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NOVEMBER 15, 2006 5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates LLP.; Barbara
Tupper; Jo Schaffer, City of Cortland Planning Commission; Representatives of C.A.P.E.:
Robert Rhodes, Grace Meddaugh, Catherine Smith, and Arnold Talentino; Sharon Stevans for
Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; News Reporter, Evan
Geibel for the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the
Planning Board Minutes of September 26, 2006. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Zoning Board of Appeals Minutes of July 25, 2006. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Zoning Board of Appeals Minutes of September 26, 2006. All voting aye, the motion was
carried.
Draft Town Board Minutes of November 1, 2006 were presented to the Board for review.
RESOLUTION #207 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #524 - 550
$
56,975.00
General Fund B
B 112 - B 113
$
65,303.02
Highway Fund DB
D486 - D510
$
45,179.30
Water Fund
W218 - W231
$
6,735.67
Sewer Fund
S113 - SI22
$
3,574.67
Capital Projects
H28 - H31
$188,483.72
Supervisor Tupper offered privilege of the floor to those in attendance.
Robert Rhodes, representing C.A.P.E., questioned when the comments on the Wal-Mart
Supercenter FEIS were due.
Attorney Folmer informed Dr. Rhodes that the comments on the FEIS were due
immediately. The Board was prohibited from making a findings statement prior to the expiration of
10 days from the date that the FEIS was accepted. The FEIS was accepted November 1, 2006,
therefore the "cooling -off' period has passed. The Board is required by SEQRA to issue a findings
statement within 30 days of the date that the FEIS was accepted as complete. The 30-day period
would expire November 30, 2006. Before the findings statement is issued the Board can review any
comments that come in, however the sooner the comments come in the better as the findings
statement is already being prepared.
NOVEMBER 15, 2006 TOWN BOARD MEETING PAGE 2
Councilman Rocco thanked National Grid for their prompt service fixing the streetlights on
McLean Road and Bowling Green.
Councilman Rocco commented on the expansion of the Cortland County Airport and his
opposition of it. He felt that the upcoming study of the airport, for a cost of $165,000, would not
benefit the citizens of Cortlandville, nor would the expansion of the airport. He cited problems that
could occur if the airport expanded.
Arnold Talentino requested Attorney Folmer clarify the comment period for the FEIS as he
was confused regarding the terminology "cooling -off' period.
Attorney Folmer informed Mr. Talentino that the SEQR regulations provide that once the
FEIS is determined to be complete there must be a 10-day "cooling -off' period, which is the States
terminology. The regulations require that the findings statement be made within a period of 30-days
from the date the FEIS is accepted, which would be November 30, 2006. In order for comments to
be reviewed and incorporated in the findings statement, they should be submitted as soon as
possible.
Jo Schaffer questioned whether an extension of time to complete the findings statement
would be possible.
Attorney Folmer stated the decision would be up to the lead agency and the applicant.
Planning Board Member, Nick Renzi questioned whether any comments were received.
Attorney Folmer stated he received comments from the NYS DOT. He stated it was not his
obligation to educate the involved agencies under SEQRA.
Monthly reports of the Supervisor and the Water & Sewer Department for the month of
October 2006 were on the table for review and are filed in the Town Clerk's Office.
RESOLUTION #208 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2007
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, on the I" day of November, 2006 the Town Board of the Town of Cortlandville,
held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the
benefit tax on benefited properties in the Town Sewer Improvement District, approved by the
Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2007, and
having heard all persons in favor of, or against any items therein contained, therefore
BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby
adopted and established as the annual budget of this Town for the fiscal year beginning January
01, 2007, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further
RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law,
duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the
benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section
202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the
Town and the Supervisor shall present the copies of the annual budget to the Legislature of
Cortland County within ten days after his receipt thereof from the Clerk.
Supervisor Tupper informed the public the 2007 Water Benefit Tax would be $95.56 per
unit, while the Sewer Benefit Tax would be $94.80 per unit. The 2007 tax rate increased by $0.15.
