The terms used in this chapter or in documents prepared or reviewed under this chapter shall have the meanings as set forth in Schedule A of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A. 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be processed until the appropriate board has reviewed and approved a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.
B. 
Contents of stormwater pollution prevention plans.
(1) 
All SWPPPs shall provide the following background information and erosion and sediment controls:
(a) 
Background information about the scope of the project, including location, type and size of the project.
(b) 
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). The site map should be at a scale no smaller than one inch equals 100 feet.
(c) 
A description of the soil(s) present at the site.
(d) 
A 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.
(e) 
A description of the pollution prevention measures that will be used to control litter, construction chemicals, construction debris and construction equipment and vehicles from becoming a pollutant source in stormwater runoff.
(f) 
A 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 material to stormwater, and spill prevention and response.
(g) 
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) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(i) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(j) 
Temporary practices that will be converted to permanent control measures.
(k) 
An 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) 
A maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(m) 
Name(s) of the receiving water(s).
(n) 
A delineation of SWPPP implementation responsibilities for each part of the site.
(o) 
A 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.
(p) 
Any existing data that describes the stormwater runoff at the site.
(2) 
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a) 
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) 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
(c) 
Condition C: stormwater runoff from construction 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) 
SWPPP Requirements for Conditions A, B and C. The layout of structural components for a stormwater management system, the design of stormwater management systems, details and practices and analysis of hydrologic and hydraulic conditions associated with providing water quantity and water quality controls shall be performed by a professional engineer.
(a) 
All information in Subsection B(1) of this chapter.
(b) 
A description of each postconstruction stormwater management practice.
(c) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
(d) 
A hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
(e) 
A comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
(f) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
(g) 
A maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
(h) 
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) 
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article II, § 287-9, of this chapter.
C. 
Plan certification. The SWPPP shall be prepared by a qualified professional 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 this chapter.
D. 
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.
E. 
Certifications.
(1) 
Contractor/subcontractor.
(a) 
Each contractor and subcontractor involved in soil disturbance and/or stormwater management practice installation for an approved land development activity, including such development activity on separate and distinct land that is part of a larger plan of development or sale, 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." The certification(s) shall be added to the approved SWPPP prior to undertaking any land development activity.
(b) 
Any contractor or subcontractor engaged in a land development activity, including such development activity on separate and distinct land that is part of a larger common plan of development or sale, shall submit an executed certification, as herein provided, as part of his or her application for any required excavation permit or building permit, together with the relevant performance security as specified in § 287-15A hereof.
(2) 
Owner. The owner(s) shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify that this Stormwater Pollution Protection Plan and all attachments were based on my authorization or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that false statements made herein are punishable as a Class A misdemeanor, pursuant to § 210.45 of the Penal Law." The certification shall be added to the approved SWPPP prior to undertaking any land development activity.
(3) 
All certifications must include the name and title of the person providing the signature; the address and telephone number of the firm or individual; the address (or other identifying description) of the site; and the date the certification is made.
(4) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
F. 
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 chapter, 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 chapter:
(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. 
An NOI form shall be completed by the owner and submitted to the New York State Department of Environmental Conservation, Division of Environmental Permits. A copy of the NOI shall be included with the SWPPP until a time where it can be replaced with a DEC letter acknowledging its receipt and the project activity's coverage under the SPDES general permit.
B. 
Stormwater discharges from construction activity may obtain coverage under the general permit in five business days after the DEC's receipt of the NOI if the following are true:
(1) 
The owner/operator certifies that the SWPPP has been developed in conformance with the DEC's technical standards, as set forth within § 287-8A of this chapter; and
(2) 
The activity is eligible for coverage under the general permit; and
(3) 
The construction site or postconstruction runoff is not discharging a pollutant of concern to either an impaired water identified on the DEC's 303(d) list or a watershed where an EPA-approved total maximum daily load (TMDL) analysis has been completed for a pollutant of concern which would be discharged from construction or postconstruction runoff; and
(4) 
The activity and the SWPPP has received the appropriate Village Board and/or Stormwater Management Officer's approval.
C. 
Certain stormwater discharges from construction activity may require additional review by the DEC. A minimum review period of 60 business days after the DEC's receipt of the NOI will be required if the following conditions exist:
(1) 
The SWPPP deviates from the DEC's technical standards, as set forth within § 287-8A of this chapter; or
(2) 
The construction activity or postconstruction runoff causes the discharge of a pollutant of concern to a water identified on the 303(d) list or a watershed with an approved TMDL for that pollutant of concern.
D. 
For applicants who cannot certify conformance with the DEC's technical standards, the SWPPP must:
(1) 
Be prepared by a licensed/certified professional; and
(2) 
Include a certification stating that the SWPPP has been developed in a manner that will ensure compliance with water quality standards and with the substantive intent of the SPDES general permit.
E. 
Implementing the allowances of the DEC's Strategy for Redevelopment Projects (the most current version or its successor) within an SWPPP is a deviation from the DEC's technical standards and requires the submission of an NOI to the DEC for the minimum sixty-day review period.
F. 
Land disturbance activity, where the SWPPP has been approved by the Village and developed in conformance with the DEC's technical standards, may commence five business days after the receipt of the NOI by the DEC. Where the SWPPP is not in conformance with the DEC's technical standards and a minimum review period of 60 days is required, the Village will not approve the SWPPP until written coverage under the SPDES permit is provided by the DEC. Land disturbance activity may not commence until written coverage under the SPDES permit is provided by the DEC and Village approval is obtained.
A. 
Maintenance 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) that are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
The applicant or developer or his or her representative 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. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
(3) 
If the soil disturbance is completely suspended, such as at the end of the construction season, and the site is properly stabilized in accordance with the New York State Standards and Specifications for Erosion and Sediment Control and provided that complete stabilization activities are completed before proper installation is precluded by snow cover or frozen ground or, if vegetation is desired, seeding, planting and/or sodding is scheduled to avoid die-off from fall frosts and allow for proper germination/establishment, an applicant or developer may reduce the self-inspection frequency set forth in Subsection A(2) above but shall maintain a minimum of monthly inspections in all situations, even when there is total winter shutdown. However, during periods of reduced inspection frequency, self-inspections must still be done after every storm event of 0.5 inch or greater. Weekly inspections as provided for in Subsection A(2) above must resume no later than March 15 or as directed by the Department of Environmental Conservation.
B. 
Maintenance easement(s). As a part 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 of Baldwinsville to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Baldwinsville.
C. 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter shall be operated and maintained to achieve the goals 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 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 Article II, § 287-8B.
D. 
Maintenance agreements. The Village of Baldwinsville 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 as part of final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Village of Baldwinsville, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. The Village may require the formation of a drainage district or special assessment district to cover the costs of operation, maintenance and improvements to stormwater facilities.
[1]
Editor's Note: Said Schedule B is included as an attachment to this chapter.