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.
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, and using land for growing agricultural products, but shall not include the construction of new structures associated with agricultural activities, the cutting of timber or firewood for sale or barter, or any mining or other removal of earthen materials.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BASIC STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A basic SWPPP shall consist of a site-specific detailed erosion and sediment control plan prepared by a CPESC, licensed professional engineer or registered landscape architect at scale of not less than one inch equals 50 feet.
BUILDING
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 gross floor area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
COMMENCEMENT OF CONSTRUCTION
The initial removal of vegetation and disturbance of soils associated with clearing, grading or excavating activities or other construction activities.
CPESC
A certified professional in erosion and sediment control.
CPSWQ
A certified professional in stormwater quality.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation. See also "NYSDEC."
DESIGN MANUAL
The New York State Stormwater Management Design Manual (SMDM), most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL
A primary source control that is any practice that protects the soil surface and prevents the soil particles from being detached by rainfall or wind.
EROSION CONTROL MANUAL
The most recent version of the manual entitled "New York Standards and Specifications for Erosion and Sediment Control," commonly known as the "Blue Book."
FINAL SITE STABILIZATION
The condition achieved after all soil-disturbing activities at the site have been completed and a uniform, perennial vegetative cover with a density of 80% has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas not covered by permanent structures.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
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.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area, inclusive of both state and federal wetlands, 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."
LAND DEVELOPMENT ACTIVITY
Site preparation, development and/or construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance.
LANDOWNER
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.
MAINTENANCE AGREEMENT
A legally recorded document which serves as a property deed restriction and provides for the long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
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.
NYSDEC
The New York State Department of Environmental Conservation. See also "Department."
OWNER or OPERATOR
The person, persons or legal entity which owns or leases the property on which the construction activity is occurring; and/or an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
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 land development activity.
PROJECT
Land development activity.
QUALIFIED INSPECTOR
A person that is knowledgeable in the principles and practices of erosion and sediment control, such as a licensed professional engineer, certified professional in erosion and sediment control (CPESC), registered landscape architect, or other Department-endorsed individual(s). It can also mean someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that person has training in the principles and practices of erosion and sediment control. Training in the principles and practices of erosion and sediment control means that the individual working under the direct supervision of the licensed professional engineer or registered landscape architect has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity. After receiving the initial training, the individual working under the direct supervision of the licensed professional engineer or registered landscape architect shall receive four hours of training every three years. It can also mean a person that meets the qualified professional qualifications in addition to the qualified inspector qualifications. (Note: Inspections of any post-construction stormwater management practices that include structural components, such as a dam for an impoundment, shall be performed by a licensed professional engineer.)
QUALIFIED PROFESSIONAL
A person knowledgeable in the principles and practices of stormwater management and treatment, such as a licensed professional engineer, licensed landscape architect or other NYSDEC-endorsed individual(s). Individuals preparing SWPPPs that require the post-construction stormwater management practice component must have an understanding of the principles of hydrology, water quality management practice design, water quantity control design, and, in many cases, the principles of hydraulics, in order to prepare a SWPPP that conforms to the NYSDEC's technical standard. 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.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and/or habitats for threatened, endangered or special concern species.
SITE WORK PERMIT
A permit issued by the Town Code Enforcement Officer to track projects involving land development activities subject to the requirements of this chapter but for which no other permits or approvals from the Town are required.
SOUND AGRICULTURAL PRACTICES
Agricultural practices that either have been or would be determined sound by the Commissioner of Agriculture and Markets upon application of the guidelines recommended for the Commissioner's use by the New York State Advisory Council on Agriculture, including but not limited to:
A. 
The practice should be legal;
B. 
The practice should not cause bodily harm or property damage off the farm;
C. 
The practice should achieve the results intended in a reasonable and supportable way;
D. 
The practice should be necessary.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP No. 0-15-002
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.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP No. 0-15-003
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.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
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.
