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
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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
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® 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
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® 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:
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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
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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
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Page 23 of 77
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Page 25 of 77
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T13 12 -13 -07
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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.
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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;
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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.
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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),
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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.
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'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-
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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)