Section One: Short Title
This Ordinance shall be known as the "Stormwater Management and Erosion Control
Section Two: Findings of Fact
The (City/Town/Village) finds that uncontrolled drainage and runoff associated
with land development has a significant impact upon the health, safety and welfare of the
- Stormwater runoff can carry pollutants into receiving waterbodies, degrading water
- The increase in nutrients in stormwater runoff such as phosphorus and nitrogen
accelerates eutrophication of receiving waters;
- Improper design and construction of drainage facilities can increase the velocity of
runoff thereby increasing streambank erosion and sedimentation;
- Construction requiring land clearing and the alteration of natural topography tends to
- Siltation of waterbodies resulting from increased erosion decreases their capacity to
hold and transport water, interferes with navigation, and harms flora and fauna;
- Impervious surfaces increase the volume and rate of stormwater runoff and allow less
water to percolate into the soil, thereby decreasing groundwater recharge and stream base
- Improperly managed stormwater runoff can increase the incidence of flooding and the
level of floods which occur, endangering property and human life;
- Substantial economic losses can result from these adverse impacts on community waters;
- Many future problems can be avoided if land is developed in accordance with sound
stormwater runoff management practices.
Section Three: Purpose and Objectives
In order to protect, maintain and enhance both the immediate and the long-term health,
safety and general welfare of the citizens of (City/Town/Village), this Ordinance
has the following objectives:
- Prevent increases in the magnitude and frequency of stormwater runoff so as to prevent
an increase in flood flows and in the hazards and costs associated with flooding;
- Prevent decreases in groundwater recharge and stream base flow so as to maintain aquatic
life, assimilative capacity, and potential water supplies;
- Maintain the integrity of stream geometry so as to sustain the hydrologic functions of
- Control erosion and sedimentation so as to prevent its deposition in streams and other
receiving water bodies;
- Facilitate the removal of pollutants in stormwater runoff so as to perpetuate the
natural biological functions of streams; and,
- To the extent practical, secure multiple community benefits such as groundwater
replenishment, open space protection, and increased recreational opportunity through
integrated land use - stormwater management planning.
Section Four: Authority
In accordance with (Article 10 of the municipal Home Rule Law, Article 20 of the
General City Law, Article 9 of the Town Law, and Article 4 and 20 of the Village Law) of
the State of New York (choose appropriate law and delete inappropriate laws), the (City/Town/Village)
has the authority to enact (local laws/ordinances) for the purpose of promoting
the health, safety or general welfare of (City/Town/Village). The (City/Town/Village)
may include in any such (local law/ordinance) provisions for the appointment of any
municipal officer or employees to effectuate and administer such (local law/ordinance).
Section Five: Jurisdiction
Upon approval of this Ordinance by the (City/Town/Village), all site preparation
and construction activities requiring approval under this Ordinance shall be in
conformance with the provisions set forth herein.
Section Six: Definitions
Unless specifically defined below, words or phrases shall be interpreted so as to give
them the meaning they have in common usage and to give this Ordinance its most effective
application. Words used in the singular shall include the plural and the plural the
singular; words used in the present tense shall include the future tense. The word
"shall" connotes mandatory and not discretionary; the word "may" is
Critical Environmental Area - A specific geographic area designated by a state or
local agency having exceptional or unique characteristics that make the area
Development - To make a site or area available for use by physical alteration.
Development includes but is not limited to providing access to a site, clearing of
vegetation, grading, earth moving, providing utilities and other services such as parking
facilities, stormwater management and erosion control systems, and sewage disposal
systems, altering landforms, or construction of a structure on the land.
Drywell - Similar to infiltration trench but smaller with inflow from pipe;
commonly covered with soil and used for drainage areas of less than 1 acre such as
roadside inlets and rooftop runoff.
Erosion - The removal of soil particles by the action of the water, wind, ice or
other geological agents.
Exfiltration - The downward movement of runoff through the bottom of an
infiltration system into the soil.
Extended Detention - A practice to store stormwater runoff by collection as a
temporary pool of water and provide for its gradual (attenuated) release over 24 hours or
more. A practice which is used to control peak discharge rates, and which provides gravity
settling of pollutants.
First Flush - The delivery of a disproportionately large load of pollutants during
the early part of storms due to the rapid runoff of accumulated pollutants. The first
flush in these guidelines is defined as the runoff generated from a one year 24 hour storm
event from land which has been made more impervious from pre-development conditions
through land grading and construction/development activities.
