Town Code Chapter 147.Stormwater Management Town of Queensbury
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Chapter 147, STQRMWATER MANAGEMENT
[HISTORY: Adopted by the Town Board of the Town of Queensbury 7-19-1999 by L.L. No.
4-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention--See Ch.91.
Land use procedures--See Ch. 105.
Zoning-Subdivision Review--See Ch. 178.
Zoning--See Ch.179.
Subdivision of land--See Ch.A183.
§ 147-1. Short title.
This chapter shall be known as the "Stormwater Management Local Law for the Town of
Queensbury."
§ 147-2. Findings.
The Town of Queensbury ("town")finds that uncontrolled drainage and runoff associated with
land development has a significant impact upon the health, safety and welfare of the community
for the following reasons:
A. Stormwater can carry pollutants into receiving water bodies and degrade water quality.
B. The increase in nutrients in stormwater runoff accelerates eutrophication of receiving waters.
C. Improper design and construction of drainage facilities can increase the velocity of runoff,
thereby increasing stream bank erosion and sedimentation.
D. Construction requiring land clearing and the alteration of natural topography tends to increase
erosion.
E. Siltation of water bodies resulting from increased erosion decreases the capacity of the water
bodies to hold and transport water, interferes with navigation and harms flora and fauna.
F. 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.
G. Improperly managed stormwater runoff can increase the incidence of flooding and the level
of floods which occur, endangering property and human life.
H. Substantial economic losses can result from these adverse impacts on the waters of the Town
of Queensbury.
I. Many problems can be avoided if sound stormwater runoff management practices are in
effect.
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§ 147-3. Statutory authority.
The statutory authority for this chapter is Article 9 of the Town Law and Environmental
Conservation Law § 43-0112.
§ 147-4. Purpose and objectives.
A. The purpose of this chapter is to protect and safeguard the general health, safety and welfare
of the public residing in or visiting the Town of Queensbury by preserving and protecting the
quality of the ground and surface waters.
B. This chapter has the following specific objectives:
(1) To prevent any increase in stormwater runoff from any development in order to reduce
flooding, siltation and stream bank erosion.
(2) To prevent any increase in pollution caused by stormwater runoff from development
which would otherwise degrade the quality of water in Lake George and its tributaries
and render it unfit for human consumption, interfere with water-based recreation or
adversely affect aquatic life.
(3) To prevent any increase in the total annual volume of surface water runoff which flows
from any specific site during and following development over that which prevailed prior
to development.
§ 147-5.Definitions.
The terms used in this chapter or in documents prepared or reviewed under this chapter shall
have the meanings set forth in Schedule A of this chapter.EN(1)
§ 147-6.Applicability.
This chapter shall apply to all building, construction, land clearing and subdivision of land
located both within the Lake George Park and Town of Queensbury,both public and private,
except development which is expressly exempt in accordance with § 147-7H of this chapter.
Permits and approvals required by this chapter may be incorporated into the site plan, land use or
r zoning approvals issued under separate provisions of the municipality's land use program.
§ 147-7.Prohibitions; exceptions.
A. Except for the activities exempted in Subsection H of this section, no person shall build,
construct, erect, expand or enlarge any building or structure or place or construct any
impervious surface such as pavement, blacktop,macadam,packed earth and crushed stone
without first receiving a stormwater management permit from the municipality, unless
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otherwise exempted herein.
B. rand
o person shall create a subdivision of land subject to approval by the municipality until first
ceiving a stormwater management permit from the municipality for all buildings, structures
impervious surfaces proposed to be created, except that the terms of this chapter shall not
apply to persons engaged in activities for which required municipal permits and approvals
were issued prior to the effective date of this chapter.
C. No owner of real property shall maintain a condition which, due to a human disturbance of
land,vegetative cover or soil, results in the erosion of soil into any water body. The
municipality shall notify a property owner of such condition on his property and shall afford
a reasonable time period to correct any such condition before a violation shall be deemed to
exist.
D. Except for the activities exempted in Subsection H of this section herein, no person shall
operate a land clearing machine such as a back hoe, grader or plow or similar device so as to
clear or grade land or otherwise remove vegetative cover or soil or to overlay natural
vegetative cover with soil or other materials when such activities involve an area of land
greater than 5,000 square feet without first having received a permit under this chapter.
E. No person shall fail to comply with any provision or requirement of any permit issued in
accordance with this chapter.
F. No person shall create a condition of flooding, erosion,siltation or ponding resulting from
failure to maintain previously approved stormwater control measures where such condition is
injurious to the health,welfare or safety of individuals residing in the park or injurious to any
land within the park. The town shall notify a property owner of such condition on his
property and prescribe measures necessary to reestablish effective performance of the
approved stormwater control measures. The town shall afford such property owner a
reasonable time period in which to correct any such condition,before a violation is deemed to
exist.
G. No person shall build, alter or modify a stormwater control measure without first receiving a
permit from the town. Such building, alteration and/or modification does not include the
ordinary maintenance, cleaning and/or repair of stormwater control measures.
H. The following activities are exempt from the requirements of this chapter:
(1) Emergency repairs to any stormwater control measure.
(2) Development involving land disturbance and land clearing of less than 5,000 square feet,
which does not result in the creation of new impervious surfaces of more than 1,000
square feet.
(3) Any logging and agricultural activity which is consistent with a soil conservation plan
approved by the appropriate county soil and water conservation district or a timber
management plan prepared or approved by the Department, as applicable.
(4) Any building, construction or land clearing occurring outside the drainage basin of Lake
George from which all stormwater discharged from the development site is discharged
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outside of the basin.
(5) 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.
(6) Construction of an approved wastewater treatment system and construction of a wharf,
dock, boathouse and mooring.
§ 147-8. Project classification for stormwater management.
A. Minor projects. The following development activities shall be considered to be minor
projects:
(1) Any building,land clearing or development activity affecting less than 15,000 square
feet.
(2) Creation of a two-lot, three-lot or four-lot subdivision which may result in the
construction of no more than one single-family residential structure and related
accessory structures per lot, and will require land clearing or alteration activities of less
than 15,000 square feet per lot and less than 15,000 square feet total for any subdivision
road.
(3) Any building, alteration or modification of a stormwater control measure, excluding
maintenance, cleaning or repair of such stormwater control measure.
