A.
Land disturbance activities 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.
During the construction process, soil is the most vulnerable to erosion
by wind and water. This eroded soil endangers water resources by reducing
water quality and causing the siltation of aquatic habitat for fish
and other desirable species. Eroded soil also necessitates maintenance
and/or repair of sewers and ditches and the dredging of waterways.
In addition, clearing and/or grading during construction tends to
increase soil erosion and causes the loss of native vegetation necessary
for terrestrial and aquatic habitat and to provide a healthy living
environment for citizens of the City of Rochester. Improper design
and construction of stormwater management practices can increase the
velocity of stormwater runoff, thereby increasing stream bank erosion
and sedimentation. Impervious surfaces allow less water to percolate
into the soil, thereby decreasing groundwater recharge and stream
base flow. Regulation of land disturbance activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
C.
As a result, the purpose of this Part is to safeguard public health,
protect property, prevent damage to the environment and promote the
public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity
which disturbs or breaks the topsoil or results in the movement of
earth on land in the City of Rochester. It seeks to meet those purposes
by achieving the following objectives:
(1)
Require land disturbance activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) general permit
for construction activities or as amended or revised;
(2)
Meet the requirements of minimum measures 4 and 5 of the SPDES general
permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised;
(3)
Minimize increases in stormwater runoff from land disturbance activities
in order to reduce flooding, siltation, increases in stream temperature,
and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from
land disturbance activities which would otherwise degrade local water
quality;
(5)
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
These regulations shall be known and may be cited as the "Regulations
for the Issuance of Site Preparation Permits in the City of Rochester."
All site preparation and associated activities requiring a site
preparation permit shall be in conformance with the provisions set
forth herein.
The Commissioner of Neighborhood and Business Development or
his or her legal representative shall be the authority having jurisdiction
for the purpose of administering these regulations. The City Engineer
shall be the legal representative of the Commissioner for the purposes
of site work within the right-of-way.
As used in this article, in addition to the terms defined in § 39-201, the following terms shall have the meanings indicated:
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 disturbance activity.
A signed statement by the Commissioner that specific construction
has been inspected and found to comply with all grading plans and
specifications.
The City Engineer of the City or an authorized representative.
Any activity which removes the vegetative surface cover.
The Commissioner of Neighborhood and Business Development
or his or her legal representative.
Individual(s) directed by the City of Rochester to conduct
site inspections and/or perform other municipal duties.
The gravitational movement of water or other liquids by surface
runoff or subsurface flow.
Construction activities, including clearing, grading, excavating,
soil disturbance or placement of fill, that result in land disturbance.
The process by which the ground surface is worn away by action
of wind, water, gravity or a combination thereof.
Measures that minimize erosion.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated, and also included shall
be the conditions resulting therefrom.
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses.
All soil-disturbing activities at the site have been completed
and a uniform perennial vegetative cover with density of 80% has been
established or equivalent measures such as the use of mulches or geotextiles
have been employed on all unpaved areas and areas not covered by permanent
structures.
A permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A permit 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.
Any stripping, excavating, filling, stockpiling or any combination
thereof, and also included shall be the land in its excavated or filled
condition.
A person who is hired by the owner to monitor the site preparation
and SWPPP requirements on a regular basis and prepare reports.
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 disturbance activities may take place at different times on different
schedules.
A person currently licensed to practice engineering in New
York State or a registered landscape architect.
The application of a layer of plant residue or other material
for the purpose of effectively controlling erosion.
The most recent version of this publication which is commonly
known as the "Blue Book."
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.
Letter sent to the New York State DEC from an owner or his,
her or its representative informing the DEC of his or her intent to
undertake a project requiring a SPDES permit.
Letter sent to the New York State DEC from an owner or his,
her or its representative informing the DEC that the construction
phase of the project has been completed.
Those control measures which are installed or constructed
to control soil erosion and which are maintained after completion
of the project.
Site preparation permit.
Clearing a parcel of land in distinct sections, with the
stabilization of each section before the clearing of the next.
A person knowledgeable in the principles and practices of
erosion and sediment controls, such as a licensed professional engineer
or a registered landscape architect.
