A. 
Land disturbance activities and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition. This stormwater runoff contributes to increased quantities of water-borne pollutants. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.
B. 
During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates maintenance and/or repair of sewers and ditches and the dredging of waterways. In addition, clearing and/or grading during construction tends to increase soil erosion and causes the loss of native vegetation necessary for terrestrial and aquatic habitat and to provide a healthy living environment for citizens of the City of Rochester. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow. Regulation of land disturbance activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
C. 
As a result, the purpose of this Part is to safeguard public health, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land in the City of Rochester. It seeks to meet those purposes by achieving the following objectives:
(1) 
Require land disturbance activities 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 or as amended or revised;
(2) 
Meet the requirements of minimum measures 4 and 5 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;
(3) 
Minimize increases in stormwater runoff from land disturbance activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
(4) 
Minimize increases in pollution caused by stormwater runoff from land disturbance activities which would otherwise degrade local water quality;
(5) 
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
(6) 
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
These regulations shall be known and may be cited as the "Regulations for the Issuance of Site Preparation Permits in the City of Rochester."
All site preparation and associated activities requiring a site preparation permit shall be in conformance with the provisions set forth herein.
The Commissioner of Neighborhood and Business Development or his or her legal representative shall be the authority having jurisdiction for the purpose of administering these regulations. The City Engineer shall be the legal representative of the Commissioner for the purposes of site work within the right-of-way.
As used in this article, in addition to the terms defined in § 39-201, the following terms shall have the meanings indicated:
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.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land disturbance activity.
CERTIFICATE OF COMPLETION
A signed statement by the Commissioner that specific construction has been inspected and found to comply with all grading plans and specifications.
CITY ENGINEER
The City Engineer of the City or an authorized representative.
CLEARING
Any activity which removes the vegetative surface cover.
COMMISSIONER
The Commissioner of Neighborhood and Business Development or his or her legal representative.
DESIGNATED AGENT
Individual(s) directed by the City of Rochester to conduct site inspections and/or perform other municipal duties.
DRAINAGE
The gravitational movement of water or other liquids by surface runoff or subsurface flow.
EARTHWORK
Construction activities, including clearing, grading, excavating, soil disturbance or placement of fill, that result in land disturbance.
EROSION
The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
EROSION CONTROL
Measures that minimize erosion.
EXCAVATION OR CUT
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and also included shall be the conditions resulting therefrom.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
FINAL STABILIZATION
All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with density of 80% has been established or equivalent measures such as the use of mulches or geotextiles have been employed on all unpaved areas and areas not covered by permanent structures.
GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
A permit issued to developers of construction activities to regulate disturbance of one or more acres of land.
GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
A permit issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
GRADING
Any stripping, excavating, filling, stockpiling or any combination thereof, and also included shall be the land in its excavated or filled condition.
INSPECTOR OF RECORD
A person who is hired by the owner to monitor the site preparation and SWPPP requirements on a regular basis and prepare reports.
LAND DISTURBANCE ACTIVITY
Construction 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 activities 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 disturbance activities may take place at different times on different schedules.
LICENSED PROFESSIONAL
A person currently licensed to practice engineering in New York State or a registered landscape architect.
MULCHING
The application of a layer of plant residue or other material for the purpose of effectively controlling erosion.
NEW YORK STANDARDS AND SPECIFICATIONS FOR EROSION AND SEDIMENT CONTROL
The most recent version of this publication which is commonly known as the "Blue Book."
NEW YORK STATE STORMWATER MANAGEMENT DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
NOTICE OF INTENT (NOI)
Letter sent to the New York State DEC from an owner or his, her or its representative informing the DEC of his or her intent to undertake a project requiring a SPDES permit.
NOTICE OF TERMINATION (NOT)
Letter sent to the New York State DEC from an owner or his, her or its representative informing the DEC that the construction phase of the project has been completed.
PERMANENT SOIL EROSION CONTROL MEASURE
Those control measures which are installed or constructed to control soil erosion and which are maintained after completion of the project.
PERMIT
Site preparation permit.
PHASING
Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of erosion and sediment controls, such as a licensed professional engineer or a registered landscape architect.
RATIONAL METHOD
A method of estimating the runoff in a drainage basin at a specific point and time by means of the rational runoff formula.