NOVEMBER 15, 2006
TOWN BOARD MEETING
PAGE 3
Attorney Folmer reported:
Stormwater Management and Erosion and Sediment Control Ordinance:
Attorney Folmer reminded the Board that the County Planning Board recommended they
adopt the Local Law revising the Stormwater Management Ordinance with two conditions. The
first condition, which the Town would do, was to add the definition section to the Zoning
Ordinance. The second condition was that the Town make a Negative Declaration of
Environmental Impact under SEQRA.
Attorney Folmer explained that the revision to the ordinance was a Type I action and
required a Full Environmental Assessment Form. Attorney Folmer completed Part I of the EAF,
which identifies the project itself, did not complete Part II as it was not applicable, and
completed Part III. Attorney Folmer read aloud Part III of the EAF.
RESOLUTION #209 DECLARE NEGATIVE IMPACT FOR LOCAL LAW NO. 3 OF
2006 - REVISION TO ARTICLE XVI OF THE TOWN CODE -
STORMWATER MANAGEMENT AND EROSION AND
SEDIMENT CONTROL
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law No. 3 of 2006, revision to Article XVI of the
Code of the Town of Cortlandville - Stormwater Management and Erosion and Sediment
Control, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare Local Law No. 3 of
2006 shall have no significant environmental impact.
RESOLUTION #210 ADOPT LOCAL LAW NO. 3 OF 2006 - REVISION TO
ARTICLE XVI OF THE TOWN CODE - STORMWATER
MANAGEMENT AND EROSION AND SEDIMENT CONTROL
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending Article XVI of the Code of the Town of Cortlandville - Stormwater Management and
Erosion and Sediment Control, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were pennitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local
Law as Local Law No. 3 of 2006, amending the Article XVI of the Code of the Town of
Cortlandville - Stormwater Management and Erosion and Sediment Control, a copy of which is
attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law
in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to
give due notice of the adoption of said Local Law to the Secretary of State.
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NOVEMBER 15, 2006 TOWN BOARD MEETING PAGE 4
Be it enacted by the Town Board of the Town of Cortlandville as follows:
178-86. SHORT TITLE
This article shall be known as the "Stormwater Ordinance."
178-87. FINDINGS
The Town of Cortlandville finds that uncontrolled drainage and runoff associated with land
development has a significant impact upon the health, safety, and welfare of the community.
Specifically:
A. Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
B. Impervious surfaces increase the volume and rate of stormwater runoff and allow less water
to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
C. Construction requiring land clearing and the alteration of natural topography tends to
increase erosion leading to siltation of waterbodies decreasing their capacity to hold and
transport water, damaging public and private property, and harming flora and fauna.
D. Stormwater runoff can carry pollutants into receiving waterbodies, degrading the quality of
groundwater and surface waters.
E. Improperly managed stormwater runoff can increase the incidence of flooding and the level
of floods which occur, endangering property and human life.
F. Improper design and construction of drainage facilities can increase the velocity of runoff
thereby increasing streambank erosion and sedimentation.
G. Improper design and construction of stormwater management facilities can significantly
increase the pollutant load to streams and to groundwater, threatening fish and wildlife, as
well as public water supplies.
H. Substantial economic losses can result from these adverse impacts on community waters.
178-88. PURPOSES AND OBJECTIVES
It is the purpose of this article to protect, maintain, and enhance both the immediate and the long-
term health, safety, and general welfare of the citizens of Town of Cortlandville, by regulating
site preparation and construction activities so as to manage stormwater runoff and prevent
problems related to erosion, sedimentation, flooding or drainage. In relation to this purpose this
article has the following objectives:
A. Prevent increases in the magnitude and frequency of stormwater runoff to prevent an increase
in flood flows and in the hazards and costs associated with flooding.
B. Prevent any net increase in stormwater runoff between pre -development and post -
development conditions.
C. Prevent decreases in groundwater recharge and stream base flow to maintain aquatic life,
assimilative capacity, and potential water supplies.
D. Control erosion and sedimentation to prevent its deposition in streams, drainage facilities,
and other receiving water bodies.
E. Facilitate the removal of pollutants in stormwater runoff to maintain groundwater quality and
to perpetuate the natural biological functions of streams.