A method of estimating the runoff in a drainage basin at
a specific point and time by means of the rational runoff formula.
As related to inspection of construction site erosion controls,
any person with an in-depth understanding of the principles and practices
of erosion and sediment control, stormwater management and the proper
procedures and techniques for the installation and maintenance of
erosion and sediment control features.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
Measures that prevent eroded sediment from leaving the site.
Activities that control the establishment, growth, composition,
health and quality of forests and woodlands.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
The examination and subsequent authorization to proceed with
a project based upon a drawing prepared to specifications and containing
necessary elements which show the arrangement, layout and design of
the proposed use of a single parcel of land as shown on said plan.
Site preparation shall include but is not limited to filling,
stripping of vegetation, grading or altering existing topography for
any purposes whatsoever.
All unconsolidated mineral or nonliving organic material
of whatever origin which overlies bedrock.
State Pollution Discharge Elimination System.
A permit issued to developers of construction activities
to regulate disturbance of one or more acres of land.
A permit 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.
The first land disturbance activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff, pollutant loads, discharge volumes,
and/or peak flow discharge rates.
The Commissioner or his/her authorized representative shall
be the Stormwater Management Officer for all work outside the right-of-way,
and the City Engineer shall be the Stormwater Management Officer for
all work within the right-of-way. A consultant cannot be appointed
as a Stormwater Management Officer. The Stormwater Management Officer
shall accept and review stormwater pollution prevention plans and
inspect stormwater management practices.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
The flow on the surface of the ground, resulting from precipitation.
Any activity which removes or significantly disturbs the
vegetative surface cover, including clearing and grubbing operations.
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.
Interim control measures which are installed or constructed
for the control of soil erosion until permanent soil erosion control
is effected.
The natural surface layer of soil, usually darker than subsurface
layers, to a depth of at least six inches within an undisturbed area
of soils.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drainageway, gully, ravine, or wash in which
water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed and banks,
and any area adjacent thereto subject to inundation by reason of overflow,
flood or stormwater.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Areas of aquatic or semiaquatic vegetation, or any areas
which have been mapped as such by the New York State Department of
Environmental Conservation under the New York State Freshwater Wetlands
Act or the United States Department of the Interior, Fish and Wildlife
Service for the National Wetlands Inventory.
A.
None of the following activities shall be commenced until a permit
has been issued pursuant to the provisions of this part:
(1)
Site preparation within wetlands.
(2)
Site preparation on slopes which exceed 1 1/2 feet of vertical
rise for each 10 feet of horizontal distance, as determined by a topographical
survey.
(3)
Site preparation within the floodplain of any watercourse.
(4)
Excavation which affects more than 50 cubic yards of material within
any parcel or any contiguous area not associated with building construction.
(5)
Stripping which affects more than 10,000 square feet of ground surface
within any parcel or any contiguous area.
(6)
Grading which affects more than 10,000 square feet of ground surface
within any parcel or any contiguous area.
(7)
Filling which exceeds a total of 50 cubic yards of material within
any parcel or contiguous area.
B.
Exemptions. The following activities are exempt from review under
this Part:
(1)
Any emergency activity which is immediately necessary for the protection
of public health, property or natural resources.
(2)
Agricultural activity as defined in this Part.
(3)
Silvicultural activity, except that landing areas and log haul roads
are subject to this Part.
(4)
Routine maintenance activities that disturb less 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 City of Rochester.
A.
Prior to the start of construction requiring a permit under § 39-405, an application shall be filed with the Commissioner, and the application shall have been approved and a permit issued pursuant to the provisions of these regulations.
B.
At the time of filing an application for a permit, a fee of $250
if no SWPPP is required or $750 if a SWPPP is required shall be made
payable to the City Treasurer.
C.
The Stormwater Management Officer shall have the authority to recommend
that a permit application be approved or denied. The Stormwater Management
Officer shall also have the authority to recommend the approval of
a permit subject to conditions.
D.
The Commissioner shall make a recommendation to grant or deny all
permits within 60 days after the date of filing of a complete application
unless the applicant and the Manager consent to a time extension.
E.
