A.
SWPPP requirement. No application for approval of a land
development activity shall be reviewed until the appropriate officer or board
has received a SWPPP prepared in accordance with the specifications in this
chapter and until all necessary fees and deposits have been paid.
B.
Contents of SWPPP.
(1)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
(a)
Background information about the scope of the project,
including location, type and size of project;
(b)
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance; clearing areas; 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 construction
and clearing activity; existing and final slopes; locations of off-site material,
waste, borrow, or equipment storage areas; and location(s) of the stormwater
discharges(s). The site map should be at a scale no smaller than one inch
equals 100 feet;
(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 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 duration(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) and locations 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 (postconstruction
stormwater runoff controls) as set forth below as applicable:
(a)
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either impaired water identified
on the DEC's 303(d) list of impaired waters, or such superseding list
as may be prepared by DEC, or a total maximum daily load designated watershed
for which pollutants in stormwater have been identified as a source of the
impairment.
(b)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: Stormwater runoff from land development
activity disturbing at least one but less than five acres of land during the
course of the project.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Narrative description of each postconstruction stormwater
management practice.
(c)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction 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 postdevelopment stormwater runoff conditions
with predevelopment conditions.
(f)
Dimensions, material specifications, and installation
details for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction 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.
(i)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 175-10B of this chapter.
(j)
For Condition A, the SWPPP shall be prepared by a certified
professional or professional engineer and must be signed by the professional
who prepared the plan, who must certify that the design of all stormwater
management practices meet the requirements of this chapter.
C.
Plan certification. The SWPPP shall be prepared and signed
by a licensed landscape architect, certified professional, or professional
engineer who shall certify that the design of all stormwater management practices
meet the requirements in this chapter.
D.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been acquired for the
land development activity prior to approval of the final stormwater design
plan. Copies of such permits shall be submitted to the Village.
E.
Contractor certification.
(1)
Each contractor and subcontractor identified in the SWPPP
who will be involved in clearing, 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:
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"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."
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(2)
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.
(3)
The certification statement(s) shall become part of the
SWPPP for the land development activity.
F.
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.
All land development activities shall be subject to the following performance
and design criteria:
A.
Technical standards. For the purpose of this chapter,
the following documents issued by the DEC shall serve as the official guides
and specifications for stormwater management. Stormwater management practices
that are designed and constructed in accordance with those technical documents
shall be presumed to meet the standards imposed by this chapter:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards, the applicant or developer must demonstrate equivalence to the technical standards above (Subsection A) and the SWPPP shall be prepared by a qualified professional.
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.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity
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 25%.
(2)
For land development activities that meet Condition A, B or C [§ 175-9B(2)(a), (b) and (c)], the applicant or developer shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)
For grading and clearing, a qualified professional shall
be present at all times when such activity occurs and shall inspect and document
the effect 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 Village 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 Clerk of the County of Nassau after approval
by counsel for the Village.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance with
this chapter shall be 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.
D.
Maintenance agreements. The Village shall approve a formal
maintenance agreement for stormwater management facilities binding on all
subsequent landowners and recorded in the office of the Clerk of the County
of Nassau as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of this chapter. The Village or another municipality, 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.