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NOVEMBER 15, 2006 TOWN BOARD MEETING PAGE 5
F. To the extent practical, secure multiple community benefits such as groundwater
replenishment, open space protection and increased recreational opportunity through
integrated land use and stormwater management planning.
G. Require land development activities to conform to the substantive requirements of the NYS
Department of Environmental Conservation State Pollutant Discharge Elimination System
(SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised.
178-89. AUTHORITY
In accordance with Article 9 of the Town Law, the Town of Cortlandville has the authority to
enact ordinances for the purpose of promoting the health, safety or general welfare of the Town
of Cortlandville, including protection of the property of its inhabitants. By the same authority,
the Town of Cortlandville may include in any such ordinance provisions for the appointment of
any municipal officer or employees to effectuate and administer such ordinance. No provision in
this article shall supersede more stringent guidelines already in existence.
178-90. JURISDICTION AND APPLICABILITY
A. Upon approval of this Article by the Town of Cortlandville, all site preparation and
construction activities requiring approval under this Article shall be in conformance with the
provisions set forth herein.
B. It has been established that land clearing, land grading, earth moving, paving or development
activities can have a significant effect on the environment, therefore, no person, corporation,
organization, or public agency shall, on or after the effective date of the article:
(1) Initiate any land clearing, land grading, earth moving, paving, property subdivisions, or
construction or development activities, where such activities otherwise require a special
or conditional permit, or site plan review, without first preparing a Stormwater Pollution
Prevention Plan (herein referred to as a SWPPP) and obtaining approval of said plan from
the Town, or;
(2) Initiate any land clearing, land grading, earth moving, paving, subdivisions, or
construction or development activities, where such activities require a permit under the
New York State Pollution Discharge Elimination System ("SPDES") General Permit for
Construction Activities GP-02-01 or as amended or revised, without first preparing a
SWPPP and obtaining approval of said plan from the Town, or;
(3) Alter any drainage system without first preparing a SWPPP and obtaining approval of
said plan from the Town.
(4) Projects falling under Subsection C, the exemptions portion of this section, do not
require a SWPPP, but every effort should be made to incorporate 'Best Management
Practices" to reduce the negative impacts of erosion, sedimentation, and uncontrolled
runoff.
C. Exemptions. The following activities, as described below, are exempt from the SWPPP
requirements:
(1) Development projects or subdivisions which result in less than one acre of land
disturbance, and which result in an increase in impervious surface less than 10,000
square feet, and which result in a total impervious surface less than 35% of the total
post -development lot area.
(2) Agricultural activities that are not part of a construction activity.
(3) Subdivisions which result in the creation of less than four lots.
D. All development projects that are required to prepare a SWPPP under this article must meet
the Performance Standards for erosion and sediment control, as described under 178-91 (C)
of this article.
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E. All development projects that are required to prepare a SWPPP under this article must meet
the Performance Standards for water quality and water quantity management, as described
under 178-91 (D) of this article, except:
(1) agricultural activities that must prepare a SWPPP under this article do not have to meet
the Performance Standards for water quality and water quantity management.
(2) individual single-family homes do not have to meet the Performance Standards for water
quality and water quantity management
(3) residential subdivisions consisting of single family homes, where the overall plan of
development will result in a total land disturbance of less than 5 acres, do not have to
meet the Performance Standards for water quality and water quantity management.
178-91. PERFORMANCE STANDARDS
A. SWPPPs shall be prepared in accordance with the minimum performance standards in order
to achieve the purposes and objectives of this article.
B. All SWPPPs shall comply with, or be consistent with:
(1) Design Manual - 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)
(2) Erosion Control Manual - 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).
C. Performance Standards for Erosion and Sediment Control
An erosion and sediment control plan is a plan for controlling runoff and pollutants from a
site during and after construction activities utilizing erosion and sediment controls. Erosion
and sediment controls are temporary or permanent structural or nonstructural practices
implemented during construction. The principle objectives are to reduce or eliminate erosion
during construction, minimize water quality impacts to of surface waters or groundwater,
control runoff during and after construction, and maintain stormwater controls during and/or
after completing construction.