RESPONSIBLE INDIVIDUAL
As related to inspection of construction site erosion controls, any person with an in-depth understanding of the principles and practices of erosion and sediment control, stormwater management and the proper procedures and techniques for the installation and maintenance of erosion and sediment control features.
SEDIMENT
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin by erosion.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SILVICULTURAL ACTIVITY
Activities that control the establishment, growth, composition, health and quality of forests and woodlands.
SITE
A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SITE PLAN APPROVAL
The examination and subsequent authorization to proceed with a project based upon a drawing prepared to specifications and containing necessary elements which show the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan.
SITE PREPARATION
Site preparation shall include but is not limited to filling, stripping of vegetation, grading or altering existing topography for any purposes whatsoever.
SOIL
All unconsolidated mineral or nonliving organic material of whatever origin which overlies bedrock.
SPDES
State Pollution Discharge Elimination System.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
A permit issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
A permit issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land disturbance activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff, pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER MANAGEMENT OFFICER
The Commissioner or his/her authorized representative shall be the Stormwater Management Officer for all work outside the right-of-way, and the City Engineer shall be the Stormwater Management Officer for all work within the right-of-way. A consultant cannot be appointed as a Stormwater Management Officer. The Stormwater Management Officer shall accept and review stormwater pollution prevention plans and inspect stormwater management practices.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
The flow on the surface of the ground, resulting from precipitation.
STRIPPING
Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
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.
TEMPORARY SOIL EROSION CONTROL MEASURES
Interim control measures which are installed or constructed for the control of soil erosion until permanent soil erosion control is effected.
TOPSOIL
The natural surface layer of soil, usually darker than subsurface layers, to a depth of at least six inches within an undisturbed area of soils.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood or stormwater.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLANDS
Areas of aquatic or semiaquatic vegetation, or any areas which have been mapped as such by the New York State Department of Environmental Conservation under the New York State Freshwater Wetlands Act or the United States Department of the Interior, Fish and Wildlife Service for the National Wetlands Inventory.
A. 
None of the following activities shall be commenced until a permit has been issued pursuant to the provisions of this part:
(1) 
Site preparation within wetlands.
(2) 
Site preparation on slopes which exceed 1 1/2 feet of vertical rise for each 10 feet of horizontal distance, as determined by a topographical survey.
(3) 
Site preparation within the floodplain of any watercourse.
(4) 
Excavation which affects more than 50 cubic yards of material within any parcel or any contiguous area not associated with building construction.
(5) 
Stripping which affects more than 10,000 square feet of ground surface within any parcel or any contiguous area.
(6) 
Grading which affects more than 10,000 square feet of ground surface within any parcel or any contiguous area.
(7) 
Filling which exceeds a total of 50 cubic yards of material within any parcel or contiguous area.
B. 
Exemptions. The following activities are exempt from review under this Part:
(1) 
Any emergency activity which is immediately necessary for the protection of public health, property or natural resources.
(2) 
Agricultural activity as defined in this Part.
(3) 
Silvicultural activity, except that landing areas and log haul roads are subject to this Part.
(4) 
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 facility.
(5) 
Repairs to any stormwater treatment practice deemed necessary by the City of Rochester.
A. 
Prior to the start of construction requiring a permit under § 39-405, an application shall be filed with the Commissioner, and the application shall have been approved and a permit issued pursuant to the provisions of these regulations.
B. 
At the time of filing an application for a permit, a fee of $250 if no SWPPP is required or $750 if a SWPPP is required shall be made payable to the City Treasurer.
C. 
The Stormwater Management Officer shall have the authority to recommend that a permit application be approved or denied. The Stormwater Management Officer shall also have the authority to recommend the approval of a permit subject to conditions.
D. 
The Commissioner shall make a recommendation to grant or deny all permits within 60 days after the date of filing of a complete application unless the applicant and the Manager consent to a time extension.
E. 
The Commissioner shall recommend a reasonable time limit for the termination of the permit and may recommend any conditions which are deemed necessary to assure compliance with the provisions of these regulations. In no event shall the overall total time schedule for completion of the project exceed 12 months.
F. 
The Commissioner shall cause inspections to be performed as required to assure compliance with the terms and conditions of the approved permits and to submit written notification to the Commissioner of any violations of these terms or provisions.
G. 
