Re-organizational Meeting

Council Chambers

Tonawanda, New York

January 8, 2008

 

The Common Council convenes pursuant to Division 3, Section 2.045 of the City Charter.

 

Council President Carleton R. Zeisz seats the new Council.

 

Roll Call:            Councilmember 1st Ward   Colleen R. Perkins

                        Councilmember 2nd Ward   Gary C. Waterhouse

                        Councilmember 3rd Ward   James P. Kossow

                        Councilmember 4th Ward   Rick Davis

 

The City Clerk reads the following acceptances and oaths of the officers elected at the last General Election held on November 6, 2007.

 

                        Councilmember 1st Ward   Colleen R. Perkins

                        Councilmember 2nd Ward   Gary C. Waterhouse

                        Councilmember 3rd Ward   James P. Kossow

                        Councilmember 4th Ward   Rick Davis

Ordered filed

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Rev. Kenneth Wood

 

SWEARING IN OF FIRE/POLICE

 

Introduced by Frank Corbett

Sworn in by City Clerk Janice R. Bodie

 

Kenneth Dolan

Richard Loucks

Robert Marshall

Richard Oates, Jr.

Randall Roth

Andrew Wassam

 

COMMUNICATIONS FROM THE MAYOR

 

A letter dated December 19, 2007, from the NYSDEC presenting the completed technical review of the City of Tonawanda’s Year Four (2007) Phase II Municipal Separate Stormwater Sewer System (MS4) Stormwater Management Program (SWMP) Annual Report.

 

A letter dated January 3, 2008, from the Erie County Department of Law regarding the Erie County Clerk’s “Satellite” auto Bureau at 200 Niagara Street.

 

A letter to Carrie Scranton, 281 Hinds Street, thanking her for helping to stop vandalism throughout the City.

 

A letter to Henry Hoffman, 196 Niagara Shore Drive, appointing him to the position of Chairman of the City of Tonawanda Planning Board.

 

A letter dated December 26, 2007, from the Erie County Department of Environment and Planning informing the City that the projects submitted by the City were not recommended for inclusion in the Consortium Year 2008 funding application to the Federal Department of Housing and Urban Development.  The projects were sidewalk rehabilitation, Johnson Street resurfacing and sidewalk replacement and Moyle Avenue mill and overlay including sidewalk replacement.

 

A letter to Lloyd Long, 85 Erie Street, Apt. C, reappointing him to the Waterfront Revitalization Board, term to expire December 31, 2008.

 

A letter to Joseph Ulanowski, 52 Dexter Street, reappointing him to the Waterfront Revitalization Board, term to expire December 31, 2008.

 

A letter to Christine Pilozzi, 82 Clinton Street, reappointing her to the Waterfront Revitalization Board, term to expire December 31, 2008.

 

A letter to Don Voisinet, 437 S. Niagara Street, reappointing him to the Waterfront Revitalization Board, term to expire December 31, 2008.

 

A letter dated December 19, 2007, to the Honorable Louise Slaughter, the Honorable Charles Schumer and the Honorable Hillary Clinton, thanking them for including the demolition and remediation of the Spaulding Fibre Industrial Site in the 2008 OMNIBUS Appropriations Bill.

           

A letter dated December 20, 2007, to North Tonawanda Mayor Soos and North Tonawanda Common Council President Bret Sommer and the members of the North Tonawanda Common Council regarding the Saturday Night Molson Series concerts.

 

A letter dated December 19, 2007, from Time Warner-Buffalo Division, regarding the franchise renewal.

            Ordered filed

 

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            December minutes of the Board of Appeals

November monthly report of the Building Inspector

            December monthly report of the Building Inspector

            Year End Report of the Building Inspector

            December monthly report of the City Clerk

            Year End Report of the City Clerk

            November Activity Report of the Fire Department

            December minutes of the Waterfront Revitalization Board

            Referred to the Committee of the Whole

                            Ordered filed

 

A letter dated December 27, 2007, from City Attorney Ronald C. Trabucco to the Erie County Clerk’s Office regarding the DMV Satellite Office in City Hall.

            Referred to the Committee of the Whole

 

A memo dated December 6, 2007, from Joseph Yeaw officially notify the City of his retirement from the Department of Public Works, effective January 30, 2008.

            Referred to the Committee of the Whole

 

A letter from Nancy Pohzehl, 228 Delaware Street, asking to be reappointed as Bingo Inspector for the City of Tonawanda.    

            Referred to the Committee of the Whole

 

A letter dated December 21, 2007, from City Attorney Ronald C. Trabucco, to the Tonawanda City School District, regarding the salt storage facility agreement between the City and School District.

            Referred to the Committee of the Whole

 

A letter dated January 3, 2008, from City Assessor Patricia N. Bacon, regarding alternate Veteran’s exemption limits.

            Referred to the Committee of the Whole

 

A letter from the membership of Delaware Hose Co. #2, requesting an update on the progress being made on renovations that are supposedly going to be made to Fire Headquarters.

            Referred to the Committee of the Whole

                Ordered filed

 

MOTIONS AND RESOLUTIONS

 

1.         By the Council                                                              seconded by the Council

            Resolved, that all departments and department functions in existence as of December 31, 2007, as long as they are not inconsistent with the current Charter, are hereby ratified as provided in Article 3, Division 1, Section 3.005 of the City Charter.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

2.         By the Council                                                              seconded by the Council

            Resolved, that the Rules and Orders for the Government and Procedures of the Common Council of the City of Tonawanda for the years 2008-2009 are hereby adopted.

 

RULES AND ORDERS FOR THE GOVERNMENT AND PROCEDURES

OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA

FOR THE YEAR 2008-2009   

 

PREFACE

 

The Councilmembers of the City of Tonawanda and the President of the Common Council shall constitute the Common Council, and the President of the Common Council shall be the presiding officer thereof.

 

REGULAR MEETINGS

 

            Regular meetings of the Common Council shall be held in the Council Chambers on the first and third Tuesdays in each calendar month; such regular meetings shall convene at 7 o’clock P.M.  Regular meetings shall be open for the transaction of any business which may properly come before the Council.  Dates and times of regular meetings may be adjusted by the majority vote of the Common Council.           

 

ORDER OF BUSINESS

 

            At the hour appointed for the meeting of the Council, the President shall call the meeting to order, and direct the Clerk to call the roll, the Clerk recording the names of all Councilmembers present and noting the absentees.  If a quorum is not present, absent members shall be sent for in the manner prescribed by law.

 

            1.  Roll Call by the City Clerk

           

2.  Pledge to the flag

           

3.  Opening prayer

           

4.  Results of bid openings

           

5.   Communications from the Mayor

 

6.  Communications from City Officials and Correspondence

           

7.  Presentation of Petitions

 

8.  Resolutions to be acted on by the Common Council at its Regular Meeting shall be submitted by the appropriate Department Head and/or Mayor’s Office to the City Clerk’s Office no later than 3:00 P.M. on the Thursday preceding the meeting.  Said draft resolutions will be delivered to the members of the Common Council by mail or personal delivery no later than the Saturday preceding the meeting.  Any Councilmember having objection and or questions to said resolutions shall consult with the Department Head.  Objections to the resolutions shall be conveyed to the Council President and City Clerk expeditiously.  Resolutions submitted past the deadline will not be considered unless deemed by the majority to have such urgency.

