A.
Land development projects 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.
The purpose of this article is to establish minimum
stormwater management requirements and controls to protect and safeguard
the general health, safety, and welfare of the public residing in
the watersheds within the Town of Greece. Therefore, the Town of Greece
establishes this set of water quality and quantity policies to provide
reasonable guidance for the regulation of stormwater runoff and to,
in addition to the above, safeguard persons, protect property, prevent
damage to the environment in Town of Greece, and comply with the NYSDEC
State Pollutant Discharge Elimination System (SPDES) General Permit
for Stormwater Discharges from municipal separate storm sewer systems
(MS4s), for the purpose of protecting local water resources from degradation.
C.
It is determined that the regulation of stormwater
runoff discharges from land development projects and other construction
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will prevent threats to public health and
safety.
A.
This article shall be applicable to land disturbance activities as defined in § 176-2 of this chapter, and those activities meeting Condition A, B, C or D below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 176-31 as applicable unless eligible for an exemption or granted a waiver by the Town of Greece in accordance with § 176-29 of this article:
(1)
Condition A: stormwater runoff from land disturbance
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 disturbance
activities disturbing five or more acres.
(3)
Condition C: stormwater runoff from land disturbance
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.
(4)
Condition D: stormwater runoff from land disturbance
activities that are smaller than one acre of disturbance if such activities
are part of a larger common plan of development, even though multiple
separate and distinct land disturbance activities may take place at
different times on different schedules.
B.
All plans, documents and information required by this
article must be reviewed by the Stormwater Management Officer to ensure
that established water quality standards will be maintained during
and after development of the site and that postconstruction runoff
levels are consistent with any local and regional watershed plans.
C.
When a site development plan is submitted that qualifies as a redevelopment project as defined in § 176-2 of this chapter, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current New York State Stormwater Management Design Manual. Final authorization of all redevelopment projects will be determined after a review by the Stormwater Management Officer. This applies to all redevelopment projects that are greater than or equal to one acre.
D.
The following activities may be exempt from the requirements
of this article:
(1)
Any emergency activity which is immediately necessary
for the protection of life, property or natural resources.
(3)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(4)
Routine maintenance activities that disturb fewer
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 Town of Greece.
A.
This article is not intended to interfere with, abrogate,
or annul any other ordinance, rule or regulation, statute, or other
provision of law. The requirements of this article should be considered
minimum requirements, and where any provision of this article imposes
restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, whichever provisions
are more restrictive or impose higher protective standards for human
health and/or the environment shall be considered to take precedence.
B.
Construction activities that involve land disturbance
may also require additional compliance measures detailed in other
regulations and/or ordinances.
A.
No person(s) shall receive any of the building, grading
or other land disturbance approvals or permits required for land disturbance
activities without first meeting the requirements of this article
to the satisfaction of the Town of Greece.
B.
Unless specifically excluded by this article, any
landowner or operator desiring approval or a permit for a land disturbance
activity shall comply with all applicable provisions of this article
and shall submit all required plans, documentation and information
as required under this article to the Town of Greece for review and
approval.
C.
Required documentation.
(3)
The SWPPP and all other documents required by this
article must be reviewed by the Stormwater Management Officer to ensure
that established water quality standards will be maintained after
development of the site and that postconstruction runoff levels are
consistent with any local and regional watershed plans. Information
shall be submitted as a single, logical package, with all information
bound together.
No waivers or mitigation plans will be considered
for land disturbance activity that disturbs one acre or greater of
land.
A.
The applicant shall consult the Town of Greece's Design Criteria, the New York State Stormwater Management Design Manual and the New York Standards and Specifications for Erosion and Sediment Control for standards and specifications related to stormwater management design criteria. 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. If there is a conflict between any of the standards, the more stringent standard shall apply. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this section and § 176-31 of this article, and the SWPPP shall be prepared by a licensed/certified professional.
B.
The following design and performance criteria shall
be addressed for stormwater management at all sites:
(1)
All site designs shall establish stormwater management
practices to control the peak flow rates of stormwater discharge associated
with specified design storms and reduce the generation of stormwater.
These practices should seek to utilize pervious areas for stormwater
treatment and to infiltrate stormwater runoff from driveways, sidewalks,
rooftops, parking lots, and landscaped areas to the maximum extent
practicable to provide treatment for both water quality and quantity.
(2)
All stormwater runoff generated from new development
shall not discharge untreated stormwater directly into a jurisdictional
wetland or local water body without adequate treatment. Where such
discharges are proposed, the impact of the proposal on wetland functional
values shall be assessed using a method acceptable to the Town of
Greece. In no case shall the impact on functional values be any greater
than that allowed by the Army Corps of Engineers (COE) or the NYSDEC
responsible for natural resources.
