[Amended 10-28-2014 by L.L. No. 9-2014; 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
A.
No person shall commence or otherwise perform any land development
activity (major or minor) in the Village of Rye Brook that involves
a net increase of 400 or more square feet of impervious surface coverage
without first obtaining the proper stormwater management control permit
from the Village Public Works Department, and all other necessary
local, state and federal permits, and thereafter comply with the requirements
of this chapter.
B.
A stormwater pollution prevention plan (SWPPP) or stormwater management plan must be prepared by a New York State-licensed professional engineer, architect, land surveyor, or landscape architect and submitted for review and approval by the Village Superintendent of Public Works/Village Engineer prior to commencement of any major land development activity as defined by § 217-7 of this chapter. The SWPPP or stormwater management plan, including all forms and other application materials, shall be submitted in electronic file format acceptable to the Village Superintendent of Public Works/Village Engineer in addition to at least one signed original application form and three paper copies of all plans and surveys, or such other format or amount as determined by the Village Superintendent of Public Works/Village Engineer. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.
[Amended 10-16-2007 by L.L. No. 14-2007; 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
Stormwater control measures shall be selected by giving preference
to the best management practices for pollutant removal and flow attenuation
as specified in the NYS Stormwater Management Design Manual, the NYSDEC's
Reducing the Impacts of Stormwater Runoff from New Development, and
the Westchester County Best Management Practices Manual for Erosion
and Sediment Control. In addition, on-site stormwater management for
minor projects shall be designed for a concept termed "total volume
storage," which said concept requires all stormwater captured from
impervious surfaces to be contained within the site. The following
minimum design requirements shall apply to minor projects:
A.
It is the responsibility of an applicant to include sufficient information
in the stormwater management and erosion control and sediment plans
so that the plans may be evaluated with respect to the environmental
characteristics of the affected areas, the potential and predicted
impacts of the proposed activity on community waters and the effectiveness
and acceptability of those measures proposed for reducing or mitigating
adverse impacts.
B.
An application for stormwater management and erosion and sediment
control permits shall be made on forms provided by the Village, and
shall include the name(s) and address(es) of the owner, contract vendee,
or developer of the site, and of any consulting firm retained by the
applicant, together with the name and telephone number of the applicant's
principal contact at such firm. Each application shall include a certification
that any land clearing, construction, or development involving the
movement of earth shall be in accordance with the plans approved and
the permit issued. The permit will be valid for the same period as
the associated building or other municipal permits. Where a building
or other municipal permit is not issued, the stormwater management
and erosion and sediment control permits shall expire within 180 days
from the date of approval unless renewed by the Village Superintendent
of Public Works/Village Engineer.
C.
Required information.
(1)
Each application shall be accompanied by the following, unless specifically
waived by the Village Superintendent of Public Works/Village Engineer
based on the scope of the project:
(a)
A vicinity map.
(b)
A stormwater management and erosion and sediment control plan
for the site showing drainage patterns, on-site stormwater appurtenances,
wetlands, 100-year floodplain, and proposed use of the site, including
areas of excavation, grading and filling.
(c)
Stormwater management improvements, including calculations,
designs and special measures regarding safety and maintenance operations.
(d)
Stormwater conveyance system, including plans, designs and materials
to be used for improvements and erosion control in channel sections
of stormwater conveyance systems and erosion control measures at culvert
inlets and outfalls.
(2)
Stormwater shall be managed on site using stormwater control measures
designed to afford optimum protection of ground and surface waters.
Stormwater shall be calculated in accordance with the methodology
for determining stormwater volume and flow rates using the following
methods: For new residential construction and for renovations or additions
to existing homes on individual lots, stormwater management shall
be designed for "total volume storage" in which all runoff shall be
captured from all impervious surfaces and directed into an on-site
catchment system with no discount or consideration to a predeveloped
condition. Volume of runoff shall be the product of the tributary
impervious area and the design storm quantity.
[Amended 3-8-2022 by L.L. No. 3-2022]
(3)
Stormwater control measures shall be designed based upon the minimum
twenty-five-year design storm for local conditions. The design shall
consider all existing and new impervious surfaces, including but not
limited to roof areas, driveways, patios, deck areas, and walkways.
(4)
Stormwater control measures may include, but shall not be limited
to, dry wells of precast concrete, recharge structures, and infiltration
trenches. Such measures may also include natural and human-made landscape
features such as depressions, blind ditches, retention ponds, swales
and other such measures. Inlets to infiltration devices shall be protected
from sediment at all times in order to maintain their capacity.
(5)
Infiltration devices shall not be installed upgradient within 20
feet of the subsurface treatment system of a wastewater treatment
system. Infiltration devices for roadways, parking lots, and other
areas subject to vehicle traffic shall not be installed within 100
feet of any water well, wetland or water body.
(6)
Infiltration devices and buildings shall be designed to maintain
maximum attainable horizontal distance separation from wells, water
bodies and wetlands. Pumping stormwater shall not be permitted.