 

9.  There will be a 30 minute maximum allowable time limit for the presentation of resolutions and comments on same by the public.  Said time limit may be modified due to Common Council schedule.  The President may entertain questions or comments within the above stated time limit.  Additional questions or comments may be submitted in writing.  This rule may be waived or modified by a majority vote of the Council.

 

10.  Motions and Resolutions

 

11.  Comments by the General Public - there will be a 30 minute maximum allowable time limit - said time limit may be modified due to Common Council schedule.  The President may entertain questions or comments per person within the above stated time limit.  Additional questions or comments may be submitted in writing.  This rule may be waived or modified by majority vote of the Common Council.

 

12.  Closing remarks by members of the Common Council.

 

13.  Adjournment

 

Note:  With respect to written questions or comments referred to in numbers 9 and 11 above, responses will also be in writing done in a timely manner.

 

DUTIES OF THE PRESIDING OFFICER

 

            The President of the Common Council, as Presiding Officer, shall possess the powers and perform the duties as herein prescribed, viz:

 

            1.  He shall preserve order and decorum

 

            2.  He shall decide all questions of order, subject to appeal to the Common Council.  On every appeal he shall have the right in his place to assign his reason for his decision; but any member may state the grounds for his appeal.

 

            3.  He shall, with the consent of the Council, have the right to invite to the floor, and to extend the privilege of addressing the Council, to such persons as shall request the privilege. 

 

            4.  The President may vote on any question submitted to the Common Council. 

 

            5.  The Common Council President may introduce or second any matter that can come before the Common Council.

 

            6.  He shall be the ex-officio member of all committees.

 

            7.  He shall appoint all committees, chairmen of said committees and determine the number of members of all committees.

 

STANDING COMMITTEES

 

            Standing committees shall be appointed by the Common Council President at the first regular meeting of the Council each year, or as soon thereafter as practical.

 

RULES

 

            1.  Every member of the Common Council, when he speaks, shall address the presiding officer as “Mr. President”, and shall not proceed until recognized.

 

            2.  The Presiding Officer shall call for a voice vote of the body, or the Clerk shall, upon order of instruction from the Presiding Officer, call the ayes and nays on all questions by law required, which shall be entered upon the minutes of the Council.  If any member requires it, on any questions, a like call shall be made, and the result likewise entered.  In calling ayes and nays on any question, the members shall be called in the following order:  Perkins, Waterhouse, Kossow, Davis.  The Council President shall vote last.  Exception:  A motion to “waive the reading” shall be voted on by a voice vote of the body, aye or nay.

 

            3.  Every member shall vote when a question is stated from the Chair, unless excused by the Chair after stating substantial reason and or conflict of interest.

 

            4.  When two or move members rise at the same time, the Presiding Officer shall name the one who is first to speak.

 

5.  Any member may be called to order, in which case the member so called to order shall immediately sit down, the point of order shall be stated at the request of the Presiding Officer, by the member raising the question of order, and shall be decided without debate, before proceeding to other business.

 

            6.  If any question contains several distinct propositions, it shall be decided by the chair at the request of any member but a motion to strike out and/or insert shall be indivisible.

 

            7.  Any member may have any paper in possession of the Council read, unless the reading of the same shall be objected to by some other member, and then question shall be determined by a vote of the Council, without debate.

 

            8.  Every member, upon presenting a petition, memorial, resolution or other paper, shall move some action thereon.

 

            9.  All petitions or other papers addressed to the Council shall be considered by the Common Council.

 

             10.  A motion to amend or amendments, lay on the table, or for the previous question, shall be decided without debate, and all question of order, and all questions relating to the order of business, shall be decided without debate.  The several motions to postpone, or refer, shall preclude all debate on the main question.

 

            11.  When a question has been once put and decided, it shall be in order for any member who voted with the majority to move for the reconsideration and possible rescinding of that question.

 

            12.  A motion for reconsideration, if lost, shall not again be repeated at the same meeting of the Council, nor shall any question be reconsidered more than once.

 

            13.  When a question is pending, no motion shall be received, except as hereinafter specified, and these shall have preference in the order stated, viz:

 

                        A.  For an adjournment of the Council

                        B.  To lay on the table

                        C.  For the previous question

                        D.  To postpone indefinitely

                        E.  To postpone to a certain day

                        F.  To refer to a standing committee

                        G.  To refer to a special or select committee

                        H.  To amend

 

            14.  After the roll call upon any question has been commenced, no member shall speak on the question, nor shall any motion be made until after the result is declared.

 

            15.  Upon the presentation of any claim or account, it shall be referred to the Audit Committee, and no account or claim shall be audited or allowed until it shall be examined and reported on by said committee.

 

            16.  A majority vote or more of the whole Council and not a majority of the members present shall be necessary to the appointment of any person to any appointed office.

            17.  Every motion which shall have been offered shall be distinctly stated by the City Clerk, upon being seconded and before being debated, shall be reduced to writing by the City Clerk, upon request of the Presiding Officer or any member of the Council.  It may be withdrawn at any time before decision, commitment, or amendment by majority consent.

 

            18.  No standing rule or order of the Council shall be repealed, rescinded, or changed except by an affirmative vote of at least three members of the Council; nor shall any new rule be added thereto, except by a like vote; but they may be suspended at any time by the consent of the majority of the whole Council.

 

            19.  Whenever any question not covered by these rules arise, this Council shall be governed by the majority rule of the Common Council.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

3.         By the Council                                                              seconded by the Council

            Resolved, that Janice R. Bodie, Clerk-Typist in the City Clerk’s Office, be given the duties of City Clerk for the City of Tonawanda, effective January 1, 2008, with the additional annual stipend of $20,683.00, term to expire December 31, 2009.

 

Council President Zeisz – I just have to say that Jan has served as City Clerk for the last 12 years and she is a pleasure to work with and I just want to give her my thanks for her years of support. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

4.         By the Council                                                  seconded by the Council

            Resolved, that at the recommendation of the City Clerk, Kathleen R. Greenawalt, Clerk-Typist in the City Clerk’s Office, be appointed Deputy City Clerk for the City of Tonawanda, effective January 1, 2008, with the additional annual stipend of $2,837.00, term to expire December 31, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

5.         By the Council                                                              seconded by the Council

            Resolved, that Janice R. Bodie be appointed Registrar of Vital Statistics for the City of Tonawanda, said two year appointment to expire December 31, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

6.         By the Council                                                              seconded by the Council

            Resolved, that Kathleen R. Greenawalt be appointed Deputy Registrar of Vital Statistics for the City of Tonawanda, said two year appointment to expire December 31, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

7.         By the Council                                                              seconded by the Council

            Resolved, that Holly M. Batt be appointed Sub-Registrar of Vital Statistics, term to expire December 31, 2009. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

8.         By the Council                                                              seconded by the Council

            Whereas, the Charter of the City of Tonawanda no longer requires that the Common Council designate an official newspaper for the City, and

            Whereas, the Common Council has determined that designation of an official newspaper is in the best interest of the City, therefore be it

 

            Resolved, that the Tonawanda News is hereby designated as the official newspaper of the City of Tonawanda for the years 2008-2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

9.         By the Council                                                  seconded by the Council

            Resolved, that this Common Council does hereby designate the First Trust Office, HSBC, and the Broad Street Office, Manufacturers and Traders Trust Co., the Main Street Office of Citizens Commercial, and JP Morgan Chase Bank, as official depositories of the City of Tonawanda for the years 2008 - 2009 and be it further

            Resolved, that said First Trust Office, HSBC and the Broad Street Office of the M&T Bank, J. P. Morgan Chase Bank, Buffalo, New York and Main Street Office of Citizens Bank, be required to furnish collateral for the City deposits as required by New York State statutes. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