(3)
An attempt shall be made to maintain annual groundwater
recharge rates, by promoting infiltration through the use of structural
and nonstructural methods. At a minimum, an attempt shall be made
for annual recharge from the postdevelopment site to mimic the annual
recharge from predevelopment site conditions.
(4)
In order to protect stream channels from degradation,
a specific channel protection criteria shall be provided as prescribed
in the New York State Stormwater Management Design Manual.
(5)
Stormwater discharges to critical areas with sensitive
resources may be subject to additional performance criteria, or may
need to utilize or restrict certain stormwater management practices.
(6)
Stormwater discharges from land uses or activities
with higher potential pollutant loadings, known as "hotspots," may
require the use of specific structural stormwater treatment practices
and pollution prevention practices.
(7)
Prior to design, applicants are required to consult
with the Town of Greece to determine if they are subject to additional
stormwater design requirements.
(8)
The calculations for determining peak flows (WQv)
as found in the New York State Stormwater Management Design Manual
shall be used for sizing all stormwater management practices.
A.
A SWPPP is required as part of the compliance with
this article. This plan must be prepared by a qualified professional
and must indicate whether stormwater will be managed on-site or off-site
and, if on-site, the general location and type of practices and shall
also include sufficient information (e.g., maps, hydrologic calculations,
etc.) to evaluate the environmental characteristics of the project
site, the potential impacts of all proposed development of the site,
both present and future, on the water resources, and the effectiveness
and acceptability of the measures proposed for managing stormwater
generated at the project site. The plan must be signed by a New York
State licensed professional engineer (PE), who will verify that the
design of all stormwater management practices meet the submittal requirements
outlined in the New York State Stormwater Management Design Manual.
No building or grading permit or site plan approval shall be issued
until a satisfactory stormwater pollution prevention plan, or a waiver
thereof, has undergone a review and been approved by the Town of Greece
after determining that the plan or waiver is consistent with the requirements
of this article.
B.
The applicant shall employ a responsible individual, as defined in § 176-2 of this chapter, who will oversee the implementation of the SWPPP on a daily basis. 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 Town of Greece within five days after the month's end.
C.
All SWPPPs shall provide the following information:
(2)
A description of each postconstruction stormwater
management practice.
(3)
A site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice. The map(s) will also clearly show proposed land use with
tabulation of the percentage of surface area to be adapted to various
uses. A written description of the site plan and justification of
proposed changes in natural conditions may also be required.
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms, including calculations such as a description of the
design storm frequency, intensity and duration; time of concentration;
soil curve numbers or runoff coefficients; peak runoff rates and total
runoff volumes for each watershed area; infiltration rates, where
applicable; culvert capacities; flow velocities; data on the increase
in rate and volume of runoff for the design storms referenced in the
New York State Stormwater Management Design Manual, and documentation
of sources for all computation methods and field test results.
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(7)
The design and planning of all stormwater management
facilities shall include detailed maintenance and repair procedures,
including a schedule to ensure their continued function. These plans
will identify the parts or components of a stormwater management facility
that need to be maintained and the equipment and skills or training
necessary. Provisions for the periodic review and evaluation of the
effectiveness of the maintenance program and the need for revisions
or additional maintenance procedures shall be included in the plan.
(8)
The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property. See § 176-32 of this article for additional information.
(9)
The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by the on-site stormwater management measure(s) in accordance with the specifications of this article. See § 176-32 of this article for additional information.
(10)
The SWPPP shall be prepared by a qualified professional,
and the final plan must be signed by a New York State licensed professional
engineer, who shall certify that the design of all stormwater management
practices meet the requirements in this article.
(11)
A written or graphic inventory of the natural
resources at the site and surrounding area as it exists prior to the
commencement of the project and a description of the watershed and
its relation to the project site. This description should include
a discussion of soil conditions, forest cover, topography, wetlands,
and other native vegetative areas on the site. Particular attention
should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development.
(12)
The Town of Greece may also require a concept
plan to consider the maximum development potential of a site under
existing zoning, regardless of whether the applicant presently intends
to develop the site to its maximum potential.
(13)
The applicant must present a detailed plan for
management of vegetation at the site after construction is finished,
including who will be responsible for the maintenance of vegetation
at the site and what practices will be employed to ensure that adequate
vegetative cover is preserved. This plan must be prepared by a registered
landscape architect or by the soil and water conservation district
and in compliance with landscaping specifications outlined in the
New York State Stormwater Management Design Manual.
(14)
The applicant shall assure that all other applicable
environmental permits have been acquired for the site prior to approval
of the final stormwater design plan.
A.
