LL 02 Adopting/ Amending Stormwater t
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STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTtS-VAZQUEZ
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
March 10, 2009
Darleen M Dougher
Town Clerk
Town Office Building
742 Bay Rd
Queensbury NY 12804
RE: Town of Queensbury, Local Law No. 2, 2009, filed on March 3, 2009
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corl2/misc.htm1.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.DOS.STATE.NY.US • E-MAIL:INFO@DOS.STATE,NY.US
T
Local Law Filing NEW YOMSTATE DEPARTMENT of STD
41 STATE STREET;ALBANY,NY 1=1
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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Local Law No.-----------2----------------------- of the year 20.03_
__.Adopting.Storm Sewer System_Regulations .A,andmending______.__
A local law �---
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Be it enacted•by the -----T9WM-J3Q t&------------------------------------------------------------------of the
of------Queensbury --------------------------- as follows:
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ARTICLE 1. Purpose and Authority.
The purpose of this Local Law is to establish minimum stormwater management
requirements and controls to protect and safeguard the general health, safety, and welfare of
Town residents and to provide for the health, safety, and general welfare of the Town residents
through the regulation of non-stormwater discharges to the municipal separate storm sewer
system (MS4) to the maximum extent practicable as required by Federal and State law. It is
adopted pursuant to Municipal Home Rule Law §10.
ARTICLE 2. Town Code Revisions.
A. The following new Chapter 146 is hereby added to the Queensbury Town Code:
CHAPTER 146: STORM SEWER SYSTEM DISCHARGES, ACTIVITIES AND
CONNECTIONS
§146-1. Purpose and intent.
The purpose of this Chapter is to provide for the health, safety, and general welfare of the
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citizens of the Town of Queensbury through the regulation of non-stonnwater discharges to the
municipal separate stone sewer system (MS4) to the maximum extent practicable as required by
Federal and State law. This Local Law establishes methods for controlling the introduction of
pollutants into the MS4 in order to comply with requirements of the SPDES General Pen-nit for
Municipal Separate Stone Sewer Systems. The objectives of this Chapter are:
A. To meet the requirements of the SPDES General Pen-nit for Stonnwater Discharges from
MS4s, Permit no. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such systems are not designed
to accept, process or discharge non-stonnwater wastes;
C. To prohibit Illicit Connections, Activities and Discharges to the MS4;
D. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this Local Law; and
E. To promote public awareness of the hazards involved in the improper discharge of trash,
yard waste, local lawn chemicals, pet waste, wastewater, grease, oil, petroleum products,
cleaning products, paint products, hazardous waste, sediment and other pollutants into the
MS4.
§146-2. Definitions.
Whenever used in this Chapter, the following terms shall have the meanings set forth below
unless: (1) a different meaning is stated in a definition applicable to only a portion of this
Chapter and/or (2) the definition of the same term under Chapter 179 of the Town Code when
applied under this Chapter 146 would be more restrictive of non-stormwater discharges to the
municipal separate stone sewer system (MS4), in which case the definition from Chapter 179
shall apply here:
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to stonnwater, receiving waters, or stormwater
conveyance systems. BMPs also include treatment practices, operating procedures, and
practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from
raw materials storage.
CLEAN WATER ACT. The Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.),
and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities requiring authorization under the SPDES pen-nit
for stonnwater discharges from construction activity, GP-02-01, as amended or revised.
These activities include construction projects resulting in land disturbance of one or more
acres. Such activities include but are not limited to clearing and grubbing, grading,
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excavating, and demolition.
DEPARTMENT. The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL. New York State licensed professional engineer or licensed
architect.
HAZARDOUS MATERIALS. Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause, or significantly contribute to, a substantial present or
potential hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but not limited to:
1. Any conveyances which allow any non-stormwater discharge including treated or
untreated sewage, process wastewater, and wash water to enter the MS4 and any
connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or approved by
an authorized enforcement agency; or
2. Any drain or conveyance connected from a commercial or industrial land use to the
MS4 which has not been documented in plans, maps, or equivalent records and approved
by an authorized enforcement agency.
ILLICIT DISCHARGE. Any direct or indirect non-stonnwater discharge to the MS4, except as
exempted in Section 6 of this Local Law.
INDIVIDUAL SEWAGE TREATMENT SYSTEM. A facility serving one or more parcels of
land or residential HOUSEHOLDS, or a private, commercial or institutional facility, that treats
sewage or other liquid wastes for discharge into the groundwaters of New York State, except
where a permit for such a facility is required under the applicable provisions of Article 17 of the
Environmental Conservation Local Law.
INDUSTRIAL ACTIVITY. Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
MS4. Municipal Separate Storm Sewer System.
MUNICIPAL SEPARATE STORM SEWER SYSTEM. A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches,man-made channels, or storm drains):
1. Owned or operated by the Municipality;
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2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
122.2
MUNICIPALITY. The Town of Queensbury, sometimes also referred to as the"Town".
NON-STORMWATER DISCHARGE. Any discharge to the MS4 that is not composed entirely
of stonmwater.
PERSON. Any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT. Dredged spoil, filter backwash, solid waste, incinerator residue, treated or
untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial,
municipal, agricultural waste and ballast discharged into water; which may cause or might
reasonably be expected to cause pollution of the waters of the State in contravention of the
standards.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS.
1. Discharge Compliance with Water Quality Standards. The condition that applies where a
municipality has been notified that the discharge of stormwater authorized under their MS4
permit may have caused or has the reasonable potential to cause or contribute to the
violation of an applicable water quality standard. Under this condition the municipality must
take all necessary actions to ensure future discharges do not cause or contribute to a
violation of water quality standards.
2. 303(d) Listed Waters. The condition in the municipality's MS4 permit that applies
where the MS4 discharges to a 303(d) listed water. Under this condition the stonnwater
management program must ensure no increase of the listed pollutant of concern to the
303(d) listed water.
3. Total Maximum Daily Load (TMDL) Strategy. The condition in the municipality's
MS4 permit where a TMDL including requirements for control of stonnwater discharges
has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If
the discharge from the MS4 did not meet the TMDL stonnwater allocations prior to
September 10, 2003, the municipality was required to modify its stonnwater management
program to ensure that reduction of the pollutant of concern specified in the TMDL is
achieved.
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4. The condition in the municipality's MS4 pen-nit that applies if a TMDL is approved in
the future by EPA for any waterbody or watershed into which an MS4 discharges. Under
this condition the municipality must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL
stonnwater allocations, the municipality must, within six (6) months of the TMDL's
approval, modify its stonnwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
STORMWATER DISCHARGE PERMIT. A permit issued by the Department that
authorizes the discharge of pollutants to waters of the State.
STORMWATER. Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER(S) (SMO). Town employees (5) or other
public official(s) designated by the Town Board to administer and enforce the provisions of
this Chapter. The SMO(s) may also be designated by the Town Board to administer and
enforce Chapter 147, or the Town Board may designate one or more other SMOs for that
purpose.
303(d) LIST. A list of all surface waters in the State for which beneficial uses of the water
(drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared
periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d)
listed waters are estuaries, lakes and streams that fall short of state surface water quality
standards and are not expected to improve within the next two years.
TOTAL MAXIMUM DAILY LOAD (TMDL). The maximum amount of a pollutant to be
allowed to be released into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
WASTEWATER. Water that is not stonnwater, is contaminated with pollutants and is or
will be discarded.
§146-3. Applicability.
This Local Law shall apply to all water entering the MS4 generated on any developed and
undeveloped lands unless explicitly exempted by an authorized enforcement agency.
§146-4. Responsibility for administration.
The Stonnwater Management Officer(s) (SMO(s)) shall administer, implement, and enforce the
provisions of this Local Law. Such powers granted or duties imposed upon the authorized
enforcement official may be delegated in writing by the SMO as may be authorized by the
municipality.
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§146-5. Severability.
The provisions of this Local Law are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this Local Law or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Local Law.
§146-6. Discharge Prohibitions.
A. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the MS4 any materials other than
stormwater except as provided in Section 6.1.1. The commencement, conduct or continuance
of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this
Local Law, unless the Department or the Municipality has determined them to be
substantial contributors of pollutants: water line flushing or other potable water sources,
landscape irrigation or lawn watering, existing diverted stream flows, rising ground
water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains, crawl space or basement sump pumps, air
conditioning condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, dechlorinated swimming pool
discharges, residential street wash water, water from fire fighting activities, and any other
water source not containing pollutants. Such exempt discharges shall be made in
accordance with an appropriate plan for reducing pollutants.
(2) Discharges approved in writing by the SMO to protect life or property from
imminent harm or damage, provided that such approval shall not be construed to
constitute compliance with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period and under such
conditions as the SMO may deem appropriate to protect such life and property while
reasonably maintaining the purpose and intent of this Local Law.
(3) Dye testing in compliance with applicable State and local laws is an allowable
discharge,but requires a verbal notification to the SMO prior to the time of the test.
(4) The prohibition shall not apply to any discharge permitted under a SPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the
authority of the Department, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge to the MS4.
B. Prohibition of Illicit Connections.
(1)The construction, use, maintenance or continued existence of illicit connections to the
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MS4 is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this Local Law if the person connects a
line conveying sewage to the municipality's MS4, or allows such a connection to
continue.
§146-7. Prohibition against failing individual sewage treatment systems.
No person shall operate a failing individual sewage treatment system in areas tributary to the
Municipality 's MS4. A failing individual sewage treatment system is one which has one or more
of the following conditions:
A. The backup of sewage into a structure.
B. Discharges of treated or untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment system that could
lead to any of the other failure conditions as noted in this section.
F. Contamination of off-site groundwater.
§146-8. Prohibition against activities contaminating storm water.
A. Activities that are subject to the requirements of this section are those types of activities
that
(1) Cause or contribute to a violation of the municipality's MS4 SPDES pen-nit.
(2) Cause or contribute to the municipality being subject to the Special Conditions as
defined in Section 2 (Definitions) of this Local Law.
B. Such activities include failing individual sewage treatment systems as defined in Section
2, improper management of pet waste or any other activity that causes or contributes to
violations of the Municipality's MS4 SPDES permit authorization.
C. Upon notification to a person that he or she is engaged in activities that cause or
contribute to violations of the municipality's MS4 SPDES permit authorization, that
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person shall take all reasonable actions to correct such activities such that he or she no
longer causes or contributes to violations of the municipality's MS4 SPDES pen-nit
authorization.
§146-9. Requirement to prevent, control and reduce storm water pollutants by the use of
best management practices.
A. Best Management Practices:
Where the SMO has identified illicit discharges as defined in Section 2 or activities
contaminating stonmwater as defined in Section 8 the Municipality may require
implementation of Best Management Practices (BMP5) to control those illicit discharges
and activities.
(1) The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the MS4 through the use of structural and non-
structural BMPs.
(2) Any person responsible for a property or premise which is or may be the source of an
illicit discharge as defined in Section 2, or an activity contaminating stormwater as
defined in Section 8, may be required to implement, at said person's expense,
additional structural and non-structural BMPs to reduce or eliminate the source of
pollutant(s)to the MS4.
(3) Compliance with all terms and conditions of a valid SPDES permit authorizing the
discharge of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section.
B. Individual Sewage Treatment Systems -Response to Special Conditions Requiring
No Increase of Pollutants or Requiring a Reduction of Pollutants
Where individual sewage treatment systems are contributing to the municipality's being
subject to the Special Conditions as defined in Section 2 of this Local Law, the owner or
operator of such individual sewage treatment systems shall be required to:
(1) Maintain and operate individual sewage treatment systems as follows:
(a) Inspect the septic tank annually to determine scum and sludge accumulation.
Septic tanks must be pumped out whenever the bottom of the scum layer is within
three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge
is within ten inches of the bottom of the outlet baffle or sanitary tee.
(b) Avoid the use of septic tank additives.
(c) Avoid the disposal of excessive quantities of detergents, kitchen wastes, laundry
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wastes, and household chemicals; and
(d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash
and other such items
Most tanks should be pumped out every two to three years. However, pumping may be
more or less frequent depending on use. Inspection of the tank for cracks, leaks and
blockages should be done by the septage hauler at the time of pumping of the tank
contents.
(2) Repair or replace individual sewage treatment systems as follows:
(a) In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b) A design professional licensed to practice in New York State shall prepare design
plans for any type of absorption field that involves:
(i)Relocating or extending an absorption area to a location not previously
approved for such.
(ii) Installation of a new subsurface treatment system at the same location.
(iii)Use of alternate system or innovative system design or technology.
(c) A written certificate of compliance shall be submitted by the design professional
to the municipality at the completion of construction of the repair or replacement
system.
§146-10. Suspension of access to MS4; illicit discharges in emergency situations.
A. The SMO may, without prior notice, suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge which presents or may
present imminent and substantial danger to the environment, to the health or welfare of
persons, or to the MS4. The SMO shall notify the person of such suspension within a
reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to
comply with a suspension order issued in an emergency, the SMO may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to
persons.
B. Suspension due to the detection of illicit discharge. Any person discharging to the
municipality's MS4 in violation of this Local Law may have their MS4 access terminated if
such termination would abate or reduce an illicit discharge. The SMO will notify a violator
in writing of the proposed tennination of its MS4 access and the reasons therefor. The
violator may petition the SMO for a reconsideration and hearing. Access may be granted by
the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken
steps to prevent its recurrence. Access may be denied if the SMO detennines in writing that
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the illicit discharge has not ceased or is likely to recur. A person commits an offense if the
person reinstates MS4 access to premises tenninated pursuant to this Section, without the
prior approval of the SMO.
§146-11. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stonnwater discharge permit
shall comply with all provisions of such permit. Proof of compliance with said pen-nit may be
required in a form acceptable to the Municipality prior to the allowing of discharges to the MS4.
§146-12.Access and monitoring of discharges.
A. Applicability. This section applies to all facilities that the SMO must inspect to enforce
any provision of this Local Law, or whenever the authorized enforcement agency has cause
to believe that there exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this Local Law.
B. Access to Facilities.
(1) The SMO shall be permitted to enter and inspect facilities subject to regulation under
this Local Law as often as may be necessary to determine compliance with this Local
Law. if a discharger has security measures in force which require proper identification and
clearance before entry into its premises, the discharger shall make the necessary
arrangements to allow access to the SMO.
(2) Facility operators shall allow the SMO ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records as may be required
to implement this Local Law.
(3) The Municipality shall have the right to set up on any facility subject to this Local
Law such devices as are necessary in the opinion of the SMO to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4) The Municipality has the right to require the facilities subject to this Local Law to
install monitoring equipment as is reasonably necessary to detenmine compliance with this
Local Law. The facility's sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the discharger at its own expense. All
devices used to measure stonnwater flow and quality shall be calibrated to ensure their
accuracy.
(5) Unreasonable delays in allowing the Municipality access to a facility subject to this
Local Law is a violation of this Local Law. A person who is the operator of a facility
subject to this Local Law commits an offense if the person denies the municipality
reasonable access to the facility for the purpose of conducting any activity authorized or
required by this Local Law.
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(6) If the SMO has been refused access to any part of the premises from which
stormwater is discharged, and he/she is able to demonstrate probable cause to believe
that there may be a violation of this Local Law, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed to verify
compliance with this Local Law or any order issued hereunder, then the SMO may seek
issuance of a search warrant from any Court of competent jurisdiction.
§146-13. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of
any known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into the MS4, said person shall take all necessary steps to
ensure the discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall inunediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of non-hazardous materials,
said person shall notify the municipality in person or by telephone or facsimile no later than the
next business day. Notifications in person or by telephone shall be confirmed by written notice
addressed and mailed to the Municipality within three business days of the telephone notice. If
the discharge of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be retained for at
least three years.
