The terms used in this chapter or in documents prepared or reviewed
under this chapter shall have the meaning as set forth in this section.
All agricultural operations and activities related to the
growing or raising of crops, livestock or livestock products, and
agricultural products, as such terms are defined in or governed by
the Agriculture and Markets Law of the State of New York on lands
qualified under Ulster County and New York State law for an agricultural
exemption by the Assessor of the Town of New Paltz.
A person who owns or controls the property on which a proposed
regulated activity would be located, including the property owner
or any person who has filed an application for a permit or approval
required for a land development activity regulated by this chapter
with the consent of the owner, and any person who would actually control
and direct the proposed regulated activity.
Physical, structural, and/or managerial practices that, when
used singly or in combination, prevent or reduce pollution of water,
and have been approved by the Department of Environmental Conservation.
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.
Destruction and removal of areas of vegetation by manual,
mechanical, biological or chemical methods.
The deliberate appropriation of property by its owner.
The New York State Department of Environmental Conservation.
The current version of the New York State Stormwater Management
Design Manual, applicable to the proposed SWPPP including applicable
updates, which serves as the official guidance document for stormwater
management principles, methods and practices.
A person who undertakes land development activities.
The Stormwater Management Officer ("SMO") or any other official
or representative of the Town of New Paltz duly designated by the
Town Board to enforce any provision of this chapter (collectively
the "enforcement official").
Measures that prevent the soil from eroding.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
The area adjoining a river, stream, or watercourses covered
by water in the event of a five-hundred-year flood, either as shown
on current FEMA mapping or as required to be determined when FEMA
mapping information is not available. The five-hundred-year flooding
event is the flood having a two-tenths-percent chance of being equaled
or exceeded in magnitude in any given year.
The area adjoining a river, stream, or watercourses covered
by water in the event of a one-hundred-year flood, either as shown
on current FEMA mapping or as required to be determined when FEMA
mapping information is not available. The one-hundred-year flooding
event is the flood having a one-percent chance of being equaled or
exceeded in magnitude in any given year.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot, as shown on current FEMA mapping and as required to be determined
when FEMA mapping information is not available.
Excavation or fill of material, including the resulting conditions
thereof.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
A Natural Resource Conservation Service classification system
in which soils are categorized into four runoff potential groups.
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 (SPDES) 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.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than 1.0 acre, or activities disturbing less
than 1.0 acre of total land area that are part of a larger common
plan of development or sale totaling equal to or greater than 1.0
acre of land disturbance, 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 land planning and engineering design approach to manage
stormwater runoff which emphasizes conservation and use of on-site
natural features to protect water quality. This approach implements
engineered small-scale hydrologic controls to replicate, to the extent
practicable, the predevelopment hydrologic regime of watersheds through
infiltrating, filtering, storing, evaporating, and detaining runoff
close to its source.
A legally recorded document that sets forth restrictions
on the use of property, in the form of a deed restriction or covenant,
and which establishes the legal responsibility of the property owners
and others for long-term maintenance of stormwater management practices.
The average annual high water level.
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.
That line on the shore established by the fluctuations of
water and indicated by physical characteristics such as a clear, natural
line impressed on the bank, shelving, changes in the character of
soil, destruction of terrestrial vegetation, the presence of litter
and debris, or other appropriate means that consider the characteristics
of the surrounding areas.
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.
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
a certified professional in erosion and sediment control (CPESC),
a certified professional in stormwater quality (CPSWQ), registered
landscape architect, or other Department-endorsed individual. It can
also mean someone working in the direct supervision of, and at the
same company as, the licensed professional engineer or registered
landscape architect, provided that person has received Department-endorsed
training in the principles and practices of erosion and sediment control.
The replenishment of underground water reserves.
Belonging or related to the bank of a water body, including
rivers, streams, wetlands, lakes, ponds, or impoundments.
A vegetated area, including trees, shrubs, and herbaceous
vegetation, adjacent to a water body.