STORMWATER MANAGEMENT
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.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the Town Board of the Town of Union Vale to accept and review stormwater pollution prevention plans, forward the plans to the applicable Town board or agency and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
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.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, including both an erosion control plan prepared by a CPESC, licensed professional engineer or registered landscape architect, and a water quality plan prepared by a CPSWQ, licensed professional engineer or registered landscape architect, with it required, however, that any SWPPP that includes post-construction stormwater management practices shall be prepared by a qualified professional as defined herein.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation or snowmelt.
SURFACE WATERS OF THE STATE OF NEW YORK
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.
TIMBER HARVESTING GUIDELINES
Published guidelines posted by the New York State Department of Environmental Conservation in consultation with the New York Society of Foresters and the New York State College of Environmental Science and Forestry dealing "with problems caused by soil erosion, siltation and inattention to aesthetics" and including "best management practices recommended for timber harvesting in New York State, plus additional aesthetic practices."
TRAINED CONTRACTOR
An employee from the contracting (construction) company, identified by the owner or operator that will be responsible for installing, constructing, repairing, replacing, inspecting and maintaining the erosion and sediment control practices included in the SWPPP, that has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity. 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 [e.g., licensed professional engineer, certified professional in erosion and sediment control (CPESC), registered landscape architect, or someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided he or she has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity]. The trained contractor will be responsible for the day-to-day implementation of the SWPPP.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
A. 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed by the Planning Board or other Town agency as may be appropriate until the Stormwater Management Officer has received for review and approval a stormwater pollution prevention plan (SWPPP) prepared and signed by a CPESC, licensed professional engineer or registered landscape architect in accordance with the specifications in this chapter. For land development activities having less than one acre of disturbance, refer to Subsection B(2)(a) below.
(1) 
An owner or operator of a construction activity shall have his or her SWPPP reviewed and accepted by the Town of Union Vale prior to submitting the notice of intent (NOI) to the NYSDEC. Such acceptance by the Town shall be indicated by the issuance of an MS4 acceptance form to the owner or operator by the Town.
(2) 
The Planning Board Chairperson shall not sign any approval of an application for a land development activity until the Town receives a copy of the acknowledgement of receipt of the NOI from the NYSDEC for a conforming SWPPP and both a copy of the acknowledgement of receipt of the NOI and an approval from the NYSDEC for a nonconforming SWPPP.
(3) 
Likewise, the Stormwater Management Officer shall not sign any approval of an application for any land development activities that are not subject to review and approval by a board of the Town of Union Vale under subdivision, site plan, and/or special permit regulations until the Town receives a copy of the acknowledgement of receipt of the NOI from the NYSDEC and an approval from the NYSDEC for a nonconforming SWPPP.
(4) 
The SWPPP must include documentation supporting the determination of permit eligibility with regard to historic places or archaeological resources. At a minimum, the supporting documentation shall include the following:
(a) 
Information on whether the stormwater discharge or construction activities would have an effect on a property (historic or archeological resource) that is listed or eligible for listing on the State or National Register of Historic Places;
(b) 
Results of historic resources screening determinations conducted. Information regarding the location of historic places listed, or eligible for listing, on the State or National Registers of Historic Places and areas of archeological sensitivity that may indicate the need for a survey can be obtained online by viewing the New York State Office of Parks, Recreation and Historic Places (OPRHP) online resources located on its website at: http://nysparks.state.ny.us/shpo/online-tools/ (using The Geographic Information System for Archeology and National Register). OPRHP can also be contacted at: NYS OPRHP, State Historic Preservation Office, Peebles Island Resources Center, P.O. Box 189, Waterford, NY 12188-0189; phone: 518-237-8643;
(c) 
A description of measures necessary to avoid or minimize adverse impacts on places listed, or eligible for listing, on the State or National Register of Historic Places. If the owner or operator fails to describe and implement such measures, the stormwater discharge is ineligible for coverage under this permit; and
(d) 
Where adverse effects may occur, any written agreements in place with OPRHP or other governmental agencies to mitigate those effects, or local land use approvals evidencing the same.
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 project.