§146-14. Enforcement.
A. Notice of Violation.
When the Municipality's SMO finds that a person has violated a prohibition or failed to meet
a requirement of this Local Law, he/she may order compliance by written notice of violation
to the responsible person. Such notice may require without limitation:
(1) The elimination of illicit connections or discharges;
(2) That violating discharges, practices, or operations shall cease and desist;
(3) The abatement or remediation of stormwater pollution or contamination hazards and
the restoration of any affected property;
(4) The performance of monitoring, analyses, and reporting;
(5) Payment of a fine; and
(6) The implementation of source control or treatment BMPs. If abatement of a violation
and/or restoration of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said notice shall
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further advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated govermnental agency or
a contractor and the expense thereof shall be charged to the violator.
B. 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.
§146-15. Appeal of notice of violation.
Any person receiving a Notice of Violation may appeal the determination of the SMO to the
Town Board within 15 days of its issuance, which shall hear the appeal within 30 days after the
filing of the appeal and within five days of making its decision shall file its decision in the office
of the municipal clerk and mail a copy of its decision by certified mail to the discharger.
§146-16. Corrective measures after appeal.
A. If the violation has not been corrected pursuant to the requirements set forth in the Notice
of Violation, or, in the event of an appeal, within five business days of the decision of the
municipal authority upholding the decision of the SMO, then the SMO shall request the
owner's permission for access to the subject private property to take any and all measures
reasonably necessary to abate the violation and/or restore the property.
B. If refused access to the subject private property, the SMO may seek a warrant in a Court
of competent jurisdiction to be authorized to enter upon the property to determine whether a
violation has occurred. Upon determination that a violation has occurred, the SMO may seek
a Court order to take any and all measures reasonably necessary to abate the violation and/or
restore the property. The cost of implementing and maintaining such measures shall be the
sole responsibility of the discharger.
§146-17. Injunctive relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
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requirements of this Local Law. If a person has violated or continues to violate the provisions of
this Local Law, the SMO may petition for a preliminary or pennanent injunction restraining the
person from activities which would create further violations or compelling the person to perform
abatement or remediation of the violation.
§146-18. Alternative remedies.
A. Where a person has violated a provision of this Local Law, he/she may be eligible for
alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal
Attorney and concurrence of the Municipal Code Enforcement Officer, where:
(1) The violation was unintentional,
(2) The violator has no history of pervious violations of this Local Law,
(3) Environmental damage was minimal,
(4) Violator acted quickly to remedy violation, and
(5) The violator cooperated in investigation and resolution.
B. Alternative remedies may consist of one or more of the following:
(1) Attendance at compliance workshops,
(2) Storm drain stenciling or storm drain marking, and/or
(3) River, stream or creek cleanup activities.
§146-19. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or
pennitted to exist in violation of any of the provisions of this Local Law is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
§146-20. Remedies not exclusive.
The remedies listed in this Local Law are not exclusive of any other remedies available under
any applicable federal, State or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
B. Existing Chapter 147 of the Queensbury Town Code is deleted in its entirety and
replaced by the following:
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CHAPTER 147: STORMWATER MANAGEMENT
§147-1. Short title
This chapter shall be known as the"Town of Queensbury Stormwater Management Local Law."
§147-2. Findings
It is hereby determined that:
A. Land development activities and associated increases in impervious cover often alter the
hydrologic response of local watersheds and increase stormwater runoff rates and volumes,
flooding, stream channel erosion, or sediment transport and deposition.
B. This stonnwater runoff contributes to increased quantities of water-borne pollutants,
including siltation of aquatic habitat for fish and other desirable species.
C. The increase in nutrients in stormwater runoff accelerates eutrophication of receiving
waters.
D. Clearing and grading during construction tends to increase soil erosion and add to the loss
of native vegetation necessary for terrestrial and aquatic habitat.
E. Improper design and construction of stormwater management practices can increase the
velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation.
F. Improperly managed stormwater runoff can increase the incidence of flooding and the
level of floods which occur, endangering property and human life.
G. 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.
H. Impervious surfaces allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream baseflow.
I. Substantial economic losses can result from these advere impacts on the waters of the
Town.
J. Stonnwater runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of stonnwater runoff from land development activities.
K.It is in the public interest to regulate stonnwater runoff discharges from land
development activities in order to control and minimize increases in stonnwater runoff rates
and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated
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s
with stormwater runoff, thereby minimizing threats to public health and safety.
L.Regulation of land development activities by means of performance standards governing
stormwater management and site design will produce development compatible with the
natural functions of a particular site or an entire watershed and thereby mitigate the adverse
effects of erosion and sedimentation from development.
§147-3. Statutory Authority
In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the
Town Board has the authority to enact local laws and amend local laws and for the purpose of
promoting the health, safety or general welfare of the Town and for the protection and
enhancement of its physical environment. The Town Board 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. Further statutory authority for this chapter can
be found in Article 9 of the Town Law and Environmental Conservation Law §43-0 1 12.
§147-4. Purpose
The purpose of this local law is to establish minimum stormwater management requirements and
controls to protect and safeguard the general health, safety, and welfare of the public residing
within the Town of Queensbury by preserving and protecting the quality of the ground and
surface waters and to address the findings in Section 147-2 hereof. This local law seeks to meet
those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the NYS Department of
Environmental Conservation State Pollutant Discharge Elimination System (SPDES)
General
Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems
(MS4s), Permit no. GP-02-02 or as amended or revised.
B. Require land development activities to conform to the substantive requirements of the
SPDES General Permit for Construction Activities GP-02-01 or as amended or revised.
C. Minimize increases in stormwater 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.
D. Minimize increases in pollution caused by stormwater runoff from land development
activities which would otherwise degrade local water quality.
F. Minimize the total annual volume of stormwater runoff which flows from any specific site
during and following development to the maximum extent practicable.
F. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution,
wherever possible, through stormwater management practices and ensure that these
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management practices are properly maintained and eliminate threats to public safety.
G. Provide for more stringent requirements within the portion of the Town that is within the
Lake George Park, reflecting the unique environmental sensitivity of Lake George and the
need to protect its water quality.
§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.
§147-6. Applicability.
A. This chapter shall be applicable to all Land Development Activities as defined in Section
147-5.
(i) All Land Development Activities subject to review and approval by the Planning
Board under the Town's Subdivision, Site Plan, and/or Special Permit regulations shall
be reviewed subject to the standards contained in this chapter. No application for
approval of a Land Development Activity shall be reviewed until the appropriate Board
has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance
with the specifications in this Chapter.
(ii) All Land Development Activities not subject to such review shall be required to
submit a Stormwater Pollution Prevention Plan (SWPPP) to the Stormwater Management
Officer who shall approve the SWPPP if it complies with the requirements of this law.
B. All building, construction, land clearing, subdivision or other development of land located
within the Lake George Park .except development which is expressly exempt in accordance
with Section 147-1 1 D of this chapter, shall comply with the supplemental requirements
contained in Section 147-11 of this chapter.
C. All subdivision of land or building or construction activity or other development, including
clearing, grading, excavating, soil disturbance or placement of fill, that will result in land
disturbance of less than one acre shall comply with the requirements of Section 147-9.
D. Permits and approvals required by this Chapter may be incorporated into the subdivision,
site plan, land use or zoning approvals issued under separate provisions of the Town's land
use program.
§147-7.Exemptions.
The following activities shall be exempt from review under this law except to the extent they are
subject to the provisions of Section 147-1 1.
A. Agricultural activity as defined in this local law.
B. Silvicultural activity of less than one (1) acre, except that landing areas and log haul roads
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are subject to this law.
C. Routine maintenance activities that disturb less than five acres and are perfortned to
maintain the original line and grade, hydraulic capacity or original purpose of a facility.
D. Emergency repairs or maintenance to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer
E. Any part of a subdivision if a plat for the subdivision has been approved by the Planning
Board on or before the effective date of this law
F. Land development activities for which a building permit has been approved on or before
the effective date of this law.
