[Added 1-26-2009 by L.L. No. 6-2009]
The terms used in this article or in documents
prepared or reviewed under this article shall have the meaning as
set forth in this section:
A property owner or agent of a property owner who has filed
an application for a land development activity.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of more than 5,000 square feet (1/8 acre), with an exemption if the
amount of impervious cover created does not exceed 1,000 square feet,
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 development activities may take
place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) 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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance
with the specifications in Local Law No. 6-2009.[1]
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 project;
(2)
Site map/construction drawing(s) for the project,
at a scale no smaller than one inch equals 100 feet, 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 location(s)
of the stormwater discharges(s);
(3)
Description of the soil(s) present at the site;
(4)
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 one acre shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(5)
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;
(6)
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;
(7)
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;
(8)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to
permanent control measures;
(11)
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;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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
(16)
Any existing data that describes the stormwater
runoff at the site.
B.
Land development activities as defined in § 495-93 of this article and meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection C below as applicable:
(1)
Condition A — 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 B — Stormwater runoff from land development
activities disturbing five or more acres.
(3)
Condition C — Stormwater runoff from land development
activity disturbing between one acre 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.
C.
SWPPP requirements for Condition A, B and C:
(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;
(10)
Plan certification. 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 Local Law No. 6-2009.[1]
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.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of this article,
the following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this article:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
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
of New York.
A.
The applicant or developer of the land development
activity or their 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 Local Law
No. 6-2009.[1] Sediment shall be removed from sediment traps or sediment
ponds whenever their design capacity has been reduced by 50%.
B.
For land development activities as defined in § 435-93 of this article and meeting Condition A, B or C in § 435-95, the applicant 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 inches of precipitation or more. Inspection reports shall be maintained in a site log book and a copy delivered to the Stormwater Management Officer within 24 hours of the entry.
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 Incorporated Village
of Patchogue to ensure that the facility is maintained in proper working
condition to meet design standards and any other provisions established
by Local Law No. 6-2009.[1] The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the Counsel for the Incorporated
Village of Patchogue.
The owner or operator of permanent stormwater
management practices installed in accordance with Local Law No. 6-2009[1] shall ensure they are operated and maintained to achieve
the goals of Local Law No. 6-2009. Proper operation and maintenance
also includes as a minimum, the following:
A.
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 Local Law No. 6-2009.[2]
B.
Written procedures for operation and maintenance and
training new maintenance personnel.
The Incorporated Village of Patchogue shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to final
plan approval. The Incorporated Village of Patchogue, 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 Local Law No. 6-2009[1] and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.