(b) 
Site map/construction drawing(s) for the project, including a general location map. The site map shall be at a scale no less than one inch equals 50 feet. 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; mapped habitats; 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) 
Description of the soil(s) present at the site.
(d) 
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 otherwise provided for within an approved SWPPP.
(e) 
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) 
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) 
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 close-out, including the use of pervious pavers or porous pavement, which is encouraged by the Town of Union Vale where practicable to reduce stormwater runoff.
(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) 
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) 
Inspection and maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(m) 
Name(s) of the receiving water(s).
(n) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(o) 
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) 
Identification of any elements of the design that are not in conformance with the requirements in the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control. Include the reason for the deviation or alternative design and provide information which demonstrates that the deviation or alternative design is equivalent to the technical standards.
(q) 
Any existing data that describes the stormwater runoff at the site.
(r) 
A completed notice of intent (NOI). Said NOI shall be submitted to the NYSDEC and the Town to obtain SPDES General Construction Permit GP No. 0-15-002 coverage prior to commencement of construction. Proof of coverage shall be submitted to the SMO and the Planning Board prior to final approval and prior to endorsement of the subdivision plat, special use permit, or site plan by the Planning Board Chairman.
(2) 
Required plans.
(a) 
A basic SWPPP as defined in § 190-7 of this article shall be required for all land development activities having less than one acre of disturbance, including the construction of either a single-family or two-family residence and an agricultural building that results in the disturbance of between one acre and five acres of land, as well as all other construction projects identified in SPDES GP No. 0-15-002, Appendix B, Table 1, as attached hereto within Schedule C.[1] The Stormwater Management Officer may waive any or all of the requirements of the basic SWPPP for projects having less than one acre of disturbance upon consideration of the following criteria: impact of runoff on subject property or adjacent property; grades and slopes upon which project is proposed; soil types in location of project or adjacent to project; duration of project construction; or any other consideration having its basis in the protection of environment which would be secured if a basic SWPPP were required.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
(b) 
All construction projects identified in SPDES GP No. 0-15-002, Appendix B, Table 2, as attached hereto within Schedule C,[2] as needing post-construction stormwater management practices shall be further the subject of an SWPPP that includes stormwater management practices designed in conformance with the most current version of the technical standard, New York State Stormwater Management Design Manual ("Design Manual").
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
(3) 
SWPPP requirements:
(a) 
All information set forth in above Subsection B(1).
(b) 
Description of each post-construction stormwater management practice.
(c) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
(d) 
Hydrologic and hydraulic analyses for all structural components of the stormwater management system for the applicable design storms.
(e) 
Comparison of post-development stormwater runoff conditions with pre-development conditions.
(f) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice.
(g) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
(h) 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair, such easements to be recorded on the plan and shall remain in effect with transfer of title to the property.
(i) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article II, § 190-13B of this chapter; or formation of a stormwater management district, administered by the Town, to perform these responsibilities.
(j) 
Preparation of the SWPPP by a CPESC, licensed professional engineer or registered landscape architect, who shall sign the plan and certify that the design of all stormwater management practices meets the requirements in this chapter.
A. 
Certification; additional information.
(1) 
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 hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the New York State Pollutant Discharge Elimination System ('SPDES') general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings."
(2) 
In addition to providing the certification statement above, the certification page must also identify the specific elements of the SWPPP that each contractor and subcontractor will be responsible for and include the name and title of the person providing the signature; the name and title of the trained individual(s) responsible for SWPPP implementation; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification statement is signed. The owner or operator shall attach the certification statement(s) to the copy of the SWPPP that is maintained at the construction site. If new or additional contractors are hired to implement measures identified in the SWPPP after construction has commenced, they must also sign the certification statement and provide the information listed above.
B. 
The certification statement(s) shall become part of the SWPPP for the land development activity.
A copy of the SWPPP bearing signed and dated notation of approval by the Stormwater Management Officer shall be maintained and available at the site of the land development activity from the date of initiation of site preparation, development and/or 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"), including but not limited to Table 5.1 presented therein and attached hereto as Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(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. 
