III. Erosion and Sediment Control Law


NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NEW YORK 12231


Local Law Filing


A local law to enact an Erosion and Sediment Control Law of the Village of
Endicott, NY, Local law Number 03 of the Year 2007.
Be it enacted by the Village Board of Trustees of the Village of Endicott,
New York as follows:


Local Law No 03 of year 2007.


Be it enacted by the Board of Trustees of the Village of Endicott, in the County of Broome, as follows:


Article 1. General Provisions

It is hereby determined that:

1.1 Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;                    1.2 This storm water runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
1.3 Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
1.4 Improper design and construction of storm water management practices can increase the velocity of storm water runoff thereby increasing stream bank erosion and sedimentation;
1.5 Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;
1.6 Substantial economic losses can result from these adverse impacts on the waters of the municipality;      1.7 Storm water runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of storm water runoff from land development activities;
1.8 The regulation of storm water runoff discharges from land development activities are in the public interest and will minimize threats to public health and safety.
1.9 Regulation of land development activities by means of performance standards governing Storm water management and site design will mitigate the adverse effects of erosion and sedimentation from development.

 

Section 2. Purpose

The purpose of this local law is to establish minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives:


2.1 Meet the requirements of Minimum Measures 4 and 5 of the SPDES General Permit for Storm water Discharges from Municipal Separate Storm water Sewer Systems (MS45), Permit no. GP—02--02 or as amended or revised;
2.2 Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP—02-Ol or as amended or revised;
2.3 Minimize increases in storm water runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
2.4 Minimize increases in pollution caused by storm water runoff from land development activities which would otherwise degrade local water quality;
2.5 Minimize the total annual volume of storm water runoff which flows from any specific site during and following development to the maximum extent practicable; and
2.6 Reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through storm water management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
Section 3. Statutory Authority
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Village Board of Trustees of Endicott has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Village of Endicott and for the protection and enhancement of its physical environment. The Board/Village Board of Trustees of Endicott may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

 


Section 4. Applicability


4.1 This local law shall be applicable to all land development activities as defined in this local law.
4.2 The municipality shall designate a Storm water Management Officer who shall accept and review all storm water pollution prevention plans and forward such plans to the applicable municipal board. The Storm water Management Officer may
(1) review the plans,
(2) upon approval by the Village Board of Trustees of the Village of Endicott, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or - (3) accept the certification of a licensed professional that the plans conform to the requirements of this law.
4.3 All land development activities subject to review and approval by the Planning Department, Planning Board, Zoning Board of Appeals or Village Board of Trustees of the Village of Endicott tinder subdivision, zoning, site plan, and/or special permit) regulations shall be reviewed subject to the standards contained in this local law
4.4 All land development activities not subject to review as stated in Section 4.3 shall be required to submit a Storm water Pollution Prevention Plan (SWPPP) to the Storm water Management Officer who shall approve the SWPPP if it complies with the requirements of this law.

 


Section 5. Exemptions


5.1 Agricultural activity as defined in this local law.
5.2 Logging activity undertaken pursuant to an approved timber
management plan prepared or approved by the County Soil & Water
Conservation District or the New York State Department of
Environmental Conservation, except that landing areas and log haul
roads are subject to this law.
5.3 Routine maintenance activities that disturb less than five acres and
are performed to maintain the original line aid grade, hydraulic
capacity or original purpose of a facility.
5.4 Repairs to any storm water management practice or facility
deemed necessary by the Storm water Management Officer.
5.5 Any part of a subdivision if a plot for a subdivision that has been
approved by the Village of Endicott and construction activities have
started on or before the effective date of this law.
5.6 Land development activities for which a building pennit has been
approved on or before the effective date of this law.
5.7 Cemetery graves.
5.8 Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
5.9 Emergency activity immediately necessary to protect life, property
or natural resources.
5.10 Activities of an individual engaging in home gardening by
growing flowers, vegetable and other plants primarily for use by that
person and his or her family.
5.11 Landscaping and horticultural activities in connection with an
existing structure.