(1) Sediment control practices and measures, where necessary, should be designed to
protect the natural character of rivers, streams or other waterbodies on -site and minimize
erosion and sedimentation off -site from the start of land disturbance activities to
establishment of permanent stabilization.
(2) Erosion and sediment control measures shall be constructed prior to beginning any other
land disturbances. The devices shall be maintained and shall not be removed until the
disturbed land areas are stabilized.
(3) The smallest area of land practical, not exceeding two acres, shall be exposed by site
preparation at any given time and that exposure will be kept to the shortest practical
period of time.
(4) Prior to, during, and after site preparation and construction, an integrated drainage
system shall be provided which at all times minimizes erosion, sediment, hazards of
slope instability, and adverse effects on neighboring property owners.
(5) Sites should be seeded and mulched with erosion control materials such as straw mulch,
jute mesh, or excelsior (wood shavings) within 3 days of final grading. If construction
has been suspended, or sections completed, areas should be seeded immediately and
stabilized with erosion control materials. Maintenance should be performed as
necessary to ensure continued stabilization.
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NOVEMBER 15, 2006 TOWN BOARD MEETING
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D. Performance Standards for Water Quality and Water Quantity Management
(1) The Performance Standards required for this Article shall be equivalent to the Unified
Stormwater Sizing Criteria contained in Chapter 4 of the Design Manual, and the
Performance Criteria for water quality treatment contained in Chapter 6 of the Design
Manual.
(2) Certain types of projects in environmentally sensitive areas, such as primary or principal
aquifer protection areas may require a more stringent SWPPP.
178-92. CONTENTS OF THE STORMWATER POLLUTION PREVENTION PLAN
(SWPPP)
A. It is the responsibility of an applicant to prepare a SWPPP so that the Town can evaluate the
environmental characteristics of the affected areas and evaluate the potential and predicted
impacts of the proposed activity on the community's surface and groundwater, existing and
proposed infrastructure, neighboring properties, and the effectiveness and acceptability of
those measures proposed by the applicant for reducing or mitigating adverse impacts.
B. The SWPPP shall be consistent with the purposes and objectives of this article.
C. The exact requirements of the SWPPP will depend upon the location, size, and scope of the
proposed project. The SWPPP developed will be reviewed for attenuation of peak discharge,
total runoff reduction, erosion/sediment control, and water quality protection.
D. Preparation of the SWPPP shall follow guidance provided by NYS DEC, such as the
Instruction Manual for Stormwater Construction Permit, (NYS DEC, July 2004), most
current version or its successor.
E. Content of Erosion and Sediment Control Plans
Erosion and Sediment Control Plans required under 178-90(D) of this article are equivalent
to "Basic" SWPPPs defined by NYSDEC, and must, at a minimum, include the following:
(1) background information about the scope of the project, including the location, type and
size of project.
(2) a site map/construction drawing(s) for the project, including a general location map. At a
minimum, the site map should show the total site area; all improvements; areas of
disturbance; areas that will not be disturbed; existing vegetation; onsite and adjacent off -
site surface water(s), wetlands and drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of off -site material, waste,
borrow or equipment storage areas; and location(s) of the stormwater discharge(s).
(3) a description of the soil(s) present at the site.
(4) a construction phasing plan describing the intended sequence of construction activities,
including clearing and grubbing, excavation and grading, utility and infrastructure
installation and any other activity at the site that results in soil disturbance. Consistent
with the New York Guidelines for Urban Erosion and Sediment Control, there shall not
be more than five (5) acres of disturbed soil at any one time without prior written
approval from the Department.
(5) a description of the pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source in the
storm water discharges.
(6) a description of construction and waste materials expected to be stored on -site with
updates as appropriate, and a description of controls to reduce pollutants from these
materials including storage practices to minimize exposure of the materials to storm
water, and spill prevention and response.
NOVEMBER 15, 2006 TOWN BOARD MEETING
PAGE 8
(7) a description of the temporary and permanent structural and vegetative measures to be
used for soil stabilization, runoff control and sediment control for each stage of the
project from initial land clearing and grubbing to project close-out.