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 above § 190-12A, and the SWPPP shall be prepared by a licensed professional engineer.
C. 
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. 
Maintenance and inspection during construction.
(1) 
The applicant or developer of the land development activity or such person's 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 chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50% and placed in an acceptable location and shall be properly stabilized.
(2) 
For land development activities as defined in § 190-7 of this article and meeting § 190-8B(2)(a) or (b), the owner or operator shall have a qualified inspector conduct site inspections in accordance with the following timetable:
(a) 
For construction sites where soil disturbance activities are ongoing, the qualified inspector shall conduct a site inspection at least once every seven calendar days.
(b) 
For construction sites where soil disturbance activities are ongoing and the owner or operator has received authorization in accordance with Part II.C.3[1] to disturb greater than five acres of soil at any one time, the qualified inspector shall conduct at least two site inspections every seven calendar days. When performing just two inspections every seven calendar days, the inspections shall be separated by a minimum of two full calendar days.
[1]
Editor's Note: See Part II.C.3 of the SPDES General Permit for Stormwater Discharges, on file in the Town offices.
(c) 
For construction sites where soil disturbance activities have been temporarily suspended (e.g., winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the qualified inspector shall conduct a site inspection at least once every 30 calendar days. The owner or operator shall notify the NYSDEC Regional Office stormwater contact person and the Town of Union Vale Stormwater Management Officer in writing prior to reducing the frequency of inspections.
(d) 
For construction sites where soil disturbance activities have been shut down with partial project completion, the qualified inspector can stop conducting inspections if all areas disturbed as of the project shutdown date have achieved final stabilization and all post-construction stormwater management practices required for the completed portion of the project have been constructed in conformance with the SWPPP and are operational. The owner or operator shall notify the NYSDEC Regional Office stormwater contact person and the Town of Union Vale Stormwater Management Officer in writing prior to the shutdown. If soil disturbance activities are not resumed within two years from the date of shutdown, the owner or operator shall have the qualified inspector(s) perform a final inspection and certify that all disturbed areas have achieved final stabilization, and all temporary, structural erosion and sediment control measures have been removed; and that all post-construction stormwater management practices have been constructed in conformance with the SWPPP by signing the "Final Stabilization" and "Post-Construction Stormwater Management Practice" certification statements on the notice of termination (NOT). The owner or operator shall then submit the completed NOT form to the NYSDEC with copy to the Town of Union Vale Stormwater Management Officer.
(e) 
In addition, any significant failure of stormwater management facilities or change to the SWPPP shall be reported immediately to the Stormwater Management Officer. The owner or operator shall notify the Town Stormwater Management Officer in writing of any planned amendments or modifications to the post-construction stormwater management practice component of the approved SWPPP. Unless otherwise notified by the Town, the owner or operator shall have the SWPPP amendments or modifications reviewed and accepted by the Town prior to commencing construction of the post-construction stormwater management practice.
(3) 
The owner or operator shall ensure that at least one trained contractor is on site on a daily basis when soil disturbance activities are being performed. "Daily basis" means that the trained contractor visits the site each day when soil disturbance activities are being performed and spends as much time as needed to ensure that his or her employees are properly implementing the SWPPP.
B. 
Qualified inspector inspection requirements. The owner or operator shall have a qualified inspector conduct site inspections in conformance with the following requirements:
(1) 
Note: The trained contractor cannot conduct the qualified inspector site inspections unless they meet the qualified inspector qualifications. In order to perform these inspections, the trained contractor would have to be a:
(a) 
Licensed professional engineer;
(b) 
Certified professional in erosion and sediment control (CPESC);
(c) 
Registered landscape architect; or
(d) 
Someone working under the direct supervision of, and at the same company as, the licensed professional engineer or registered landscape architect, provided that he or she has received four hours of Department-endorsed training in proper erosion and sediment control principles from a Soil and Water Conservation District, or other Department-endorsed entity.