Flood Plain - For a given flood event, that area of land temporarily covered by
water which adjoins a watercourse.
Forebay - An extra storage area or treatment area, such as a sediment pond or
created wetland, near an inlet of a stormwater management facility to trap incoming
sediments or take up nutrients before they reach a retention of extended detention pond.
Impervious Area - Impermeable surfaces, such as pavement or rooftops, which prevent
the percolation of water into the soil.
Infiltration - A practice designed to promote the recharge of groundwater by
containment and concentration of stormwater in porous soils.
Infiltration Basin - An impoundment made by excavation or embankment construction
to contain and exfiltrate runoff into the soil layer.
Outfall - The terminus of a storm drain where the contents are released.
Peak Flow - The maximum rate of flow of water at a given point and time resulting
from a storm event.
Peak Flow Attenuation - The reduction of the peak discharge of storm runoff by
storage and gradual release of that storage.
Retention - A practice designed to store stormwater runoff by collection as a
permanent pool of water without release except by means of evaporation, infiltration, or
attenuated release when runoff volume exceeds the permanent storage capacity of the
Riprap - a combination of large stone, cobbles and boulders used to line channels,
stabilize stream banks, reduce runoff velocities.
Riser - A vertical pipe that is used to control the discharge rate from a pond for
the specified design storm.
Stream Corridor - The landscape features on both sides of a stream, including
soils, slope and vegetation, whose alteration can directly impact the streams physical
characteristics and biological properties.
Swale - A natural depression or wide shallow ditch used to temporarily route, or
Section Seven: Applicability
- It has been established that the land cleaning, land grading, earth moving or
development activities can have a significant effect on the environment, therefore, no
person, corporation, organization, or public agency shall, on or after the effective date
of the ordinance:
- Initiate any land clearing, land grading, earth moving or development activities without
first preparing a stormwater management and erosion control plan and obtaining approval of
said plan from the (City/Town/Village), or;
- Alter any drainage system without first preparing a stormwater management and erosion
control plan and obtaining approval of said plan from the (City/Town/Village).
- Exemptions. The following activities are exempt from the Stormwater Management and
Erosion Control Plan requirements:
- Agricultural activities, including household gardening and timber harvesting that is not
part of a development project;
- Development of less than five single-family or duplex residential dwelling units and
their accessory structures such as garages and storage sheds in an existing subdivision;
- Development of one single-family or duplex residential structure not in an existing
- Industrial and/or commercial development projects which result in an impervious surface
less than 10,000 square feet;
- Any maintenance, alteration, use or improvement to an existing structure which will not
change the quality, rate, volume or location of surface water discharge or contribute to
erosion and sedimentation.
Section Eight: Contents of the Stormwater Management and Erosion Control Plan
- It is the responsibility of an applicant to prepare a Stormwater Management and Erosion
Control Plan so that the (City/Town/Village) can evaluate the environmental
characteristics of the affected areas, the potential and predicted impacts of the proposed
activity on community waters, and the effectiveness and acceptability of those measures
proposed by the applicant for reducing or mitigating adverse impacts.
- The Stormwater Management and Erosion Control Plan shall contain the name, address, and
telephone number of the owner and developer. In addition, the legal description of the
property shall be provided, and its location with reference to such landmarks as major
waterbodies, adjoining roads, railroads, subdivisions, or towns shall be clearly
identified on a map.
- The structure and content of the Stormwater Management and Erosion Control Plan shall be
- Background Information
- Project description
- Existing (pre-development) conditions
- Proposed future (development) conditions
- Comparison of pre-development with post-development runoff
- Stormwater Management
- Stormwater management facilities
- Stormwater conveyance system
- Recreational and/or landscape features (optional)
- Erosion and Sediment Control
- Temporary erosion and sediment control facilities
- Permanent erosion and sediment control facilities
- Implementation Schedule and Maintenance
Section Nine: Plan Review Process
- Provisions for stormwater management and erosion control should be considered in a
- Pre-submission Phase - which provides an opportunity for the community to learn of the
developer's intent and for the developer to learn of the community's requirements and
standards for development.