(7)
The bottom of any infiltration device shall be a minimum of two feet
above seasonal high groundwater mark and two feet above bedrock.
(8)
Temporary erosion controls shall be required to prevent siltation
of water bodies during construction.
No application for approval of a major land
development activity as defined in this chapter shall be reviewed
until the approval authority has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
chapter.
A.
It is the responsibility of an applicant to include
sufficient information in the stormwater management and erosion and
sediment control plans so that the plans may be evaluated with respect
to the environmental characteristics of the affected areas, the potential
and predicted impacts of the proposed activity on community waters
and the effectiveness and acceptability of those measures proposed
for reducing or mitigating adverse impacts.
B.
An application for stormwater management and erosion
and sediment control permits shall be made on forms provided by the
Village, and shall include the name(s) and address(es) of the owner,
contract vendee, or developer of the site, and of any consulting firm
retained by the applicant, together with the name and telephone number
of the applicant's principal contact at such firm. Each application
shall include a certification that any land clearing, construction,
or development involving the movement of earth shall be in accordance
with the plans approved and the permit issued. The permit will be
valid for the same period as the associated building or other municipal
permits.
C.
Required information.
(1)
Each application shall be accompanied by the following,
unless specifically waived by the Village Superintendent of Public
Works/Village Engineer based on the scope of the project:
[Amended 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
(a)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
[1]
Background information about the scope of the
project, including location, type and size of the project, the existing
zoning, North arrow, scale and legend.
[2]
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,
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 activity, existing and
final slopes, locations of off-site material, waste, borrow or equipment
storage areas, and the location(s) of stormwater discharges(s). The
site map should be at a scale no smaller than one inch equals 100
feet (e.g., one inch equals 500 feet is smaller than one inch equals
100 feet).
[3]
Existing topography of the site and adjacent
land clearly portraying the drainage patterns of the area, including
ditches, culverts, permanent or intermittent streams, wetlands or
water bodies, existing roads and sizes of existing culverts.
[4]
The location of existing buildings, structures,
utilities, water bodies, floodplains, drainage facilities, vegetative
cover, the size and species of all trees with trunk diameter greater
than 12 inches or more at a point 4 1/2 feet above ground level,
paved areas, watershed divides, and other significant natural or man-made
features on the site, and adjacent land within approximately 50 feet
of the property boundaries.
[5]
Description of the soil(s) present at the site.
[6]
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 New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
[7]
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.
[8]
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.
[9]
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 closeout.
[10]
A site map/construction drawing(s)
specifying the location(s), size(s) and length(s) of each erosion
and sediment control measure.
[11]
Dimensions, material specifications
and installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment basins.
[12]
Temporary measures that will be
converted to permanent control measures.
[13]
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.
[14]
Maintenance schedule to ensure
continuous and effective operation of the erosion and sediment control
practice.
[15]
Name(s) of the receiving water(s).
[16]
Delineation of SWPPP implementation
responsibilities for each part of the site.
[17]
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.
[18]
Any existing data that describes
the stormwater runoff at the site.
D.
Land development activities, as defined in § 217-7 of this chapter and meeting Condition 1, 2, 3, or 4 below, shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 217-10C as applicable:
[Amended 3-8-2011 by L.L. No. 1-2011]
(1)
Condition
1: Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
Department'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.
(2)
Condition
2: Stormwater runoff from land development activities disturbing five
or more acres.
(3)
Condition
3: Stormwater runoff from land development activity disturbing between
one and five acres of land during the course of the project, exclusive
of the construction of single-family residences and construction activities
at agricultural properties.
(4)
Condition
4: Stormwater runoff from land development activities disturbing between
one and five acres of land for a single-family residential subdivision
that will result in greater than twenty-five-percent impervious cover
at total build out.
E.
SWPPP requirements for land development activities
meeting Condition 1, 2, 3, or 4:
[Amended 3-8-2011 by L.L. No. 1-2011]
(2)
Description
of each post-construction stormwater management practice, including
documentation of the five-step planning process for stormwater management
using green infrastructure as outlined in the Design Manual using
the practices in Schedules B1, B2 and B3.[1]
[1]
Editor's Note: Said schedules are included at the end of this
chapter.
(3)
Site
map/construction drawing(s) showing the specific location(s) and size(s)
of each post-construction stormwater management practice.
(4)
Hydrologic
and hydraulic analysis for all structural components of the stormwater
management system for the applicable design storms.
(5)
Comparison
of post-development stormwater runoff conditions with predevelopment
conditions.
(6)
Dimensions,
material specifications and installation details for each post-construction
stormwater management practice.
(7)
Maintenance
schedule to ensure continuous and effective operation of each post-construction
stormwater management practice.
The SWPPP shall be prepared by a licensed landscape
architect or licensed engineer and must be signed by the professional
preparing the plan, who shall certify that the design of all stormwater
management practices meet the requirements in this chapter.
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.
A.
Each contractor and subcontractor identified in the
SWPPP to 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, the 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 become part of
the SWPPP for the land development activity.
A copy of the approved 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.