B. Major projects. Any project not expressly exempted from regulation or defined as a minor
project shall be a major project.
(1) The following may be considered to be major projects:
(a) Any part of the activity listed in § 147-8A(1), (2) or(3)which occurs on:
[1] Soils of high potential for overland or through-soil pollutant transport;
[2] An area with a slope of 15% or greater when measured in any direction over a
distance of 100 feet from the center of the proposed building site; or
[3] An area with a soil percolation rate slower than 60 minutes per inch.
(b) Minor projects treated as major projects.
[1] Any minor project may be treated as a major project if such treatment is
desirable due to specific site limitations or constraints, anticipated
environmental impacts or the need or advisability of additional public notice
and comment. When determining whether to treat a minor project as a major
project, the criteria to be considered shall include, but shall not be limited to,
whether the site lies within or substantially contiguous to any of the following:
[a] A critical environmental area established in accordance with SEQRA;
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[b] A wetland;
[c] A stream corridor;
[d] An area of significant habitat for any wildlife or plant species;
[e] An area of particular scenic,historic or natural significance.
[2] The project sponsor of a minor project that will be treated as a major project
shall be given a written statement of the reasons for such a determination.
§ 147-9. Design requirements and performance standards.
A. Minor projects. The following requirements shall apply to minor projects:
(1) Stormwater shall be managed on-site using stormwater control measures designed to
afford optimum protection of ground and surface waters. Stormwater control measures
shall be selected by giving preference to the best management practices for pollutant
removal and flow attenuation as specified in Schedule C.EN(2) Stormwater may be
calculated in accordance with the methodology for determining stormwater volume and
flow rates for major projects found in Schedule B, Part lH,EN(3) or, in the alternative, at
a flat rate of 1.5 gallons of stormwater for every square foot net increase in impervious
area. Net increase is the difference between predevelopment and postdevelopment
conditions. All water from newly created impervious areas which would otherwise run
off the parcel shall be directed to an infiltration device. location of the infiltration
devices shall be determined based upon soil test results.
(2) Stormwater control measures may include,but shall not be limited to, dry wells of
precast concrete, pits of crushed rock lined with geotextile fabric and infiltration
trenches. Such measures may also include natural and human-made landscape features
such as depressions,blind ditches, retention ponds, swales and others. Inlets to
infiltration devices shall be protected from sediment at all times in order to maintain
their capacity.
(3) Infiltration devices shall not be installed up gradient within 20 feet of the subsurface
treatment system of a wastewater treatment system. Infiltration devices for roadways,
parking lots and other areas subject to vehicle traffic shall not be installed within 100
feet of any water well, wetland or water body.
(4) Infiltration devices and buildings shall be designed to maintain maximum attainable
horizontal distance separation from wells,water bodies and wetlands. Pumping
stormwater shall not be permitted.
(5) The bottom of any infiltration device shall be a minimum of two feet above seasonal
high groundwater mark and two feet above bedrock.
(6) Temporary erosion controls shall be required to prevent siltation of water bodies during
construction.
(7) Stormwater control measures proposed to be installed at locations with slope greater
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than 15% before grading, soil percolation rate slower than 60 minutes per inch or which
require placement of fill to meet horizontal distance separations specified in this subpart
shall be designed by a licensed professional engineer, architect or exempt land surveyor.
B. Major projects.
(1) Stormwater volumes and rates of flow shall be calculated using the methods specified in
Schedule B, Part III EN(4)
(2) Design requirements for stormwater control measures.
(a) Stormwater control measures shall be designed so that there will be no increase in
runoff volume from a ten-year frequency/twenty-four-hour duration storm event
following development over the predevelopment volume.
(b) For storm events exceeding the ten-year design storm, the stormwater control
measures shall function to attenuate peak runoff flow rates for a twenty-five-year
frequency storm to be equal to or less than predevelopment flow rates. For
development greater than five acres,consistent with New York State guidelines,
stormwater control measures shall function to attenuate peak runoff flow rates for a
one-hundred-year storm to be equal to or less than predevelopment flow rates.
Attenuation of the one-hundred-year storm is intended to reduce the rate of runoff
from development to prevent expansion of the one-hundred-year floodplain so as to
alleviate flooding of improved properties and roadways. The minimum requirement
for peak flow attenuation can be waived for the one-hundred-year storm event where
it can be proven that downstream flooding is not a concern, such as where excess
stormwater runoff is discharged to Lake George or to a regional stormwater facility
designed to handle additional volume and peak discharge. The cumulative effect of
all proposed development projects within the watershed should be considered in
making this determination. Rainfall intensity curves for Lake George, New York,
shall be used in the design of the stormwater control measures. These curves are
annexed to this chapter as Schedule D, entitled 'Rainfall Intensity Curves."EN(5)
Additionally,for development greater than five acres, coverage is required under a
state pollutant discharge elimination system (SPDES)general stormwater permit
administered by the Department of Environmental Conservation.
(c) Infiltration devices shall be designed such that the bottom of the system will be a
minimum of two feet above the seasonal high groundwater level to be realized
following development. Where compliance with this requirement would prevent
compliance with Subsection B(2)(e)of this section, compliance with this
requirement may be waived. This provision shall not apply to wet ponds and similar
stormwater control measures which are designed to be built in the saturated soil
zone.
(d) Infiltration devices for major projects shall be located a minimum of 100 feet from
Lake George and any down-gradient drinking water supply, lake, river, protected
stream,water well, pond, wetland; a separation of more than 100 feet may be
required in cases where contamination of the water supply is possible due to highly
permeable soils, shallow groundwater and similar situations. The separation distance
shall be a minimum of 50 feet from up-gradient water supplies. Designs shall
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mitigate adverse effects that groundwater recharge will have on adjacent wells, water
supplies,wastewater treatment systems, buildings, roadways, properties and
stormwater control measures. Stormwater recharge areas shall be located a minimum
of 100 feet from the subsurface treatment system of a wastewater treatment system
unless it is demonstrated that a lesser separation will not adversely affect the
functioning of such leach fields.
(e) Infiltration devices shall be designed to extend a minimum of 10% of the infiltration
surface area below the prevailing frost depth or four feet (whichever is greater) in
order to provide infiltration during winter months.