- Preliminary Site Development Plan Phase - which includes the submission of an
application for preliminary site development plan approved for a developer. The
application shall be accompanied by information about the proposal as set forth in Section
Eight of this Ordinance. Because it is a preliminary action and not final, action on the
proposal shall be given as tentative approval, tentative approval with modification or
- Final Site Development Plan Phase - if approval or approval with modification is
tentatively given in the preliminary site development phase, the next step can be
submission of a final application, including the necessary documentation for final
approval. It is this phase that any requested modifications be satisfied as part of final
- The Stormwater Management and Erosion Control Plan shall not be approved unless it is
consistent with the Purposes and Objectives of this Ordinance in Section Three and the
Performance Standards described in Section Ten.
- Inspections. No Stormwater Management and Erosion Control Plan will be approved without
adequate provision for inspection of the property before development activity commences.
The applicant shall arrange with the (City/Town/Village) for scheduling the
- Initial Inspection: prior to approval of the Stormwater Management and Erosion Control
- Erosion Control Inspection: to ensure erosion control practices are in accord with the
- Bury Inspection: prior to backfilling of any underground drainage or stormwater
- Final Inspection: when all work including construction of stormwater management
facilities has been completed.
The (City/Town/Village) shall inspect the work and either approve it or notify
the applicant in writing in what respects there has been a failure to comply with the
requirements of the approved Stormwater Management and Erosion Control Plan. Any portion
of the work which does not comply shall be promptly corrected by the applicant or the
applicant with be subject to the bonding provisions of Section Thirteen and the penalty
provisions of Section Fourteen. The (City/Town/Village) may conduct random
inspections to ensure effective control of erosion and sedimentation during all phases of
Section Ten: Performance Standards
Stormwater Management and Erosion Control Plans shall be prepared in accordance with performance standards which have been structured
to achieve the purposes and objectives of this Ordinance as well as to ensure that the
quality and quantity of runoff after development is not substantially altered from
Section Eleven: Off-Site Stormwater Management Facilities
- The (City/Town/Village) may allow stormwater runoff that is of unacceptable
quality or which would be discharged in volumes or rates in excess of those otherwise
allowed by this Ordinance, to be discharged into stormwater management facilities off the
site of development if all of the following conditions are met:
- It is not practicable to completely manage runoff on-site in a manner that meets the
Performance Standards in Section Ten;
- The off-site drainage facilities and channels leading to them are designed, constructed
and maintained in accordance with the requirements of this Ordinance;
- Adverse environmental impacts on the site of development will be minimized;
- Adequate provision is made for the sharing of construction and operating costs of the
off-site facilities. The developer may be required to pay a portion of the cost of
constructing the facilities as a condition to receiving approval of the drainage plan.
- Use of regional off-site stormwater management facilities does not eliminate the
requirement that the first-flush be captured and treated on-site pursuant to the Section
Ten Performance Standards.
- A request to use off-site stormwater management facilities and all information related
to the proposed off-site facilities shall be made a part of the developer's stormwater
Section Twelve: Maintenance
- The (City/Town/Village) shall determine whether stormwater management facilities
are to be maintained by the developer/owner, a homeowner's association, or by the (City/Town/Village).
- If maintenance is to be performed by a homeowner's association, the homeowner's
association must be registered pursuant to Section 352-E of the New York State General
- If maintained by an owner or homeowner's association, a maintenance plan containing a
maintenance schedule shall be provided by the developer, owner and/or homeowner's
association for approval by the (City/Town/Village) (see Section Eight (3)).
- Stormwater management facilities maintained by an owner or home owner's association
shall have adequate easements to permit the (City/Town/Village) to inspect and, if
necessary, to take corrective action should the owner fail to properly maintain the
system. Before taking corrective action, the (City/Town/Village) shall give the
owner or home owner's association written notice of the nature of the existing defects. If
the owner or homeowner's association fails within thirty (30) days from the date of the
notice to commence corrective action or to appeal the matter to the (City/Town/Village),
the (City/Town/Village) may take necessary corrective action, the cost of which
shall be borne by the owner or developer pursuant to Section Thirteen of this Ordinance or
by the homeowner's association. If, in the event the homeowner's association fails to pay
for required corrective action, the (City/Town/Village) shall have a lien placed on
the real property of members of the homeowner's association until payment is made.
- Stormwater management facilities may be dedicated to the (City/Town/Village) for
purposes of maintenance by mutual consent and agreement of the developer/owner and (City/Town/Village).