If at any time during the effective period of a permit the terms of the permit are violated, the Commissioner may revoke the permit in accordance with the procedures set forth in § 39-210H of the City Code.
A. 
The application for a permit regulated by these procedures shall be made to the Commissioner in such form as the Commissioner shall prescribe.
B. 
The application shall be made by the owner or by an authorized agent, including but not limited to an architect, engineer, occupant of the property or contractor employed in connection with the proposed work.
C. 
The application shall contain:
(1) 
A site map of the total site area and construction drawings prepared by a civil engineer, landscape architect or land surveyor licensed and registered to practice in the State of New York. The site plan shall be prepared at a scale no smaller than one inch to 20 feet and shall indicate existing and proposed contours at horizontal intervals not to exceed one foot; all improvements; areas of disturbance; areas that will not be disturbed; on-site surface water(s), including receiving waters (name of the water), streams, ponds, culverts, ditches, and wetlands as well as drainage patterns that could be affected by the construction activity; existing and final slopes; locations of utilities, roads, soils types, all areas of vegetation, including areas of grass, brush, tree clusters and wood areas, and caliper size of mature trees and shall also indicate the areas where topsoil is removed and stockpiled and where topsoil is ultimately placed; significant natural and man-made features not otherwise shown; proposed concrete cleanout basin(s) and construction entrance; location(s) of the stormwater discharges(s); resources protected under other chapters of this code or by easements; rights-of-way.
(2) 
A description of the material used in filling operations, the total volume of material proposed to be deposited on site and a listing of the points of origin of the proposed fill material which include:
(a) 
The name, address, and telephone numbers of the owner of the source material.
(b) 
The street address, town, village, city, county and tax account number of location of point of origin for source material.
(c) 
A notarized affidavit signed by the owner of the source material which states that the material has been tested and found free of any hazardous waste and complies with the requirements set forth in § 39-408A(7). A copy of the test results, performed by an authorized testing agency, shall be included as part of the affidavit.
(3) 
A time schedule which indicates:
(a) 
The anticipated start of construction and completion dates.
(b) 
The anticipated duration (in days) of the exposure of all major areas of site preparation before the installation of erosion and sedimentation control measures.
(4) 
A performance bond or letter of credit in increments of $10,000 for each 5,000 cubic yards or fractions thereof of material scheduled for placement on site. The bond shall not be released until it has been determined by the Commissioner that the work has been completed in conformance with these regulations.
(5) 
Any applicant requesting a site preparation permit for activity which would disturb equal to or greater than one acre (43,560 square feet) of land and requiring a notice of intent (NOI) shall also include with the submission a stormwater pollution prevention plan (SWPPP) that shall be reviewed and approved by the Stormwater Management Officer prior to issuance of the site preparation permit. A SWPPP which also addresses Subsection C(1) through (5) of this section may be accepted as fulfilling the permit application materials requirements. The SWPPP shall be subject to the following additional requirements:
(a) 
The Stormwater Management Officer shall accept and review all SWPPPs. The Stormwater Management Officer may review the plans or accept the certification of a licensed professional that the plans conform to the requirements of this Part.
(b) 
The plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 39-404. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meets the requirements outlined in the City of Rochester design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Rochester.
(c) 
The requirements to have a SWPPP prepared by a qualified professional and to have the final plan signed and certified by a New York State licensed professional engineer (PE) are not applicable to land disturbance activities that meet New York State technical standards and are five acres or less occurring on a single-family residence, which is not part of a larger common plan of development, or an agricultural property. In addition, these land disturbance activities must not discharge directly to a 303(d)-impaired water body or must not be located in a total maximum daily load (TMDL) watershed.
(d) 
Background information about the scope of the project, including location, type and size of project and contact information that includes the name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the subject property or properties.
(e) 
Site map/construction drawing(s) for the project, including a general location map and a one inch equals 50 feet topographic base map of the site which extends a minimum of 50 feet beyond the limits of the proposed development. 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), including receiving waters (name of the water), streams, ponds, culverts, ditches, and wetlands as well as drainage patterns that could be affected by the construction activity; existing and final slopes; locations of utilities, roads, soils types, forest cover, and significant natural and man-made features not otherwise shown; locations of off-site material, waste, borrow or equipment storage areas, proposed concrete cleanout basin(s) and construction entrance; and location(s) of the stormwater discharges(s); and resources protected under other chapters of this code or by easements.