(f) Infiltration devices shall be designed based on the infiltration capacity of the soils
present at the project site. Soil evaluation methods shall be in accordance with
Schedule B, Part IV, Soil Evaluation Methods EN(6)
(3) Additional requirements for major projects.
(a) Order of preference for control measures.
[1] Stormwater control measures shall be used in the following order of preference:
[a] Infiltration devices.
[b] Artificial wetlands and acceptable natural treatment systems.
[c] Flow attenuation by use of open vegetated swales and depressions.
[d] Stormwater detention.
[2] Stormwater control measures shall be selected by giving preference to the best
management practice for pollutant removal and flow attenuation as indicated in
Schedule C.EN(7)
(b) All stormwater control measures shall be designed to completely drain to return to
design levels in accordance with the following:
Control Measure Number of Days
Infiltration basin 5
Infiltration trench 15
Dry well 15
Porous pavement 2
Vegetation depression 1
(c) Pretreatment devices such as sediment traps, detention/stilling basins, filter strips,
grassy swales or oil/water separators shall be provided for runoff from paved areas or
other areas subject to human-induced pollution, including grease and oils, fertilizers,
chemicals, road salt, sediments,organic materials and settleable solids, which shall
be sufficient to remove pollutants from the runoff.
(d) Stormwater control measures shall, at a minimum, incorporate the best available
pollutant removal technology,which shall mean that which constitutes appropriate
and cost-effective means for removing pollutants from runoff so that the resulting
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treated stormwater will not degrade the water quality of any water body.
(e) Stormwater control measures shall be designed to preserve and maintain the base
flow in all streams passing through, adjoining or receiving runoff from the site.
(f) For development or redevelopment occurring on a site where development has
previously occurred, the applicant shall be required to prepare concept plans and to
develop construction estimates for stormwater control measures to control existing
stormwater discharges from the site in accordance with the standards of this chapter
to the maximum extent practicable.At a minimum, the control measures shall
include those reasonable and necessary to infiltrate the runoff from the first one-half
inch of precipitation from any storm event for all areas within the site which have
been previously developed. The phased implementation of such stormwater control
measures for previously developed areas may be authorized.
C. General requirements for major and minor projects. The following requirements shall apply
to major and minor projects:
(1) Stormwater control measures shall include such other measures as are deemed necessary
to prevent any increase in pollution caused by stormwater runoff from development
which would otherwise degrade the quality of water in Lake George and its tributaries,
render it unfit for human consumption, interfere with water-based recreation or adversely
affect aquatic life.
(2) Emergency overflow provisions shall be made as necessary to prevent erosion,flooding
and damage to structures,roads and stormwater control measures.
(3) Stormwater control measures shall be designed to minimize adverse impacts to water
bodies,minimize disturbance of water bodies, minimise land clearing, minimize the
creation of impervious surfaces and to maximize preservation of natural vegetation and
existing contours.
(4) Development which involves the creation of areas subject to intensive landscape
maintenance, such as golf courses, public parks and botanical gardens, shall require that
a pest control and fertilizer management plan shall be prepared and included with the
permit application.
§ 147-10.Erosion control measures.
A. Temporary erosion control shall be provided for all disturbed areas in accordance with the
"New York Guidelines for Urban Erosion and Sediment Control." The temporary erosion
control measures shall be maintained continuously until permanent control measures are in
service. Infiltration devices shall be protected from siltation during the period of construction
and until the site is successfully revegetated by use of silt screens, inlet protection devices,
sediment detention ponds or other suitable erosion control measures.
B. Staging of construction to facilitate erosion control shall be required. Only those areas where
construction is actively occurring shall remain open and unvegetated. All areas that are not
within an active construction area shall be mulched and stabilized or shall be mulched and
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revegetated. An "active construction area" is defined as one that has seen substantial
construction within the past seven calendar days. Mulching or revegetation for erosion
control shall be completed within 10 days following the last substantial construction activity.
C. Compliance with the following restrictions shall be required:
(1) No vegetation shall be felled into any lake,pond, river, stream or intermittent stream and
if inadvertently felled into one of these water bodies, shall be removed immediately from
the water body.
(2) Within 500 feet of the mean high water mark of any lake, pond, river, stream or wetland,
no land area, including areas stockpiled with earthen materials,which has been cleared
may be made or left devoid of growing vegetation for more than 24 hours without a
protective covering securely placed over the entire area and/or erosion control measures
properly installed to prevent sediments from entering the water body. Acceptable
protective coverings include natural mulch of a depth of two inches, rock rip-rap,
nondegradable materials, such as plastic or canvas coverings, and impervious structures.
(3) Any area of land from which the natural vegetative cover has been either partially or
wholly cleared or removed by development activities shall be revegetated within 10 days
from the substantial completion of such clearing and construction. Acceptable
revegetation shall consist of the following:
(a) Reseeding with an annual or perennial cover crop accompanied by placement of
straw mulch or its equivalent of sufficient coverage,but not less than 50% of the
total disturbed area, to control erosion until such time as the cover crop is established
over 90% of the seeded area.
(b) Replanting with native woody and herbaceous vegetation accompanied by placement
of straw mulch or its equivalent of sufficient coverage to control erosion until the
plantings are established and are capable of controlling erosion.
(c) Any other recognized method which has been reviewed and approved by the
municipality as satisfying the intent of this requirement.
(4) Any area of revegetation must exhibit survival of a minimum of 75% of the cover crop
throughout the year immediately following revegetation. Revegetation must be repeated
in successive years until the minimum 75% survival for one year is achieved.
(5) Ground-clearing or grading activities which occur during the period October 15 to April
15, during which germination of vegetation typically will not take place, shall be
required to incorporate extra measures during revegetation in order to reduce erosion and
maintain water quality. These extra measures include,but are not limited to, the use of
screen mesh, netting, extra mulch and siltation fences.
§ 147-11.Maintenance of stormwater control facilities required.
A stormwater permit shall include, at a minimum,provisions for the future maintenance of the
site, consistent with the following:
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A. Applicability. Prior to issuance of a certificate of completion for any major project, or any
minor project where it is deemed necessary, the project sponsor shall provide for
arrangements for the future maintenance of stormwater control measures subject to the
approval of the Town of Queensbury. This may include,but not be limited to, the following:
approval of the by-laws and/or certificate of incorporation of a transportation corporation or
homeowners' association; posting of a performance bond; placing of funds on deposit; and a
stormwater management maintenance agreement between the owner(s)of the site and the
municipality consistent with the terns and conditions of Schedule E, entitled "Sample
Stormwater Control Facility Maintenance Agreement."EN(8)
B. Purpose. Stormwater management maintenance arrangements shall be those necessary to
ensure that stormwater control measures are maintained in working condition throughout the
life of the project.