The Commissioner shall recommend a reasonable time limit for the
termination of the permit and may recommend any conditions which are
deemed necessary to assure compliance with the provisions of these
regulations. In no event shall the overall total time schedule for
completion of the project exceed 12 months.
F.
The Commissioner shall cause inspections to be performed as required
to assure compliance with the terms and conditions of the approved
permits and to submit written notification to the Commissioner of
any violations of these terms or provisions.
A.
The application for a permit regulated by these procedures shall
be made to the Commissioner in such form as the Commissioner shall
prescribe.
B.
The application shall be made by the owner or by an authorized agent,
including but not limited to an architect, engineer, occupant of the
property or contractor employed in connection with the proposed work.
C.
The application shall contain:
(1)
A site map of the total site area and construction drawings prepared
by a civil engineer, landscape architect or land surveyor licensed
and registered to practice in the State of New York. The site plan
shall be prepared at a scale no smaller than one inch to 20 feet and
shall indicate existing and proposed contours at horizontal intervals
not to exceed one foot; all improvements; areas of disturbance; areas
that will not be disturbed; on-site surface water(s), including receiving
waters (name of the water), streams, ponds, culverts, ditches, and
wetlands as well as drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of utilities,
roads, soils types, all areas of vegetation, including areas of grass,
brush, tree clusters and wood areas, and caliper size of mature trees
and shall also indicate the areas where topsoil is removed and stockpiled
and where topsoil is ultimately placed; significant natural and man-made
features not otherwise shown; proposed concrete cleanout basin(s)
and construction entrance; location(s) of the stormwater discharges(s);
resources protected under other chapters of this code or by easements;
rights-of-way.
(2)
A description of the material used in filling operations, the total
volume of material proposed to be deposited on site and a listing
of the points of origin of the proposed fill material which include:
(a)
The name, address, and telephone numbers of the owner of the
source material.
(b)
The street address, town, village, city, county and tax account
number of location of point of origin for source material.
(c)
A notarized affidavit signed by the owner of the source material which states that the material has been tested and found free of any hazardous waste and complies with the requirements set forth in § 39-408A(7). A copy of the test results, performed by an authorized testing agency, shall be included as part of the affidavit.
(4)
A performance bond or letter of credit in increments of $10,000 for
each 5,000 cubic yards or fractions thereof of material scheduled
for placement on site. The bond shall not be released until it has
been determined by the Commissioner that the work has been completed
in conformance with these regulations.
(5)
Any applicant requesting a site preparation permit for activity which would disturb equal to or greater than one acre (43,560 square feet) of land and requiring a notice of intent (NOI) shall also include with the submission a stormwater pollution prevention plan (SWPPP) that shall be reviewed and approved by the Stormwater Management Officer prior to issuance of the site preparation permit. A SWPPP which also addresses Subsection C(1) through (5) of this section may be accepted as fulfilling the permit application materials requirements. The SWPPP shall be subject to the following additional requirements:
(a)
The Stormwater Management Officer shall accept and review all
SWPPPs. The Stormwater Management Officer may review the plans or
accept the certification of a licensed professional that the plans
conform to the requirements of this Part.
(b)
The plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 39-404. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meets the requirements outlined in the City of Rochester design criteria and the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Rochester.
(c)
The requirements to have a SWPPP prepared by a qualified professional
and to have the final plan signed and certified by a New York State
licensed professional engineer (PE) are not applicable to land disturbance
activities that meet New York State technical standards and are five
acres or less occurring on a single-family residence, which is not
part of a larger common plan of development, or an agricultural property.
In addition, these land disturbance activities must not discharge
directly to a 303(d)-impaired water body or must not be located in
a total maximum daily load (TMDL) watershed.
(d)
Background information about the scope of the project, including
location, type and size of project and contact information that includes
the name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number
of the subject property or properties.