G. Cemetery graves.
H. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
1. Emergency activity immediately necessary to protect life,property or natural resources.
J. 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
K. Landscaping and horticultural activities in connection with an existing structure.
§147-8. Stormwater Pollution Prevention Plan Requirement
No application for approval of a Land Development Activity shall be reviewed until the
appropriate Board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in
accordance with the specifications in this Local Law.
A. Stormwater Management Officer-The Town shall designate a Stormwater Management
Officer who shall accept and review all stormwater pollution prevention plans and forward
such plans to the applicable municipal Board. The Stormwater Management Officer may (1)
review the plans, (2) upon approval by the Town Board, 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.
B. Contents of Stormwater Pollution Prevention Plans
(1) All SWPPPs shall provide the following background infonnation and erosion and
sediment controls:
(a) Background infonnation about the scope of the project, including location, type
and size of project.
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(b) Site map/construction drawing(s) for the project, including a general location map.
At a minimum, the site map must show the total site area; all improvements; areas of
disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent
off-site surface water(s); wetlands and drainage patterns that could be affected by the
construction activity or development; existing and final slopes; locations of off-site
material, waste, borrow or equipment storage areas; and location(s) of the storrnwater
discharges(s);
Site map should be at a scale no smaller than 1=40' (e.g. 1=500" is smaller than 1
"=100")
(c) Description of the soil(s)present at the site•,
(d) Construction phasing plan describing the intended sequence of construction
activities, including clearing and grubbing, excavation and grading, utility and
infrastructure installation and any other activity at the site that results in soil
disturbance. 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.
(e) Description of the pollution prevention measures that will be used to control litter,
construction chemicals and construction debris from becoming a pollutant source in
stormwater runoff,
(f) Description of construction and waste materials expected to be stored on-site with
updates as appropriate, and a description of controls to reduce pollutants from these
materials including storage practices to minimize exposure of the materials to
stormwater,and spill prevention and response;
(g) 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;
(h) A site map/construction drawing(s) specifying the location(s), size(s) and
length(s) of each erosion and sediment control practice;
(i) Dimensions, material specifications and installation details for all erosion and
sediment control practices, including the siting and sizing of any temporary sediment
basins;
(j) Temporary practices that will be converted to permanent control measures;
(k) 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;
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(1) Maintenance schedule to ensure continuous and effective operation of the erosion
and sediment control practice;
(m) Name(s) of the receiving water(s);
(n) Delineation of SWPPP implementation responsibilities for each part of the site;
(o) 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
(p) Any existing data that describes the stormwater runoff at the site.
(2) Land development activities as defined in Section 147-5 of this Article and
meeting Condition "A", "B" or "C" below shall also include water quantity and water
quality controls (post-construction stormwater runoff controls) as set forth in paragraph
(3)below as applicable:
Condition A .Stormwater runoff from land development activities discharging a pollutant of
concern to either an impaired water identified on the Department's 303(d) list of impaired
waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants
in stormwater have been identified as a source of the impainnent.
Condition B .Stormwater runoff from land development activities disturbing five (5) or more
acres.
Condition C -Stormwater runoff from Land Development Activity disturbing between one (1)
and five (5) acres of land during the course of the project, exclusive of the construction of
single family residences and construction activities at agricultural properties.
(3) SWPPP Requirements for Condition A, B and C:
(a) All information in Section 147-8(B)(1) of this local law;
(b) Description of each post-construction stormwater management practice;
(c) Site snap/construction drawing(s) showing the specific location(s) and size(s) of each
post-construction stor nwater management practice;
(d) Hydrologic and hydraulic analysis and calculations for all structural components of
the stormwater management system for the applicable design storms;
(e) Comparison of post-development stormwater runoff conditions with predevelopment
conditions with snap of subcatchments for each;
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(f) Dimensions, material specifications and installation details for each post-construction
stonnwater management practice;
(g) Maintenance schedule to ensure continuous and effective operation of each post-
construction stonnwater management practice;
(h) Maintenance easements to ensure access to all stonnwater management 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;
(i) Inspection and maintenance agreement binding on all subsequent landowners served
by the on-site stormwater management measures in accordance with Section 147-10 of
this local law;
0) Grading Plan at scale not to exceed 1 inch equals forty feet (1=40');
(k) Site testing results or data including deep test holes and infiltration tests; and
(1) Draft Notice of Intent (NOI).
C. Plan Certification -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 stonnwater management practices meets the requirements
in this local law.
D. Contractor Certification
(1) Each contractor and subcontractor identified in the SWPPP who will be involved in soil
disturbance and/or stonnwater 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 terns
and conditions of the Stonnwater Pollution Prevention Plan. I also understand that it is
unlawful for any person to cause or contribute to a violation of water quality
standards."
(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.
(3) The certification statement(s) shall become part of the SWPPP for the Land
Development Activity.
E. Other Environmental Permits The applicant shall assure that all other applicable
environmental permits have been or will be acquired for the Land Development Activity prior
to approval of the final stormwater design plan.
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e ,
F. Copy to be Retained. A copy of the SWPPP shall be retained at the site of the Land
Development Activity during development and construction from the date of initiation of
development and/or construction activities to the date of final stabilization.
§147-9. Performance and Design Criteria for Stormwater Management and Erosion and
Sediment Control
All building, construction, soil disturbance, excavating, land clearing, grading, filling,
subdivision of land, and/or other development whether public or private, shall be subject to the
following performance and design criteria:
A. Technical Standards -For the purpose of this local law, the following documents shall
serve as the official requirements and specifications for stormwater management. Stormwater
management practices that are designed and constructed in accordance with these technical
documents shall be.presumed to meet the standards imposed by this law:
(1) The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its successor,
hereafter referred to as the Design Manual).
(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).
B. Water Quality Standards -No building, construction, soil disturbance, excavating, land
clearing, grading, filling, subdivision of land, and/or other development whether public or
private, shall cause an increase in turbidity that will result in substantial visible contrast to
natural conditions in surface waters of the State of New York.
§147-10 Maintenance
A. Maintenance During Construction 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
percent (50%).
The applicant or developer or their representative shall be on site at all times when construction
or grading activity and/or other development 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 stonn event producing 0.5 inches of precipitation or
more. The reports shall be delivered to the Stormwater Management Officer prior to issuance of
a Certificate of Occupancy(CO) and also copied to the site log book.
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B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater
management facility as one of the requirements, the applicant or developer must execute a
maintenance easement agreement that shall be binding on all subsequent landowners served by
the stormwater management facility. The easement shall provide for access to the facility at
reasonable times for periodic inspection by the Town to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions established by this
local law. The easement shall be recorded by the grantor in the office of the County Clerk after
approval by the counsel for the Town.
C. Maintenance after Construction - Permanent Stormwater Management Practices
(SMPs)installed in accordance with this law shall be operated and maintained to achieve the
goals of this law. Proper operation and maintenance also includes as a minimum, the following:
(1)A preventive/corrective maintenance program for all critical facilities and systems of
treatment and control (or related appurtenances) which are installed or used by the owner or
operator to achieve the goals of this law.
(2)Written procedures for operation and maintenance and training new maintenance
personnel.
(3)Discharges from the SMPs shall not exceed design criteria or cause or contribute to water
quality standard violations in accordance with Section 147-9 hereof.
(4)Annual reports shall be provided to the Town describing the previous year's operation and
maintenance activities.
D. Maintenance Agreements --The Town shall approve a formal maintenance agreement for
stormwater management facilities binding on all current and subsequent landowners and
recorded in the office of the County Clerk as a deed restriction on the property prior to final plan
approval. The maintenance agreement shall be consistent with the terms and conditions of
Schedule E of this local law entitled Sample Stormwater Control Facility Maintenance
Agreement. The Town, in lieu of a maintenance agreement, at its sole discretion may accept
dedication of any existing or future stormwater management facility, provided such facility
meets all the requirements of this local law and includes adequate and perpetual access and
sufficient area,by easement or otherwise, for inspection and regular maintenance.