 

Article 2. Storm water Control


Section 1. Definitions


The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth


AGRICULTURAL ACTIVITY — the activity of an active farm including grazing aiid watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the construction of new structures associated with agricultural activities
APPLICANT — a property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING — any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CATCH BASIN — (drain inlet) a structure which allows the entry of surface runoff into a stonn sewer by connection to the storm sewer.
CHANNEL — a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.  

CLEARING — any activity that removes the vegetative surface cover. 

DEDICATION — the deliberate appropriation of property by its owner for general public use.
DETENTION STRUCTURE — a permanent Storm water management structure whose primary purpose is to temporarily store storm water runoff. A detention structure may be dry during non-storm events or may have a permanent pool of water.
DEPARTMENT — the New York State Department of Environmental Conservation (NYSDEC)
DESIGN MANUAL — the New York State Storm water Design Manual, most recent version including applicable updates that serves as the official guide for storm water management principles, methods and practices.                                                         

DEVELOPER — a person who undertakes land development activitiesEROSION CONTROL MANUAL — the most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book”.
FIRST FLUSH — the delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first one-half inch of runoff from the entire site from land which has been made less pervious than the pre-development conditions through land grading and/or construction/development activities.
GRADING — excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER — those surfaces, improvements and structures that prevent the percolation of water into the soil (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORM WATER PERMIT — a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on-site pollution control strategies.                                                                 

 INFILTRATION — the process of percolating water into the subsoil.

JURISDICTIONAL WETLAND — an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
LAND DEVELOPMENT ACTIVITY — construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER - the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT — a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.
NONPOINT SOURCE POLLUTION — pollution from any source other than from any discernible, confined, and discrete conveyances, aid shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING — developing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the development of the next.POLLUTANT OF CONCERN — sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT - land development activity
RETENTION — a practice designed to store storm water runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration, or attenuated release when runoff volumes exceed the storage capacity of the pool.
RECHARGE — the replenishment of underground water reserves.
SEDIMENT — solid material, both mineral and organic, that is in suspension, is being transported, or has been removed from its site of origin by erosion. Sediment Control - measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS — cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species, Critical Environmental Area designated by the Municipality.
SPDES --- General Permit for Construction Activities GP-02--Ol - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES General Permit for Storm water Discharges from Municipal Separate Storm water Sewer Systems GP—02-02 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify storm water control standards.
Stabilization - the use of practices that prevent exposed soil from eroding.

STOP WORK ORDER - an order issued which requires that all construction activity on a site be stopped.
STORM WATER — the discharge of water from the surface of land resulting from precipitation or snow or ice melt, including surface runoff, groundwater flows, percolation and seepage.
STORM WATER HOTSPOT - a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical storm water runoff, based on monitoring studies.
STORM WATER MANAGMENT - the use of structural or non—structural practices that are designed to reduce storm water runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORM WATER MANAGMENT FACILITY- one or a series of storm water management practices installed, stabilized and operated for the purpose of controlling storm water runoff.
STORM WATER MANAGMENT OFFICER - an employee or officer designated by the municipality to accept and review storm water pollution prevention plans, forward the plans to the applicable municipal board and inspect storm water management practices.
STORM WATER MANAGMENT PRACTICES (SMPs) — measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to storm water runoff and water bodies.

STORM WATER POLUTION PREVENTION PLAN (SWPPP) - a plan for controlling storm water runoff and pollutants from a site during and after construction activities.
STORM WATER RUNOFF- flow on the surface of the ground, resulting from precipitation.
STRIPPING — any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation.
SURFACE WATERS OF NEW YORK STATE — 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 — a natural depression or wide shallow ditch used to route or filter runoff.
WATERCOURSE — a permanent or intermittent stream or other body of water, either natural or man—made, which gathers or carries surface water.

WATERSHED - a region or area contributing storm water ultimately to a particular watercourse or body of water.
WATERWAY — a channel that directs surface runoff to a watercourse or to the public storm drain.