(e)
Site map/construction drawing(s) for the project, including
a general location map and a one inch equals 50 feet topographic base
map of the site which extends a minimum of 50 feet beyond the limits
of the proposed development. 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), including receiving waters (name of the
water), streams, ponds, culverts, ditches, and wetlands as well as
drainage patterns that could be affected by the construction activity;
existing and final slopes; locations of utilities, roads, soils types,
forest cover, and significant natural and man-made features not otherwise
shown; locations of off-site material, waste, borrow or equipment
storage areas, proposed concrete cleanout basin(s) and construction
entrance; and location(s) of the stormwater discharges(s); and resources
protected under other chapters of this code or by easements.
(f)
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation, final grading
and landscaping, and any other activity at the site that results in
soil disturbance. Sequencing shall identify the expected date on which
clearing will begin and the estimated duration of exposure of cleared
areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from NYSDEC.
(g)
A description of the pollution prevention measures that will
be used to control litter and prevent construction chemicals and construction
debris from becoming a pollutant source in the stormwater discharges;
a description of construction and waste materials expected to be stored
on site, with updates as appropriate; a description of controls that
will be implemented to reduce pollutants from these materials, including
storage practices to minimize exposure of the materials to stormwater;
and a description of spill prevention and response measures.
(h)
A description of the 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
disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
(i)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice.
(j)
Illustration of all necessary erosion and sediment control measures,
including the siting and sizing of any temporary sediment basins,
and provide the dimensions, material specifications and installation
details for each throughout all phases of construction and completion
of development of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
(k)
Identification of all temporary practices that will be converted
to permanent control measures.
(l)
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.
(m)
Identification of the parts or components of the SWPPP that
require maintenance. Furthermore, it shall also provide a schedule
of required maintenance and identify the party responsible for such
work.
(n)
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.
(o)
Any existing data that describes the stormwater runoff at the
site.
(p)
Assurance that all other applicable environmental permits have
been acquired for the site prior to initial land disturbance. Copies
of the applicable environmental permits shall be provided to the City
of Rochester.
(q)
Assurance that the applicant or his or her "responsible individual"
shall be on site at all times when earthwork takes place and shall
inspect and document the effectiveness of all erosion and sediment
control practices.
(r)
Assurance that all contractors and subcontractors involved in
soil disturbance and/or stormwater management practice installation
and maintenance shall be identified in the SWPPP. All such contractors
and subcontractors shall sign a copy of the following certification
statement before undertaking any land disturbance activity at the
site:
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"I certify under penalty of law that I understand and agree
to comply with the terms and conditions of the SWPPP. I also understand
that it is unlawful for any person to cause or contribute to a violation
of the water quality standards."
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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. The certification statement
must be included in the SWPPP.
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D.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to the City of Rochester
and shall be approved or disapproved. The applicant shall amend the
SWPPP whenever:
(a)
There is a significant change in design, construction, operation,
or maintenance which may have a significant effect on the potential
for the discharge of pollutants to the waters of the United States
and which has not otherwise been addressed in the SWPPP; or
(b)
The SWPPP proves to be ineffective in providing the proper stormwater
pollution prevention and erosion and sediment control as required
by this Part. Amendments to the SWPPP may be reviewed by the City
of Rochester. A copy of the newly amended SWPPP must be provided to
the City of Rochester within five business days.
(2)
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP. The
City of Rochester may request copies of signed contractor certification
statements from new contractors/subcontractors working on the site.
(3)
Field modifications of a minor nature may be authorized by the City
of Rochester by written authorization to the applicant.
A.
In granting a permit under these regulations, the standards and considerations
taken into account shall include but are not limited to the following:
(1)
Excavation, filling, grading and stripping shall be permitted to
be undertaken only in such locations and in such manner as to minimize
the potential for erosion and sedimentation and the threat to the
health, safety, and welfare of neighboring property owners and the
general public.
(2)
Site preparation and construction shall be fitted to the vegetation,
topography and other natural features of the site and shall preserve
as many of these features as feasible.
(3)
The control of erosion and sedimentation, including dust control,
shall be a continuous process undertaken as necessary prior to, during
and after site preparation and construction.
(4)
Mulching or temporary vegetation suitable to the site shall be used
where necessary to protect areas exposed by site preparation, and
permanent vegetation which is well adapted to the site shall be installed
as soon as practical.