§147-11. Supplementary additional requirements for projects within the Lake George Park
A. Applicability This Section 147-1 1 shall apply to all building, construction, land clearing,
subdivision of land and/or other development, both public and private, located within the Lake
George Park .except development which is expressly exempt in accordance with paragraph D
of this Section, in addition to all foregoing provisions of this Chapter.
B. Prohibitions
(1) No owner of real property shall maintain a condition which, due to a human
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disturbance of land, vegetative cover or soil, results in the erosion of soil into any water
body. The Stonnwater Management Officer 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.
(2) No person shall fail to comply with any provision or requirement of any permit issued
in accordance with this chapter.
(3) No person shall create a condition of flooding, erosion, siltation or ponding resulting
from failure to maintain previously approved stonnwater 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 Stormwater Management Officer shall notify a
property owner of such condition on his/her 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.
C.Permit required
(1) Except for the activities exempted in paragraph D 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 Town, unless otherwise
exempted herein.
(2) No person shall create a subdivision of land subject to approval by the Town until first
receiving a stormwater management permit from the municipality for all buildings,
structures and 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
pen-nits and approvals were issued prior to the effective date of this chapter.
(3) Except for the activities exempted in paragraph D of this Section 147-11, 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 stormwater management
permit under this chapter.
(4) No person shall build, alter or modify a stonnwater control measure without first
receiving a stormwater management pen-nit from the Town. Such building, alteration
and/or modification does not include the ordinary maintenance, cleaning and/or repair of
stonnwater control measures.
D. Exemptions
The following activities are exempt from the requirements of this Section:
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(1) Emergency repairs or maintenance to any stor nwater 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) Silvicultural activity of less than fifteen thousand (15,000) square feet, except that landing
areas and log haul roads are subject to this law.
(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 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) Activities for which a building pen-nit was issued prior to the effective date of this
chapter.
E. Project classification for stormwater management.
(1) Minor projects. The following development activities shall be considered to be minor
projects:
(a) Any building, land clearing or development activity affecting less than 15,000 square
feet of land.
(b) 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.
(c) Any building, alteration or modification of a stormwater control measure, excluding
maintenance, cleaning or repair of such stormwater control measure.
(2) Major projects. Any project not expressly exempted from regulation or defined as a
minor project shall be a major project. In addition, the following may be considered to be
major projects:
(a) Any part of a minor project 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
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[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 warranted
in the judgment of the Stormwater Management Officer due to specific site limitations
or constraints, anticipated environmental impacts or the need or advisability of
additional public notice and comment. When detennining 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;
[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 detennination.
F. Permit application review procedures.
(1) Minor projects. The Stormwater Management Officer shall have primary responsibility
for the review, approval and issuance of stormwater management permits for minor projects.
The Stormwater Management Officer may request technical assistance from the Commission
and/or the Town Engineer.
(a) Prior to permit decisions, a test pit may need to be witnessed.
(b) The Stormwater Management Officer shall determine whether notice to adjacent
owners is warranted by public interest or other considerations.
(c) Prior to the issuance of a permit for any project, the Stormwater Management Officer
shall determine that the project as proposed is in accordance with the design standards of
this chapter.
(2) Major projects. Major projects shall require Site Plan Review in accordance with the
Town's Zoning Law.
(a) The applicant shall provide a Stonnwater Pollution Prevention Plan as described in
Section 147-8(B) together with the required application fee.
(b) Approval of the SWPPP may require a public hearing if the Town's Zoning Law or
Subdivision Law require such a hearing.
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G. Criteria for issuance of stormwater management permits.
(1) An application for a stormwater management permit may be approved, denied or
approved with modifications or conditions, including modifications to non-stonnwater aspects
of the development necessary to achieve the required level of stormwater management.
(2) No stonnwater management permit shall be issued unless the Stormwater Management
Officer(for a Minor Project) or the Planning Board (for a Major Project) 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:
(a) That the project meets the design requirements and performance standards set forth in
this chapter.
(b) That the project will not have an undue adverse impact on the health, safety or 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 development.
(c) That the stonnwater 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.
(d) That adequate and sufficient measures have been taken to ensure accountability and
responsibility over the life of the project should the stonnwater control measures not
function as intended, fail or suffer from inadequate maintenance to ensure their proper
functioning. The Town of Queensbury may require forination 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.
(e) 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 stonnwater runoff.
H. Variances.
(1) If, during the review of an application, it is determined that the application of any design
or dimensional requirement contained in this Section 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 to the Zoning Board of Appeals. Upon denial of any pen-nit
application for a project for failure to conform with specific provisions of this chapter, the
applicant may make an application for a variance to the Zoning Board of Appeals.
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(2) If the applicant detennines 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.
(3) 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.
(4) 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.
(5) 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.
I. Design requirements and performance standards.
(1) General requirements for major and minor projects. The following requirements shall
apply to major and minor projects:
(a) Stormwater control measures shall include such measures as are deemed necessary to
prevent any increase in pollution caused by stonnwater 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.
(b) Emergency overflow provisions shall be made as necessary to prevent erosion,
flooding and damage to structures, roads and stormwater control measures.
(c) Stornwater control measures shall be designed to minimize adverse impacts to water
bodies, minimize disturbance of water bodies, minimize land clearing, minimize the
creation of impervious surfaces and to maximize preservation of natural vegetation and
existing contours.
(d) 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.
(2) Minor projects. The following additional requirements shall apply to minor projects:
(a) Stornwater shall be managed on-site using stonnwater control measures designed to
afford optimum protection of ground and surface waters. Stornwater control measures
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shall be selected by giving preference to the best management practices for pollutant
removal and flow attenuation as specified in Schedule C. Editor's Note: Schedule C is
located at the end of this chapter. Stormwater may be calculated in accordance with the
methodology for determining stor nwater volume and flow rates for major projects found
in Schedule B, Part I, Editor's Note: Schedule B is located at the end of this chapter. 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.
(b) 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.
(c) 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.
(d) 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 pennitted.
(e) The bottom of any infiltration device shall be a minimum of two feet above
seasonal high groundwater mark and two feet above bedrock.
(f) Temporary erosion controls shall be required to prevent siltation of water bodies
during construction and/or other development.
(g) Stormwater control measures proposed to be installed at locations with slope
greater 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.
(3) Major projects. The following additional requirements shall apply to major projects:
(a) As provided in Section 147-9, stormwater management practices for major projects shall
be designed and constructed in accordance with the following technical documents:
[1] The New York State Stormwater Management Design Manual (New York State
Department of Environmental Conservation, most current version or its successor,
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hereafter referred to as the Design Manual)
[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).
(b) Storinwater volumes and rates of flow shall be calculated using the methods specified in
Schedule B, Part I. Editors Note: Schedule B is located at the end of this chapter.
(c) Supplemental design requirements for stornwater control measures.
[1] 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.
[2] 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." Editor's Note: Schedule D is located at the end of this chapter.
Additionally, for development greater than five acres, coverage is required under a state
pollutant discharge elimination system (SPDES) general stormwater pen-nit administered
by the Department of Environmental Conservation.
[3] 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
subparagraph [5] below, 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.
[4] 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
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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 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.
[5] 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.
[6] 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 II, Soil Evaluation Methods.
(d) Additional requirements for major projects.
[1] Order of preference for control measures:
[a] Stormwater control measures shall be used in the following order of preference:
[i] Infiltration devices.
[ii] Artificial wetlands and acceptable natural treatment systems. [iii] Flow attenuation
by use of open vegetated swales and depressions. [iv] Stormwater detention.
[b] 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. Editor's Note: Schedule C s located at the end of this chapter.
[2] 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
[3] 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
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sufficient to remove pollutants from the runoff.
[4] 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 treated
stormwater will not degrade the water quality of any water body.
[5] 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.
[6] 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.
I Erosion control measures.
(1) Temporary erosion control shall be provided for all disturbed areas in accordance with the
"New York State Standards and Specifications for Erosion and Sediment Control". The
temporary erosion control measures shall be maintained continuously until permanent control
measures are in service.
