No application for approval of a land development activity shall be
reviewed until the appropriate council or board has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the specifications
in this chapter. The submittal shall include:
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 at a scale of no smaller than one inch equals 100 feet; 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 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 New York Standards
and Specifications for Erosion and Sediment Control (Erosion Control Manual),
not more than three 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.
A.
Land development activities as defined in § 414-3 and meeting Condition 1, 2 or 3 below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B below as applicable:
(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.
B.
SWPPP requirements for Conditions 1, 2 and 3:
(2)
Description of each post-construction stormwater management
practice;
(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;
(8)
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;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article IV, below.
(10)
For Condition 1, the SWPPP shall be prepared by a landscape
architect, certified professional or professional 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
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 become part of the
SWPPP for the land development activity.
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.