10.       By the Council                                                              seconded by the Council

            Resolved, that Councilmember Perkins and Councilmember Waterhouse be appointed to the Finance Committee, effective January 1, 2008.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

11.       By the Council                                                              seconded by the Council

            Resolved, that Clyde Schulte, 479 S. Niagara Street, be reappointed to the position of Chief Examiner of Stationary Engineers, at a salary of  $670.00 yearly, term to expire December 31, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

12.       By the Council                                                              seconded by the Council

            Resolved, that Sanford Belsky, 25 Delton Street, be reappointed to the position of Plumbing Inspector for the City of Tonawanda, term to expire December 31, 2008, at a salary of  $19.71 per hour, not to exceed 19 hours per week, and be it further

Resolved, that this individual is entitled to the provisions provided in the Personnel Policy Manual for Group 8 employees.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

13.       By the Council                                                              seconded by the Council

            Resolved, that Nancy Pohzehl, 228 Delaware Street, be reappointed to the position of Bingo Inspector, at a salary of $665.00 per year, term to expire December 31, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

14.       By the Council                                                              seconded by the Council

            Resolved, that the following certificates of insurance and bonds for plumbers be filed and a license be issued for said plumbers to do business in the City of Tonawanda. 

 

They are:  A. Gareleck & Sons, Inc. (Charles Carfley);  A Grim Plumber, Inc. (Andrew J. Grimaldi);  B.P. Plumbing (William M. Petty);  Blaser Plumbing (Gary P. Blaser);  Carney Plumbing & Heating, Inc. (Alan Carney);  Carney Plumbing & Heating, Inc. (James S. Carney); Cecchini Plumbing & Heating, Inc. (Paul N. Cecchini);  Danforth, Inc. (Ronald F. Reagan);  Dave Martin Plumbing (David Martin);  Deasy Plumbing & Heating (Dennis M. Deasy);  East Amherst Plumbing, Inc. (Mark Taylor);  Flanders Plumbing (Gary Flanders);  Frank’s Commercial & Home Services (Frank DiMaria);  G & W Plumbing and Heating, Inc. (Paul Rosiek);   Grand Jude, Inc. (Frank M. Grandinetti);  Great Lakes Plumbing (Dennis Kenney);  Higgins/Mayers Plumbing Co., Inc. (Michael F. Higgings);   Haefner Plumbing (Christopher T. Haefner);  Huron Plumbing & Heating Corp. (Mark Gfroerer);  Joseph A. Grasso Plumbing (Joseph A. Grasso);  Joseph V. Schmigel & Sons Plumbing & Heating, Inc. (Todd J. Schmigel);  Joyce Plumbing (Leonard N. Joyce);  Ken’s Plumbing Service (Kenneth N. Clabo);  Kubiniec Plumbing (David Kubiniec);  L C Mechanical, Inc. (Dean Luongo);  MLP Plumbing & Mechanical, Inc. (David W. Muskopf);  Mark’s Plumbing, Inc. (Mark Fremont);   Matthew Kandefer, Inc. (Matthew Kandefer);   Marty Hall’s Plumbing & Heating, Inc. (Martin K. Hall);  Musso Plumbing & Heating, Inc. (Salvatore Musso);  New Horizon Plumbing (George E. Sorri);  Niagara Frontier Plumbing (Donald V. Greene, Jr.);  Penny’s Hardware, Inc. (Louis J. Panepento);  R.I.C. Plumbing, Inc. (Richard A. Kuhns);   Roy’s Plumbing, Inc. (Michael R. Dollendorf);  Schmit Plumbing & Heating, LLC (Herbert F. Schmit, III);  Sparks Plumbing & Heating, Inc. (Michael R. O’Neil);  Sunset Plumbing & Heating (John Wachala);  Trademaster Contracting, Inc. (Donald L. DiCarlo);  Water Flow Plumbing (John S. Librera);  Western New York Plumbing (Barrett Greene);  Zinzola Plumbing (Thomas Zinzola);

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

15.       By Councilmember Davis                                                    seconded by Council President Zeisz

            Resolved, that the reading of the following resolution be waived.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

16.       By the Council                                                              seconded by the Council

WHEREAS, an Ordinance entitled “Stormwater Management” and an ordinance entitled “Illicit Discharges” (collectively, the “Ordinances”) have been proposed, which seek to reduce stormwater pollution, enhance water quality, and improve aquatic habitats by requiring that a Stormwater Pollution Prevention Plan be submitted for all land development projects disturbing more than one acre of land, or less than one acre if part of a larger plan of development, and by prohibiting illicit discharges to the Municipal Separate Storm Sewer System (“MS4”); and

            WHEREAS, the Ordinances have been drafted using model language from the New York State Department of Environmental Conservation (“DEC”) and the New York State Department of State in order to fulfill the MS4 Phase II stormwater management requirements of the National Pollutant Discharge Elimination System as administered by the State Pollutant Discharge Elimination System; and

            WHEREAS, the Common Council previously declared itself to be the lead agency for SEQR purposes with respect to the proposed action; and

            WHEREAS, the Common Council previously made a declaration that the proposed action will not result in any significant negative environmental impact; and

            WHEREAS, the proposed ordinances have been referred to the Erie County Division of Planning in accordance with General Municipal Law; and

            WHEREAS, the County has made no recommendation in that the proposed action has been reviewed and determined to be of local concern, now, therefore be it

RESOLVED that the Stormwater Ordinances entitled “Stormwater Management” and “Illicit Discharges” be hereby approved and adopted.

 

 

CITY OF TONAWANDA

ORDINANCE ENTITLED “STORMWATER  MANAGEMENT”

 

An ordinance amending Chapter 14, Buildings and Building Regulations; Chapter 58, Subdivisions; and Chapter 82, Zoning, of the Code of Ordinances of the City of Tonawanda, and creating a new Chapter 52, entitled Stormwater Management, to the Code of Ordinances of the City of Tonawanda, in relation to stormwater pollution prevention.

 

BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF TONAWANDA AS FOLLOWS:

SECTION 1.

 

STATUTORY AUTHORITY.    In accordance with Article 2-A of the General City Law of the State of New York, the Common Council of the City of Tonawanda has the authority to protect property and preserve and care for the safety, health, comfort and general welfare of the inhabitants of the City of Tonawanda and visitors thereto; to regulate by ordinance any matter within the powers of the City; to provide penalties, forfeitures and imprisonment to punish violations thereof; and to maintain an action or special proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any such ordinance.  In addition, the Statute of Local Governments of the State of New York grants the City of Tonawanda the authority to adopt, amend and repeal zoning regulations.

 

Additions to the Code of Ordinances of the City of Tonawanda are reflected by underlining.

Deletions to the Code of Ordinances of the City of Tonawanda are reflected by strikethroughs.

 

SECTION 2.

 

Chapter 52 of the Code of Ordinances of the City of Tonawanda, New York, is hereby created to read as follows:

 

Chapter 52: STORMWATER MANAGEMENT

 

Sec. 52-31.  Findings; purpose.

 

A.  Findings.  It is hereby determined 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 stream bank 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 city;

(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.

 

B.   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 this jurisdiction and to address the findings of fact in § 52-31A of this chapter.  This chapter seeks to meet those purposes by achieving the following objectives:

(1)  Meet the requirements of minimum measures 4 and 5 of the New York State 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;

(2)  Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, Permit No. GP-02-01 or as amended or revised;

(3)  Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

(4)  Minimize increases in pollution caused by stormwater runoff from land development 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 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 and ensure that these management practices are properly maintained and eliminate threats to public safety. 