(f) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, final grading and landscaping, and any other activity at the site that results in soil disturbance. Sequencing shall identify the expected date on which clearing will begin and the estimated duration of exposure of cleared areas. Consistent with the New York State Standards and Specifications for Erosion and Sediment Control, not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP and a letter of permission from NYSDEC.
(g) 
A description of the pollution prevention measures that will be used to control litter and prevent construction chemicals and construction debris from becoming a pollutant source in the stormwater discharges; a description of construction and waste materials expected to be stored on site, with updates as appropriate; a description of controls that will be implemented to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater; and a description of spill prevention and response measures.
(h) 
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 disturbance to project closeout, including who will be responsible for the maintenance and implementation of said features at the site and what practices will be employed to ensure that adequate vegetative cover is established and preserved. For temporary and permanent vegetative control measures, the seeding mixtures and rates, types of sod, method of seedbed preparation, depth of topsoil, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching shall be provided.
(i) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(j) 
Illustration of all necessary erosion and sediment control measures, including the siting and sizing of any temporary sediment basins, and provide the dimensions, material specifications and installation details for each throughout all phases of construction and completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.
(k) 
Identification of all temporary practices that will be converted to permanent control measures.
(l) 
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.
(m) 
Identification of the parts or components of the SWPPP that require maintenance. Furthermore, it shall also provide a schedule of required maintenance and identify the party responsible for such work.
(n) 
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.
(o) 
Any existing data that describes the stormwater runoff at the site.
(p) 
Assurance that all other applicable environmental permits have been acquired for the site prior to initial land disturbance. Copies of the applicable environmental permits shall be provided to the City of Rochester.
(q) 
Assurance that the applicant or his or her "responsible individual" shall be on site at all times when earthwork takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
(r) 
Assurance that all contractors and subcontractors involved in soil disturbance and/or stormwater management practice installation and maintenance shall be identified in the SWPPP. All such contractors and subcontractors shall sign a copy of the following certification statement before undertaking any land disturbance activity at the site:
"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the SWPPP. I also understand that it is unlawful for any person to cause or contribute to a violation of the water quality standards."
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. The certification statement must be included in the SWPPP.
D. 
Modifications to the plan after approval.
(1) 
Major amendments of the SWPPP shall be submitted to the City of Rochester and shall be approved or disapproved. The applicant shall amend the SWPPP whenever:
(a) 
There is a significant change in design, construction, operation, or maintenance which may have a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not otherwise been addressed in the SWPPP; or
(b) 
The SWPPP proves to be ineffective in providing the proper stormwater pollution prevention and erosion and sediment control as required by this Part. Amendments to the SWPPP may be reviewed by the City of Rochester. A copy of the newly amended SWPPP must be provided to the City of Rochester within five business days.
(2) 
Additionally, the SWPPP shall be amended to identify any new contractor or subcontractor that will implement any measure of the SWPPP. The City of Rochester may request copies of signed contractor certification statements from new contractors/subcontractors working on the site.
(3) 
Field modifications of a minor nature may be authorized by the City of Rochester by written authorization to the applicant.
A. 
In granting a permit under these regulations, the standards and considerations taken into account shall include but are not limited to the following:
(1) 
Excavation, filling, grading and stripping shall be permitted to be undertaken only in such locations and in such manner as to minimize the potential for erosion and sedimentation and the threat to the health, safety, and welfare of neighboring property owners and the general public.
(2) 
Site preparation and construction shall be fitted to the vegetation, topography and other natural features of the site and shall preserve as many of these features as feasible.
(3) 
The control of erosion and sedimentation, including dust control, shall be a continuous process undertaken as necessary prior to, during and after site preparation and construction.
(4) 
Mulching or temporary vegetation suitable to the site shall be used where necessary to protect areas exposed by site preparation, and permanent vegetation which is well adapted to the site shall be installed as soon as practical.
(5) 
Where slopes are to be revegetated in areas exposed by site preparation, the slopes shall not be of such steepness that vegetation cannot be readily established or that problems of erosion or sedimentation may result.
(6) 
Site preparation and construction shall not adversely affect the free flow of water or bring about flood conditions by encroaching on, blocking or restricting watercourses or drainage patterns.