 


Section 2. Storm water Pollution Prevention Plans


2.1. Storm water Pollution Prevention Plan Requirement
No application for approval of a land development activity shall be reviewed until the appropriate board has received a Storm water Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this local law.
2.2 Contents of Storm water Pollution Prevention Plans
2.2.1 All SWPPPs shall provide the following background information and erosion and sediment controls:
1. Background information about the scope of the project, including location, type and size of project.
2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not he disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off—site material, waste, borrow or equipment storage areas; and location(s) of the storm water discharges(s); Site map should be at a scale no smaller than l”=lOO’
3. Description of the soil(s) present at the site;
4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in storm water runoff;
6. Description of construction and waste materials expected to be stored on—site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to storm water, and spill prevention and response;
7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close—out;
8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the sitting and sizing of any temporary sediment basins;
10. Temporary practices that will be converted to permanent control measures;
11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
13. Name(s) of the receiving water(s);
14. Delineation of SWPPP implementation responsibilities for each part of the site;
15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
16. Any existing data that describes the storm water runoff at the site.


2.2.2 Land development activities meeting Condition “A”, “B” or “C” below shall also include water quantity and water quality controls (post—construction storm water runoff controls) as set forLh in Section 2.2.3 below as applicable:


1. Condition A — Storm water runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department’s 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in storm water have been identified as a source of the impairment.
2. Condition B - Storm water runoff from land development activities disturbing fivo (5) or more acres.
3. Condition C - Storm water runoff from construction activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties.


2.2.3 SWPPP Requirements for Condition A, B and C:


1. All information in Section 2.2 .1 of this local law
2. Description of each post—construction storm water management practice;
3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post construction storm water management practice;
4. Hydrologic and hydraulic analysis for all structural components of the storm water management system for the applicable design storms
5. Comparison of post-development storm water runoff conditions with pre—development conditions                6. Dimensions, material specifications and installation details for each post-construction storm water management practice;
7. Maintenance schedule to ensure continuous and effective operation of each post — construction Storm water management practice.
8. Maintenance easements to ensure access to all storm water manageInent practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
9. Inspection and maintenance agreement binding on all subsequent landowners served by the onsite storm water management measures in accordance with Article 2, Section 4 of this local law.
10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all storm water management practices meet the requirements in the local law.


2.3 Other Environmental Permits
The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final Storm water design plan.


2.4 Contactor Certification


2.4.1 Each contractor and subcontractor who will be involved in soil disturbance and! or Storm water management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Storm water Pollution Prevention Plan. 1 also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.”
2.4.2 The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
2.4.3 The certification statement (s) shall become part of the SWPPP for the land development activity.

CONTRACTOR CERTIFICATION STATEMENT
“1 certify under penalty of law that 1 understand and agree to comply with the terms and conditions of the Storm water Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.”
Date:
Company / Contracting Firm
Company Address
Company Telephone
Name of the Person providing the Signature:
Please Print:
Signature
Title of the Person Signing:
Site Address

2.5 A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.


Section 3. Performance and Design Criteria for Storm water Management and Erosion and Sediment Control. All land development activities shall be subject to the following performance and design criteria:

3.1 Technical Standards
For the purpose of this local law, the following documents shall serve as the official guides and specifications for Storm water management. Storm water management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law:
3.1.1 The New York State Storm water Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual)
3.1.2 New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual).
3.2 Equivalence to the Technical Standards
Where storm water management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Article 2, Section 3.1 and the SWPPP shall be prepared by a licensed professional.
3.3 Water Quality Standards
Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York.


Section 4. Maintenance and Repair of Storm water Facilities


4.1 Maintenance During Construction
4.1.1 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.
4.1.2 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 every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stonnwater Management Officer and also copied to the site log book.
4.2 Maintenance Easement (s) Prior to the issuance of any approval that has a storm water 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 storm water management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Endicott to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Endicott.
4.3 Maintenance after Construction
The owner or operator of permanent storm water management practices (SMPs) installed I accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes as a minimum, the following:
4.3.1 A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law.
4.3.2 Written procedures for training personnel in the operation and maintenance of the facilities.
4.3.3 Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Article 2, section 3,2.
4.4 Maintenance Agreements
The Village of Endicott shall approve a formal maintenance agreement for storm water 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 he consistent with the terms and conditions of Schedule A of this local law entitled Sample Storm water Control Facility Maintenance Agreement. The Village of Endicott, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future storm water 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.