(5)
Where slopes are to be revegetated in areas exposed by site preparation,
the slopes shall not be of such steepness that vegetation cannot be
readily established or that problems of erosion or sedimentation may
result.
(6)
Site preparation and construction shall not adversely affect the
free flow of water or bring about flood conditions by encroaching
on, blocking or restricting watercourses or drainage patterns.
(7)
All fill materials shall be of a composition suitable for the ultimate
use of the fill, free of hazardous materials, contaminants, rubbish
and organic or frozen material. It shall be free of any materials
which may corrode, collapse, dissolve or cause voids or present the
potential for causing voids. Structural steel, steel reinforcing,
conduit, piping or similar materials are not permitted to comprise
the fill material. Demolition or construction debris of any type is
prohibited.
(8)
Fill material shall be compacted sufficiently to prevent problems
of erosion. Where the material is to support structures or roadways,
it shall be compacted to within 95% of modified proctor density with
proper moisture control. Compaction tests which verify the compaction
results shall be submitted to the Commissioner by an independent soils
testing laboratory.
(9)
All topsoil which is excavated from a site shall be stockpiled and
used for the restoration of the site, and such stockpiles, where necessary,
shall be seeded or otherwise treated to minimize the effects of erosion.
All fill shall be covered to a minimum depth of 30 inches with clean
earth free of boulders or rocks exceeding 12 inches in diameter and
shall also be covered with topsoil to a minimum depth of six inches.
The final proposed grade elevations shall be taken from the finished
topsoil elevation.
(10)
Prior to, during and after site preparation, an integrated drainage
system shall be provided which at all times minimizes erosion, sedimentation,
hazards of slope instability and adverse effects on neighboring property
owners.
(11)
The natural drainage system shall generally be preserved in
preference to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
(12)
All drainage systems shall be designed to adequately handle
estimated flows both within the site and from the entire upstream
drainage basin, with the flow estimations to be calculated utilizing
the rational method for specified storm event.
(13)
Sufficient grades and drainage facilities shall be provided
to prevent the ponding of water.
(14)
Drainage systems, plantings and other erosion or sediment control
devices shall be maintained as frequently as necessary to provide
adequate protection against erosion and sediment and to ensure that
the free flow of water is not obstructed by the accumulation of silt,
debris or other materials or by structural damage, so as to avoid
the creation of flood conditions.
(15)
Cuts and fills shall not endanger adjoining property nor divert
water onto the property of others.
(16)
In the event that the removal of any trees, shrubs, vegetation
and/or other organic material is necessary to conduct operations covered
by this permit, all such material shall be removed off site to an
approved location prior to the commencement of fill or grading activities.
B.
Minimum design standards for erosion and sediment control.
(1)
The City of Rochester requires the use of technical standards for
erosion and sediment controls. These are detailed in the New York
State Department of Environmental Conservation's Standards and Specifications
for Erosion and Sediment Control. For the design of water quality
and water quantity controls (post-construction stormwater runoff control
practices), the NYSDEC's technical standards are detailed in the New
York State Stormwater Management Design Manual.
(2)
Where stormwater management practices are not in accordance with
the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards, and the
SWPPP shall be prepared by a licensed/certified professional.
The City of Rochester may, at its discretion, require the applicant to submit a financial guarantee in a form acceptable to the City of Rochester prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 39-413B. At its discretion, the City of Rochester may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
A permit shall not be issued where:
(2)
The proposed work would cause hazards to the public safety, comfort,
health, repose or welfare;
(3)
The work as proposed by the applicant will damage any public or private
property or interfere with any existing drainagecourse in such a manner
as to cause damage to any adjacent property or result in the depositing
of debris or sediment on any public way or into any waterway or create
an unreasonable hazard to persons or property;
(4)
The land area for which grading is proposed is subject to geological
hazard to the extent that no reasonable amount of corrective work
can eliminate or sufficiently reduce settlement, erosion, slope instability
or any other such hazard to persons or property; or
(5)
The land areas for which the grading is proposed may lie within the
floodplain of any stream or watercourse unless a hydrologic report,
prepared by a professional engineer, is submitted to certify that
the proposed grading will have, in his or her opinion, no detrimental
influence or the public welfare or upon the total development of the
watershed.
