It is hereby determined that:
A. Uncontrolled drainage and runoff associated with land
development has a significant impact upon the health, safety and welfare
of the community.
B. Eroded soil endangers water resources by reducing
water quality and causing the silting of streams, lakes and other
water bodies, adversely affecting aquatic life.
C. Stormwater runoff and sediment transports pollutants
such as heavy metals, hydrocarbons, nutrients and bacteria to water
resources, degrading water quality.
D. Eroded soil necessitates repair and accelerates the
maintenance needs of stormwater management facilities.
E. Clearing, grading and altering natural topography
during construction tends to increase erosion.
F. Improper design and construction of drainage facilities
can increase the velocity of runoff, thereby increasing stream bank
erosion and sedimentation.
G. Impervious surfaces increase the volume and rate of
stormwater runoff and allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow.
H. Improperly managed stormwater runoff can increase
the incidence of flooding and the severity of floods that occur, endangering
property and human life.
I. Substantial economic losses can result from these
adverse impacts.
J. Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled and minimized through the regulation of
land development activities.
The purpose of this chapter is to safeguard
persons, protect property, and prevent damage to the environment in
the Town of North Greenbush, New York. This chapter will also promote
the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any land development activity
as it relates to erosion and sedimentation control and stormwater
management. This chapter seeks to meet these purposes by achieving
the following objectives:
A. Meet the requirements of minimum control measures
four (construction site stormwater runoff control) and five (post-construction
stormwater management) of the State Pollution Discharge Elimination
System (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 land development activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation (SPDES) General Permit for Construction Activities GP-02-01
or as amended or revised.
C. Minimize soil erosion and sedimentation impacts on
streams, water bodies, and neighboring properties.
D. Avoid excessive and/or unnecessary tree and vegetation
removal.
E. Minimize windblown soil associated with properties
being cleared and graded for development.
F. Maintain the integrity of watercourses and sustain
their hydrologic functions.
G. Minimize increases in the magnitude and frequency
of stormwater runoff to prevent an increase in flood flows and the
hazards and costs associated with flooding.
H. Minimize decreases in groundwater recharge and stream
base flow to maintain aquatic life, assimilative capacity, and water
supplies.
I. Facilitate the removal of pollutants in stormwater
runoff to perpetuate the natural biological function of water bodies.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURE
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities. Agriculture does not include
dude ranches or similar operations.
COMMENCEMENT OF CONSTRUCTION
The initial disturbance of soils associated with clearing,
grading, or excavating activities, or other construction activities.
CLEARING
Any activity that removes the vegetative surface cover.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, which serves as the
official guide for stormwater management principles, methods and practices.
EROSION
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
GRADING
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating,
soil disturbance, or placement of fill resulting in land disturbance
of equal to or greater than one acre. Also includes activities disturbing
less than one acre of total land area that are 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.
LICENSED/CERTIFIED PROFESSIONAL
A person currently licensed to practice engineering, or landscape
architecture in New York State or who is a certified professional
in erosion and sediment control (CPESC).
MINING
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
NOTICE OF INTENT (NOI)
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System General Permit for Stormwater Runoff for Construction
Activity (GP-02-01 or as amended or revised).
OPERATOR
The person, persons, or legal entity that owns or leases
the property on which the construction activity is occurring.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
PROJECT (MAJOR)
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed-use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. The operator of a major project must submit a
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls as per NYSDEC regulations.
PROJECT (MINOR)
Any land development activity associated with a permitted
agricultural use or single-family residential construction/subdivision
that disturbs between one acre and five acres and is not discharging
stormwater directly to a water body listed on NYSDEC's Section 303(d)
list of impaired water bodies. Snyders Lake is currently the only
water body in the Town of North Greenbush that is on this list due
to phosphorous levels associated with urban runoff. The operator of
a minor project must submit a SWPPP that addresses erosion and sedimentation
controls as per NYSDEC regulations.
REDEVELOPMENT
Refers to the reconstruction or modification to any existing,
previously developed land such as residential, commercial, industrial,
institutional, or road or highway that involves soil disturbance.
SEDIMENT
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.
SELECTIVE CUTTING
The cutting of more than 1/2 of the existing living trees
measuring six-inch diameter at breast height (DBH) in an area of one
acre or more, over a period of two consecutive years.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SITE DEVELOPMENT PERMIT
A work permit issued by the Town of North Greenbush Building
Department for the construction or alteration of ground improvements
and structures for the control of erosion, runoff, and grading.
SLOPES (SEVERE)
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
SLOPES (STEEP)
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
STABILIZATION
Covering or maintaining an existing cover or soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
STABILIZATION (FINAL)
All soil-disturbing activities at the site have been completed,
and a uniform perennial vegetative cover with a density of 80% has
been established or equivalent stabilization measures (such as the
use of mulches or geotextiles) have been employed on all unpaved areas
and areas not covered by permanent structures.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
STORMWATER MANAGEMENT OFFICER (SMO)
The Town Engineer and the Building Department Coordinator
are designated by the Town of North Greenbush as the SMO and are authorized
to enforce this chapter. The SMO is also designated by the Town of
North Greenbush to accept and review stormwater pollution prevention
plans (SWPPPs) and inspect stormwater management practices.
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 that
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water that 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.
WATERCOURSE
Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.
WATERCOURSE BUFFER
A horizontal distance 50 feet away from and parallel to the
high water level of a watercourse.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and the New York State Department of Environmental Conservation.
No application for a land development activity
shall be approved until the Town of North Greenbush Planning Board
and/or Town of North Greenbush Building Department has received a
stormwater pollution prevention plan (SWPPP) prepared in accordance
with the specifications contained herein and approved by the designated
Town Engineer, or designated agent.
