Technical Standards2
Where stormwater management practices are not in accordance with technical
standards,the applicant or developer must demonstrate equivalence to the
technical standards set forth in Article 2, Section 3.1 and the SWPPP shall be
prepared by a licensed professional.
• 3.3 Water Quality Standards
Any land development activity shall not cause an increase in turbidity that will
result in substantial visible contrast to natural conditions in surface waters of the
state of New York.
Section 4. Maintenance,Inspection and Repair of Stormwater Facilities
4.1 Maintenance and Inspection During Construction
4.1.1 The applicant or developer of the land development activity or their
representative shall at all times properly operate and maintain all facilities
and systems of treatment and control(and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this local law. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has been
reduced by fifty(50)percent.
4.1.2 For land development activities as defined in Section 1 of this Article and
meeting Condition A,B or C in Section 2.2.2,the applicant shall have a
qualified professional conduct site inspections and document the
effectiveness of all erosion and sediment control practices every 7 days
and within 24 hours of any storm event producing 0.5 inches of
• precipitation or more. Inspection reports shall be maintained in a site log
book.
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• 4.1.3 The applicant or developer or their re p resentative shall
times when construction or grading activity takes place and shall inspect
and document the effectiveness of all erosion and sediment control
practices.
4.2 Maintenance Easement(s)
Prior to the issuance of any approval that has a stormwater management facility as
one of the requirements,the applicant or developer must execute a maintenance
easement agreement that shall be binding on all subsequent landowners served by
the stormwater management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of Newfield to
ensure that the facility is maintained in proper working condition to meet design
standards and any other provisions established by this local law. The easement
shall be recorded by the grantor in the office of the County Clerk after approval
by the counsel for the Town of Newfield.
4.3 Maintenance after Construction
The owner or operator of permanent stormwater management practices installed
in accordance with this law shall ensure they are operated and maintained7 to
achieve the goals of this law.Proper operation and maintenance also includes as a
minimum,the following:
• 4.3.1 A preventive/corrective maintenance program for all critical facilities and
systems of treatment and control(or related appurtenances)which are
installed or used by the owner or operator to achieve the goals of this law.
4.3.2 Written procedures for operation and maintenance and training new
maintenance personnel.
4.3.3 Discharges from the SMPs shall not exceed design criteria or cause or
contribute to water quality standard violations in accordance with Article
2,section 3.3.
4.4 Maintenance Agreements
The Town of Newfield shall approve a formal maintenance agreement for
stormwater management facilities binding on all subsequent landowners and
recorded in the office of the County Clerk as a deed restriction on the property
prior to final plan approval.The maintenance agreement shall be consistent with
the terms and conditions of Schedule B of this local law entitled Sample
Stormwater Control Facility Maintenance Agreement.The Town of Newfield,in
lieu of a maintenance agreement,at its sole discretion may accept dedication of
any existing or future stormwater management facility,provided such facility
meets all the requirements of this local law and includes adequate and perpetual
• access and sufficient area,by easement or otherwise,for inspection and regular
maintenance.
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A
• Section 5. Severability and Effective Date
5.1 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.
5.2 Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of
State.
Approved by: Date
Article 3. Administration and Enforcement
Any prior erosion or sediment containment law,ordinance or regulations of the Town of
Newfield are hereby repealed. This Local Law shall take precedence over any other
inconsistent requirement of any local law,ordinance or regulation of the Town of
• Newfield.
Article 4. Administration and Enforcement
Section 1. Construction and Inspection
1.1 Erosion and Sediment Control Inspection
The Town of Newfield Stormwater Management Officer may require such
inspection as necessary to determine compliance with this law and may either
approve that portion of the work completed or notify the applicant wherein the
work fails to comply with the requirements of this law and the stormwater
pollution prevention plan(SWPPP)as approved. To obtain inspections,the
applicant shall notify the Town of Newfield enforcement official at least 48 hours
before any of the following as required by the Stormwater Management Officer:
1.1.1 Start of construction
1.1.2 Installation of sediment and erosion control measures
1.1.3 Completion of site clearing
1.1.4 Completion of rough grading
• 1.1.5 Completion of final grading
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• 1.1.6 Close of the construction season
1.1.7 Completion of final landscaping
1.1.8 Successful establishment of landscaping in public areas.
If any violations are found,the applicant and developer shall be notified in writing
of the nature of the violation and the required corrective actions.No further work
shall be conducted except for site stabilization until any violations are corrected
and all work previously completed has received approval by the Stormwater
Management Officer.