(2) 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
revegetated. An "active construction area" is defined as one on which substantial construction
activity has occurred within the past seven calendar days. Temporary or permanent erosion
control measures shall be implemented within 10 days following the last substantial
construction activity.
(3) Compliance with the following restrictions shall be required:
(a) 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.
(b) For land with slopes greater than 15 percent or 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.
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s .
(c) 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:
[I] 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.
[2] 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.
[3] Any other recognized method which has been reviewed and approved by the
municipality as satisfying the intent of this requirement.
(d)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.
(e)Ground-clearing or grading activities which occur during the period October 1 5 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.
§147-12. Inspections
A. Erosion and Sediment Control Inspections - The Town Stormwater 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 as to any part
of the work which fails to comply with the requirements of this law and the storrnwater
pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall
notify the Town enforcement official at least 48 hours before any of the following as required
by the Stormwater Management Officer:
1. Start of development
2. Installation of sediment and erosion control measures
3. Completion of site clearing
4. Completion of rough grading
5. Completion of final grading
6. Close of the construction season
7. Completion of final landscaping
8. Successful establishment of landscaping in public areas.
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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 to comply with this law until any violations are corrected and all
work previously completed has received approval by the Stormwater Management Officer.
B. Stormwater Management Practice Inspections - The Town Stonnwater Management
Officer, is responsible for conducting inspections of stormwater management practices
(SMPs). All applicants are required to submit "as built"plans for any stormwater management
practices located on-site after final construction is completed. The plan must show the final
design specifications for all Stormwater management facilities and must be certified by a
professional engineer.
C. Inspection of Stormwater Facilities After Project Completion - Inspection programs
shall be established on any reasonable basis, including but not limited to: routine inspections;
random inspections; inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical sources of sediment or
other contaminants or pollutants; inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or pollutants or with discharges of a type
which are more likely than the typical discharge to cause violations of state or federal water or
sediment quality standards or the SPDES stormwater permit; and joint inspections with other
agencies inspecting under environmental or safety laws. Inspections may include, but are not
limited to: reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities; and evaluating the condition
of drainage control facilities and other stormwater management practices.
D. Submission of Reports -The Stormwater Management Officer may require monitoring
and reporting from entities subject to this law as are necessary to determine compliance with
this law.
E. Right-of-Entry for Inspection - When any new stormwater management facility is
installed on private property or when any new connection is made between private property
and the public stone water system, the landowner shall grant to the Town and the Town
Engineer the right to enter the property at reasonable times and in a reasonable manner for the
purpose of inspection as specified in paragraph C above.
§147-1 3. Performance Guarantee
A. Construction Completion Guarantee -In order to ensure the full and faithful completion
of all land development activities related to compliance with all conditions set forth by the
Town in its approval of the Stonnwater Pollution Prevention Plan, the Town may require the
applicant or developer to provide, prior to any construction or other development, a
perfonnance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or
surety institution which guarantees satisfactory completion of the project and naives the Town
as the beneficiary. The security shall be in an amount to be detennined by the Town based on
submission of final design plans, with reference to actual construction and landscaping costs.
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The perfonnance guarantee shall remain in force until the surety is released from liability by
the Town, provided that such period shall not be less than one year from the date of final
acceptance or such other certification that the facility(ies) have been constructed in
accordance with the approved plans and specifications and that a one year inspection has been
conducted and the facilities have been found to be acceptable to the Town. Per annum interest
on cash escrow deposits shall be reinvested in the account until the surety is released from
liability.
B. Maintenance Guarantee _ Where stormwater management and erosion and sediment
control facilities are to be operated and maintained by the developer or by a corporation that
owns or manages a commercial or industrial facility, the developer, prior to construction or
other development, may be required to provide the Town with an irrevocable letter of credit
from an approved financial institution or surety to ensure proper operation and maintenance of
all stormwater management and erosion control facilities both during and after construction or
other development, and until the facilities are removed from operation. If the developer or
landowner fails to properly operate and maintain stormwater management and erosion and
sediment control facilities, the Town may draw upon the account to cover the costs of proper
operation and maintenance, including engineering and inspection costs.
C. Record keeping -The Town may require entities subject to this law to maintain records
demonstrating compliance with this law.
§147-14. Enforcement and Penalties
A. 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 manner provided by
law.
B. Notice of Violation.
(1) When the Stormwater Management Officer 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:
(a)the naive and address of the landowner, developer or applicant;
(b)the 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 Land Development
Activity into compliance with this local law and a time schedule for the completion of
such remedial action;
(34)
(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 municipality
by filing a written notice of appeal within fifteen (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.
C. Stop Work Orders -The Town may issue a Stop Work Order for violations of this law.
Persons receiving a Stop Work Order shall be required to halt all land development activities,
except those activities that address the violations leading to the Stop Work Order. The Stop
Work Order shall be in effect until the Town 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.
D. Penalties _In addition to or as an alternative to any other 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.
E. Withholding of Certificate of Occupancy - If any building or Land Development
Activity is installed or conducted in violation of this local law the Stonnwater Management
Officer may prevent the occupancy of said building or land by withholding issuance of a
Certificate of Occupancy.
F. Restoration of lands Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a reasonable time after notice,
the Town may take necessary corrective action, the cost of which shall become a lien upon the
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property until paid.
§147-15. Fees for Services
The Town 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 SMP
maintenance performed by the Town or performed by a third party for the Town.
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SCHEDULE A
DEFINITIONS
Whenever used in this Chapter, or in documents prepared and reviewed under this Chapter, the
following terms shall have the meanings set forth below unless: (1) a different meaning is stated
in a definition applicable to only a portion of this Chapter and/or (2) the definition of the same
term under Chapter 179 of the Town Code when applied under this Chapter would be more
restrictive, in which case the definition from Chapter 179 shall apply:
AGRICULTURAL ACTIVITIES The activities of an active farm, including grazing and
watering livestock, irrigating crops, harvesting crops, using land for growing agricultural
products and cutting timber for sale,but shall not include the operation of a dude ranch or similar
operation or the construction of new structures associated with agricultural activities.
APPLICANT -A property owner or agent of a property owner who has filed an application for a
land development activity.
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 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.
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.
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.
COMMISSION The Lake George Park Commission.
DEDICATION The deliberate appropriation of property by its owner for general public use.
DEPARTMENT The Department of Environmental Conservation of the State of New York.
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DESIGN MANUAL -The New York State St07-7nwate7-Management Design Manual, most recent
version including applicable updates, that serves as the official guide for stormwater
management principles, methods and practices.
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.
DEVELOPER A person who undertakes land development activities.
DEVELOPMENT - Any building, construction, expansion, alteration, modification, demolition
or other activity, including land clearing, land disturbance, grading, excavating, filling, soil
disturbance, 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, and/or other development
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
movement of soil or rock fragments by water, wind, ice or gravity.
EROSION CONTROL MANUAL The most recent version of the "New York Standards and
Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue
Book".
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.
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t
FLOW ATTENUATION Prolonging the flow time of runoff to reduce the peak discharge.
GRADING Excavation or fill of material, including the resulting conditions thereof.
HYDROGRAPH - A graph showing variation in stage (depth) or discharge of a stream of water
over a period of time.
IMPERVIOUS AREA or COVER - Those surfaces, improvements and structures that cannot
effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks,
driveways, etc).
INDUSTRIAL STORMWATER PERMIT - A State Pollutant Discharge Elimination System
permit issued to a commercial industry or group of industries which regulates the pollutant levels
associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION - The downward movement of water from the surface to the subsoil; the
process of percolating stonnwater into 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.
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 vegetatjon
typically adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
LAND DEVELOPMENT ACTIVITY -Subdivision of land or building or construction activity,
including clearing, grading, excavating, soil disturbance or placement of fill, that will result 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.