C. Notice. The stormwater management maintenance agreement shall be recorded in the office
of the County Clerk or its terms shall be incorporated into covenants appearing in the deed,
declarations of covenants and restrictions or other such documents to ensure that record
notice of its terms is provided to future owners of the site. it shall also be included in the
offering plan, if any,for the project.
D. Initial maintenance security. The project owner(s)or sponsor shall establish a maintenance
security in the form of a bond, letter of credit, escrow account, or other acceptable security,
for the purpose of rebuilding,maintaining or repairing the stormwater control facilities
during the first two years following the approved completion of construction.
§ 147-12.Permit application review procedures.
A. Plan review. It is the responsibility of the applicant to provide a detailed plot plan showing
the location and dimensions of all existing and proposed structures and impervious surfaces,
watercourses,water bodies,wetlands, wells, septic systems and stormwater control measures
on the site and within 100 feet of the site, and a location map of the site. Applications shall be
submitted on forms prescribed by the Town of Queensbury and shall require an application
fee, Tax Map number of affected parcels, a completed Part 1 environmental assessment form,
if required, and names and addresses of adjacent parcel owners, as required.
B. Minor projects. The Code Compliance Officer(s) (either Zoning or Building and Codes) of
the Town of Queensbury shall have primary responsibility for the review, approval and
issuance of stormwater management permits for minor projects. The Code Compliance
Office may request technical assistance from the Commission.
(1) Prior to permit decisions, a test pit may need to be witnessed.
(2) The Code Compliance Officer shall determine whether notice to adjacent owners is
warranted by public interest or other considerations.
(3) Prior to the issuance of a permit for any project, the Code Compliance Officer shall
determine that the project as proposed is in accordance with the design standards of this
chapter.
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C. Major projects. Major projects shall require site plan review in accordance with
municipality's land use local laws.
(1) Preparation of a stormwater control report(SCR)in accordance with Schedule B, Part
II,EN(9) is required. Preparation of a stormwater concept plan (SCP) in accordance with
Schedule B, Part I, may be required if deemed necessary by the municipality. The SCP
and SCR shall be prepared by an engineer or architect or exempt land surveyor licensed
to practice under the laws of the State of New York,who shall be employed by the
applicant or developer to design and supervise the installation of all stormwater
management facilities. Stormwater management shall be within the area of expertise of
the particular individual or firm performing the design and construction supervision,
and, if requested, that individual or firm shall famish a listing and description of all
stormwater management projects designed or supervised by them within the past five
years.
(2) Approval of the stormwater concept plan and stormwater control report may require a
public hearing if the municipal zoning and subdivision local laws require such a
hearing.EN(10)
(3) The final subdivision plat shall contain stormwater control measures for all commonly
owned roads, buildings, parking areas and impervious areas. Approved stormwater
design plans shall be filed, together with the final subdivision plat,with the County
Clerk.
(4) Prior to the approval of the final subdivision plat for commonly owned facilities, it shall
be first determined that there is sufficient information to support a finding that the
stormwater measures subject to future approval can be designed and constructed in
accordance with this chapter.
§ 147-13. Criteria for issuance of stormwater control permits.
A. An application for a stormwater control permit may be approved, denied or approved with
modifications or conditions, including modifications to nonstormwater aspects of the
development necessary to achieve the required level of stormwater management.
B. No stormwater management permit shall be issued unless the Town of Queensbury makes the
following findings,which shall be supported by substantial evidence. The facts supporting
such findings shall be set forth in the decision document or permit. The issued permits shall
set forth all required conditions and incorporate all necessary documents and maps. The
findings are as follows:
(1) That the project meets the design requirements and performance standards set forth in
this chapter.
(2) That the project will not have an undue adverse impact on the health, safety and welfare
of the public or on the resources of the Lake George Park and will not lead to a
diminution of water quality, an increase in erosion or an increase in stormwater runoff
from the site either during or following construction.
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(3) That the stormwater control measures proposed for the proposed project will function as
designed and that such measures represent the best possible methods and procedures for
controlling stormwater runoff that are feasible and practicable at the particular project
site.
(4) That adequate and sufficient measures have been taken to ensure accountability and
responsibility over the life of the project should the stormwater control measures not
function as intended, fail or suffer from inadequate maintenance to ensure their proper
functioning.The Town of Queensbury may require formation of a homeowners'
association registered in accordance with § 352-e of the New York State General
Business Law and execution of a maintenance agreement consistent with Schedule
E.EN(11)
(5) That the proposed project will not contribute to flooding, siltation or stream bank
erosion and will not result in any increase, directly or indirectly, in pollution to Lake
George or its tributaries from stormwater runoff.
§ 147-14.Variances.
A. If, during the review of an application, it is determined that the application of any design or
dimensional requirement contained in this chapter will result in the denial of the project, the
applicant shall be afforded an opportunity to modify the project plans or in the alternative to
make application for a variance. Upon denial of any permit application for a project for
failure to conform with specific provisions of this chapter, the applicant may make an
application for a variance.
B. If the applicant determines that any aspect of the project cannot meet any design or
dimensional requirement contained in this chapter, the applicant may make direct application
for a variance to the Zoning Board of Appeals.
C. Variance applications shall be on such forms as may be prescribed and shall conform with
and contain the permit application requirements set forth in this chapter.
D. The granting of any variance shall be done in accordance with § 267-a and 267-b of the New
York State Town Law and any amendments thereto as appropriate; provided, however, that
the grant of any variance to the shoreline or cutting restrictions of§ 806 of the Adirondack
Park Agency Act (Executive Law,Article 27)must be in compliance with that section and §
807 of the Act, if applicable.
E. No variance shall be granted by the Town of Queensbury until first providing notice to the
Commission a minimum of 10 days in advance. The Commission shall be deemed a party to
the proceeding.
§ 147-15. Enforcement and penalties for offenses.
