[Added 12-11-2007 by L.L. No. 12-2007]
The terms used in this article and Article XVI of Chapter 56, Building and Electrical Code, or in documents prepared or reviewed under this article and Article XVI of Chapter 56, Building and Electrical Code, shall have the meaning as set forth in this section.
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.
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 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 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.
The City Engineer or an employee or officer in his Department
designated to accept and review stormwater pollution prevention plans,
forward the plans to the applicable city department, agency or 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.
A.Â
Stormwater pollution prevention plan requirement. 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 this article and Article XVI of Chapter 56, Building and Electrical Code.
B.Â
Contents of stormwater pollution prevention plans.
(1)Â
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(a)Â
Background information about the scope of the project, including
location, type and size of project.
(b)Â
Site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map should show the
total site area; all improvements; areas of disturbance: areas that
will not be disturbed; 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 discharge(s);
(c)Â
Description of the soil(s) present at the site;
(d)Â
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 five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP.
(e)Â
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;
(f)Â
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;
(g)Â
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;
(h)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices; including the siting
and sizing of any temporary sediment basins.
(j)Â
Temporary practices that will be converted to permanent control
measures;
(k)Â
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;
(l)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)Â
Name(s) of the receiving water(s);
(n)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)Â
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, including the proposed maintenance schedule and procedure;
and
(p)Â
Any existing data that describes the stormwater runoff at the
site.
(2)Â
Land development activities as defined in § 43-215 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 B(3) below as applicable:
(a)Â
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.
(b)Â
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)Â
Condition C: stormwater runoff from land development activity
disturbing between one 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.
(3)Â
SWPPP requirements for Conditions A, B and C:
(a)Â
All information in § 43-216B(1) of this article.
(b)Â
Description of each post-construction stormwater management
practice;
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)Â
Comparison of post-development stormwater runoff conditions
with predevelopment conditions;
(f)Â
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
(g)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice.
(h)Â
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.
(i)Â
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 43-218 of this article.
(j)Â
For Conditions A, B, and C the SWPPP shall be prepared by a licensed professional engineer registered with the State of New York and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this article and Article XVI of Chapter 56, Building and Electrical Code.
C.Â
Other environmental permits. 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.
D.Â
Contractor certification.
(1)Â
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."
(2)Â
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; that the land development activity complies with this article and Article XVI of Chapter 56, Building and Electrical Code; and the date the certification is made.
(3)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
E.Â
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.Â
Technical standards. For the purpose of this article and Article XVI of Chapter 56, Building and Electrical Code, 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 and Article XVI of Chapter 56, Building and Electrical Code:
(1)Â
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)Â
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.Â
Equivalence to technical standards. 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 § 43-217A, and the SWPPP shall be prepared by a licensed professional engineer registered with the State of New York.
C.Â
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.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article and Article XVI of Chapter 56, Building and Electrical Code. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)Â
For land development activities as defined in § 43-215 of this article and meeting Condition A, B or C in § 43-216B(2), 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 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
B.Â
Maintenance easement(s). Prior to the issuance of any approval by the Building Department 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 City of Yonkers to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Article XVI of Chapter 56, Building and Electrical Code. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Counsel for the City of Yonkers.
C.Â
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Article XVI of Chapter 56, Building and Electrical Code, shall ensure they are operated and maintained to achieve the goals of this article and Article XVI of Chapter 56, Building and Electrical Code. Proper operation and maintenance also includes, as a minimum, the following:
D.Â
Maintenance agreements. The City of Yonkers 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 maintenance agreement shall be consistent with the terms and conditions of Schedule B of this article and Article XVI of Chapter 56, Building and Electrical Code, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The City of Yonkers, 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 this article and Article XVI of Chapter 56, Building and Electrical Code and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter. See also Schedule A, Stormwater Management Practices Acceptable for Water Quality, at the end of this chapter.