A.
During grading and filling operations, the owner shall be responsible
for:
(1)
The prevention of damage to any public utilities or services within
the limits of grading and along any routes of travel of the equipment
that are not part of the public right-of-way.
(2)
The prevention of damage to adjacent property. No person shall grade
on land so close to the property line as to endanger any adjoining
public street, sidewalk, alley or any public or private property without
supporting and protecting such property from settling, cracking or
other damage which might result.
(3)
Carrying out the proposed work in accordance with the approved plan and in compliance with all the requirements of the permit and Chapter 39, Building Code.
(4)
The prompt removal of all soil, miscellaneous debris or other materials
applied, dumped or otherwise deposited on public streets, highways,
sidewalks or other public thoroughfares during transit to and from
the construction site, where such spillage constitutes a public nuisance
or hazard.
(5)
The administration of the approved SWPPP where one is required.
A.
City of Rochester inspections.
(1)
The City of Rochester or designated agent, as defined in § 39-404, shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the permit and/or SWPPP. In addition, the City of Rochester may enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or his or her agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Inspector of Record at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been installed and
stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the owner of the
obligation under this or any other permit or regulation to conduct
regular inspections as set forth in said permit and/or regulation.
(3)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further earthwork shall be conducted on the
site, except for site stabilization, until the violations are corrected
and approved by the City of Rochester.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a "responsible individual," as defined in § 39-404, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. 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 the City of Rochester within five days after the month's end.
(2)
The requirement to employ a qualified professional to inspect and
document the effectiveness of all erosion and sediment control practices
is not applicable to land disturbance activities five acres or less
occurring on a single-family residence, which is not part of a larger
common plan of development or on an agricultural property. In addition,
these land disturbance activities must not discharge directly to a
303(d)-impaired water body or must not be located in a total maximum
daily load (TMDL) watershed.
A.
A certificate of substantial compliance shall be issued by the Director
when all of the following have been submitted to the Director or verified
as specified elsewhere in these regulations, including:
(1)
Written verification from a New York State licensed professional
land surveyor, civil engineer or landscape architect that the final
grading and contours conform with the requirements of the approved
site plan.
(2)
Required tests verifying soil compaction have been prepared by an
independent soils testing lab and copies of the results have been
submitted.
(3)
Submission of the results of core samples taken from the site, which verifies that the material deposited on site complies with § 39-408A(7). Core sampling shall be performed by an approved independent testing laboratory and shall be taken at intervals not to exceed one sample for each 5,000 square feet of site area affected by any filling, grading or stripping operation covered by these regulations. The exact locations of the samples shall be determined by the Director.
B.
Duration, maintenance and closeout when a SWPPP is required.
(1)
Duration.
(a)
For a project that requires an NYSDEC SPDES permit, the SWPPP
approved by the City of Rochester shall be in effect until the site
has been finally stabilized, a notice of termination (NOT) is submitted
to NYSDEC in accordance with the general permit and a final inspection
has been completed by the City of Rochester.
(b)
For projects that do not require an NYSDEC NOT, the SWPPP is
in effect until a final inspection is conducted and the City of Rochester
has issued the applicant written approval.
(2)
Maintenance.
(a)
The applicant shall at all times properly operate and maintain
all stormwater management facilities and erosion and sediment control
measures which are installed or used by the applicant to achieve compliance
with the conditions of this Part. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%. The land disturbance 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.
(b)
At the end of the construction season when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
(3)
Closeout. The applicant must satisfy the following project closeout
requirements:
(a)
Reestablish grade of all permanent stormwater facilities.
(b)
Inspect grading of all drainage structures and provide elevation
as-builts to the City of Rochester.
(c)
Establish perennial vegetative cover to a density of 80% over
100% of the site.
(d)
Removal of all debris and temporary erosion and sediment control
practices.
(e)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 39-404) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(f)
Complete any other measure deemed appropriate and necessary
by the City of Rochester to stabilize the project site.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Part. Violations of this Part I of Article IV of Chapter 39 shall be considered high violations for purposes of the penalties set forth in § 13A-11D of the Municipal Code.