 

Sec. 52-32.  Definitions. 

 

As used in this chapter, the following terms shall have the meanings indicated:

 

AGRICULTURAL ACTIVITY – the activity 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.

 

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.

 

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.

 

DEC - the New York State Department of Environmental Conservation.

 

DEDICATION - the deliberate appropriation of property by its owner for general public use.

 

DESIGN MANUAL - the New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation), most recent version or its successor, including applicable updates, which serves as the official guide for stormwater management principles, methods and practices.

 

DEVELOPER - a person who undertakes land development activities.

 

EROSION CONTROL MANUAL - the 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, commonly known as the Blue Book.

 

GRADING - excavation or fill of material, including the resulting conditions thereof.

 

 

 

IMPERVIOUS 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 (SPDES) 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 process of percolating stormwater into the subsoil.

 

JURISDICTIONAL WETLAND - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

 

LAND DEVELOPMENT ACTIVITY - construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale disturbing one acre or more in the aggregate, 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.

 

LICENSED PROFESSIONAL - a professional engineer or landscape architect licensed to practice his or her profession in New York State.

 

MAINTENANCE AGREEMENT - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

 

NONPOINT 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.

 

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.

 

PROJECT - land development activity.

 

RECHARGE - the replenishment of underground water reserves.

 

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, or habitats for threatened, endangered or special concern species. 

 

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 permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.

 

STABILIZATION - the use of practices that prevent exposed soil from eroding.

 

STOP WORK ORDER - an order issued which requires that all construction activity on a site be stopped.

 

STORMWATER - rainwater, surface runoff, snowmelt and drainage.

 

STORMWATER HOTSPOT - a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

 

STORMWATER 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.

 

STORMWATER MANAGEMENT FACILITY - one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

 

STORMWATER MANAGEMENT OFFICER (SMO) - an employee or officer of the City of Tonawanda designated by the Common Council to accept and review Stormwater Pollution Prevention Plans (SWPPPs), forward the plans to such employee, officer or board of the City of Tonawanda which may be reviewing any application for a construction activity requiring submission of a SWPPP, and inspect stormwater management practices.

 

STORMWATER MANAGEMENT PRACTICES (SMPs) - measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

 

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

 

STORMWATER RUNOFF - flow on the surface of the ground, resulting from precipitation.

 

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 manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. 

 

WATERCOURSE - a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

 

WATERWAY - a channel that directs surface runoff to a watercourse or to the public storm drain.

 

 

Sec. 52-33.  General provisions.

 

A.  Applicability. This chapter shall be applicable to all land development activities within the city.

B.  Exemptions.  The following activities shall be exempt from review under this chapter:

(1)  Agricultural activity;

(2)  Silvicultural activity except that landing areas and log haul roads are subject to this chapter;

(3)  Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility; 

(4)  Repairs to any stormwater management practice or facility deemed necessary by the SMO;

(5)  Any part of a subdivision if a plat for the subdivision has been approved by the city on or before the effective date of this chapter;

(6)  Land development activities for which a building permit has been approved on or before the effective date of this chapter;

(7)  Cemetery graves;

(8)  Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

(9)  Emergency activity immediately necessary to protect life, property or natural resources;

(10)  Activities of an individual engaging in home gardening by growing flowers, vegetables or other plants   primarily for use by that person and his or her family; and

(11)  Landscaping and horticultural activities in connection with an existing structure.

C.  Conflict.  Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. 

 

Sec. 52-34.  Procedure.

 

A.  The city shall designate an SMO who shall accept and review all SWPPPs.  The SMO may:

(1)  Review the SWPPPs;

(2)  Upon approval by the Common Council, engage the services of a registered professional engineer to review the SWPPPs, specifications and related documents at a cost not to exceed a fee schedule established by the Common Council; or

(3)  Accept the certification of a licensed professional that the SWPPPs conform to the requirements of this chapter. 

 

B.   For all land development activities subject to review and approval by the building inspector or planning board of the city under development permit or subdivision regulations, the applicant or developer shall be required to submit a SWPPP that complies with the requirements of this chapter to the SMO, and the land development activity shall be reviewed subject to the standards contained in this chapter. 

 

(1)  Review by SMO.  Within 45 days of receipt of a SWPPP, the SMO shall forward the SWPPP, together with his or her written recommendation to approve, approve with modifications, or disapprove the SWPPP, to such employee, officer, or board of the city which is reviewing an application for approval of a land development activity requiring submission of a SWPPP.  A recommendation of approval shall only be given if the SWPPP complies with the requirements of this chapter.  In making a recommendation to approve with modifications or disapprove the SWPPP, the SMO shall state the reasons for the decision in writing. 

 

(2)  Review by Final Reviewing Body.  The employee, officer or board of the city reviewing the application for approval of a land development activity shall review the SWPPP and recommendation of the SMO and shall act to approve, approve with modifications, or disapprove the SWPPP.  Such reviewing body shall not act to approve the SWPPP unless it complies with the requirements of this chapter.  If the reviewing body acts to approve with modifications or disapprove the SWPPP, the reasons for the decision shall be stated in writing.  In order to be approved, the applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the reviewing body and shall submit the revised SWPPP to such body for review.   

 

C.   For all land development activities not subject to review by the building inspector or planning board of the city as stated in § 52-34B of this chapter, the applicant or developer shall be required to submit a SWPPP prepared in accordance with the standards contained in this chapter to the SMO and such SWPPP must be approved prior to commencement of the land development activity.  Within 45 days of receipt of a SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP.  Approval shall only be given if the SWPPP complies with the requirements of this chapter.  In approving with modifications or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing.  In order to be approved, an applicant shall revise a SWPPP that has been approved with modifications or disapproved in accordance with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.       

 

Sec. 52-35. Stormwater Pollution Prevention Plans.

A.  Stormwater Pollution Prevention Plan Requirement.  No application for approval of a land development activity shall be reviewed and no land development activity shall be commenced until the SMO or such employee, officer or board of the city which may be reviewing an application for approval of a land development activity requiring submission of a SWPPP has received a SWPPP the complies with the specifications in this chapter and has approved such SWPPP. 

B.  Contents of Stormwater Pollution Prevention Plans. 

(1)  All SWPPPs shall provide the following background information and erosion and sediment controls:

(a)   Background information about the scope of the project, including the location, type and size of the project;

(b)   Site map/construction drawing(s) for the project, including a general location map.  The site map should be at a scale of no smaller than one inch to 100 feet.  At a minimum, the site map should 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 land development activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);

(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 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;

(l)    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 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 § 52-35B(3) of this chapter as applicable:

(a)  Condition A - Stormwater runoff from land development activity discharging a pollutant of concern to either an impaired water identified on DEC’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.

(b)  Condition B - Stormwater runoff from land development activity disturbing five (5) or more acres.

(c)  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 or C (post-construction stormwater runoff controls):

(a)  All information in § 52-35B(1) of this chapter;

(b)  Description of each post-construction stormwater management practice;

(c)  Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;

(d)  Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(e)  Comparison of post-development stormwater runoff conditions with pre-development conditions;

(f)  Dimensions, material specifications and installation details for each post-construction stormwater management practice;

(g)  Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;

(h)  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; and

(i)   Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 52-37 of this chapter.