1.2 Stormwater Management Practice Inspections
The Town of Newfield Stormwater Management Officer is responsible for
conducting inspections of stormwater management practices(SMPs). All
applicants are required to submit"as built"plans for any stormwater management
practices located on-site after final construction is completed. The plan must
show the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
1.3 Inspection of Stormwater Facilities After Project Completion
Inspection programs shall be established on any reasonable basis, including but
• not limited to: routine inspections; random inspections;inspections based upon
complaints or other notices of possible violations;inspection of drainage basins or
areas identified as higher than typical sources of sediment or other contaminants
or pollutants;inspections of businesses or industries of a type associated with
higher than usual discharges of contaminants or pollutants or water with
discharges of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards or the SPDES
stormwater permit;and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include,but not limited to:
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities; and evaluating
the condition of drainage control facilities and other stormwater management
practices.
1.4 Submission of Reports
The Town of Newfield Stormwater Management Officer may require monitoring
and reporting from entities subject to this law as are necessary to determine
compliance with this law.
1.5 Right-of-Entry for Inspections
• When any new stormwater management facility is installed on private property or
when any new connection is made between private property and the public
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stormwater system,the landowner shall grant the Town of Newfield the right to
enter the property at reasonable times and in a reasonable manner for purposes of
inspection as specified in paragraph 1.3.
Section 2. Performance Guarantee
2.1 Construction Completion Guarantee
In order to ensure the full and faithful completion of all land development
activities related to compliance with all conditions set forth by the Town of
Newfield in its approval of the Stormwater Pollution Prevention Plan,the Town
of Newfield may require the applicant or developer to provide,prior to
construction,a performance bond,cash escrow, or irrevocable letter of credit
from an appropriate financial or surety institution which guarantees satisfactory
completion of the project and names the Town of Newfield as the beneficiary.
The security shall be in an amount to be determined by the Town of Newfield
based on submission of final design plans,with reference to actual construction
and landscaping costs. The performance guarantee shall remain in force until the
surety is released from liability by the Town of Newfield,provided that such
period shall not be less than one year from the date of final acceptance or such
other certification that the facility(ies)have been constructed in accordance with
the approved plans and specifications and that a one year inspection has been
conducted and the facilities have been found to be acceptable to the Town of
• Newfield. Per annum interest on cash escrow deposits shall be reinvested in the
account until the surety is released from liability.
2.2 Maintenance Guarantee
Where stormwater management and erosion and sediment control facilities are to
be operated and maintained by the developer or by a corporation that owns or
manages a commercial facility,the developer,prior to construction,may be
required to provide the Town of Newfield with an irrevocable letter of credit from
an approved financial institution or surety to ensure proper operation and
maintenance of all stormwater management and erosion control facilities both
during and after construction,and until the facilities are removed from operation.
If the developer or landowner fails to properly operate and maintain stormwater
management and erosion and operation and maintenance,including engineering
and inspection costs.
2.3 Recordkeeping
The Town of Newfield may require entities subject to this law to maintain records
demonstrating compliance with this law.
Section 3. Enforcement and Penalties
• 3.1 Notice of Violation
15 _
When the Town of Newfield determines that a land development activity is not
being carried out in accordance with the requirements of this local law,it may
issue a written notice of violation to the landowner. The notice of violation shall
contain:
3.1.1 the name and address of the landowner, developer or applicant;
3.1.2 the address when available or a description of the building, structure or
land upon which the violations is occurring;
3.1.3 a statement specifying the nature of the violation;
3.1.4 a description of the remedial measures necessary to bring the land
development activity into compliance with this local law and a time
schedule for the completion of such remedial action;
3.1.5 a statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
3.1.6 a statement that the determination of violation may be appealed to the
municipality by filing a written notice of appeal within fifteen(15) days of
service of notice of violation.
• 3.2 Stop Work Orders
The Town of Newfield may issue a stop work order for violations of this law.