A. Violations.Any development activity that is commenced or is conducted contrary to this
chapter,may be restrained by injunction or otherwise abated in a manner provided by law.
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B. Civil and criminal penalties. In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter shall be punished by a fine
of not less than $100 nor more than $1,000 or by imprisonment for a period not to exceed 60
days, or 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 its undisturbed condition. In the event that
restoration is not undertaken within a reasonable time after notice, the municipality may take
necessary corrective action, the cost of which shall become a lien upon the property until
paid.
D. Notice of violation.
(1) When the Town of Queensbury determines that an activity is not being carried out in
accordance with the requirements of this chapter, it shall issue a written notice of
violation to the owner of the property. The notice of violation shall contain:
(a) The name and address of the owner or applicant.
(b) The street address, when available, or a description of the building, structure or land
upon which the violation is occurring.
(c) A statement specifying the nature of the violation.
(d) A description of the remedial measures necessary to bring the development activity
into compliance with this chapter and a time schedule for the completion of such
remedial action.
(e) A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed.
(f) A statement that the determination of violation may be appealed to the Town of
Queensbury by filing a written notice of appeal within 15 days of service of notice of
violation.
(2) The notice of violation shall be served upon the person(s) to whom it is directed either
personally, in a manner provided for personal service of notices by the court of local
jurisdiction, or by mailing a copy of the notice of violation by certified mail, postage
prepaid, return receipt requested, to such person at his or her last known address.
(3) A notice of violation issued in accordance with this section constitutes a determination
from which an administrative appeal may be taken to the town.
SCHEDULE A
Definitions
The following terms shall have the stated meanings when used in this chapter or in documents
prepared or reviewed under this chapter:
AGRICULTURAL ACTIVITIES --The activities of an active farm, including grazing and
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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.
BASE FLOW --The stream discharge from groundwater runoff.
BLIND DRAIN -- A drain consisting of an excavated trench refilled with pervious materials,
such as coarse sand gravel or crushed stone through which water percolates and flows toward an
outlet, often referred to as a "French drain."
BUILDING FOOTPRINT--That two-dimensional plane area of a building or structure which
results when the height dimension is removed and which shows an aerial view of said building or
structure, including garages, sheds, porches, eaves, covered breezeways, entryways and other
similar attached appurtenances.
CATCH BASIN--An inlet structure for the collection of stormwater from impervious surfaces
designed with a sump to trap sediment.
COMMISSION --The Lake George Park Commission.
DEPARTMENT--The Department of Environmental Conservation of the State of New York.
DETENTION -- The practice and procedures associated with the delayed release of stormwater
so as to reduce peak flow, maintain base flow, increase opportunity for recharge to groundwater
and reduce opportunity for surface runoff and soil erosion.
DETENTION STRUCTURE-- A permanent structure for the temporary storage of runoff which
is designed so as not to create a permanent pool of water.
DEVELOP LAND -- To change the runoff characteristics of a parcel of land in conjunction with
residential, commercial, industrial or institutional construction or alteration.
DEVELOPMENT --Any building, construction, expansion, alteration, modification, demolition
or other activity, including land clearing, land disturbance,grading, roadway construction or
expansion, mining or mineral extraction which materially changes the use or appearance of land
or a structure, or the intensity of the use of land, or the creation of a subdivision which may result
in such activity,but not including interior renovations to a structure, a change in use of a
structure which results in no land disturbance or the construction or modification of a dock,
wharf or mooring.
DEVELOPMENT AREA OR SITE --Any parcel of property or lot or combination of
contiguous lots which are in common ownership or are in diverse ownership where development
is to occur in common. For the purposes of this chapter, contiguous lands shall include those
separated by a public highway.
DISTURBED AREA-- That part of a development site area where actual land disturbance,
vegetation removal or construction of buildings, structures or utilities will occur or has occurred.
DRAINAGE AREA--All of the area of land contributing runoff flow to a single point.
EROSION--The wearing away of the land surface by water,wind or ice or the detachment and
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movement of soil or rock fragments by water, wind, ice or gravity.
FILTER STRIP --A strip of permanent vegetation above ponds, diversion terraces and other
structures to retard flow of runoff, causing deposition of transported material, thereby reducing
sediment flow.
FLOW ATTENUATION-- Prolonging the flow time of runoff to reduce the peak discharge.
HYDROGRAPH --A graph showing variation in stage (depth)or discharge of a stream of water
over a period of time.
IMPERVIOUS AREA --An area covered by pavement, rooftops and/or other structures or
materials,which is either impervious to water or which substantially prevents the infiltration of
water into the soil at that location.
INFILTRATION --The downward movement of water from the surface to the subsoil.
Infiltration rate is typically expressed as inches per hour.
INFILTRATION DEVICE--A stormwater recharge area,dry well, recharge basin, retention
basin or any other engineered structure designed to infiltrate stormwater.
INFILTRATION RATE --A soil characteristic determining or describing the maximum rate at
which water can enter the soil under specified conditions, including the presence of an excess of
water.
LAND DISTURBANCE or LAND CLEARING-- Grading, digging,cutting, scraping,
excavating, removing of soil, placement of fill,paving or otherwise covering, construction,
substantial removal of natural or human-made vegetation, replacement of natural vegetation with
lawn or other human-made vegetation, demolition or other removal of human-made features, or
any activity which bares soil or rock. For the purposes of calculating the square footage affected
by any development in order to determine a project's classification, all affected areas of the
development site shall be considered in aggregate, whether or not the affected areas are
contiguous.
MULCH --A natural or artificial layer of plant residue or other materials, such as sand or paper,
on the soil surface which reduces erosion, maintains soil moisture and facilitates seed
germination.
MUNICIPALITY --The Town of Queensbury.
NON-POINT SOURCE-- Any source from which pollutants are or may be discharged which is
not a point source.
OFFERING PLAN--A prospectus as required by§ 352-e of the General Business Law.
PEAK FLOW--The maximum instantaneous flow of water from a given condition at a specific
location.
PERSON --Any individual, firm,partnership, club, trust, company, association, cooperative,
corporation(including a government corporation),municipality, the state or federal government
and any agency thereof.
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POLLUTION --The condition caused by the presence in the environment of substances of such
character and in such quantities that the quality of the environment is impaired or rendered
offensive to life.