(4)    The SWPPP shall be prepared by a licensed professional and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this chapter. 

C.  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. Any Notice of Intent (NOI) submitted to DEC pursuant to the SPDES General Permit for Construction Activities GP-02-01 shall be submitted to the SMO concurrently therewith.

 

 

D.  Contractor Certification.

(a)   Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: “I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan.  I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.”

(b)   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.

(c)   The certification statement(s) shall be included with and become part of the SWPPP for the land development activity.

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

 

Sec. 52-36.  Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control. 

 

All land development activities shall be subject to the following performance and design criteria:

A.  Technical Standards.  For the purposes 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 Design Manual; and

(2)  The Erosion Control Manual.

B.   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 § 52-36A of this chapter.

C.  Water Quality Standards.  Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York.

 

Sec. 52-37.  Maintenance, Inspection and Repair of Stormwater Facilities.

A.  Maintenance and Inspection During Construction.

(1)  The applicant or developer of the land development 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 fifty (50) percent. 

(2)  For land development activities meeting Condition A, B or C in § 52-35B(2) 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 (7) days and within twenty-four (24) hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book.

(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.  

 

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 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 grantor in the office of the County Clerk after approval by the counsel for the city.

C.  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 SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 52-36 of this chapter.

(4)  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 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 Appendix A 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.

 

Sec. 52-38.  Administration and Enforcement. 

A.  Construction Inspection. 

(1)  Erosion and Sediment Control Inspection.  The SMO may require such inspections as necessary to determine compliance with this chapter and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this chapter and the SWPPP as approved.  To obtain inspections, the applicant shall notify the SMO at least 48 hours before any of the following, as required by the SMO:

(a)  Start of construction;

(b)  Installation of sediment and erosion control measures;

(c)  Completion of site clearing;

(d)  Completion of rough grading;

(e)  Completion of final grading;

(f)  Close of the construction season;

(g)  Completion of final landscaping; or

(h)  Successful establishment of landscaping in public areas.

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions.  No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMO.

(2)  Stormwater Management Practice Inspections.  The SMO is responsible for conducting inspections of SMPs.  All applicants are required to submit “as built” plans for any SMPs 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.

 

(3)   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.

(4)  Submission of Reports.  The SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

(5)  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 storm water 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 § 52-38A(3) of this chapter.

B.  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 city in its approval of the SWPPP, the may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the city as the beneficiary.  The security shall be in an amount to be determined by the city based on submission of final design plans, with reference to actual construction and landscaping costs.  The performance guarantee shall remain in force until the surety is released from liability by the city, 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 city.  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, may be required to provide the city 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, 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 city may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(c)  Recordkeeping.  The city may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.

C. Enforcement and Penalties.

(1)  Notice of Violation.  When the city determines that a land development 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:

(a)  The name 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 chapter and a time schedule for the completion of such remedial action; and

(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.

(2)  Stop Work Orders.  The city may issue a stop work order for violations of this chapter.  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 city 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 chapter.

(3)  Violations.  Any land development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction or otherwise abated in a manner provided by law.

(4) Penalties.  Except as otherwise stated in this chapter, violations of this chapter are punishable as provided in section 1-7 of this Code.

(5) Withholding of Certificate of Occupancy.  If any building or land development activity is installed or conducted in violation of this chapter, the SMO may prevent the occupancy of said building or land.

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

D.  Fees.  The developer or applicant shall, upon submission of a SWPPP and at the start of any phase of construction after the first phase, pay a fee to the City in accordance with § 30-376 of this Code.

 

SECTION 3.

 

The definition of “land disturbance” in Section 14-472 of the Code of Ordinances of the City of Tonawanda, New York, is hereby amended to read as follows:

Land disturbance means any activity involving the clearing, grading, transporting or filling of land and the construction of any dwelling or building, which activity significantly alters land topography or vegetative cover resulting in an increase in the rate of runoff.  “Land disturbance” shall not be deemed to mean the following:

(1)    Gardening activity, including the clearing, leveling, seeding, planting or harvesting of a household garden. 

(2)    Minor landscaping, including the planting or removing of trees, shrubs or plants for aesthetic purposes or the filling of yard low spots to conform to the grade of surrounding areas. 

(3)    Minor building erection, including the erection of sheds, garages, tool sheds, patios or decks which do not require the displacement of any land area resulting in a change of land grade and which do not result in roof drain-off on adjoining properties. 

(4)    Utility installation, including the installation of underground utility connections, provided that the land grade after such installation will not be changed.

(5)    Any activity involving the clearing, grading, transporting or filling of land for which a Stormwater Pollution Prevention Plan is required to be submitted to the city pursuant to Chapter 52 of this Code.

 

 

 

 

 

 

 

 

 

 

 

SECTION 4.

 

Article 13-A of Chapter 30, Fees, of the Code of Ordinances of the City of Tonawanda, New York, is hereby created to read as follows:

 

ARTICLE 13-A.  STORMWATER MANAGEMENT.

 

Sec. 30-376.  Stormwater Pollution Prevention Plans and Inspections.

        In addition to any other fees required by law, any person undertaking a construction activity regulated by chapter 52 of this code shall, upon submission of a Stormwater Pollution Prevention Plan (SWPPP) to the city, pay the following fees for review of the SWPPP and any subsequent revisions thereto and for related inspections authorized by chapter 52 of this code.  Such fees may be amended by the common council from time to time by resolution. 

 

      A.   Fees for land development activities.  Any applicant or developer submitting a SWPPP to the city for a project to be completed in a single phase shall pay the city a fee based on the acreage of the entire development, in accordance with the following fee schedule.  Any applicant or developer submitting a SWPPP to the city for a project to be completed in multiple phases shall pay the city a fee based on the acreage of the entire development, including the acreage of subsequent phases that are part of a common scheme of development or sale, in accordance with the following fee schedule, and shall also submit the fees required under § 30-376B below.

     

Acreage of Entire Development            SWPPP Review and Inspection Fee

< 1 acre                                         $100.00

1- 5 acres                            $500.00

5-10 acres                            $850.00

over 10 acres                $850.00 + $300 for every 5 acres above 10 acres

 

B.   Fees for subsequent phases.  For all land development activities to be completed in multiple phases over time, the applicant or developer, in addition to the fee provided for in § 30-376A above, shall pay the city an additional five hundred dollars ($500.00) for each subsequent phase after the first phase of the project, to be paid at the beginning of each such subsequent phase.

 

SECTION 5.

 

Section 58-5 of the Code of Ordinances of the City of Tonawanda, New York, is hereby created to read as follows:

 

Sec. 58-5.  Stormwater management.

         If required for the proposed subdivision under Chapter 52 of this Code, the subdivider shall submit a Stormwater Pollution Prevention Plan (SWPPP) with the preliminary plat and final plat, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications, or disapprove the SWPPP pursuant to § 52-34B of this Code.  If a SWPPP is submitted pursuant to this section, the planning board shall not approve the preliminary or final plat or authorize the signing of the final plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Chapter 52 of this Code.

 

SECTION 6.

 

Section 58-32(q) of the Code of Ordinances of the City of Tonawanda, New York, is hereby created to read as follows:

 

(q)  Stormwater Runoff.  Streets shall be designed and constructed in accordance with any Stormwater Pollution Prevention Plan submitted by the subdivider pursuant to § 58-5 of this chapter.

 

 

 

SECTION 7.

 

Section 58-38 of the Code of Ordinances of the City of Tonawanda, New York, is hereby created to read as follows:

 

Sec. 58-38.  Stormwater Management.