Persons receiving a stop work order shall be required to halt all land development
activities,except those activities that address the violations leading to the stop
work order. The stop work order shall be in effect until the Town of Newfield
confirms that the land development activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a stop work order in a timely
manner may result in civil,criminal,or monetary penalties in accordance with the
enforcement measures authorized in this local law.
3.3 Violations
Any land development that is commenced or is conducted contrary to this local
law,may be restrained by injunction or otherwise abated in a manner provide by
law.
3.4 Penalties
In addition to or as an alternative to any penalty provided herein or by law, any
person who violates the provisions of this local law shall be guilty of a violation
punishable by a fine not exceeding three hundred fifty dollars($350.00)or
imprisonment for a period not to exceed six months,or both for conviction of a
• first offense;for conviction of a second offense both of which were committed
within a period of five years,punishable by a fine not less than three hundred fifty
16
•
dollars nor more than seven hundred($700.00)or imprisonment for a period not
to exceed six months,or both; and upon conviction for a third or subsequent
offense all of which were committed within a period of five years,punishable by
a fine not less than seven hundred dollars nor more than one thousand dollars
($1,000.00)or imprisonment for a period not to exceed six month, or both.
However,for the purposes of conferring jurisdiction upon courts and judicial
officers generally,violations of this law shall be deemed misdemeanors and for
such purposes only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute a separate
additional violation.
3.5 Withholding of Certificate of Occupancy
If any building or land development activity is installed or conducted in violation
of this local law the Stormwater Management Officer may prevent the occupancy
of said building or land.
3.6 Restoration of lands
Any violator may be required to restore land to its undisturbed condition. In the
event that restoration is not undertaken within a reasonable time after notice,the
Town of Newfield may take necessary corrective action,the cost of which shall
become a lien upon the property until paid.
• Section 4. Fees for Service
The Town of Newfield may require any person undertaking land development activities
regulated by this law to pay reasonable costs prevailing rates for review of SWPPP's ,
inspections,or SMP maintenance performed by the Town of Newfield or performed by a
third party for the Town of Newfield.
•
17
•
Schedule A
Stormwater Management Practices Acceptable for Water Quality
(I row: Vcir)'w;.State Storunrater lianageoent Design,Vanua!, Table?.1)
Group Practice Description
Micropool Extended Pond that treats the majority of the water quality volume through extended
Detention Pond(P-1) detention,and incorporates a micropool at the outlet of the pond to prevent
sediment resuspension.
Wet Pond(P-2) Pond that provides storage for the entire water quality volume in the
permanent pool.
Wet Extended Detention Pond that treats a portion of the water quality volume by detaining storm
Pond(P-3) flows above a permanent pool for a specified minimum detention time.
Pond
Multiple Pond System(P-4) A group of ponds that collectively treat the water quality volume.
Pocket Pond(P-5) A stormwater wetland design adapted for the treatment of runoff from
small drainage areas that has little or no baseflow available to maintain
water elevations and relies on groundwater to maintain a permanent pool.
Shallow Wetland(W-1) A wetland that provides water quality treatment entirely in a shallow
marsh.
Extended Detention Wetland A wetland system that provides some fraction of the water quality volume
(W-2) by detaining storm flows above the marsh surface.
Pond/Wetland System(W-3) A wetland system that provides a portion of the water quality volume in
Wetland the permanent pool of a wet pond that precedes the marsh for a specified
minimum detention time.
• Pocket Wetland(W-4) A shallow wetland design adapted for the treatment of runoff from small
drainage areas that has variable water levels and relies on groundwater for
its permanent pool.
Infiltration Trench(I-1) An infiltration practice that stores the water quality volume in the void
spaces of a gravel trench before it is infiltrated into the ground.
Infiltration Basin(1-2) An infiltration practice that stores the water quality volume in a shallow
Infiltration depression before it is infiltrated into the ground.
Dry Well(1-3) An infiltration practice similar in design to the infiltration trench,and best
suited for treatment of rooftop runoff.
Surface Sand Filter(F-1) A filtering practice that treats stormwater by settling out larger particles in
a sediment chamber,and then filtering stormwater through a.sand matrix.