(2) 
A qualified inspector shall conduct site inspections for all construction activities with the exception of:
(a) 
The construction of a single-family residential subdivision with 25% or less impervious cover at total site build-out that involves a soil disturbance of one or more acres of land but less than five acres;
(b) 
The construction of a single-family home that involves a soil disturbance of one or more acres of land but less than five acres; and
(c) 
Construction on agricultural property that involves a soil disturbance of one or more acres of land but less than five acres.
(d) 
Those associated with the basic SWPPP requirements required by the SMO for projects having less than one acre of disturbance.
(3) 
At a minimum, the qualified inspector shall inspect all erosion and sediment control practices to ensure integrity and effectiveness, all post-construction stormwater management practices under construction to ensure that they are constructed in conformance with the SWPPP, all areas of disturbance that have not achieved final stabilization, all points of discharge to natural surface water bodies located within, or immediately adjacent to, the property boundaries of the construction site, and all points of discharge from the construction site.
(4) 
The qualified inspector shall prepare an inspection report subsequent to each and every inspection. At a minimum, the inspection report shall include and/or address the following:
(a) 
Date and time of inspection;
(b) 
Name and title of person(s) performing inspection;
(c) 
A description of the weather and soil conditions (e.g., dry, wet, saturated) at the time of the inspection;
(d) 
A description of the condition of the runoff at all points of discharge from the construction site; this shall include identification of any discharges of sediment from the construction site; includes discharges from conveyance systems (i.e., pipes, culverts, ditches, etc.) and overland flow;
(e) 
A description of the condition of all natural surface water bodies located within, or immediately adjacent to, the property boundaries of the construction site which receive runoff from disturbed areas; this shall include identification of any discharges of sediment to the surface water body;
(f) 
Identification of all erosion and sediment control practices that need repair or maintenance;
(g) 
Identification of all erosion and sediment control practices that were not installed properly or are not functioning as designed and need to be reinstalled or replaced;
(h) 
Description and sketch of areas that are disturbed at the time of the inspection and areas that have been stabilized (temporary and/or final) since the last inspection;
(i) 
Current phase of construction of all post-construction stormwater management practices and identification of all construction that is not in conformance with the SWPPP and technical standards;
(j) 
Corrective action(s) that must be taken to install, repair, replace or maintain erosion and sediment control practices; and to correct deficiencies identified with the construction of the post-construction stormwater management practice(s); and
(k) 
Digital photographs, with date stamp, that clearly show the condition of all practices that have been identified as needing corrective actions. The qualified inspector shall attach paper color copies of the digital photographs to the inspection report being maintained on site within seven calendar days of the date of the inspection. The qualified inspector shall also take digital photographs, with date stamp, that clearly show the condition of the practice(s) after the corrective action has been completed. The qualified inspector shall attach paper color copies of the digital photographs to the inspection report that documents the completion of the corrective action work within seven calendar days of that inspection.
(5) 
Within one business day of the completion of an inspection, the qualified inspector shall notify the owner or operator and appropriate contractor or subcontractor of any corrective actions that need to be taken. The contractor or subcontractor shall begin implementing the corrective actions within one business day of this notification and shall complete the corrective actions in a reasonable time frame.
(6) 
All inspection reports shall be signed by the qualified inspector. The inspection reports shall be maintained on site with the SWPPP.
C. 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility (except that which serves only a single-family residence) 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 Town of Union Vale to ensure that the facility is maintained in proper working condition to meet design standards and any other provision established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Attorney for the Town of Union Vale and consent of the Town Board.
D. 
Maintenance after construction. The owner or operator of permanent stormwater management practices (SMPs) installed in accordance with this chapter shall ensure they are 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 § 190-12C of this article.
E. 
Maintenance agreements.
(1) 
The Town of Union Vale shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Dutchess County Clerk as a deed restriction on the property prior to final plan approval.
(2) 
The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Model Stormwater Control Facility Maintenance Agreement/Declaration of Covenants and Restrictions for Maintenance of Stormwater Management Facilities."[2] The Town Board of the Town of Union Vale, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, whether directly or on behalf of a stormwater drainage district, 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.
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.