    Subdivisions shall be designed and constructed in accordance with any Stormwater Pollution Prevention Plan submitted by the subdivider pursuant to § 58-5 of this chapter.

 

SECTION 8.

 

Section 82-444(1) of the Code of Ordinances of the City of Tonawanda, New York, is hereby amended to read as follows:

(1)    Surfacing and drainage.  Every automotive use area and access driveway thereto shall be surfaced with a durable and dustless material and shall be so graded and drained as to prevent surface water accumulation, except in accordance with a Stormwater Pollution Prevention Plan approved by the city in accordance with Chapter 52 of this Code

 

SECTION 9.

 

SEVERABILITY.    If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance.

 

SECTION 10.

EFFECTIVE DATE.   This ordinance shall be effective on the first day after it shall have been adopted as provided in Sections 2.023 and 2.047 of the Charter of the City of Tonawanda and upon publication of the title of this ordinance in an official newspaper of the City of Tonawanda.

 

CITY OF TONAWANDA

ORDINANCE ENTITLED “ILLICIT DISCHARGES”

 

An ordinance amending Chapter 66, Utilities, of the Code of Ordinances of the City of Tonawanda, in relation to the prohibition of illicit discharges, activities, and connections to the municipal separate storm sewer system.

 

BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF TONAWANDA AS FOLLOWS:

 

SECTION 1.

 

LEGISLATIVE INTENT.    The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the City of Tonawanda through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal and state law.  This ordinance establishes methods for controlling the introduction of contaminants into the Municipal Separate Storm Sewer System in order to comply with the requirements of the State Pollutant Discharge Elimination System (SPDES) General Permit for Municipal Separate Storm Sewer Systems (MS4s). In addition, this ordinance establishes the legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance.   

 

Additions to the Code of Ordinances of the City of Tonawanda are reflected by underlining.

Deletions to the Code of Ordinances of the City of Tonawanda are reflected by strikethroughs.

 

SECTION 2.

 

Section 66-171 of the Code of Ordinances of the City of Tonawanda is hereby amended by adding the following definitions:

 

        303(d) list means 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 contaminants, prepared periodically by DEC as required by Section 303(d) of the federal 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.

 

   Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of contaminants directly or indirectly to stormwater, 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.

 

   Construction activity means any activity requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised, including construction projects resulting in land disturbance of one or more acres.   Construction activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

 

Contaminant means 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, and agricultural waste and ballast discharged into water, any of which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of water quality standards. 

 

   Hazardous materials means 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 means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including but not limited to:

 

A.  any conveyance which allows any non-stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connection to the storm sewer 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

 

B. 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 means any direct or indirect non-stormwater discharge to the MS4, except as exempted in section 66-353.

class=Section2>

 

class=Section3>

Industrial activity means activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.

 

        MS4 means Municipal Separate Storm Sewer System.

 

   Municipal separate storm sewer system means a conveyance or system of conveyances (including  roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm sewers):

 

A.  owned or operated by the city;

 

B.  designed or used for collecting or conveying stormwater;

 

C.  which is not a combined sewer; and

 

D.  which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR § 122.2.

Non-stormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater.

 

Pollutant of concern means sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other contaminant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

 

   Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

 

        Special conditions means: 

A.  Discharge Compliance with Water Quality Standards. The condition that applies where the city 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 city must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

       

B.  303(d) Listed Waters. The condition in the city’s MS4 permit that applies where the MS4 discharges to a 303(d) listed water.  Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 

 

C.   Total Maximum Daily Load (TMDL) Strategy. The condition in the city’s MS4 permit where a TMDL including requirements for control of stormwater 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 stormwater allocations prior to September 10, 2003, the city was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

 

D.  The condition in the city’s MS4 permit 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 city must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the city must, within six (6) months of the TMDL’s approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

 

SPDES stormwater discharge permit means a permit issued by DEC that authorizes the discharge of contaminants to waters of the state. 

 

Stormwater means rainwater, surface runoff, snowmelt and drainage. 

 

Code enforcement officer (CEO) means an employee or officer of the city appointed by the Common Council to enforce this division.  The CEO shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel.

 

        TMDL means Total Maximum Daily Load.

 

        Total Maximum Daily Load means the maximum amount of a contaminant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that contaminant.                            

Wastewater means water that is not stormwater, is contaminated with contaminants and has been or will be discarded. 

 

SECTION 3. 

 

Division 6 of Chapter 66, Article 3 of the Code of Ordinances of the City of Tonawanda is hereby created to read as follows:

 

 

DIVISION 6.  STORM SEWERS

 

Sec. 66-351.  Purpose; intent.

The purpose of this division is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law.  This division establishes methods for controlling the introduction of contaminants into the MS4 in order to comply with the requirements of the SPDES General Permit for MS4s.  The objectives of this division are:  

 

A.  To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;

 

B.  To regulate the contribution of contaminants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater 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 division; and

 

E.  To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other contaminants into the MS4.

 

Sec. 66-352.  General provisions.

 

A.  Applicability. 

This division shall apply to all water entering the MS4 generated on any developed or undeveloped lands unless explicitly exempted by an authorized enforcement agency. 

B.  Responsibility for Administration. 

The CEO shall administer, implement, and enforce the provisions of this division.  Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the CEO as may be authorized by the city.  

 

C.  Conflict.  Where the conditions imposed by any provisions of this division are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. 

 

Sec. 66-353.  Discharge prohibitions.

 

Prohibition of Illicit Discharges.  No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided below.  The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited except as described as follows:

 

A.  The following discharges are exempt from discharge prohibitions established by this division, unless DEC or the city has determined them to be substantial contributors of contaminants: 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 sewers, 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 contaminants.  Such exempt discharges shall be made in accordance with an appropriate plan for reducing contaminants.

 

B.   Discharges approved in writing by the CEO 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 CEO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this division. 

 

C.   Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the CEO prior to the time of the test. 

 

D.  The prohibition of illicit discharges 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 DEC, 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.

 

Sec. 66-354.  Prohibition of illicit connections.

A.  The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.

 

B.  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.

 

C.   A person is considered to be in violation of this division if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

 

Sec. 66-355.  Prohibition against activities contaminating stormwater.

 

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 city’s MS4 SPDES stormwater discharge permit; or

 

(2) cause or contribute to the city being subject to a special condition. 

 

B.  Such activities include improper management of pet waste or any other activity that causes or contributes to violations of the city’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 city’s MS4 SPDES stormwater discharge permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the city’s MS4 SPDES stormwater discharge permit authorization.

 

Sec. 66-356.  Requirement to prevent, control, and reduce stormwater contaminants by the use of best management practices. 

 

Best Management Practices.  Where the CEO has identified illicit discharges or an activity contaminating stormwater, as defined in section 66-355, the city may require implementation of BMPs to control those illicit discharges and activities.

           

A.  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.

 

B.   Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, or an activity contaminating stormwater, as defined in section 66-355, may be required to implement, at said person’s expense, additional structural and non-structural BMPs to reduce or eliminate the source of contaminant(s) to the MS4.

 

C.  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 division.

 

Sec. 66-357.  Industrial or construction activity discharges. 

 

Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit.  Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the MS4.

 

Sec. 66-358.  Suspension of access to MS4. 

 

A.  Illicit Discharges in Emergency Situations.  The CEO 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 people, or to the MS4. The CEO 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 CEO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to people.

