Village of Baxter Estates, NY Article II Stormwater Pollution Prevention Plan

§ 150-7 Stormwater pollution prevention plans.

A. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a SWPPP prepared in accordance with the specifications in this chapter.

B. Contents of stormwater pollution prevention plans. 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, including a general location map. At a minimum, the site map shall 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). The site map shall be at a scale no smaller than one inch equals 100 feet.

(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 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 close-out;

(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.

(17) The name, address, telephone and fax numbers, and email address, if any, of the applicant's representative who will be in charge of monitoring compliance with Articles I through V of this chapter on a daily basis.

C. Land development activities meeting Condition A or B below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls), as set forth below, as applicable:

(1) Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either impaired water identified on the DEC's 303(d) list of impaired waters, or such superseding list as may be prepared by DEC, or a Total Maximum Daily Load 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 250 square feet or more.

D. SWPPP requirements for Conditions A and B are as follows:

(1) All information in Subsection B of this section.

(2) Description of each postconstruction SMP.

(3) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction SMP.

(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 postconstruction SMP.

(7) Maintenance schedule to ensure continuous and effective operation of each postconstruction SMP.

(8) Maintenance easements to ensure access to all SMP's 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 Articles I through V of this chapter.

E. Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control, or professional engineer and must be signed by the licensed professional preparing the plan, who shall certify that the design of all SMPs meet the requirements in Articles I through V of this chapter.

F. Other environmental permits. The applicant shall demonstrate 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.

G. Contractor certification.

(1) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or SMP 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. "

(2) 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.

(3) The certification statement(s) shall become part of the SWPPP for the land development activity.

H. 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.

§ 150-8 Performance and design criteria.

All land development activities shall be subject to the following performance and design criteria:

A. Technical standards. For the purposes of Articles I through V of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. SMPs that are designed and constructed in accordance with those technical documents shall be presumed to meet the standards imposed by Articles I through V of this chapter:

(1) The Design Manual.

(2) The Erosion Control Manual.

B. Equivalence to technical standards. Where SMPs are not in accordance with the technical standards, the applicant or developer must demonstrate equivalence to the technical standards in Subsection A of this section, and the SWPPP shall be prepared by a licensed/certified professional.

C. Water quality standards. No land development activity shall cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state.

§ 150-9 Maintenance, inspection and repair of stormwater facilities.

A. Maintenance and inspection during construction.

(1) The applicant or developer of the land development activity 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 Articles I through V of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(2) For land development activities that meet Conditions A or B of § 150-7C, the applicant or developer shall have a licensed/certified 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 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

B. Maintenance easement(s). 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 Village to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by Articles I through V of this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval of the form and substance thereof by counsel for the Village. The requirement established hereunder for a maintenance easement agreement may be waived by the Village board having jurisdiction over the land development activity or the SMO if, in the reasonable determination of the SMO or such Village board, said obligation is deemed not necessary for the purposes of Articles I through V of this chapter.

C. Maintenance after construction. The owner or operator of permanent SMPs installed in accordance with Articles I through V of this chapter shall be responsible for ensuring that they are operated and maintained to achieve the goals of Articles I through V of this chapter. Proper operation and maintenance also includes, as a minimum, the following:

(1) 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 Articles I through V of this chapter.

(2) Written procedures for operation and maintenance and training new maintenance personnel.

(3) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 150-8 of this chapter.

D. Maintenance agreements. The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners or benefited landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Articles I through V of this chapter. The Village, 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 Articles I through V of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.