The purpose of this article 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 above. This
article seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 (Construction runoff)
and 5 (Post-construction maintenance) of the SPDES General Permit
for Stormwater Discharges from Municipal Separate Stormwater Sewer
Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
B. Require work on real property 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 GP-02-01, or as amended or revised;
C. Minimize increases in stormwater runoff from activities on real property
in order to reduce flooding, siltation, increases in stream temperature,
and streambank erosion and maintain the integrity of stream channels;
D. Minimize or decrease pollution caused by stormwater runoff from activities
on real property which would otherwise degrade local water quality;
E. Minimize or decrease the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable;
F. Reduce or decrease 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. Specific
consideration of stormwater runoff shall be provided to critical watersheds;
and
G. Eliminate unstable soil conditions and the production of noxious
gases which result from improper stormwater practices, improper grading
practices, improper clearing of vegetation and the burial of vegetative
and other wastes.
The terms used in this article or in documents prepared or reviewed under this article shall have the meanings as set forth in this section. If a term is not defined in this section, then the definition provided in Article
I or Article
XVI of this chapter shall apply. Any conflict between a definition provided in Article
I or Article
XVI and this article shall be resolved in favor of the definition provided below.
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.
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.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, as
amended. This manual serves as the official guide for stormwater management
principles, methods and practices.
EROSION CONTROL MANUAL
The New York Standards and Specifications for Erosion and
Sediment Control Manual, as amended. This is commonly known as the
"Blue Book."
GREEN INFRASTRUCTURE
The use of vegetation, soils and other natural elements and
practices to manage stormwater.
IMPERVIOUS COVER
Surfaces, improvements and structures that cannot effectively
be infiltrated by rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The 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
An 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 an activity disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules. 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.
MAINTENANCE AGREEMENT
A document which provides for long-term maintenance of stormwater
management practices. It is anticipated this document will be recorded
in the Albany County Clerk's office and will act as a property deed
restriction or encumbrance.
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
Any construction or development activity upon real property.
RECHARGE
The replenishment of underground water reserves.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
SMP
See "stormwater management practices."
SPDES
The New York State Pollutant Discharge Elimination System.
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 nonstructural 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
The Zoning Officer of the City of Cohoes as designated in
this chapter shall act as the Stormwater Management Officer, and as
such, and together with the City Engineer and Code Enforcement Officer,
shall accept and review stormwater pollution prevention plans, forward
the plans to the applicable department, inspect stormwater management
practices, and enforce this article.
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.
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 man-made 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.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
The following activities are exempt from the permit requirements
under this article. However, even those projects which are exempt
from the permit requirements must meet the standards set forth in
this article.
A. Agricultural activity as defined in this article.
B. 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 stormwater management facility.
C. Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
E. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
F. Emergency activities immediately necessary to protect life, property
or natural resources.
G. Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
H. Landscaping and horticultural activities in connection with an existing
structure that does not change the drainage patterns.
I. Creation or restoration of wetlands pursuant to a state or federal
wetlands permit.
Every soil disturbance shall meet the criteria set forth in
the New York Standards for Erosion and Sediment Control (also known
as the "Blue Book"). Also, all land development activities shall be
subject to all of the following performance and design criteria:
A. Technical standards. For the purpose of this article, 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 article:
(1)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the Erosion Control Manual or the Blue Book);
(2)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual");
(3)
The City of Cohoes Standard Format for Stormwater Management
Plans and Reports.
[Note: The New York State technical guidance documents may be
ordered from DEC. An order form as well as downloadable versions of
the Manuals are available at http://www.dec.state.ny.us.]
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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 the Design Manual and the SWPPP shall be prepared by a landscape
architect, certified professional in erosion and sediment control
(CPESC), soil scientist or professional engineer.
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.
D. Permitting process; additional standards.
(1)
Applications shall be made on forms prescribed by the City therefor,
which shall be accompanied by the required fee, if any, established
by the Board of Managers.
(2)
The Stormwater Management Officer shall review the application
and act to approve, approve with modification, or deny the requested
SWPPP.
(3)
In the event that the submittal is denied, the applicant may
have the decision reviewed by the Zoning Board of Appeals.
(4)
The smallest practical area of land shall be exposed at any
one time during the project.
(5)
When land is exposed during development, the exposure shall
be kept to the shortest practical period of time.
(6)
To protect areas in excess of one acre exposed for a period
over two weeks during development, the following controls shall be
applied:
(a)
Temporary vegetation, mulch, geotextiles, and/or emulsion shall
be provided as needed to prevent soil erosion. Application of these
materials shall be by approved equipment.
(b)
On areas that will be exposed for short periods of time (daily),
where weather conditions are conducive to airborne soil particles,
a construction fence shall be installed, as directed by the SMO.
(c)
On areas such as temporary roadways, when dry conditions prevail,
the contractor shall be required to apply water or take other measures
as required to prevent dust during daily construction activities.
(7)
Sediment basins, debris basins, silting basins, silt fencing,
or silt traps shall be installed and maintained to remove sediment
from runoff waters on lands undergoing development.
(8)
Permanent final vegetation and structures shall be installed
as soon as practical in the development.
(9)
The development plan should be fitted to the type of topography
and soils so as to create the least erosion potentials.
(10)
Wherever feasible, natural vegetation should be retained and
protected.
(11)
In areas of proposed fill, all existing vegetation and other
organic material, including the root mat, shall be removed prior to
placement of fill. The material shall be disposed of in an appropriate
off-site facility, or processed for reuse on site in a manner that
will not be conducive to adverse effects of decomposition, such as
the production of odors or of concentrations of noxious or explosive
gases, or the creation of unstable subsurface conditions. The proposed
method of on-site processing and reuse shall be specified in the permit
application and may require certification by a licensed professional
engineer as a safe and effective means of disposal.
(12)
No vegetation or other waste materials shall be buried on the
site.
(13)
All fill placed on the site shall be as free of organic material
as is practicable.
E. Deposit, performance of site work; inspection.
(1)
To ensure that the site work is performed in accordance with
the controls of this article, before obtaining approval the applicant
shall deposit with the Treasurer of the City of Cohoes a cash escrow
as set forth in the fee schedule promulgated by the Board of Managers
by resolution.
(2)
Said site work shall be performed and completed in accordance
with the approved plan and schedule of vegetation removal and disposal,
grading, construction operation and erosion control methods on file
with the Stormwater Management Officer at the time of issuance of
the approval.
(3)
Upon completion of the site work set forth in the plan, the applicant will request the City Engineer or his designee to inspect the work; upon approval of the site work, the Engineer will direct the Treasurer to release all of the applicant's money deposited pursuant to Subsection
E(1) above.
(4)
Upon the failure of the applicant to perform the site work in accordance with the site plan submitted as aforesaid, the City of Cohoes and/or its agents shall be permitted to enter upon the premises and complete the necessary site work and charge the cost of the site work to the funds on deposit with the Treasurer pursuant to Subsection
E(1) above, and the Treasurer shall be authorized to pay any charge or charges approved by the City Engineer without further approval of the applicant. If the City should undertake completion of any site work upon the applicant's failure to do so, any sums remaining on deposit with the Treasurer after completion of said site work shall be returned to the applicant.
The City of Cohoes may require any person undertaking activities
regulated by this article to pay reasonable costs at prevailing rates
for review of SWPPPs, inspections, or SMP maintenance performed by
City personnel or performed by a third party for the City of Cohoes.