POLLUTION SOURCE CONTROLS -- The structures and practices used in reducing
contaminants from point and/or non-point sources.
POROUS PAVEMENT--An open-graded paving material which allows water to pass through
it.
PREDEVELOPMENT --Those site conditions which legally existed prior to the commencement
of any activity regulated by this chapter.
PROJECT--Any land use or development activity proposed by an applicant which is subject to
this subpart.
PROJECT LIFE --The anticipated or actual time a project will be used, utilized or remain in
functional existence.
RAINFALL INTENSITY -- The rate at which rain is falling at any given instant, usually
expressed in inches per hour.
RATIONAL METHOD --A widely accepted method for calculating stormwater runoff, volume
and rates of flow for stormwater shed areas up to 20 acres.
REDEVELOPMENT--Any activity which alters a previously developed site.
RETENTION --The practice of holding or directing stormwater, except that portion evaporated
or bypassed in an emergency, in or to a given area so that all the stormwater will be infiltrated
into the subsoil.
RETENTION POND -- A recharge basin which is designed to infiltrate all of the stormwater it
receives and which normally has no outflow.
REVEGETATION --The natural or artificial replacement of vegetation on a project site to
reduce erosion, decrease runoff, improve water quality and improve aesthetic qualities of
exposed soils.
RUNOFF CONTROLS -- Those structures and/or devices, including, but not limited to, dry
wells, porous pavements, ditches, wetlands, holding ponds, recharge areas and
retention/detention basins, which recharge groundwater and provide for peak flow attenuation.
SIGNIFICANT HABITAT-- That area or region important in fulfilling the daily or seasonal
habitat requirements of any species of plant or animal designated as endangered, threatened, rare
or of special concern by the Department pursuant to Environmental Conservation Law § 11-0535
and § 9-1503 and the Department's regulations thereunder or by any individual species or any
group or natural community of nonlisted plants and animals of significant economic,
recreational, aesthetic, ecological or scientific importance.
SILTATION TRAP -- A structure designed to trap sand and silt-sized particulate matter from
stormwater.
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SITE--See "development area."
STORMWATER -- Water produced by precipitation, including snow melt, which does not
evaporate and which flows over a natural or human-made surface or into a natural or
human-made channel.
STORMWATER CONCEPT PLAN or SCP --A report prepared in accordance with Schedule
BEN02) of this chapter or on behalf of a project sponsor, which includes analysis of a site's
environmental characteristics,potential impacts of the development on water resources and the
effectiveness and acceptability of the proposed stormwater management system in order to
determine the types of stormwater measures necessary for the proposed development.
STORMWATER CONTROL MEASURES --All those natural and man-made structures,
infiltration devices, erosion controls, systems, facilities, agreements, institutional arrangements
and financial provisions to manage stormwater, including,but not limited to, any of the
following: dry wells, pits of crushed rock, infiltration trenches, retention ponds, detention ponds,
blind ditches, swales, pipes, culverts,natural depressions,porous paving,recharge areas and
basins.
STORMWATER CONTROL REPORT or SCR -- A report prepared in accordance with
Schedule B of this chapterEN(13)or on behalf of a project sponsor,which evaluates the quantity
and quality of stormwater runoff resulting from the proposed project. The report shall include a
set of drawings and other documents to provide all the necessary information and specifications
pertaining to stormwater management and associated pollution control for a particular site. The
SCR is intended to implement the SCP.
STORMWATER DESIGN PLAN -- The written narrative,maps and diagrams prepared for the
purpose of runoff control on a specific development site, based upon survey and analysis of the
site.
STORMWATER MANAGEMENT:
A. For quantitative control, a system of vegetative and structural measures that control the
increased volume and rate of surface runoff caused by human-made changes to the land; and
B. For qualitative control, a system of vegetative, structural and other measures that reduces or
eliminates pollutants that might otherwise be carried by surface runoff.
STORMWATER MANAGEMENT MAINTENANCE AGREEMENT-- An agreement between
the project sponsor and some other entity to ensure adequate maintenance and repair of the
stormwater management system over the life of the project.
STORMWATER MANAGEMENT PLAN or PLAN-- A local stormwater management plan
adopted by a municipality pursuant to this subpart and Environmental Conservation Law §
43-0112.
STORMWATER RECHARGE AREA--An area of land used for the purpose of infiltrating
stormwater.
STORMWATER REGULATORY PROGRAM or PROGRAM --A local stormwater regulatory
control program adopted by a municipality pursuant to 6 NYCRR 646-4 and Environmental
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Conservation Law § 43-0112.
STORMWATER RUNOFF--Any surface water runoff or runoff in channels which results
directly either from a rainstorm or from the melting of snow pack.
STREAM -- Shall include any permanent or intermittent watercourse.
STREAM CORRIDOR -- That area within 100 feet of the high water mark of any stream or river
protected and/or regulated by the New York State Department of Environmental Conservation,
or wetlands adjacent thereto.
SUBCATCHMENT--An identifiable drainage area contained within a larger watershed or
drainage area.
SUBDIVISION--A division of any land into two or more lots, parcels or sites, whether the new
lots are adjoining or not, for the purpose of sale, lease, license or any form of separate ownership
or occupancy by any person,including the conveyance of lands in common ownership which are
divided only by a road or utility right-of-way. Creation of a condominium or townhouse project
shall be considered a subdivision.This definition shall not apply to conveyances of small parcels
of land to correct a boundary of a lot, so long as such conveyance does not create additional lots.
SURFACE WATER RUNOFF -- Water which flows over the land and does not percolate into
the soil, and which may run off as a sheet, rill or stream flow.
TIME OF CONCENTRATION --The time required for water to flow from the most remote
point of a watershed, in a hydraulic sense, to the outlet.
WATER BODY --Any lake,pond, river, stream, intermittent stream or wetland.
WATER TABLE --The upper surface or top of the saturated portion of the soil or bedrock layer,
indicating the upper extent of groundwater.
WATERSHED -- The total drainage area contributing runoff to a single point.