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-placed vegetation, replacement of natural vegetation
with lawn or other human-placed vegetation, demolition or other removal of human-made
features, or any activity which bares soil or rock. For the purposes of calculating the square
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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.
MAINTENANCE AGREEMENT A legally recorded document that acts as a property deed
restriction, and which provides for long-tenn maintenance of stormwater management practices.
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, sometimes also referred to as the "Town".
NON-POINT SOURCE -Any source from which pollutants are or may be discharged which is
not a point source.
NON-POINT SOURCE POLLUTION - Pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban
runoff sources.
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. .
PHASING - Clearing a parcel of land in distinct pieces or parts, with the stabilization of each
piece completed before the clearing of the next.
POLLUTANT OF CONCERN . sediment or a water quality measurement that addresses
sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has
been identified as a cause of impairment of any water body that will receive a discharge from
the land development activity.
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.
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PREDEVELOPMENT Those site conditions which legally existed prior to theirs,
commencement of any activity regulated by this chapter.
PROJECT Any land use or development activity proposed by an applicant which is subject to
this Chapter.
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.
RECHARGE-The replenishment of underground water reserves.
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.
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.
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 §9-1 503 and the Department's regulations thereunder or by any individual species or any
group or natural community of non-listed plants and animals of significant economic,
recreational, aesthetic, ecological or scientific importance.
(41)
r r
SILTATION TRAP A structure designed to trap sand and silt-sized particulate matter from
stormwater.
SILVICULTURAL ACTIVITY The management of any forested tract of land to ensure its
continued survival and welfare whether for commercial or noncommercial purposes.
SITE -See"development area."
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 A permit under
the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of
construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 - A pen-nit under the New York
State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate
discharges from municipal separate storm sewers for compliance with EPA established water
quality standards and/or to specify stormwater control standards.
STOP WORK ORDER - An order issued which requires that all construction activity and/or
other development on a site be stopped.
STORM WATER-Rain water, surface runoff, snowmelt and drainage.
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.
STORM WATER 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 HOTSPOT A land use or activity that generates higher concentrations of
hydrocarbons, trace metals or toxicants than are found in typical stonnwater runoff, based on
monitoring studies. [MS4]
STORM WATER MANAGEMENT The use of structural or non-structural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural
resources and the environment.
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
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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 FACILITY . One or a series of stormwater management
practices installed, stabilized and operating for the purpose of controlling stormwater 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 OFFICER (SMO) Town employees(s) or other public
official(s) designated by the Town Board to administer and enforce the provisions of this
Chapter. The SMO(s) may also be designated by the Town Board to administer and enforce
Chapter 146 of the Town Code, or the Town Board may designate one or more other SMOs for
that purpose. Under this Chapter, the designated SMO is authorized, among other
responsibilities, to accept and review stormwater pollution prevention plans, forward the plans to
the applicable municipal board and inspect stormwater management practices.
STORM WATER MANAGEMENT PLAN or PLAN A local stonnwater management plan
adopted by a municipality pursuant to this subpart and Environmental Conservation Law §43-
0112.
STORMWATER MANAGEMENT PRACTICES (SMP5) - 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 non-point source pollution inputs to
stormwater runoff and water bodies.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) A plan for controlling
stormwater runoff and pollutants from a site during and after construction activities and/or other
development.
STORM WATER RUNOFF -Flow on the surface of the ground, resulting from precipitation.
STORMWATER RECHARGE AREA - An area of land used for the purpose of infiltrating
stonmwater.
STORMWATER REGULATORY PROGRAM or PROGRAM A local stormwater regulatory
control program adopted by a municipality pursuant to 6 NYCRR 646-4 and Environmental
Conservation Law § 43-0 1 12.
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 Includes any permanent or intennittent watercourse.
STREAM CORRIDOR That area within 100 feet of the high water mark of any stream or river
(43)
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, nll or stream flow.
SURFACE WATERS OF THE STATE OF NEW YORK - Lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the state of New York and all other bodies of
surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural surface or underground
waters), which are wholly or partially within or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment ponds or lagoons which also
meet the criteria of this definition are not waters of the state. This exclusion applies only to
marinade 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.
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.
WATERCOURSE -A pennanent or intermittent stream or other body of water, either natural or
man-made, which gathers or carries surface water.
WATERSHED _The total drainage area contributing runoff to a single point.
WATERWAY . A channel that directs surface runoff to a watercourse or to the public storm
drain.
(`4)
e e
SCHEDULE B
ENGINEERING SPECIFICATIONS FOR DESIGN PROFESSIONALS
Part I
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 II
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 clean picture of geologic and hydrologic conditions existing
at the site and the areas, both on and off the site, affecting, onto 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 on locations best suited for stormwater management
purposes.
(45)
r
SCHEDULE C
COMPARATIVE POLLUTANT REMOVAL OF URBAN BMP DESIGNS
[CHART FROM CURRENT CHAPTER 1471
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 exfiltnates all runoff, up to the two-year design storm.
Design 10: 400 cubic feet wet storage per impervious acne.
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.
Design 14: Low gradient swales with check dams.
(46)
SCHEDULE D
RAINFALL INTENSITY CURVES FOR LAKE GEORGE,NEW YORK
[GRAPH FROM CURRENT CHAPTER 147]
(4'1)
{ Y
SCHEDULE E
SAMPLE STORMWATER CONTROL FACILITY
MAINTENANCE AGREEMENT
Whereas, the Town of Queensbury (`Municipality') and (the "facility owner") want
to enter into an agreement to provide for the long term maintenance and continuation of
stormwater control measures approved by the Municipality for the below named project, and
Whereas, the Municipality and the facility owner desire that the stormwater control
measures be built in accordance with the approved project plans and thereafter be maintained,
cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance
of the components. Therefore, the Municipality and the facility owner agree as follows:
I. 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 stonnwaten control
measures.
5. The facility owner shall not authorize, undertake or pen-nit 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.
(48)
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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 stonnwater control
measures in the form of a(Bond, letter of credit or escrow account).
S. This agreement shall be recorded in the Office of the County Clerk, County of
Warren, together with the deed for the common property and shall be included in the offering
plan and/or prospectus approved pursuant to
9. if ever the Municipality detennines 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 beginning on:
C. Section 178-6 of the Queensbury Town Code, entitled "Two-lot residential
subdivision review" is hereby amended by adding the following new subparagraph A.(8):
(8)The proposed subdivision is in compliance with the requirements of Town Code
Chapter 147 Stormwater Management.
D. Article 6 of Chapter 179 of the Queensbury Town Code, entitled "Environmental
and Performance Standards" is hereby amended as follows:
(i)Paragraph B of Section 179-6-070 entitled "Soil and erosion control" is hereby
amended to read as follows:
B. Guidelines. Unless the standards in Subsection C below are more restrictive,
the applicant shall conform to the requirements of Town Code Chapter 147
Stormwater Management.
(ii) Paragraph A. of Section 179-6-080 entitled "Stormwater runoff' is hereby
amended to read as follows:
A. A Stormwater Pollution Prevention Plan consistent with the requirements of
Town Code Chapter 147 - Stormwater Management shall be required as part of
the site plan approval process.
E. Article 9 of Chapter 179 of the Queensbury Town Code, entitled "Site Plan
Review" is hereby amended as follows:
(i) Section 179-9-050 entitled "Application for site plan review" is hereby amended
by adding the following new paragraph D.:
(49)
� M
D. Stormwater Pollution Prevention Plan consistent with the requirements of
Town Code Chapter 147 Stormwater Management.
F. Article 16 of Chapter 179 of the Queensbury Town Code, entitled "Administration"
is hereby amended as follows:
(i) Section 179-16-090 entitled "Zoning pen-nits" is hereby amended by adding the
following new paragraph C.:
C. No zoning permit shall be issued unless and until the applicant has complied
with the requirements of Town Code Chapter 147 Stormwater Management.
G. Appendix A-183 of the Queensbury Town Code, entitled "Subdivision of Land" is
hereby amended as follows:
(i) Article I entitled General Provisions is amended by adding the following new
Section Al 83-4:
§A 183-4. Conformance with Stormwater Management Requirements.
