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Cheektowaga, NY Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

SWPPP required before
any land development review
Plan reviewer
Town Engineer
Postconstruction control trigger
5+ acres disturbed
Sediment removal trigger
50% capacity reduction
Appeal window
15 days

Summary

Cheektowaga requires a Town Engineer-approved stormwater pollution prevention plan before any land development activity application can even be reviewed. The Town Engineer inspects and can hold maintenance easements over the resulting drainage facilities.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the Town Engineer has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Section 209-7A of Chapter 209 makes SWPPP approval a gateway requirement: no application for approval of a land development activity will be reviewed until the Town Engineer has received a stormwater pollution prevention plan meeting the chapter's specifications. Under § 209-4B, the Town Engineer reviews every plan directly, may hire a registered professional engineer to review it at the applicant's cost under a Town fee schedule, or may accept a licensed professional's certification of compliance. Projects disturbing five or more acres, discharging to an impaired waterway, or disturbing one to five acres outside single-family and agricultural construction must also include postconstruction water quantity and quality controls under § 209-7B(2)-(3), including hydrologic analysis and a maintenance easement binding future owners.

Section 209-9B requires a recorded maintenance easement before any approval conditioned on a stormwater facility, giving the Town access for periodic inspection, and § 209-9A requires sediment to be removed from traps or ponds once design capacity drops by half, with qualified-professional inspections every seven days during active construction on larger projects.

Violations & Fines

The Town can issue a written notice of violation and a stop-work order under § 209-14A-B, appealable within 15 days of service, and unresolved violations can be restrained by injunction under § 209-14C. Fines run up to $350 for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 for a third or later offense within five years, each with up to six months' imprisonment possible, and each week of continued violation is a separate offense. The Town may also withhold a certificate of occupancy and, if an owner fails to restore disturbed land after notice, perform the restoration itself and place a lien on the property for the cost.

Frequently Asked Questions

Do I need a stormwater plan before Cheektowaga will review my development application?
Yes. Section 209-7A bars the Town from even reviewing a land development application until the Town Engineer has received a complete stormwater pollution prevention plan meeting Chapter 209's specifications.
Who inspects stormwater facilities in Cheektowaga after they are built?
The Town Engineer holds inspection access through a recorded maintenance easement under § 209-9B, and owners must maintain a preventive maintenance program and remove sediment once a trap or pond's capacity drops by half per § 209-9A.
What can Cheektowaga do if a stormwater violation is not fixed?
The Town Engineer can issue a stop-work order, withhold a certificate of occupancy, and if the owner does not restore the land after notice, the Town may perform the restoration itself and place a lien on the property for the cost under § 209-14E-F.

Sources & Official References

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