SCHEDULE B
Engineering Specifications for Design Professionals
Part I
Content of Stormwater Concept Plan
(1) A stormwater concept plan (SCP), if required, shall include sufficient information to
evaluate the environmental characteristics of the project site, the potential impacts of the
proposed development on water resources and the effectiveness and acceptability of
measures proposed for managing stormwater runoff. Sufficient engineering analysis shall
be performed and provided to show that the stormwater control measures in the plan are
viable and capable of managing runoff from the site in compliance with these regulations
and the municipality's stormwater management plan and regulatory program. All
anticipated development of the site and phases of the project, both present and future,
shall be addressed in the SCP. The intent of this conceptual planning process is to
determine the type of stormwater measures necessary for the proposed project. The SCP
shall include any modifications to the proposed project necessary to achieve the required
level of stormwater management. In order to ensure adequate planning for management of
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runoff from future development, the Town of Queensbury may also require any SCP to
consider the maximum development potential of a site under existing zoning, regardless of
whether the applicant presently intends to develop the site to its maximum potential.
(2) For development on redevelopment occurring on a site where development has previously
occurred, an applicant shall be required to include within the stormwater concept plan
measures for controlling existing stormwater runoff discharges from the site in accordance
with the standards of this chapter to the maximum extent practicable. Such measures shall
also include those measures reasonable and necessary to, at a minimum, infiltrate the
runoff from the first one-half inch of precipitation from any storm event for all areas within
the site which have previously been developed.
Part II
Content of the Stormwater Control Report
A stormwater control report (SCR) shall be submitted, which evaluates the quantity and quality of
stormwater runoff resulting from the proposed project for all phases, both present and future, and,
if required, for the maximum potential runoff from the site if it were to be developed to its
maximum potential under existing zoning. The stormwater control report shall be consistent with,
and shall be reviewed on the basis of the approved SCP.
Contents of stormwater control report (SCR). A SCR shall contain, at the minimum, the following
information:
(1) A description of the project site and surrounding area within 500 feet as it exists prior to
the commencement of the project; a location map; description of the watershed of the
subcatchment and its relation to the project site; soil types and descriptions on the site and
surrounding area; topography of the project site and surrounding area; surface
characteristics, including percent cover by asphalt, concrete, crushed stone, grasses, brush
and trees; current land use, including all structures, and characteristics of the shoreline and
its development, if applicable; drainage patterns, including streams, ponds, culverts,
ditches and wetlands; and locations of utilities, roads and easements.
(2) A detailed description of the proposed project, including surface characteristics; proposed
land use with tabulation of the percentage of surface area to be adapted to various uses;
drainage patterns; locations of utilities, roads and easements; the limits of clearing and
grading; and construction cost estimates of stormwater management structures.
(3) Hydrologic and hydraulic computations of stormwater volume and flow for existing and
proposed conditions shall be performed. Such computations shall include:
(a) Description of the design storm frequency, intensity and duration;
(b) Time of concentration;
(c) Soil curve numbers or runoff coefficients;
(d) Peak runoff rates and total runoff volumes for each watershed area or subcatchment
area;
(a) Infiltration rates;
(f) Culvert capacities;
(g) Flow velocities;
(h) Data on the increase and volume of runoff for the ten-year storm and on the change
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in the rate of runoff for the two-, ten-, fifty- and one-hundred-year storms;
(i) Documentation of sources for all computation methods and field test results; and
Q) Sufficient information to demonstrate that the proposed development, with its
necessary stormwater controls, has been designed to preserve and maintain the base
flow in all streams passing through, adjoining or receiving runoff from the site.
(4) A description of how the stormwater control measures for the project will provide the best
available pollutant removal technology.
(5) A detailed description of, and plans of, stormwater and erosion control measures including:
(a) Proposed containment facilities and structures;
(b) Calculations of infiltration area required;
(c) Calculation of retention and/or detention/retention storage requirements and storage
volume provided;
(d) Calculation or documentation of infiltration rate;
(a) Calculation for release rate controls (orifice or pipe size);
(f) Description of pollution control measures such as filter strips, sand filters, infiltration;
(g) Provision for emergency overflow; and
(h) Measures taken to obviate or reduce the need for runoff control, such as use of
porous pavement or crushed stone, or the minimization of land clearing or paving.
(6) Drainage maps at a scale specified by the municipality showing existing and proposed
conditions and contours, including the watershed area and subcatchment boundaries,
acreage, inlet and outlet points of streams, culverts and drainage ditches, surface features,
existing and proposed structures, buildings, pavement, flow directions, existing and
proposed storm sewers, streams and other drainage channels, water quantity and quality
control structure, including retention basins and infiltration trenches, and a location map at
a scale specified by the Town of Queensbury showing the entire watershed area and
indicating the project site.
(7) A certification that the stormwater control measures as designed and presented in the SCR
will function adequately, will not adversely affect adjacent or downstream waters or
properties and have been designed in accordance with this chapter. The report and plans
shall bear the stamp and signature of the licensed professional engineer or architect or
exempt land surveyor executing the above certification.
(8) A project schedule, which shall indicate the proposed starting and completion dates for all
major work phases, including but not limited to clearing and grading, road construction,
utility placement, septic systems, stormwater control measures, wharf construction,
pouring or laying of footings and foundations, building construction and interim and
permanent revegetation. Particular emphasis shall be placed on those elements of the
schedule relating to stormwater runoff and erosion control. In general, the control facilities
shall be installed first in the construction stages of a project to minimize the impacts
associated with construction. Further, the project schedule shall take into account
appropriate seasonal limitations for temperature- and weather-sensitive operations. Special
measures or procedures may be required to undertake land disturbance activities occurring
between October 15 and April 15.
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(9) A maintenance schedule which includes:
(a) The construction costs related to stormwater control;
(b) The proposed stormwater control maintenance program and annual costs of
implementing such;
(c) Identification of the party or parties responsible for maintenance of the system over
the life of the project;
(d) A copy of any maintenance agreement;
(e) Identification of the party or parties responsible for correcting failures or inadequate
function of stormwater control measures and responsible for assuming control of the
systems in the event of failure to properly maintain the system.
(10) Application inspections. Each application shall contain the written consent of the
landowner that the municipality may conduct site inspections, tests and evaluations as are
deemed necessary by it to verify site data contained in the application. Such data shall
include, but are not limited to, soil type, topography, depth to seasonal high groundwater,
depth to bedrock and distance to surface bodies of water. During the site inspection one or
more deep test holes and percolation tests may be required by the municipality to be
performed by the applicant.