 

B.  Suspension due to the detection of illicit discharge.  Any person discharging to the MS4 in violation of this division may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The CEO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefore.  The violator may petition the CEO for a reconsideration and hearing.  Access may be granted by the CEO 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 CEO determines in writing that the illicit discharge has not ceased or is likely to reoccur.  A person commits an offense if the person reinstates MS4 access to the premises terminated pursuant to this division, without the prior approval of the CEO.

 

Sec. 66-359.  Access and monitoring of discharges.

 

A.  Applicability.  This paragraph applies to all facilities that the CEO must inspect to enforce any provision of this division, 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 division.

 

B.  Access to Facilities.

 

(1)  The CEO shall be permitted to enter and inspect facilities subject to regulation under this division as often as may be necessary to determine compliance with this division. 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 CEO.

 

(2)  Facility operators shall allow the CEO 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 division.

     

(3)  The city shall have the right to set up on any facility subject to this division such devices as are necessary in the opinion of the CEO to conduct monitoring and/or sampling of the facility’s stormwater discharge.

 

(4)   The city has the right to require the facilities subject to this division to install monitoring equipment as is reasonably necessary to determine compliance with this division.  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 stormwater flow and quality shall be calibrated to ensure their accuracy.

 

(5)  An unreasonable delay in allowing the CEO access to a facility subject to this division is a violation of this division. A person who is the operator of a facility subject to this division commits an offense if the person denies the CEO reasonable access to the facility for the purpose of conducting any activity authorized or required by this division.

 

(6)  If the CEO 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 division, 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 division or any order issued hereunder, then the CEO may seek issuance of a search warrant from any court of competent jurisdiction.

 

Sec. 66-360.  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 illicit discharges or contaminants 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 immediately 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 city 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 city 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.

 

Sec. 66-361.  Enforcement. 

 

A.    Notice of Violation.  When the CEO finds that a person has violated a prohibition or failed to meet a requirement of this division, he or 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)  That the city will seek civil remedies or criminal penalties, including the imposition of a criminal fine, as provided in section 66-361B; 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 further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

 

B.   Penalties.  Except as otherwise stated in this chapter, violations of this chapter are punishable as provided in section 1-7 of this Code.

 

Sec. 66-362.  Corrective measures.

 

A.  If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, then the CEO 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 CEO 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 CEO 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.

 

Sec. 66-363.  Injunctive relief.

 

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this division.  If a person has violated or continues to violate the provisions of this division, the CEO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

 

Sec. 66-364.  Alternative remedies.

 

A.  Where a person has violated a provision of this division, he or she may be given alternative remedies in lieu of a civil penalty, upon recommendation of the city attorney and concurrence of the CEO, where:

                                                                                                                       

(1)  The violation was unintentional;

 

(2)  The violator has no history of pervious violations of this chapter;

 

(3)  Environmental damage was minimal;

 

(4)  The violator acted quickly to remedy violation; and/or

 

(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 sewer stenciling or storm sewer marking; and/or

 

(3)  River, stream, or creek cleanup activities.

 

Sec. 66-365.  Violations deemed a public nuisance. 

 

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this division 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.

 

Sec. 66-366.  Remedies not exclusive.

 

The remedies listed in this division 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.

SECTION 4.

 

Section 66-231 of the Code of Ordinances of the City of Tonawanda, is hereby amended to read as follows:

 

Sec. 66-231.  Discharge to sanitary sewer.

         No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, sump pumps, yard foundations and ponds or lawn sprays into any sanitary sewer, except as provided by this Code.  Dechlorinated Wwater from swimming pools, and unpolluted industrial water, such as water drains, blowoff pipes or cooling water from various equipment, shall not be discharged into sanitary sewers if a closed storm sewer is available.  If a closed storm sewer is not available, such water may be discharged into the sanitary sewer by indirect connection whereby such discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of five gallons per minute, provided that the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this article.  Notwithstanding the foregoing, no materials other than stormwater shall be discharged into the MS4 except as provided in division 6 of this article.

 

SECTION 5.

 

Section 66-232 of the Code of Ordinances of the City of Tonawanda, is hereby amended to read as follows:

 

Sec. 66-232.  Discharge to storm sewer, combined sewer or natural outlet.

         Stormwater and all other unpolluted drainage containing no contaminants or pollutants shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the city engineer.  Industrial cooling water or unpolluted waters may be discharged, on approval of the city engineer, to a storm sewer, provided such waters contain no contaminants, or to a combined sewer or natural outlet.  Notwithstanding the foregoing, no materials other than stormwater shall be discharged into the MS4 except as provided in division 6 of this article.

 

SECTION 6.  

 

SEVERABILITY.  The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this ordinance 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 ordinance.

 

SECTION 7.

 

EFFECTIVE DATE.   This ordinance shall be effective on the first day after it shall have been adopted as provided in Sections 2.023 and 2.047 of the Charter of the City of Tonawanda and upon publication of the title of this ordinance in an official newspaper of the City of Tonawanda.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

17.       By the Council                                                              seconded by the Council

            Whereas, the new ordinance entitled “Stormwater Management” provides for an employee or officer of the City of Tonawanda to be designated by the Common Council to act as a Stormwater Management Officer (SMO), whose duties and responsibilities are set forth in the Stormwater Ordinance, now, therefore be it

 

 

 

 

            Resolved, that the City Engineer is hereby appointed as Stormwater Management Officer is to perform those duties and responsibilities as set forth in the Stormwater Management Ordinance.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

18.       By the Council                                                  seconded by the Council

            Whereas, the City of Tonawanda and the City of North Tonawanda have jointly requested funding under the New York State department of State Shared Municipal Services Incentive Grant Program for a Vermeer Stump Grinder, and

            Whereas, the grant requires the signing of an Intermunicipal Agreement between the participating municipalities for sharing responsibilities related to the grant, now, therefore be it

            Resolved, that Mayor Ronald J. Pilozzi is hereby authorized and directed to sign a Municipal Sharing Agreement with the City of North Tonawanda for the use and responsibilities of a stump grinder.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

19.       By the Council                                                  seconded by the Council

                        Resolved, that the Common Council authorizes and directs Mayor Ronald J. Pilozzi to enter into an agreement with Lakeshore Employee Testing Services Inc. for the Administration of a Drug and Alcohol Testing Program in the Fire Department.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

20.       By the Council                                                              seconded by the Council

            Resolved, that at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that the award of Environmental Engineering services to assist with the post closure monitoring and report of the Wales Avenue Landfill for 2008 be made to Stearns & Wheler, LLC, at a cost not to exceed $18,500.00.    