Subdivisions shall also comply with the provisions of Town Code Chapter 147 .
Stonnwater Management.
(ii)Section Al 83-9 entitled "Plat details and requirements" is hereby amended as
follows:
(a) Paragraph F is amended to read as follows:
F. Grading plan. A grading plan shall be prepared at a scale of one inch
equals 50 feet zero inches. Such plan shall show the following:
(1) A generalized grading and drainage plan (does not require spot
grades or slope designation).
(2) Any phasing of tree removal and/or construction.
(b) Paragraph G is deleted in its entirety.
(c) The following new Paragraph J is added.
J. Stormwater Pollution Prevention Plan consistent with the requirements
of Town Code Chapter 147 .Stormwater Management.
(iii) Section Al 83-12 entitled "Plat details and requirements" is hereby amended
as follows:
(50)
(a) Paragraphs C.(1) and (4) are deleted in their entirety.
(b) The following new Paragraph C.(4) is added.
(4) A Stonnwater Pollution Prevention Plan consistent with the requirements of Town
Code Chapter 147- Stonnwater Management and with the terms of preliminary plat
approval.
(iv) Section Al 83-26 entitled "Erosion control" is hereby amended to read as
follows:
Erosion, sedimentation and stormwater runoff shall be controlled prior to, during and after
site preparation and construction in conformity with Town Code Chapter 147 -Stonmwater
Management.
(v) Section Al 83-27 entitled "Storm drainage" is hereby amended to read as
follows:
A. General. Storm drainage shall be controlled prior to, during and after site preparation
and construction in conformity with Town Code Chapter 147 _.Stonnwater Management.
B. Supplementary requirements.
(1) General.
(a) A storm drainage plan must be approved by the Highway Superintendent and
the Planning Board. Such plan shall encompass all drainage elements for the
drainage of the subdivision, areas feeding the subdivision and areas downstream
from the subdivision. Said plan should be submitted with evidence of the use of
acceptable engineering standards.
(b) Drainage plans and facilities in any new development shall be designed with
the goal of minimizing runoff and the potential for any structural damage due to
flooding.
(c) Drainage patterns and points of stonnwater discharge from the subdivision
should be the same as before construction. Water retention or detention basins
should be used when required to maintain preconstruction stonmwaten discharge
rates.(2) Design of stone sewer systems.
(a) Manholes shall be provided at intervals not exceeding 300 feet. The manhole
details shall be in accordance with the Standard Detail sheets.
(2) Design of open channels and culverts.
(51)
(a) Driveway culverts shall be approved by the Highway Superintendent
and be a minimum of 12 inches in diameter and shall have a minimum
cover of 12 inches from edge of the driveway pavement to the top of the
pipe. All driveway culverts shall be provided with end sections.
(b) The design of new development adjacent to existing or new drainage
channels shall be done in a manner such that full, usable side and back
yard areas are maintained. In instances where easements are required on
a drainage channel, the side and rear setback areas specified by zoning
shall not include any area within an easement for an open channel. This
restriction does not apply to closed storm sewer systems.
(c) On new or existing drainage channels where easements to the Town
are required, a minimum ten-foot wide level area at the top of one side of
the channel bank will be required for the purposes of future maintenance.
(d) Drainage easements of a minimum 20 feet in width shall be provided
to the Town for all storm sewers and channels located outside the street
right-of-way.
(3) Development adjacent to Hudson River, Halfway Brook, Factory Brook, Old
Maid's Brook, Rush Pond, Mud Pond, Dream Lake. Glen Lake or Dunham's
Bay Wetlands. Particular care shall be taken regarding any development
adjacent to the floodplains for the Hudson River, Halfway Brook, Factory
Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or
Dunham's Bay Wetland. All structural openings to new buildings shall be a
minimum of two feet above the most recent estimate of the one-hundred-year
frequency flood, as specified on the Hudson Flood Prone Areas Map. The
Town reserves the right to require more stringent requirements, depending on
the nature and location of the proposed development. For all development
adjacent to the floodplains for the Hudson River, Halfway Brook, Factory
Brook, Old Maid's Brook, Rush Pond, Mud Pond, Dream Lake, Glen Lake or
Dunham's Bay Wetland, the intermediate regional flood level (one-hundred-
year frequency storm) shall be clearly shown on each site plan sheet within
the floodplain.
ARTICLE 3. Severabilit_y. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. Repealer. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local law are hereby repealed.
ARTICLE 5. Effective Date. This Local Law shall take effect upon filing in the office of the
New York State Secretary of State or as otherwise provided by law.
(52)
w �
(Complete the certification In the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
L. (Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto,designated as local law No. _ 2 ________________ of 20_2_-
A the own of-_�luaens ----- -------- ------ -----
� (T )� �� ------------- -- --- --- was duly passed by the
------TOW=-Bokard---------------------- on b ,2gr_ 20-W,in accordance with the applicable provisions of law.
Name of Legislative Body)
1. (Passage by local legislative body with approval,no disapproval or repassage aver disapproval
by the Elective Chief Executive Officer*.)
• i
[hereby certify that the local law annexed hereto,designated as local law No. of 20------
A the(CountyXCity)(Town)(Village)of----------------------------------------------------------------
was dulypas
sed by the
•---------------------------------------------- on ----------- 20-,-,and was(approvedXnot approved)(repassed after
Name afLegisWme Body)
3isapproval)by the-------------------------------------------------- and was deemed duly adopted on --------
----------- 20----,
(Elective Chief Execudve O/J4eer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
[hereby certify that the local law annexed hereto,designated as local law No- ___________________________________.of 20--__--
of the(County)(City)(Town)(Village)of---------------------------------------------------------------- was duly passed by the
---------- --------------------------------------- on------------------ 20----,and was(approved)(not approved re assed after
(Name of Le&ladve Body)
disapproval)by the------------------------------------------------- on-------------------
20----. Such local law was submitted
(Ekctive Chief Executive officer-)
to the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(specialXannual).election held on------------------ 24___ ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20--_--_
of the(County)(City)(Town)(vllage)of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on----------- 20----,and was(approved)(not approvedXrepassed after
fName of Legislative Body)
disapproval)by the_______________________ _______________________ qn------------------
20--- . Such local law was subject to
(Ekc6ve Chief Executive Office-*)
6
permissive referendum and no valid petition requesting such referendum-was filed as of------------------ 20.___ ,in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
the cnnervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
s'I
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No- -----=----------------------------- of 20------
of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions of
section (36x37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the(special)(general)election held on-------------------20---,
became operative.
s. (County local law concerning adoption of Charter.)
[hereby certify that the local law annexed hereto,designated as local law No.---------------------------------- of 20------
)f the County of---------------------------------------------------- State of New York,having been submitted to the electors
:t the General Election of November---------------------- 20--.-,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
es of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
,oting at said general election,became operative. `' 1
f any other authorized form of final adoption has been followed,please provide an appropriate certification.)
further certify that I have compared the preceding local law with the original on file in this office and that the same
a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
icated in paragraph----- -----,above.
Ckrkof 16e Comty legislative body,City,Town or Village Ck*
or otFim designated by local legislative body
!Seal) Date- L -2 )r- o> -
ertification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
ler authorized attorney of locality.)
TE OF NEW YORK
MY OF
he undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
,e been had or taken for the enactment of the local law annexed hereto.
Im
sipatm Fcftt H.
7bwn f m in-sPl - -
Ttk
ZW of Queenshwy
Town
WNW
Date. —
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PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
GENERAL 72 Hinchey Road
Rochester, NY 14624
p:800/836-8834 fax:585/328-8189
email:sales@generalcode.com
03/04/2009 9251UT `
Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages(where applicable):
LL No. 2-2009
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
1 i!7IF 3! l3 7}3t pg(( 1F t!I i # fJI ! it 133 + }i ,
i FF FF f 3 f Ff3f iN i4 F fl}F 3/i.3i#.3.