A.
SWPPP requirement. No application for approval of a land development
activity shall be reviewed until the appropriate board has received
a SWPPP prepared in accordance with the specifications in this chapter.
B.
Contents of SWPPP.
(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. At a minimum, the site map shall 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 discharges(s). The site map shall be
at a scale no smaller than one inch equals 100 feet;
(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 Erosion Control Manual, not more than five acres shall be
disturbed at anyone 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),
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)
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 meeting condition "A", "B", or "C" below
shall also include water quantity and water quality controls (post-construction
stormwater runoff controls) as set forth below as applicable:
(a)
Condition A: Stormwater runoff from land development activities
discharging a pollutant of concern to either impaired water identified
on the DEC's 303(d) list of impaired waters, or such superseding
list as may be prepared by DEC, or a total maximum daily load 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 at least one but less than 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 condition A, B and C:
(b)
Description of each post-construction stormwater management.
(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 duly recorded 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 § 57-10D of this chapter.
(j)
For condition A, the SWPPP shall be prepared by a certified
professional or professional engineer and must be signed by the professional
who prepared the plan, who must certify that the design of all stormwater
management practices meet the requirements of this chapter.
C.
Plan certification. The SWPPP shall be prepared by a landscape architect,
certified professional, or professional engineer and must be signed
by the professional preparing the plan, who shall certify that the
design of all stormwater management practices meet the requirements
in this chapter.
D.
Other environmental permits. The applicant shall 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.
E.
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.
F.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with those technical documents shall
be presumed to meet the standards imposed by this chapter:
B.
Equivalence to technical standards. Where stormwater management practices
are not in accordance with the technical standards, the applicant
or developer must demonstrate equivalence to the technical standards
above (Part A) 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.
A.
Maintenance and inspection 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 chapter. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)
For land development activities that meet conditions A, B or C of § 57-8, the applicant or developer shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.
(3)
At the discretion of the SMO, the applicant, developer or their representative
shall be required to be on site at all times during construction or
grading activities take place for the purposes of inspection and documentation
of 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
to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
chapter. The easement shall be recorded by the grantor in the office
of the Clerk of the County of Nassau after approval by the Village
Attorney.
C.
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure that they are operated and maintained to achieve
the goals of this chapter. Proper operation and maintenance shall
include, 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.
D.
Maintenance agreements. The Village shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners or benefited landowners and recorded in the office of the
Clerk of the County of Nassau as a deed restriction on the property
prior to final plan approval. The maintenance agreement shall be consistent
with the terms and conditions of this chapter. The Village, in lieu
of a 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 chapter and includes
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