Maintenance easement. The applicant or owner of the
site must execute a maintenance easement agreement that shall be binding
on all subsequent owners of land served by the stormwater management
facility. The agreement shall provide for access to the facility at
reasonable times for periodic inspection by the Town of Greece, or
its contractor or agent, to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this article and to if necessary implement
emergency repairs to protect the health, safety and welfare of the
public. The easement dimensions shall be as directed by the Chief
Engineer and the easement agreement shall be recorded in the office
of the County Clerk, with a copy provided to the Town of Greece.
B.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall ensure they are operated and maintained to
achieve the goals of this article. Proper operation and maintenance
also includes, at 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 this article.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
C.
Maintenance agreements. The maintenance and proper
operation of all privately owned stormwater management facilities,
including nonstructural practices, shall be ensured through the creation
of a formal and enforceable maintenance agreement that must be approved
by the Chief Engineer and recorded in the office of the County Clerk
as a deed restriction on the property prior to final plan approval.
This agreement will include any and all maintenance easements required
to access and inspect the stormwater management practices, and will
outline the procedures and schedule to be followed to perform routine
maintenance as necessary to ensure proper functioning of the stormwater
management practice. In addition, the legally binding agreement shall
identify the parties responsible for the proper maintenance of all
stormwater treatment practices and include plans for periodic inspections
by the owners, or their designated agent, to ensure proper performance
of the facility. The maintenance agreement shall be consistent with
the terms and conditions of the stormwater control facility maintenance
agreement.
D.
Requirements of maintenance agreements. All stormwater
management facilities must undergo, at the minimum, an annual inspection
to document maintenance and repair needs to ensure compliance with
the requirements of this article and accomplishment of its purposes.
These needs may include removal of silt, litter and other debris from
all catch basins, inlets and drainage pipes, grass cutting and vegetation
removal, and necessary replacement of landscape vegetation. Any maintenance
needs found must be identified in writing, along with the schedule
and methods to be employed to complete the maintenance. The maintenance
repairs and restoration schedule are to be approved by the Chief Engineer
prior to commencing the work, and the Town of Greece shall inspect
the facility upon completion of the work. The inspection and maintenance
requirement may be increased by the Town of Greece as deemed necessary
to ensure proper functioning of the stormwater management facility.
E.
Records of installation and maintenance activities.
Parties responsible for the operation and maintenance of a stormwater
management facility shall make records of the installation and of
all maintenance and repairs, and shall retain the records for at least
five years. These records shall be made available to the Town of Greece
during inspection of the facility and at other reasonable times upon
request.
F.
Maintenance guarantees for privately owned stormwater
facilities. Where stormwater management and erosion and sediment control
facilities are to be operated and maintained by the applicant or by
a corporation that owns or manages a commercial or industrial facility,
the applicant, prior to construction, may be required to provide the
Town of Greece with an irrevocable letter of credit from an approved
financial institution or surety to ensure proper operation and maintenance
of all stormwater management and erosion control facilities both during
and after construction, and until the Town of Greece acknowledges
compliance with all details of an approved site plan. If the applicant
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Greece may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs, until the Town of Greece
acknowledges compliance with all details of an approved site plan.
A.
The Chief Engineer or his/her designated agent shall
make inspections at any reasonable time for purposes of inspecting
the construction of the stormwater management facilities. Inspections
may include, but are not limited to, routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type which are more likely than the
typical discharge to cause violations of state or federal water or
sediment quality standards or the SPDES stormwater permit; and joint
inspections with other agencies inspecting under environmental or
safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices. If any violations are found, the
property owner shall be notified of the nature of the violation and
the required corrective actions. No added work shall proceed until
any violations are corrected and all work previously completed has
received approval by the Town of Greece.
B.
Furthermore, when any new drainage control facility
is installed on private property, or when any new connection is made
between private property and a public drainage control system, or
combined sewer, the property owner shall grant to the Town of Greece
the right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection. This includes the right to enter
a property when it has a reasonable basis to believe that a violation
of this article is occurring or has occurred, and to enter when necessary
for abatement of a public nuisance or correction of a violation of
this article.
All applicants are required to submit actual
"as-built" plans for any stormwater management practices located on-site
after final construction is completed. The plan must show the final
design specifications for all stormwater management facilities and
must be certified by a New York State licensed professional engineer.
A final inspection by the Town of Greece is required before the release
of any performance securities can occur.
All applicants are responsible for maintaining
the grading of the site so that it is consistent with the certified
"as-built" plans. Any postconstruction alterations to the landscape
shall receive prior approval from the Town of Greece. Temporary landscape
alterations, such as those associated with utility excavations and
landscaping activities, must be restored to conditions that are consistent
with the certified "as-built" plans.