A. For land development activity not subject to special
permit, site plan, or subdivision requirements, the designated Town
Engineer, or designated agent, shall review the SWPPP to determine
its completeness and conformance with the provisions herein.
B. Within 30 days of receipt of a SWPPP, or 60 business
days if the SWPPP identifies practices or designs that deviate from
the prescribed standards established by this chapter, the designated
Town Engineer, or designated agent, shall make a determination as
to whether the SWPPP is complete. If the SWPPP is deemed incomplete,
the applicant shall be notified in writing by the designated Town
Engineer, or designated agent, as to the deficiencies in the SWPPP
and the requirements for completeness.
C. Within 30 days after receiving a complete SWPPP, the
designated Town Engineer, or designated agent, shall notify the applicant
and the Town of North Greenbush Building Department, in writing, that
the Town of North Greenbush Building Department can:
(1) Approve the site development permit application;
(2) Approve the site development permit application subject
to such reasonable conditions as may be necessary to secure substantially
the objectives of this regulation, and issue the site development
permit subject to these conditions; or
(3) Disapprove the site development permit application,
indicating the reason(s) and procedure for submitting a revised application
and/or submission.
D. Failure of the designated Town Engineer, or designated
agent, to act on a complete original or revised SWPPP within 30 days
of receipt shall authorize the applicant to proceed in accordance
with the site development plans as filed unless such time is extended
by agreement between the applicant and the Town of North Greenbush
Building Department. Pending preparation and approval of a revised
SWPPP, land development activities shall not be allowed to proceed.
Nothing herein shall relieve an applicant's need to obtain a work
permit as required by Town of North Greenbush Building Department
or file a notice of intent (NOI) with the New York State Department
of Environmental Conservation.
E. For land development activity subject to special permit,
site plan, or subdivision requirements, the responsible board shall
incorporate the required SWPPP into the review process, allowing for
public review and comment on the SWPPP. The responsible board, shall
require the designated Town Engineer, or designated agent, to determine
the adequacy of the SWPPP. For projects subject to subdivision requirements,
final plat approval shall not be granted until the Planning Board
has received a SWPPP prepared in accordance with the specifications
contained herein.
F. In its review of the SWPPP, the responsible board may consult with the designated Town Engineer, or designated agent, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation, or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with §
165-16 herein.
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual as stipulated in §
165-10 of this chapter.
A. The SWPPP shall include the following:
(1) A written narrative identifying the project's scope,
including the location, type, and size of the project.
(2) A 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; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of stormwater
discharge(s). The specific location(s), size(s), and length(s) of
each erosion and sediment control practice shall also be shown. Site
maps/construction drawings shall be at a scale no smaller than one
inch equals 100 feet.
(3) A natural resources map identifying existing vegetation;
on-site and adjacent off-site surface water(s), wetlands, and drainage
patterns that could be affected by the construction activity; and
existing and final slopes.
(4) A description of soil(s) present at the site along
with any existing data that describes the stormwater runoff characteristics
at the site.
(5) A 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. Phasing
shall identify the expected date on which clearing will begin, the
estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation. Consistent with the New York
Standards and Specifications for Erosion and Sediment Control, there
shall not be more than five acres of disturbed soil at any one time
without prior written approval from the Department of Environmental
Conservation.
(6) A description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges
and runoff.
(7) A 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.
(8) A description of the 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. Depending upon the
complexity of the project, the drafting of intermediate plans may
be required at the close of each season.
(9) The dimensions, material specifications (e.g., seeding
mixtures and rates, types of sod, kind and quantity of mulching) and
installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment basins.
Temporary practices that will be converted to permanent control measures
shall be shown.
(10)
An implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and the duration that each practice should remain in place.
(11)
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practices,
including estimates of the cost of maintenance.
(12)
Name(s) of the receiving water(s) and any existing
data that describes the stormwater runoff at the site.
(13)
Identification of the person or entities responsible
for implementation of the SWPPP for each part of the site.
(14)
A description of structural practices 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.
(15)
A site map/construction drawing(s) of each post-construction
stormwater practice, including a description of each post-construction
stormwater control practice, including specific location(s) and size(s),
dimensions, material specifications and installation details.
(16)
The New York State Stormwater Management Design
Manual shall serve as the technical design standard. Deviations from
this Design Manual are permitted subject to review and approval by
the New York State Department of Environmental Conservation within
60 business days of receipt of a completed notice of intent (NOI).
B. For major projects, the following shall also be provided
in the SWPPP:
(1) A hydrologic and hydraulic analysis for all structural
components of the stormwater control system for the applicable design
storms.
(2) A comparison of post-development stormwater runoff
conditions with predevelopment conditions.
(3) Maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater control practice.
(4) Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair.
(5) Easements shall be recorded on the plan and shall
remain in effect with transfer of title to the property.
(6) Inspection and maintenance agreement binding on all
subsequent landowners served by the on-site stormwater management
measures required by this chapter.
The SWPPP shall be prepared by a licensed/certified
professional. The SWPPP must be signed by the professional preparing
the plan and shall make the following certification:
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel
properly gathered and evaluated the information submitted. Based on
my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that false statements made herein are punishable
as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law."
Any land development activity shall not result
in:
A. An increase in turbidity that will cause a substantial
visible contrast to natural conditions in surface waters of New York
State; or
B. An increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
uses; or
C. Residue from oil and floating substances, nor visible
oil film, or globules of grease.
The applicant or developer of the land development
activity or his/her representative 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 50%.