(8) a site map/construction drawing(s) showing the specific location(s), size(s), and
length(s) of each erosion and sediment control practice.
(9) the dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary sediment
basin.
(10) identification of temporary practices that will be converted to permanent control
measures.
(11) an implementation schedule for staging temporary erosion and sediment control
practices, including the timing of initial placement and the duration that each practice
should remain in place.
(12) a maintenance schedule to ensure continuous and effective operation of the erosion and
sediment control practices.
(13) the names(s) of the receiving water(s).
(14) a delineation of implementation responsibilities for each part of the site.
(15) a description of structural practices to divert flows from exposed soils, store flows, or
otherwise limit runoff and the discharge of pollutants from exposed areas of the site to
the degree attainable.
(16) any existing data that describes the stormwater runoff characteristics at the site.
F. Content of Water Quality and Water Quantity Management Plans
Water Quality and Water Quantity Management Plans required under 178-90(E) of this
article are equivalent to "Full" SWPPPs defined by NYSDEC, and must, at a minimum,
include the following:
(1) all the information required for Erosion and Sediment Control Plans, as described in
Subsection E (1 —16) of this section.
(2) a description of each post -construction stormwater control practice.
(3) a site map/construction drawing(s) showing the specific location(s) and size(s) of each
post -construction stormwater control practice.
(4) a hydrologic and hydraulic analysis for all structural components of the stormwater
control system for the applicable design storms.
(5) a comparison of post -development stormwater runoff conditions with pre -development
conditions.
(6) the dimensions, material specifications and installation details for each post -construction
stormwater control practice.
(7) a maintenance plan and schedule to ensure continuous and effective operation of each
post -construction stormwater control practice.
G. The Town Planning Board may require additional public safety measures and controls in the
design and maintenance of stormwater management facilities or erosion and sediment control
practices.
H. Additional information or data may be required by the town as deemed appropriate.
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NOVEMBER 15, 2006 TOWN BOARD MEETING
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I. The town may require that plans and design reports be sealed by a licensed professional
engineer indicating that the plans have been designed in accordance with this Stormwater
Management and Erosion and Sediment Control Article and the regulations, standards and
criteria set forth herein.
J. Fees shall be charged for the review of SWPPPs beyond those fees applicable to any other
approvals to which a development project may be subject. Inspection fees shall be applicable
when a project commences.
K. Applicable fees shall be determined by the Town Board.
178-93. PLAN APPLICATION AND REVIEW PROCESS
A. The SWPPP shall be submitted to the Cortlandville Planning Board at least ten working days
prior to the date of any regularly scheduled Planning Board meeting at which the plan may be
considered. The Plan shall be submitted with a SWPPP checklist form completed by the
submitter to certify the completeness of the plan. Incomplete plans will not be considered at
the Planning Board meeting. A copy of an updated SWPPP checklist form can be acquired
from the Cortlandville Town Clerk
B. The town may require review of and comments on the Plan by outside consultants or
qualified professionals.
C. The town will review the Plan as submitted and, because it is a preliminary action and not
final, town action shall be given as preliminary or conceptual approval, with modification, or
disapproval. If preliminary approval, or approval with modification is given, submission of a
final application shall be required wherein requested modifications shall be satisfied and final
approval may be given.
D. The Town Planning Board shall act to approve or disapprove the SWPPP within the time
frames set forth for the other approvals to which the development project is subject under its
jurisdiction, or within sixty (60) days of the date upon which the Plan is determined to be in
compliance with this Article.
E. No SWPPP shall be approved without certification by the owner or developer, that all work
will be accomplished pursuant to the plan, and of the right of the town and/or consultants to
the town to conduct on -site inspections before, during and at the conclusion of construction
activities.
178-94. CONSTRUCTION INSPECTION
A. The Town may conduct such inspections as necessary to determine compliance with this law.
The Town 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 approved SWPPP.
B. Inspections may be performed by the Town Code Enforcement Officer, outside consultants
under contract with the Town, and/or other qualified professionals under agreement with the
Town to perform such inspections.