Reduction of the total water quality volume (WQv) by application
of runoff reduction techniques and standard stormwater management
practices (SMPs) with RRv capacity to replicate predevelopment hydrology.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, regulated wetlands, habitats
for threatened, endangered or special-concern species, highly erodible
soils and/or soils with slopes greater than 15%, one-hundred- and
five-hundred-year floodplains, unique geological features, and mature
forests.
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 detailed plan set outlining the stormwater management system(s)
and water quality controls for the proposed development, including
all computations and specifications, and incorporated as appropriate
in the final subdivision plan, final site plan or construction plan
for the proposed development.
A preliminary plan set demonstrating a stormwater management
system(s) and water quality controls for a proposed development at
a level of detail to demonstrate its compliance with all applicable
requirements, which may be incorporated in a stormwater pollution
prevention plan for the proposed development.
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.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board or Town Engineer and inspect
stormwater management practices, and to enforce the provisions of
this chapter.
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 as further detailed
in this chapter.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, wetlands, 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.
That an existing disturbed area will not be disturbed again
within 14 calendar days of the previous soil disturbance.
An employee from the contracting (construction) company that
will be responsible for implementing the SWPPP, who has received four
hours of Department-endorsed training in proper erosion and sediment
control principles. After receiving the initial training, the trained
contractor shall receive four hours of training every three years.
It can also mean an employee from the contracting (construction) company
that meets the qualified inspector qualifications.
The quantity of stormwater that is captured and received
water quality treatment with the utilization of a stormwater management
practice. The water quality volume represents 90% of the average annual
stormwater runoff volume and its quantity is directly related to the
impervious cover in the drainage basin. The volume is calculated in
accordance with the Design Manual.
A permanent or intermittent stream, river, creek, ditch,
or channel in which water flows as listed (classified or unclassified)
by the NYS Department of Environmental Conservation in 6 NYCRR Article
X.
A channel directing surface runoff to a watercourse or public
storm drain.
Areas regulated under federal, state, and/or Town law that
comprise hydric soils and/or are inundated or saturated by surface-
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions and regulated.
Wetlands generally include marshes, bogs, vernal pools, wet meadows,
fens and similar areas.
A.
Stormwater pollution prevention plan requirement.
(1)
No application for approval of a land development activity shall be deemed complete until the appropriate board has received a proposed stormwater pollution prevention plan (SWPPP), prepared in accordance with the DEC General Permit for Stormwater Discharges of Construction Activities that will be applicable to the proposed land development activity, as that permit may be amended from time to time, and the supplemental standards set forth below in Subsection B.
(2)
The applicant shall also provide a copy of the SWPPP prepared in
accordance with the specifications of this chapter to the engineering
department or other designated stormwater office of the County of
Ulster. The applicant shall also provide GPS (Global Positioning System)
reference data in a form suitable to the SMO for stormwater outfalls
and permanent structures constructed in accordance with the New York
State Stormwater Management Design Manual.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall document and describe the selection, design, installation,
implementation and maintenance of control measures and practices and
describe the erosion and sediment control practices and, where required,
postconstruction stormwater management practices used to reduce pollutants.
The contents of all SWPPPs will include erosion and sediment control
practices designed in conformance with the technical standard, New
York State Standards and Specifications for Erosion and Sediment Control,
most current edition, and shall also include the following information:
(a)
At a minimum, the site plan shall be drawn at a scale no smaller
than one inch equals 100 feet;
(b)
Buffer (adjacent) areas regulated by the NYS DEC and the Town
of New Paltz;
(c)
Description of ground cover/vegetation along watercourses;
(d)
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. All silt fences and other applicable erosion and sediment
control measures shall be removed from the site after the site has
been stabilized;
(e)
Description of the ground cover conditions throughout the site,
as well as any changes to ground cover that have occurred in the previous
five years;
(f)
For all land development activities that require site plan approval
under Town Code, a description of salt usage for control of snow and
ice shall be included. The frequency, type, quantity, etc., of salt
usage as well as measures to reduce salt usage shall be included;
(g)
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;
(h)
The percent of impervious ground cover should be clearly noted
for preconstruction and postconstruction conditions;
(i)
Temporary practices that will be converted to permanent control
measures;
(j)
Name(s) of the receiving water(s);
(k)
Delineation of SWPPP implementation responsibilities for each
part of the site;
(l)
Description of structural practices designed to divert flows
from exposed soils, store flows, or otherwise limit runoff and the
discharge of pollutants from exposed areas of the site to the degree
attainable; and
(m)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities as defined in § 116-6 of this article and meeting Condition A, B and/or C below shall include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 116-7B(3) and (4) below.