Part III
Methodologies for Determining Runoff Volumes
Stormwater volumes and rates of flow shall be calculated using the following methods:
(1) For small watershed areas (up to 20 acres), the rational method may be used; and
(2) For larger watershed areas (up to 2,000 acres), and as the overall preferred method, the United
States Department of Agriculture method shall be used. (This method is described in "Urban
Hydrology for Small Watersheds-Technical Release 55."); or
(3) Any other equivalent and widely accepted method may be used.
Part IV
Soil Evaluation Methods
The design infiltration rate shall be based on the results of hydrogeologic studies performed by the
applicant during preparation of the stormwater control report. The studies shall include test pits or
borings located to present a clear picture of geologic and hydrologic conditions existing at the site
and the areas, both on and off the site, affecting, or to be affected by, the development. A
minimum of three subsurface excavations shall be conducted, and the results shall be included in
the SCR. Interpretive logs of all excavations shall be submitted with the report. Hydrogeologic
interpretations and conclusions shall be developed by qualified persons only. Following design of
infiltration devices, additional subsurface investigations to confirm soil and groundwater conditions
will be required in the areas proposed for infiltration devices. The design of any project or
development shall ensure that the ability to manage stormwater is not affected by the placement of
structures on those soils or locations best suited for stormwater management purposes.
SCHEDULE C
Comparative Pollutant Removal of Urban BMP Designs
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r x• 3t r•T A_
F
BMPldesign , o� A`� A :L •F �+
e.rereeD et•D+rID+.o+a
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Design 1: First-flush runoff volume detained for 6-12 hours.
Design 2: Runoff volume produced by 1.0 inch, detained 24 hours.
Design 3: As in Design 2, but with shallow marsh in bottom stage.
Design 4: Permanent pool equal to 0.5 inch storage per impervious acre.
Design 5: Permanent pool equal to 2.5 (Vr); where Vr = mean storm runoff.
Design 6: Permanent pool equal to 4.0 (Vr); approximately 2 weeks' retention.
Design 7: Facility exfiltrates first-flush; 0.5 inch runoff/impervious acre.
Design 8: Facility exfiltrates one inch runoff volume per impervious acre.
Design 9: Facility exfiltrates all runoff, up to the two-year design storm.
Design 10: 400 cubic feet wet storage per impervious acre.
Design 11: 20-foot wide turf strip.
Design 12: 100-foot wide forested strip, with level spreader.
Design 13: High slope swales, with no check dams.
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Design 14: Low gradient swales with check dams.
SCHEDULE D
RAINFALL INTENSITY CURVES
FOR LAKE GEORGE, NEW YORK
10.0
5.0
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7.0
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Cr 3.0
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ar LO
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= 1.0
s xO
e
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e 10 10 70 ,a 2 7 O 12 24
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SCHEDULE E
Sample Stormwater Control Facility
Maintenance Agreement
Whereas, the Municipality of and the
("Municipality") ("facility owner"
want to enter into an agreement to provide for the long term maintenance and continuation of
stormwater control measures approved by the Municipality for the below named project, and
Whereas, the Municipality and the facility owner with that the stormwater control measures be
built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired,
replaced and continued in perpetuity in order to ensure optimum performance of the components.
Therefore, the Municipality and the facility owner agree as follows:
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1. This Agreement binds the Municipality and the facility owner, its successors and assigns, to the
maintenance provisions depicted in the approved project plans which are attached as Schedule
A of this Agreement.
2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control
measures depicted in Schedule A as necessary to ensure optimum performance of the measures
to design specifications. The stormwater control measures shall include, but shall not be limited
to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets, pipes, culverts,
soil absorption devices and retention ponds.
3. The facility owner shall be responsible for all expenses related to the maintenance of the
stormwater control measures and shall establish a means for the collection and distribution of
expenses among parties for any commonly owned facilities.
4. The facility owner shall provide for the periodic inspection of the stormwater control measures,
not less than once in every five year period, to determine the condition and integrity of the
measures. Such inspection shall be performed by a Professional Engineer licensed by the State
of New York. The inspecting engineer shall prepare and submit to the Municipality within 30
days of the inspection, a written report of the findings including recommendations for those
actions necessary for the continuation of the stormwater control measures.
5. The facility owner shall not authorize, undertake or permit alteration, abandonment,
modification or discontinuation of the stormwater control measures except in accordance with
written approval of the Municipality.
6. The facility owner shall undertake necessary repairs and replacement of the stormwater control
measures at the direction of the Municipality or in accordance with the recommendations of the
inspecting engineer.
7. The facility owner shall provide to the Municipality within 30 days of the date of this
agreement, a security for the maintenance and continuation of the stormwater control measures
in the form of (a Bond, letter of credit or escrow account).
8. This Agreement shall be recorded in the Office of the County Clerk, County of
together with the deed for the common property and shall be included in the offe-ringplan
and/or prospectus approved in accordance with
9. If ever the Municipality determines that the facility owner has failed to construct or maintain the
stormwater control measures in accordance with the project plan or has failed to undertake
corrective action specified by the Municipality or by the inspecting engineer, the Municipality is
authorized to undertake such steps as reasonably necessary for the preservation, continuation
or maintenance of the stormwater control measures and to affix the expenses thereof as a lien
against the property.
10.This Agreement is effective
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Endnotes
1 (Popup)
Editor's Note: Schedule A is located at the end of this chapter.
2 (Popup)
Editor's Note: Schedule C is located at the end of this chapter.
3 (Popup)
Editor's Note: Schedule B is located at the end of this chapter.
4 (Popup)
Editor's Note: Schedule B is located at the end of this chapter.
5 (Popup)
Editor's Note: Schedule D is located at the end of this chapter.
6 (Popup)
Editor's Note: Schedule B is located at the end of this chapter.
7 (Popup)
Editor's Note: Schedule C is located at the end of this chapter.
8 (Popup)
Editor's Note: Schedule E is located at the end of this chapter.
9 (Popup)
Editor's Note: Schedule B is located at the end of this chapter.
10 (Popup)
Editor's Note: See Ch. 178, Zoning, and Ch. A183, Subdivision of Land.
11 (Popup)
Editor's Note: Schedule E is located at the end of this chapter.
12 (Popup)
Editor's Note: Schedule B immediately follows this Schedule A.
13 (Popup)
Editor's Note: Schedule B immediately follows this Schedule A.
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