Underground Sand Filter(F- A filtering practice that treats stormwater as it flows through underground
2) settling and filtering chambers.
Filtering Perimeter Sand Filter(F-3) A filter that incorporates a sediment chamber and filter bed as parallel
vaults adjacent to a parking lot.
Practices
Organic Filter(F-4) A filtering practice that uses an organic medium such as compost in the
filter in place of sand.
Bioretention(F-5) A shallow depression that treats stormwater as it flows through a soil
matrix,and is returned to the storm drain system.
Dry-Swale(0-1) - An open drainage channel or depression explicitly designed to detain and
Open promote the filtration of stormwater runoff into the soil media.
Channels Wet Swale(0-2) An open drainage channel or depression designed to retain water or
intercept groundwater for water quality treatment.
• 18
Schedule B
SAMPLE STORMWATER CONTROL FACILITY
MAINTENANCE AGREEMENT
Whereas,the Municipality of ("Municipality")and the. ("facility owner")want to
enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures
approved by the Municipality for the below named project,and
Whereas,the Municipality and the facility owner desire that the stormwater control measures be built in accordance with
the approved project plans and thereafter be maintained,cleaned,repaired,replaced and continued in perpetuity in order
to ensure optimum performance of the components.Therefore,the Municipality and the facility owner agree as follows:
l.This agreement binds the Municipality and the facility owner,its successors and assigns,to the maintenance provisions
depicted in the approved project plans which are attached as Schedule A of this agreement.
2.The facility owner shall maintain,clean,repair,replace and continue the stormwater control measures depicted in
Schedule A as necessary to ensure optimum performance of the measures to design specifications.The stormwater control
measures shall include,but shall not be limited to,the following:drainage ditches,swales,dry wells,infiltrators,drop
inlets,pipes,culverts,soil absorption devices and retention ponds.
3.The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures
and shall establish a means for the collection and distribution of expenses amongparties for any commonly owned
facilities.
• 4.The facility owner shall provide for the periodic inspection of the stormwater control measures,not less than once in
every five year period,to determine the condition and integrity of the measures.Such inspection shall be performed by a
Professional Engineer licensed by the State of New York.The inspecting engineer shall prepare and submit to the
Municipality within 30 days of the inspection,a written report of the findings including recommendations for those
actions necessary for the continuation of the stormwater control measures.
5.The facility owner shall not authorize,undertake or permit alteration,abandonment,modification or discontinuation of
the stormwater control measures except in accordance with written approval of the Municipality.
6.The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the
direction of the Municipality or in accordance with the recommendations of the inspecting engineer.
7.The facility owner shall provide to the Municipality within 30 days of the date of this agreement,a security for the
maintenance and continuation of the stormwater control measures in the form of(a Bond,letter of credit or escrow
account).
8.This agreement shall be recorded in the Office of the County Clerk,County of together with the deed
for the common property and shall be included in the offering plan and/or prospectus approved pursuant to
9.If ever the Municipality determines that the facility owner has failed to construct or maintain the stormwater control
measures in accordance with the project plan or has failed to undertake corrective action specified by the Municipality or
by the inspecting engineer,the Municipality is authorized to undertake such steps as reasonably necessary for the
preservation,continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien
against the property.
10.This agreement is effective .
1110 19
' t��✓ 41,`x,
• 'j
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
ELIOT SPITZER LORRAINE A.CORTEs-VAZQUEZ
GOVERNOR SECRETARY OF STATE
November 19, 2007
Katherine Crance
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law No. 2, 2007, filed on November 13, 2007
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corp/misc.html.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
•
WWW.DOS.STATE.NY.US • E-MAIL:INFO @DOS.STATE.NY.US
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
• 1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No _ 2 of 20 07 of
the (County)(City)(Town)(Village)of Newfield was duly passed by the
Town of Newfield Town Board on Nov. 8, 20 07 ,in accordance with the applicable
(Name of Legislative,Body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer')
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
• (repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general) (special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 _ of
the(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 ,and was(approved)(not approved)
(repassed after disapproval)by the on 20 - Such local
(Elective Chief Executive Officer')
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
• * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
-. —DOS-239 (Rev.05/05) — Page 2 of 3