Section Thirteen: Performance Bond
- In order to ensure the full and faithful completion of all construction activities
related to compliance with all conditions set forth by the (City/Town/Village) in
its approval of the Stormwater Management and Erosion Control Plan, the (City/Town/Village)
may require the developer to provide, prior to construction, a performance bond, escrow
account certification, or irrevocable letter of credit from an appropriate financial or
surety institution which guarantees satisfactory completion of the project and names the (City/Town/Village)
as the beneficiary. The security shall be in an amount to be determined by the (City/Town/Village)
based on submission of final design plans, with reference to actual construction costs.
- Where stormwater management and erosion and sediment control facilities are to be
operated and maintained by the developer or by a corporation that owns or manages a
commercial or industrial facility, the developer, prior to construction, may be required
to provide the (City/Town/Village) with an irrevocable letter of credit from an
appropriate financial institution or surety to ensure proper operation and maintenance of
all stormwater management and erosion control facilities for the life of the project.
The letter of credit shall remain in force until the surety is released from liability
by the (City/Town/Village).
Per annum interest on the letter of credit will be reinvested in the account until the
surety is released from liability.
The operation and maintenance letter of credit shall remain in force for the life of
If the developer or owner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the (City/Town/Village) may draw upon
the account to cover the costs of proper operation and maintenance.
Section Fourteen: Enforcement
- Nuisance. Any development activity that is commenced without prior approval of a
Stormwater Management and Erosion Control Plan or is conducted contrary to an approved
Stormwater Management and Erosion Control Plan as required by this Ordinance, may be
restrained by injunction or otherwise abated in a manner provided by law.
- Civil and Criminal Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions of this Ordinance shall
be punished by a fine of not less than One Hundred Dollars ($100) nor more than One
Thousand Dollars ($1000) or by imprisonment for a period not to exceed sixty (60) days, or
by both such fine and imprisonment. Such person shall be guilty of a separate offense for
each day during which the violation occurs or continues.
- 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 (City/Town/Village)
may take necessary corrective action, the cost of which shall become a lien upon the
property until paid.
- Notice of Violation. When the (City/Town/Village) determines that development
activity is not being carried out in accordance with the requirements of this Ordinance,
it shall issue a written notice of violation to the owner of the property. The notice of
violation shall contain:
- The name and address of the owner or applicant;
- The street address when available or a description of the building, structure, or land
upon which the violation is occurring;
- A statement specifying the nature of the violation;
- A description of the remedial actions necessary to bring the development activity into
compliance with this Ordinance and a time schedule for completion of such remedial action;
- A statement of the penalty or penalties that shall or may be assessed against the person
to whom the notice of violation is directed;
- A statement that the determination of violation may be appealed to the (City/Town/Village)
by filing a written notice of appeal within fifteen (15) days of service of notice of
The notice of violation shall be served upon the person(s) to whom it is directed
either personally, in a manner provided for personal services of notices by the court of
local jurisdiction, or by mailing a copy of the notice of the violation by certified mail,
postage prepaid, return receipt requested to such person at his or her last known address.
A notice of violation issued pursuant to this section constitutes a determination from
which an administrative appeal may be taken to the (City/Town/Village).
Section Fifteen: Appeals
Any person aggrieved by the action of any official charged with the enforcement of this
Ordinance, as the result of the disapproval of a Stormwater Management and Erosion Control
Plan, issuance of a written notice of violation, or an alleged failure to properly enforce
the Ordinance in regard to a specific application, shall have the right to appeal the
action to the (City/Town/Village). The appeal shall be filed in writing within
twenty (20) days of the date of official transmittal of the final decision or
determination to the applicant, shall state clearly the grounds on which the appeal is
based, and shall be processed in the manner prescribed for hearing administrative appeals
under (state/local code prevision).
Section Sixteen: Severability
Each separate provision of this Ordinance is deemed independent of all other provisions
herein so that if any provision or provisions of this Ordinance is declared invalid, all
other provisions thereof shall remain valid and enforceable.
Section Seventeen: Variance
The (City/Town/Village) may grant a written variance from any requirement of
this Ordinance using the following criteria:
- There are special circumstances applicable to the subject property or its intended use;
- The granting of the variance will not result in:
- An increase or decrease in the rate or volume of surface water runoff;
- An adverse impact on a wetland, water course or waterbody;
- Degradation of water quality; or
- Otherwise impair attainment of the objectives of this Ordinance.
Section Eighteen: Effective Date
This Ordinance shall become effective on______________________________