C. At a minimum, the applicant shall notify the Town or designated inspector at least 48 hours
before any of the following occurs:
(1) Installation of sediment and erosion control measures
(2) Completion of site clearing, and rough grading
(3) Completion of final grading
(4) Backfilling of any underground drainage or stormwater structure or conveyance
(5) Close of the construction season
(6) Completion of final landscaping
D. The Town may require other inspections, in addition to those identified under Subsection C
of this section, for specific land development projects. In such cases, the Town shall provide
the developer with a list and schedule for required inspections.
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NOVEMBER 15, 2006 TOWN BOARD MEETING
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E. If any violations are found during an inspection, 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 Town.
F. The Town may conduct random inspections to ensure effective control of erosion and
sedimentation during all phases of construction.
G. The applicant shall certify to the Town by the submission of "as -built" plans that the
construction of stormwater management facilities and structures conform to the approved
SWPPP.
H. Inspection of Stormwater Facilities After Project Completion
Inspection programs shall be established on any reasonable basis, including but not limited
to: routine inspections; random inspections; inspections based upon complaints or other
notice of possible violations; inspection of drainage basins or areas identified as higher than
typical sources of sediment or other contaminants or pollutants; inspections of businesses or
industries of a type associated with higher than usual discharges of contaminants or
pollutants or with discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the SPDES
stormwater permit; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material or water in
drainage control facilities; and evaluating the condition of drainage control facilities and
other stormwater management practices.
I. Submission of Reports
The Town, or its agent, may require monitoring and reporting from entities subject to this
law as are necessary to determine compliance with this law.
J. Right -of -Entry for Inspection
When any new stormwater management facility is installed on private property or when any
new connection is made between private property and a public storm water system, the
landowner shall grant to the Town the right to enter the property at reasonable times and in a
reasonable manner for the purpose of inspection as specified in Subsection H of the section.
178-95. MAINTENENANCE AND REPAIR OF STORMWATER FACILITIES
A. Maintenance During Construction
(1) The applicant or developer of the land development activity shall at all times properly
operate and maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the applicant or developer to achieve
compliance with the conditions of this local law. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has been reduced by
fifty (50) percent.
(2) The applicant or developer or their representative shall be on site at all times when
construction or grading activity takes place and shall inspect and document the
effectiveness of all erosion and sediment control practices. Inspection reports shall be
completed as required under GP-02-01. I-
B. Maintenance Easement(s)
Prior to the issuance of any approval that has a stormwater management facility as one of the
requirements, the applicant or developer must execute a maintenance easement agreement
that shall be binding on all subsequent landowners served by the stormwater management
facility. The easement shall provide for access to the facility at reasonable times for periodic
inspection by the Town to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this local law. The
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NOVEMBER 15, 2006 TOWN BOARD MEETING
PAGE 11
easement shall be recorded by the grantor in the office of the County Clerk after approval by
the counsel for the Town.
C. Maintenance after Construction
The owner or operator of permanent stormwater management practices installed in
accordance with this law shall operate and maintain said practices to achieve the goals of this
law. Proper operation and maintenance also includes as a minimum, the following:
(1) A preventive/corrective maintenance program for all critical facilities and systems of
treatment and control (or related appurtenances) which are installed or used by the
owner or operator to achieve the goals of this law.
(2) Written procedures for operation and maintenance and training new maintenance
personnel.
D. Maintenance Agreements
(1) The Town of Cortlandville shall approve a formal maintenance agreement for
stormwater management facilities binding on all subsequent landowners and recorded in
the office of the County Clerk as a deed restriction on the property prior to final plan
approval. The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this local law entitled Sample Stormwater Control Facility
Maintenance Agreement. The Town of Cortlandville, in lieu of a maintenance
agreement, at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the requirements of
this local law and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
(2) The Town of Cortlandville shall determine whether stormwater management facilities
are to be maintained by the developer/owner, a homeowner's association, or by the
Town.
(a) The developer or owner shall be responsible for maintenance of stormwater facilities
for commercial and industrial developments unless a determination is made
otherwise by the Town Board.