(7) 
All fill materials shall be of a composition suitable for the ultimate use of the fill, free of hazardous materials, contaminants, rubbish and organic or frozen material. It shall be free of any materials which may corrode, collapse, dissolve or cause voids or present the potential for causing voids. Structural steel, steel reinforcing, conduit, piping or similar materials are not permitted to comprise the fill material. Demolition or construction debris of any type is prohibited.
(8) 
Fill material shall be compacted sufficiently to prevent problems of erosion. Where the material is to support structures or roadways, it shall be compacted to within 95% of modified proctor density with proper moisture control. Compaction tests which verify the compaction results shall be submitted to the Commissioner by an independent soils testing laboratory.
(9) 
All topsoil which is excavated from a site shall be stockpiled and used for the restoration of the site, and such stockpiles, where necessary, shall be seeded or otherwise treated to minimize the effects of erosion. All fill shall be covered to a minimum depth of 30 inches with clean earth free of boulders or rocks exceeding 12 inches in diameter and shall also be covered with topsoil to a minimum depth of six inches. The final proposed grade elevations shall be taken from the finished topsoil elevation.
(10) 
Prior to, during and after site preparation, an integrated drainage system shall be provided which at all times minimizes erosion, sedimentation, hazards of slope instability and adverse effects on neighboring property owners.
(11) 
The natural drainage system shall generally be preserved in preference to modifications of this system, excepting where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring property owners.
(12) 
All drainage systems shall be designed to adequately handle estimated flows both within the site and from the entire upstream drainage basin, with the flow estimations to be calculated utilizing the rational method for specified storm event.
(13) 
Sufficient grades and drainage facilities shall be provided to prevent the ponding of water.
(14) 
Drainage systems, plantings and other erosion or sediment control devices shall be maintained as frequently as necessary to provide adequate protection against erosion and sediment and to ensure that the free flow of water is not obstructed by the accumulation of silt, debris or other materials or by structural damage, so as to avoid the creation of flood conditions.
(15) 
Cuts and fills shall not endanger adjoining property nor divert water onto the property of others.
(16) 
In the event that the removal of any trees, shrubs, vegetation and/or other organic material is necessary to conduct operations covered by this permit, all such material shall be removed off site to an approved location prior to the commencement of fill or grading activities.
B. 
Minimum design standards for erosion and sediment control.
(1) 
The City of Rochester requires the use of technical standards for erosion and sediment controls. These are detailed in the New York State Department of Environmental Conservation's Standards and Specifications for Erosion and Sediment Control. For the design of water quality and water quantity controls (post-construction stormwater runoff control practices), the NYSDEC's technical standards are detailed in the New York State Stormwater Management Design Manual.
(2) 
Where stormwater management practices are not in accordance with the aforementioned technical standards, the applicant or developer must demonstrate equivalence to these technical standards, and the SWPPP shall be prepared by a licensed/certified professional.
The City of Rochester may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the City of Rochester prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 39-413B. At its discretion, the City of Rochester may allow for a partial release of the financial guarantee based on the completion of various development stages.
A. 
A permit shall not be issued where:
(1) 
A nuisance will be established as defined by § 59-23 of the Municipal Code;
(2) 
The proposed work would cause hazards to the public safety, comfort, health, repose or welfare;
(3) 
The work as proposed by the applicant will damage any public or private property or interfere with any existing drainagecourse in such a manner as to cause damage to any adjacent property or result in the depositing of debris or sediment on any public way or into any waterway or create an unreasonable hazard to persons or property;
(4) 
The land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce settlement, erosion, slope instability or any other such hazard to persons or property; or
(5) 
The land areas for which the grading is proposed may lie within the floodplain of any stream or watercourse unless a hydrologic report, prepared by a professional engineer, is submitted to certify that the proposed grading will have, in his or her opinion, no detrimental influence or the public welfare or upon the total development of the watershed.
A. 
During grading and filling operations, the owner shall be responsible for:
(1) 
The prevention of damage to any public utilities or services within the limits of grading and along any routes of travel of the equipment that are not part of the public right-of-way.
(2) 
The prevention of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking or other damage which might result.
(3) 
Carrying out the proposed work in accordance with the approved plan and in compliance with all the requirements of the permit and Chapter 39, Building Code.
(4) 
The prompt removal of all soil, miscellaneous debris or other materials applied, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction site, where such spillage constitutes a public nuisance or hazard.