(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 5.0 or more acres.
(c)
Condition C: stormwater runoff from land development activity
disturbing between 1.0 and 5.0 acres of land during the course of
the project, exclusive of the construction of single-family residences.
(3)
General requirements for the contents of all SWPPPs for land development
activities that meet Conditions A, B and/or C shall be the same as
is required in the SPDES General Permit for Stormwater Discharges
From Construction Activity, most current version, and shall also include
the following:
(b)
Description of each postconstruction stormwater management practice,
a stormwater modeling and analysis report, testing results, operation
and maintenance plan and, where required, compliance with the enhanced
phosphorous removal standards.
(c)
Documentation that the stormwater management planning process
using green infrastructure has been followed as required in the Design
Manual using the stormwater management practices in Schedules A1,
A2 and A3.[1] A detailed description as to why each green infrastructure
practice cannot be utilized in the design must be provided. The planning
process steps are as follows:
[1]
Prepare an initial site plan and conceptual design that preserves
natural features and reduces impervious cover by incorporating green
infrastructure practices listed in Schedule A1 as appropriate to achieve
runoff reduction goals and using the evaluation process in the Design
Manual;
[2]
Determine the water quality volume (WQv) using the sizing criteria
in the Design Manual;
[3]
Apply runoff reduction techniques to reduce total WQv using
the green infrastructure practices in Schedule A2 and standard stormwater
management practices with runoff reduction capacity as described in
Schedule A3 and using the sizing and performance criteria in the Design
Manual;
[4]
Determine the minimum runoff reduction volume (RRv) needed using
the sizing criteria in the Design Manual;
[5]
Apply standard stormwater management practices in Schedule A3
to address remaining WQv using the sizing and performance criteria
in the Design Manual; and
[6]
Apply volume and peak rate control practices only if still needed
to meet the requirements in the Design Manual.
[1]
Editor's Note: Schedules A1, A2 and A3 are included as attachments to this chapter.
(d)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(e)
Increases in stormwater runoff volume as a result of the land
development activity shall be presented. Potential downstream impacts
due to increased volume and proposed methods to lessen the volume
shall be discussed.
(f)
Infiltration practices for water quality treatment are preferred
after the use of green infrastructure practices in the design have
been exhausted (per the requirements of the Design Manual) if soils
and other physical characteristics are suitable and if the project
does not involve a stormwater hot spot (See Section 4.11 of the Design
Manual). If infiltration practices are not used, a detailed description
as to why this cannot be achieved must be provided.
(g)
Bioretention practices for water quality treatment are preferred
after the use of green infrastructure practices in the design have
been exhausted (per the requirements of the Design Manual) if physical
characteristics of the site are suitable. If bioretention practices
are not used, a detailed description as to why this cannot be achieved
must be provided.
(h)
The method of soil compaction should be discussed. During construction,
compaction of landscaped or pervious areas should be avoided to allow
infiltration of stormwater into the subsoil.
(i)
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.
(4)
Requirements for postconstruction runoff controls shall comply with
the standards established in the current editions of the Design Manual
and the New York State Standards and Specifications for Erosion and
Sediment Control, and including the following standards for land development
activities that meet Conditions A, B and/or C:
(a)
Pond practices.
