Chapter 305, Zoning, of the Code of the Village of Cayuga Heights is hereby supplemented to include this supplemental regulation titled "Stormwater Control."
The terms used in this Part 1 or in documents prepared or reviewed under this part shall have the meaning as set forth in this section.
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed an application for a land development activity.
Any structure used for or intended for supporting or sheltering any use or occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate conveyance of property by its owner for general public use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
Excavation or fill of material, including the resulting conditions thereof.
See "impervious surface."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any paved, hardened or structural surface which does not allow infiltration of water. Such surfaces include, but are not limited to, impervious streets, driveways, parking lots, tennis courts, buildings, and swimming pools.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or groundwater at a frequency of duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The legal or beneficial owner of land, including those holding the right to lease the land, or any other person holding proprietary rights in the land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
Pollution from any source other than from any discernible, confirmed, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
See "stormwater runoff."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, such as rain or melting snow, that does not soak into the ground but runs off into waterways.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the public storm drain.
A.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications of this Part 1.
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 shall be at a scale no smaller than one inch equals 100 feet, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s);
(c)
Description of the soil present at the site(s);
(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 pursuant to 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;
(h)
A site map/construction drawing(s) specifying the location(s), sizes 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 citing 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)
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; and
(p)
Any existing data that describes the stormwater runoff at the site.
(2)
Land development activities as defined in § 235-7 of this chapter and meeting Condition "A," "B," or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition A — Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b)
Condition B — Stormwater runoff from land development activities disturbing five or more acres.
(c)
Condition C — Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(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 analysis 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; easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
C.
Other environmental permits. The applicant shall ensure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
D.
Contractor certification.
(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 certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(2)
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.
(3)
The certification statement(s) shall become part of the SWPPP for the land development activity.
E.
Availability. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of this Part 1, 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 Part 1:
(1)
The New York State Stormwater Management Design manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual).
(2)
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual).
B.
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 § 235-9A and the SWPPP shall be prepared by a licensed professional.
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 during construction.
(1)
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Part 1. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
(3)
The applicant or developer or their representative shall, at the discretion of the stormwater officer, 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.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village of Cayuga Heights to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Part 1. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village of Cayuga Heights.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this Part 1 shall operate and maintain the stormwater management practices to achieve the goals of this Part 1. 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 part.
(2)
Written procedures for operation and maintenance and training new maintenance personnel.
D.
Maintenance agreement. The Village of Cayuga Heights shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this Part 1 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.[1]