 


Article 3. Administration and Enforcement

Section 1. Construction Inspection


1.1 Erosion and Sediment Control Inspection
The Village of Endicott Storm water Management Officer may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the storm water pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Village of Endicott enforcement official at least 48 hours before any of the following as required by the Storm water Management Officer:
1.1.1 Start of construction
1.1.2 Installation of sediment and erosion control measures
1.1.3 Completion of site clearing
1.1.4 Completion of rough grading
1.1.5 Completion of final grading
1.1.6 Close of the construction season
1.1.7 Completion of final landscaping
1.1.8 Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Storm water Management Officer.
1.2 Storm water Management Practice Inspections
The Village of Endicott Storm water Management Officer, is responsible for conducting inspections of storm water management practices (SMPs) All applicants are required to submit “as built” plans for any storm water management practices located on-site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer.
1.3 Inspection of Storm water 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 storm water 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 storm water management practices.
1.4 Submission of Reports
The Village of Endicott Storm water Management Officer may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law.
1.5 Right-of-Entry for Inspection
When any new storm water management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Village of Endicott the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in paragraph 1.3.


Section 2. Performance Guarantee


2.1 Construction Completion Guarantee
In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Village of Endicott in its approval of the Storm water Pollution Prevention Plan, the Village of Endicott 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 Village of Endicott as the beneficiary. The security
shall be in an amount to be determined by the Village of Endicott 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 Village of Endicott, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facilities) 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 Village of Endicott. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from I liability.
2.2 Maintenance Guarantee
Where storm water 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 Village of Endicott with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all storm water 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 storm water management and erosion and sediment control facilities, the Village of Endicott may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
2.3 Recordkeeping
The Village of Endicott may require entities subject to this law to maintain records demonstrating compliance with this law.


Section 3. Enforcement and Penalties


3.1 Notice of Violation.
When the Village of Endicott determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain


3.1.1 the name and address of the landowner, developer or applicant;
3.1.2 the address when available or a description of the building, structure or land upon which the violation is occurring;
3.1.3 a statement specifying the nature of the violation;
3.1.4 a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action;             

3.1.5 a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
3.1.6 a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) calendar days of service of notice of violation.


3.2 Stop Work Orders
The Village of Endicott may issue a stop work order for violations of this law.
Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Village of Endicott confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.


3.3 Violations
Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a mariner provided by law.


3.4 Penalties
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding three hundred fifty dollars ($350) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars nor more than seven hundred dollars ($700) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation.


3.5 Withholding of Certificate of Occupancy
If any building or land development activity is installed or conducted in violation of this local law the Storm water Management Officer may prevent the occupancy of said building or land.


3.6 Restoration of lands
Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Village of Endicott may take necessary corrective action, the cost of which shall become a lien upon the property until paid.


Section 4. Fees for Services
The Village of Endicott may require any person undertaking land development activities regulated by this law to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SM? Maintenance performed by the Village of Endicott or performed by a third party for the Village of Endicott.


Section 5. Severability and Effective Date

   5.1 Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law.
5.2 Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of State.

I hereby certify that the local law annexed hereto , designated as local law No. 03 of 2007 of the Village of Endicott was duly passed by the Board of Trustees on 12/10/07, in accordance with the applicable provisions of law.
I further certify that I have compared the proceeding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph.
STATE OF NEW YORK
COUNTY OF BROOME
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
Village Attorney, Village of Endicott
Date:

 


Flood Zone Information

Forms and Publications:

Sidewalk Petition
Excavation Permit
Claim Form
 
 
  For more info call:

Kent Rapp
Phone: (607) 757-2425