City of Mount Vernon / County of Westchester

In March 2003, the City of Mount Vernon prepared an initial storm water management program for City owned and operated facilities. The aim of this program is to control storm water runoff discharges from the City facilities to the waters of the United States in accordance with the requirements of federal Phase II water regulations under the Clean Water Act. In addition, this program is in support of the City’s March 2003 filing of a Notice of Intent (NOI) to be covered by a Phase II SPEDES General Permit available through the New York State Department of Environment Conservation (NYSDEC) for such discharges.

Pollutants found in storm water discharges include suspended solids, sediments, bacteria, nutrients, pesticides, herbicides, toxics, floatables, oil, grease, heavy metals, synthetic organics, petroleum hydrocarbons and oxygen demanding substance. The adverse impact of these pollutants in storm water discharges include closed beaches, closed shellfish area, toxic contamination causing fish consumption bans, beach and shoreline litter, and floatables, siltation of marina and shipping channels, habit/wetland degradation, and stream bank erosion. The sources of pollutants in storm water runoff include urban streets, lawn, driveways, parking lots, gas stations, bus depots, golf courses, construction sites, marinas, trash, and commercial and industrial areas.

In November 1999 the EPA finalized regulations that require small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas to reduce discharges from storm sewers to the maximum extent practicable by developing and implementing programs to manage stormwater runoff. Many of Westchester County’s programs already meet these permit requirements, and others are being created to provide even more protection of our water resources.

The City of Mount Vernon has adopted a chapter to their municipal ordinance to establish regulations and requirements for the management of stormwater runoff associated with development activities and existing developed areas. The ordinance also explains requirements for post-construction operation and maintenance of stormwater facilities and controls onsite, and it is the responsibility of the land owner or property manager to ensure compliance with the ordinance.

City of Mount Vernon, NY Municipal Code

CHAPTER 226. STORMWATER MANAGEMENT

[HISTORY: Adopted by the Council of the City of Mount Vernon 7-8-2009, approved 7-10-2009. Amendments noted where applicable.]

Article I. General Provisions

§ 226-1. Findings of fact.

It has been determined by the New York State Department of Environmental Conservation (NYSDEC) that:

1. Land development activities and associated increases in site 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;
2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing streambank erosion and sedimentation;
5. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
6. Substantial economic losses can result from these adverse impacts on the waters of the state;
7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
9. 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.

§ 226-2. Purpose.

The purpose of this chapter 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 City and to address the state’s findings of fact in § 226-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:

1. Meet the requirements of minimum measures four and five of New York State’s SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS45), Permit No. GP-02-02, or as amended or revised;
2. Require land development and redevelopment activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities,GP-02-01, or as amended or revised;
3. Minimize increases in stormwater runoff from land development and redevelopment activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels, watercourses or waterways;
4. Minimize increases in pollution caused by stormwater runoff from land development and redevelopment activities which would otherwise degrade local water quality;
5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development and redevelopment to the maximum extent practicable; and
6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices, devices and/or structures, and to ensure that these management practices, devices and/or structures are properly maintained and eliminate threats to public safety.

§ 226-3. Statutory authority.

In accordance with§ 10 of the Municipal Home Rule Law of the State of New York, the City Council of the City of Mount Vernon 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 City of Mount Vernon and for the protection and enhancement of its physical environment. The City Council of the City of Mount Vernon 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.

§ 226-4. Applicability.

A. This chapter shall be applicable to all land development and redevelopment activities as defined in §226-6 of this article.

Article II. Stormwater Pollution Prevention Plans

§ 226-7. Requirement.

No application for approval of a land development or redevelopment activity shall be reviewed until the Planning Board or SMO has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.

§ 226-8. Contents.

1. All SWPPPs shall provide the following background information and erosion and sediment controls:
   1. Background information about the scope of the project, including location, type and size of project;
2. Land development or redevelopment activities as defined in§ 226-6 of this chapter 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 § 226-BC below as applicable:
   1. Condition A: stormwater runoff from land development or redevelopment 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 impairment.
   2. Condition B: stormwater runoff from land development or redevelopment activities disturbing five or more acres.
   3. Condition C: stormwater runoff from land development or redevelopment activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of singlefamily residences and construction activities at agricultural properties.
3. SWPPP requirements for Condition A, Band C:
   1. All information in § 226-BA of this chapter;
   2. Description of each post-construction stormwater management practice;
   3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
   4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
   5. Comparison of post-development stormwater runoff conditions with predevelopment conditions;
   6. Dimensions, material specifications and installation details for each post-construction stormwater management practice;
   7. Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
   8. Maintenance easements to ensure access to all stormwater 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;
   9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article IV of this chapter; and
   10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.

Article III. Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control

§ 226-11. Standards.

All land development or redevelopment activities shall be subject to the following performance and design criteria.

1. Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides 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 chapter:
   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’).
2. Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 226-nA of this chapter and the SWPPP shall be prepared by a licensed professional.
3. Water quality standards. Any land development or redevelopment activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Article IV. Maintenance, Inspection and Repair of Stormwater Facilities

§ 226-12. Maintenance and inspection during construction.

1. The applicant or developer of the land development or redevelopment activity or their representative 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 chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
2. For land development or redevelopment activities as defined in § 226-6 of this chapter and meeting Condition A, B or C in§ 226-BB of this chapter, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
3. The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.

§ 226-13. 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 City to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the granter in the office of the City Clerk after approval by the Corporation Counsel.

§ 226-14. Maintenance after construction.

The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall ensure they are operated and maintained to achieve the goals of this chapter. 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 chapter.
2. Written procedures for operation and maintenance and training new maintenance personnel.
3. Discharges from the SWMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with§ 226-11C of this chapter.

§ 226-15. Maintenance agreements.

The City shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the City Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B found at the end of this chapter entitled “Sample Stormwater Control Facility Maintenance Agreement.” The City, 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 chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Article V. Administration and Enforcement

B. Stormwater management practice inspections. The City’s SMO is responsible for conducting inspections of stormwater management practices (SWMPs). Inspections may be performed by City staff or the City’s SMO may designate an inspector required to have a professional engineer’s (PE) license or certified professional in erosion and sediment control (CPESC) certificate, as long as the designated inspector is required to submit a report. 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 NYSDEC SPDES General 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 City’s SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

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 stormwater system, the landowner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.

§ 226-18. Enforcement; penalties for offenses.

1. Notice of violation. When the City determines that a land development or redevelopment activity is not being carried out in accordance with the requirements of this chapter, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
   1. The name and address of the landowner, developer or applicant;
   2. The address when available or a description of the building, structure or land upon which the violation is occurring;
   3. A statement specifying the nature of the violation;
   4. A description of the remedial measures necessary to bring the land development or redevelopment activity into compliance with this chapter and a time schedule for the completion of such remedial action;
   5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
   6. A statement that the determination of violation may be appealed to the City by filing a written notice of appeal within 15 days of service of notice of violation.

Links

Mount Vernon Stormwater Ordinance

Mount Vernon Stormwater Management Program