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

21.       By the Council                                                  seconded by the Council

             WHEREAS, the City of Tonawanda (“City”) and the Uniformed Professional Firefighters Association, Local 859, I.A.F.F., A.F.L.-C.I.O (“Union”) are parties to a collective bargaining agreement, and

            WHEREAS, certain members of the Union who are or were employed by the City commenced an action against the City in the United States District Court for the Western District of New York, Civil No. 06-CV-0071A(Sc), alleging claims for unpaid overtime under the Fair Labor Standards Act, and

            WHEREAS, the City does not admit that it or its agents or employees ever violated the Fair Labor Standards Act or any federal, state, local, or other regulation, rule, ordinance, statute or constitution, and

            WHEREAS, the parties to the lawsuit wish to resolve all issues in the action without further litigation, and

            WHEREAS, the parties to the lawsuit have negotiated a Settlement Agreement settling the pending lawsuit, and

            WHEREAS, the Settlement Agreement requires execution by the City and approval by the City Council of the City of Tonawanda prior to submission to the United States District Court for the Western District of New York for approval, and

            WHEREAS, the Union and the City have agreed that the City has established a 28 day work period for the purposes of the exemption from overtime requirements available to public employers found in 29 U.S.C. § 207(k), and

            WHEREAS, the Union and the City have negotiated a Memorandum of Agreement, annexed as Exhibit D to the Settlement Agreement and incorporated therein, now therefore be it

            RESOLVED, that the City Council of the City of Tonawanda authorized settlement of the lawsuit for a payment of $50,000 upon the terms and conditions set forth in the Settlement Agreement and be it further

RESOLVED, that the City Council of the City of Tonawanda approves of each and every term of the Settlement Agreement and be it further

            RESOLVED, that the Mayor be authorized and directed to execute the Settlement Agreement and be it further,

RESOLVED, that the Common Council approves the Memorandum of Agreement between the City and the Union negotiated by the Mayor’s office set forth as Exhibit D to the Settlement Agreement.      

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

22.       By the Council                                                              seconded by the Council

            Whereas, the City of Tonawanda and the Board of Education of the City of Tonawanda School District have for many years shared services; and

            Whereas, the City and the Board wish to continue the working relationship previously established by specifically incorporated into formal written agreements shared services regarding the Board’s use of the City’s salt storage facility and the Board’s use of the City’s gas pumps and

            Whereas, the written agreements have now been drafted as proposed agreements, now therefore be it

            Resolved, that Mayor Ronald J. Pilozzi is hereby authorized and directed to execute, on behalf of the City, the proposed shared services agreements between the City and the Board regarding the Board’s use of the City’s salt storage facility and use of the City’s gas pumps, subject to final approval by the City Attorney, Ronald C. Trabucco, as to form and content. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

23.       By Council President Zeisz                                     seconded by Councilmember Perkins

                        Resolved, that in recognition and compliance with the “New York State Open Meetings Law”, this Common Council will meet in Executive Session in the Common Council Chambers for the purpose of pending exempt City business, and further be it

Resolved, that upon conclusion of the above stated business matters, the meeting shall again be open to the general public.  The reason for the Executive Session is to discuss negotiations.                        .

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

 

Ed Gebera, 157 Brookside Terrace W. – On this water agreement that you have in here, I hope this isn’t a whole bunch of new hires for the City, is it? 

 

Council President Zeisz – No, no.

 

Ed Gebera – No new hires.

 

Council President Zeisz – No.

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Council President Zeisz – I’m going to make one comment and then I’ll turn to Mr. Davis.  I just want to take the opportunity to welcome Gary Waterhouse to the Council, wish him the best in his two years here with us, and also congratulate Ms. Perkins, Mr. Davis, Mr. Kossow for being re-elected to the Council. 

 

Councilmember Davis – I’d like to thank the fire/police for honoring us with their swearing in today.  They provide a vital service to our community and their actions are greatly appreciated.  This past weekend I attended Michele Iannello’s swearing in and I had the opportunity to sit down and talk with Chris Collins for a few minutes.  I’m excited about him taking over as County Executive.  He has surrounded himself, his transition team, and the people he has put in around him, with very bright, intelligent people, looking for good things out of him, both him and the Erie County Legislature, to help get the County back to where it belongs because as the County goes, we as a City also follow.  So, good luck to both the Legislator and to Executive Chris Collins.  And lastly, I’d like to congratulate everybody up here on being re-elected, and Gary, I look forward to working with you over the next two years.

 

Councilmember Kossow – I’d also like to congratulate all the gentlemen that were sworn in this evening as fire/police, and also Bill Kinmartin for all his service and dedication, and those other individuals that were also honored.  I also would like to welcome Gary.  I think he’s going to be a great addition to the Council.  And lastly, this past weekend I had the opportunity to go over to a little town called Key, New Hampshire which is just on the other side of the Vermont border, on behalf of Senator Clinton.  I was working.  There was a bus load of individuals that went from Buffalo and Rochester.  It was a great opportunity and the thing that struck me the most was the individuals of this small town, which was a little bit bigger than the City of Tonawanda, a little over 20,000 residents, but these people took much pride in being the first primary of the Presidential Election. They also were very well informed voters.  They took the primary very seriously and they wanted to make their best choice.  Hopefully that will rub off.  It seems like the last few years you get fewer and fewer people coming to the polls so hopefully this Presidential Election will get more people involved.  It would be nice to see everyone in this area take that pride into the Presidential Election. 

 

Councilmember Perkins – I’d also like to welcome Mr. Waterhouse.  It’s definitely been a different experience this evening for me.  I sat next to Blake for six years and, you know, tonight my chair hasn’t moved except for if I moved it.  Thank you very much.

 

Councilmember Waterhouse – Colleen, the night’s not over yet, so be careful. First of all, I’d like to thank everyone involved with the swearing-in ceremony for the fire/police.  I thought that was wonderful, being my first meeting, to see that.  And also, for the swearing-in ceremony for us, the Common Council.  I know the veterans, they’ve been through it before, but for the new guy, it was really exciting.  I was really proud to be part of that.  Second of all, while I was downtown, I had the opportunity to introduce myself to some of the people in the Downtown Merchants Association and I hope to have a nice rapore with them and the ongoing businesses down there.  Also, Bill Kinmartin and his wife Brandy, I saw them over the Christmas break and they gave me a nice tour of the Fire Station on William.  It occurred to me when we were sitting in there talking about the expansion that the only time I’d been in that building was to vote. So I figured if we’re going to spend that kid of money, I want to get a tour and Bill thank you very much, you and your wife, it was really appreciated. 

 

 

Mayor Pilozzi – I too would like to congratulate the fire/police on not only what happened tonight, but in addition, thank them for everything they do.  If you ever go by an emergency scene, whether it be fire or an accident, or anything like that, you always see them in attendance and they do a fine job and represent the City well.  Another person that I’d like to personally thank…..(turned tape over)….. and that’s Jan Bodie.  Jan Bodie I see on a daily basis.  She runs a very excellent operation.  She’s professional in every sense of the word and I’m glad to see that she’s sticking around for a while.  Obviously, I offer my congratulations to everybody that is sitting here today.  I look forward to working with our new member, Gary Waterhouse.  Come to find out, talking with my dad, there’s an association there that I wasn’t aware of, but it’s going to be challenging the next couple of years, and I’m sure Gary’s going to bring some expertise to the table.  I look forward to working with him and the rest of the individuals here.  So again, thanks to the fire/police and we look forward to everything that you do in the future.  Just keep our people safe.   That’s the main thing you guys do best and we’re looking forward to more of that. 

  

Council President Zeisz - At the risk of sounding repetitive, I’d also like to congratulate all the new members.  What I’d really like to say though is that I appreciate that you gave us the opportunity to have them sworn in at a Council meeting and I think it’s nice to be able to show the people that are here that we recognize the people, whether they are paid employees of the City, volunteers of the City, everyone who plays a role in being a part of this great community and I thank you and I thank them.  And I thank all of you for joining us this evening, and just for point of information, we are not meeting next week, we’re meeting on the 22nd and that will be our next formal meeting will be on the 22nd and then February we’ll go back to the normal first and third Tuesday.  So I thank everyone for joining us, have a great night and drive home safely. 

 

ADJOURNMENT

 

24.       By Councilmember Perkins                         seconded by Councilmember Waterhouse

            Resolved, that this Common Council adjourn until January 22, 2008.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

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