[1]
The maximum bottom area of any individual stormwater management
pond or series of stormwater management ponds, including the forebay
area, shall not exceed 0.5 acre, unless specifically accepted by the
Town's reviewing Engineer upon an investigation of the specific site
conditions that could justify an increase in stormwater management
pond area.
[2]
The minimum length to width ratio for the pond shall be 2:1,
or the pond must be designed so that the flow path within the pond
is equal to two times the pond width. The pond inlet and outlet shall
be located on the opposite sides of the pond.
[3]
Maintain a long flow path through the system to the greatest
extent possible, and design ponds with irregular shape.
[4]
The pond shoreline shall be planted with barrier riparian vegetation
in accordance with the Design Manual.
[5]
Sediment removal from the forebay shall occur every three years
or when it becomes 30% full.
[6]
Sediment removal from the main basin shall occur every five
years or when it becomes 30% full (30% of the permanent pool depth),
whichever occurs sooner.
[7]
All low-flow orifices (six-inch diameter or less) shall be adequately
designed to prevent clogging.
[8]
Pond side slopes shall be 3H:1V to allow regular maintenance
(e.g., mowing).
[9]
The principal spillway and large culverts shall not permit access
by small children.
[10]
Pond practices shall meet all requirements set forth in the
Design Manual.
(b)
Infiltration practices.
[1]
The infiltration practice shall operate as an offline treatment
system, with a bypass overflow to a detention basin or other stable
downstream receptacle.
[2]
Remove sediment/gross solids from the infiltration surface annually,
to ensure the maximum surface area for treatment.
[3]
Rehabilitate/replace at least the top six inches of filter media
when flow-through rate reduces to less than 60% design treatment flow
rate (replace greater than six inches as necessary to restore design
treatment flow rate).
[4]
Infiltration practices shall meet all requirements set forth
in the Design Manual.
(c)
Bioretention practices.
[2]
A landscaping plan is required for each bioretention practice.
To the extent practicable, native plant species shall be used.
[3]
Remove sediment/gross solids from the bioretention surface annually
or when depth exceeds three inches.
[4]
Rehabilitate/replace mulch and bioretention media (top six inches
minimum) when flowing through rate reduces to less than 60% design
treatment flow rate.
[5]
Bioretention practices shall meet all requirements set forth
in the Design Manual.
A.
The SWPPP shall be prepared by a New York State registered landscape
architect, an international erosion control association certified
professional in erosion and sediment control (CPESC), an international
erosion control association certified professional in stormwater quality
(CPSWQ) or a New York State licensed professional engineer, 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 chapter and any other applicable laws or regulations. All
components of the SWPPP that involve the practice of engineering,
as defined by the New York State Education Law (see Article 145),
shall be prepared by, or under the direct supervision of, a professional
engineer licensed to practice in the State of New York.
B.
The notice of intent (NOI) acceptance form shall be reviewed and
approved by the Town's authorized and designated MS4 representative
prior to filing the NOI with the DEC to obtain coverage under any
SPDES General Permit for Stormwater.
The applicant shall provide the SMO with acceptable evidence
that all other applicable environmental and/or other required permits
have been, or will be, acquired for the land development activity
prior to approval of the final stormwater design plan.
A.
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:
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"I certify under penalty of law that I have read, understand
and agree to comply with the terms and conditions of the stormwater
pollution prevention plan and agree to implement any corrective actions
identified by the qualified inspector during a site inspection. I
also understand that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
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B.
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.
C.
The certification statement(s) shall be filed with the SMO and become
part of the SWPPP for the land development activity.
A copy of the SWPPP shall be retained at the site of the land
development activity in a prominent place for public viewing during
construction, from the date of initiation of construction activities
until the date of the filing of a notice of termination of coverage
from the General Permit evidencing that all disturbed areas have achieved
final stabilization and the notice of termination has been accepted
by the designated Town MS4 representative. The documents must be maintained
in a secure location, such as a job trailer, on-site construction
office, or mailbox with lock. The secure location must be accessible
during normal business hours to an individual performing a compliance
inspection.