(5) 
The administration of the approved SWPPP where one is required.
A. 
City of Rochester inspections.
(1) 
The City of Rochester or designated agent, as defined in § 39-404, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the permit and/or SWPPP. In addition, the City of Rochester may enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his or her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Inspector of Record at least 48 hours before the following activities occur:
(a) 
Start of construction.
(b) 
Erosion and sediment control measures have been installed and stabilized.
(c) 
Site clearing has been completed.
(d) 
Rough grading has been completed.
(e) 
Final grading has been completed.
(f) 
Close of the construction season.
(g) 
Final landscaping.
(h) 
Closeout inspection.
(2) 
The above inspection timetable does not relieve the owner of the obligation under this or any other permit or regulation to conduct regular inspections as set forth in said permit and/or regulation.
(3) 
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further earthwork shall be conducted on the site, except for site stabilization, until the violations are corrected and approved by the City of Rochester.
B. 
Property owner/developer inspections.
(1) 
The applicant shall employ a "responsible individual," as defined in § 39-404, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. A monthly summary of reports will be copied to the site logbook and delivered to the City of Rochester within five days after the month's end.
(2) 
The requirement to employ a qualified professional to inspect and document the effectiveness of all erosion and sediment control practices is not applicable to land disturbance activities five acres or less occurring on a single-family residence, which is not part of a larger common plan of development or on an agricultural property. In addition, these land disturbance activities must not discharge directly to a 303(d)-impaired water body or must not be located in a total maximum daily load (TMDL) watershed.
A. 
A certificate of substantial compliance shall be issued by the Director when all of the following have been submitted to the Director or verified as specified elsewhere in these regulations, including:
(1) 
Written verification from a New York State licensed professional land surveyor, civil engineer or landscape architect that the final grading and contours conform with the requirements of the approved site plan.
(2) 
Required tests verifying soil compaction have been prepared by an independent soils testing lab and copies of the results have been submitted.
(3) 
Submission of the results of core samples taken from the site, which verifies that the material deposited on site complies with § 39-408A(7). Core sampling shall be performed by an approved independent testing laboratory and shall be taken at intervals not to exceed one sample for each 5,000 square feet of site area affected by any filling, grading or stripping operation covered by these regulations. The exact locations of the samples shall be determined by the Director.
B. 
Duration, maintenance and closeout when a SWPPP is required.
(1) 
Duration.
(a) 
For a project that requires an NYSDEC SPDES permit, the SWPPP approved by the City of Rochester shall be in effect until the site has been finally stabilized, a notice of termination (NOT) is submitted to NYSDEC in accordance with the general permit and a final inspection has been completed by the City of Rochester.
(b) 
For projects that do not require an NYSDEC NOT, the SWPPP is in effect until a final inspection is conducted and the City of Rochester has issued the applicant written approval.
(2) 
Maintenance.
(a) 
The applicant shall at all times properly operate and maintain all stormwater management facilities and erosion and sediment control measures which are installed or used by the applicant to achieve compliance with the conditions of this Part. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The land disturbance 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.
(b) 
At the end of the construction season when soil disturbance activities will be finalized or suspended until the following spring, it may be desirable to reduce the frequency of the required weekly site inspections to monthly inspections. In order to reduce inspection frequencies, the applicant must complete stabilization activities before proper installation is precluded by snow cover or frozen ground. If vegetation is used as a stabilization method, seeding, planting, and/or sodding must be scheduled to avoid fall frosts and to allow for proper germination/establishment. Installations and maintenance must be done according to the New York State Standards and Specifications for Erosion and Sediment Control.
(3) 
Closeout. The applicant must satisfy the following project closeout requirements:
(a) 
Reestablish grade of all permanent stormwater facilities.
(b) 
Inspect grading of all drainage structures and provide elevation as-builts to the City of Rochester.
(c) 
Establish perennial vegetative cover to a density of 80% over 100% of the site.
(d) 
Removal of all debris and temporary erosion and sediment control practices.
(e) 
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 39-404) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(f) 
Complete any other measure deemed appropriate and necessary by the City of Rochester to stabilize the project site.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Part. Violations of this Part I of Article IV of Chapter 39 shall be considered high violations for purposes of the penalties set forth in § 13A-11D of the Municipal Code.