(b) If maintenance is to be performed by a homeowner's association, the homeowner's
association must be registered pursuant to Section 352-E of the New York State
General Business Law.
(c) If maintenance is to be performed by the developer or property owner or
homeowner's association, a maintenance plan containing a maintenance schedule
shall be prepared by the developer, owner and/or homeowner's association for
approval by the Town [see 178-92 (F) (7)]. Reports on maintenance activities,
including any water quality data, as scheduled in the maintenance plan shall be
submitted to the town within thirty (30) days of completion of the activity. The
Town may request the services of an outside consultant, expert or specialist to
review the report.
(d) Stormwater management facilities maintained by an owner or homeowner's
association shall have adequate easements to permit the Town to inspect and, if
necessary, to take corrective action should the owner fail to properly maintain the
system. Before taking corrective action, the Town shall give the owner or
homeowner's association written notice of the nature of the existing defects. If the
owner or homeowner's association fails within thirty (30) days from the date of
notice to commence corrective action or to appeal the matter to the Town, the town
may take necessary corrective action, the cost of which shall be borne by the owner
or developer pursuant to Section Thirteen of this Article or by the homeowner's
association. In the event that the homeowner's association fails to pay for required
corrective action, the Town shall have a lien placed on the real property of members
of the homeowner's association until payment is made.
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3) Stormwater management facilities may be dedicated to the Town of Cortlandville for
purposes of maintenance by mutual consent and agreement of the developer/owner and
the Town.
178-96. REGIONAL STORMWATER MANAGEMENT FACILITIES
The Town of Cortlandville may allow residential stormwater runoff to be discharged into
stormwater management facilities off the site of development to a regional stormwater
management facility, if all of the following conditions are met:
A. The regional drainage facilities and channels leading to them are designed, constructed and
maintained in accordance with the requirements of this article.
B. Adverse environmental impacts on the site of development will be minimized.
(1) All plans must be consistent with downstream stormwater management facilities. If the
plan cannot be consistent, then adequate provisions must be made for the sharing of
construction and operating costs of regional facilities. The developer may be required to
pay a portion of the cost of constructing the facilities as a condition to receiving
approval of the SWPPP.
(2) Use of regional off -site stormwater management facilities does not eliminate the
requirement that the first flush be captured and treated on -site pursuant to the
Performance Standards if water quality is a concern.
(3) A request to use regional stormwater management facilities and all information related
to the proposed regional off -site facilities shall be made a part of the SWPPP.
(4) The potential groundwater impairments from stormwater runoff shall not impact public
or private water supply wells.
178-97. PERFORMANCE BOND
A. Construction Completion Guarantee
In order to ensure the full and faithful completion of all land development activities related to
compliance with all conditions set forth by the Town in its approval of the SWPPP, the Town
may require the applicant or developer to provide, prior to construction, a performance bond,
cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution
which guarantees satisfactory completion of the project and names the Town as the
beneficiary. The security shall be in an amount to be determined by the Town based on
submission of final design plans, with reference to actual construction and landscaping costs.
The performance guarantee shall remain in force until the surety is released from liability by
the Town, provided that such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one year inspection has
been conducted and the facilities have been found to be acceptable to the Town. Per annum
interest on cash escrow deposits shall be reinvested in the account until the surety is released
from liability.
B. Maintenance Guarantee
Where stormwater management and erosion and sediment control facilities are to be operated
and maintained by the developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be required to provide the Town
with an irrevocable letter of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and erosion control
facilities both during and after construction, and until the facilities are removed from
operation. If the developer or landowner fails to properly operate and maintain stormwater
management and erosion and sediment control facilities, the Town may draw upon the
account to cover the costs of proper operation and maintenance, including engineering and
inspection costs.
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PAGE 13
178-98. ENFORCEMENT; PENALTIES
A. Nuisance. Any development activity that is commenced without prior approval of a SWPPP
or is conducted contrary to an approved SWPPP as required by this article, may be restrained
by injunction or otherwise abated in a manner provided by law.
B. Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided
herein or law, any person who violates the provisions of this Article shall be punished by a
fine of not less than $100 nor more than $1,000 per offense or by imprisonment for a period
not to exceed 60 days, or by both such fine and imprisonment. Such person shall be guilty of
a separate offense for each day during which the violation occurs or continues.
C. Any violator may be required to restore land to mitigate the disturbance, in a manner similar
to its undisturbed condition. In the event that restoration is not undertaken within a
reasonable time after notice, the Town may take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
D. Notice of Violation. When the Town of Cortlandville determines that development activity
is not being carried out in accordance with the requirements of this Article, it shall issue a
written notice of violation to the owner of the property. The notice of violation shall contain:
(1) the name and address of the owner or applicant.
(2) the street address when available or a description of the building, structure, or land upon
which the violation is occurring.
(3) a statement specifying the nature of the violation.
(4) a description of the remedial actions necessary to bring the development activity into
compliance with this article and a time schedule for completion of such remedial action.
(5) a statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed.
(6) a statement that the determination of violation may be appealed to the Town of
Cortlandville by filing a written notice of appeal within twenty (20) days of service of
notice of violation.
E. The notice of violation shall be served upon the person(s) to whom it is directed either
personally, in a manner provided for personal services of notices by the court of local
jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage
prepaid, return receipt requested to such person at his or her last know address.
F. A notice of violation issued pursuant to this section constitutes a determination from which
an administrative appeal may be taken to the Town of Cortlandville.
178-99. APPEALS
Any person aggrieved by the action of any official charged with the enforcement of this Article,
as the result of the disapproval of a SWPPP, issuance of a written notice of violation, or an
alleged failure to properly enforce the Article in regard to a specific application, shall have the
right to appeal the action to the Town of Cortlandville. The appeal shall be filed in writing
within 20 days of the date of official transmittal of the final decision or determination to the
applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in
the manner prescribed for hearing administrative appeals under (state/local code provision).
178-100. VARIANCE
The Town of Cortlandville may grant a written variance during the review process, from any
requirement of this Article using the following criteria:
A. There are special circumstances applicable to the subject property or its intended use; and
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NOVEMBER 15, 2006 TOWN BOARD MEETING PAGE 14
B. The granting of the variance will not result in:
(1) an increase or decrease in the rate or volume of surface water runoff,
(2) an adverse impact on a wetland, water course or waterbody;
(3) degradation of surface and groundwater water quality; or
(4) any impairment to achieving the objectives of this article.
Revised Planned Unit Development Ordinance:
Attorney Folmer apprised the Board the PUD process requires both a zoning change and
a planning change. The zoning part of the process is the Town Board's responsibility. When the
Board approves the location and site of a PUD application the Board is amending the Zoning
Ordinance. Once the PUD is approved, the site plan review is delegated to the Planning Board.
The Town Board does not have the authority to review, as an appeals board, actions of the
Planning Board. Attorney Folmer was not sure whether the language was clear in the Revised
PUD Ordinance. He would therefore make some changes to the proposed ordinance, which
would require that another public hearing be held regarding the Revised PUD Ordinance.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Patrick A. Carbone, Chief Examiner, NYS Office of the State
Comptroller, dated November 6, 2006, regarding their on -site survey of the Town. All voting
aye, the motion was carried.
RESOLUTION #211 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
02-01 FROM JAMES L. LEWIS, INC. IN THE AMOUNT OF
$1,975.00 FOR THE EXPANSION/RENOVATION OF THE
RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
change order 02-01 from James L. Lewis, Inc. in the amount of $1,975.00 for the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence from Diana Graser, P.E., NYS DOT, dated November 8, 2006, to Dena
Kote, 3688 Hedgemoor Drive, regarding her request to investigate the speed limit on NYS Route
222 and the intersection of NYS Route 222 with Fairview Drive/Highland Road. All voting aye,
the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
listing of delinquent payments and credits to the Water & Sewer Accounts for 2006. All voting
aye, the motion was carried.
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NOVEMBER 15, 2006 TOWN BOARD MEETING PAGE 15
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:30 p.m.
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Respe tfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville