Albany County, NY Chapter 475 Stormwater Management

[HISTORY: Adopted by the Albany County Legislature as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Stormwater management — See Ch. 253.

Article I Green Infrastructure Policy

[Adopted 3-9-2015 by Res. No. 81-2015]

§ 475-1 Findings and intent; approval of policy.

A. As a participant in the State Pollutant Discharge Elimination System (SPDES) Permit Program, Albany County is mandated by the New York State Department of Environmental Conservation to adopt a Green Infrastructure Policy for Albany County Facilities regarding the control of surface water and stormwater discharges in Albany County. The Permit Program requires Albany County to follow Green Infrastructure Policy standards and procedures for all projects regarding the design and construction of new County-owned facilities and the renovation of existing County-owned facilities to reduce the discharge of stormwater pollutants to the maximum extent practicable and to consider the use of green infrastructure in drainage retrofits at existing facilities.

B. The Green Infrastructure Policy for Albany County Facilities shall apply to all projects on County-owned facilities and roads while the Stormwater Program Technician of the Department of Public Works shall be responsible for the administration and oversight of the Albany County Stormwater Management Plan.

C. The Green Infrastructure Policy for Albany County Facilities, as filed with the Clerk of the Legislature, is hereby ratified and approved.

§ 475-2 Review of projects.

In 2010, the Stormwater Coalition of Albany County received a Water Quality Improvement Grant through the NYS Environmental Protection Fund to develop model green infrastructure local laws and policies. The Coalition hired a team consisting of the engineering firm Barton and Loguidice P.C. and law firm Young and Sommer. The team researched green infrastructure laws and policies in place in other municipalities across the United States, developed a scorecard for existing policies, completed a gap analysis to identify opportunities for improvement within existing legal frameworks and drafted language to be considered for adoption by all participating Albany County MS4s. This article is one of the end products of that process. The Stormwater Program Technician within the Albany County Department of Public Works, with support from the Office of Natural Resources Planning, will be responsible for review of projects to evaluate compliance with this policy.

§ 475-3 Purpose and objectives.

A. This article seeks to establish a clear policy to the respective Albany County departments and agencies that have design and construction authority over County-owned facilities and roads so that they reduce the amount of impervious surfaces and reduce the amount of stormwater runoff. Albany County is a "Traditional Non-Land Use Control MS4" pursuant to the New York State Department of Environmental Conservation's SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (Permit No. GP-0-10-002). The aforementioned permit requires the County to undertake various measures during the design and construction of new facilities and the redevelopment of existing facilities to reduce the discharge of stormwater pollutants to the maximum extent practicable, and to consider the use of green infrastructure in drainage retrofits at existing facilities. Compliance with this mandate can be achieved by incorporating the principles of low-impact development, better site design and other green infrastructure measures in the design of County facilities and roads. This document sets forth the measures that must be considered in the design process. It is intended that the appropriateness of these guidelines be evaluated within the context of individual sites and projects, and that practices be utilized to the extent feasible where the opportunity exists and conditions allow.

B. As a "Traditional Non-Land Use Control MS4," the County has a legal obligation to assure that all of its activities comply with the requirements of the SPDES General Permit. Failure of a County agency or department to comply with this policy may result in significant penalties imposed by the State of New York on the County. All agency and department heads are responsible for assuring that their respective agency or department fully complies with this policy; and as provided in § 475-5E below, no project may proceed to requesting construction bids, award contracts or commence construction until a project has been approved in accordance with this policy.

§ 475-4 Applicability.

A. This policy applies to all projects at County-owned facilities that will result in a land disturbance of greater than or equal to one acre, whether work undertaken involves new construction or retrofits of existing facilities.

B. This policy also applies to all projects taking place on County roads that will result in a land disturbance of greater than or equal to one acre. As per NYSDEC regulations, this policy also applies to all road reconstruction projects that involve removing the roadway to the bottom six inches of road subbase.

C. Projects resulting in disturbance of less than one acre are also covered under this policy if, by the nature of the work undertaken, the opportunity exists to reduce the quantity of runoff and/or mitigate impacts to natural resources.

D. A list of the County-owned facilities and roads is attached as Appendix A and will be updated as necessary. For the purpose of this policy, "project" refers to any construction activity at any of the facilities or roads listed in Appendix A.[1]

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

E. Whenever any agency, department or commission is undertaking the design of a project as described above, it shall incorporate the design guidelines set forth herein to the maximum extent practicable.

§ 475-5 Administration.

A. The Stormwater Program Technician (SWPT) residing within the Department of Public Works is responsible for completion of work related to the implementation of the Albany County Stormwater Management Plan, and as such shall perform the functions referenced in this policy to ensure that it is administered.

B. The SWPT shall convene meetings, on at least a quarterly basis, of representatives from each County agency, department and commission having the authority to contract for the construction of County facilities and roads to coordinate integration of the design principles in this article and review compliance with the SPDES General Permit. Regularly held infrastructure cluster or capital projects meetings may be used as a forum to accomplish this task. A list of the covered County agencies, departments and commissions is listed in Appendix B.[1]

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

C. All facilities and stormwater control measures shall be designed in accordance with the most recent New York State Stormwater Management Design Manual.

D. Where completion of a SWPPP is applicable, no agency, department or commission shall commit to a project, request construction bids on a project or commence construction until the project has been reviewed by the SWPT and the SWPPP has been approved.

E. The stormwater design documentation shall describe any exceptions to this policy, including explanation of which policies could not be met and why, as well as alternate measures taken.

§ 475-6 Project location plans and standards.

The design of projects shall consider the existing conditions on the property and should be designed to minimize impacts on hydrologic soil groups and areas adjacent to wetlands and watercourses. Project design plans shall include a soil protection plan which identifies the areas of the various soil types on the property, hydrologic soil groups and soil erosion factors. The plan shall identify soil disturbance areas.

A. Design plan contents. To allow for proper evaluation of a proposed project, the site design plan must be reviewed with consideration of the following information:

(1) All watercourses and water bodies, including classification information if available.

(2) Unique geological features.

(3) State and federally designated wetlands and the 100-foot adjacent area for NYS regulated wetlands.

(4) Locations of significant natural communities (including endangered, threatened or rare plant species; high-quality forested areas).

(5) Slopes equal to or greater than 15%.

(6) 100-year floodplains.

(7) A grading plan.

(8) A tree conservation plan identifying all existing trees 12 inches diameter at breast height (dbh) or greater within the right-of-way of disturbance and within 25 feet of the disturbed area, and identifying the extent of tree clearing and preservation measures.

B. Site design standards. Selection of sites and the design of facilities shall incorporate the following standards to the maximum extent practicable:

(1) Grading on slopes equal to or greater than 15% should be avoided.

(2) Redevelopment of previously developed sites containing grades equal to or greater than 15% should be limited to the areas of the site currently covered by impervious surfaces. Grading on the remainder of the site with slopes equal to or greater than 15% should be avoided.

(3) Locating stormwater management control devices within the 100-year floodplain is strongly discouraged and should only be undertaken if there are no other practicable alternatives.

(4) New development should not be located on highly erodible soils or clay soils prone to slippage, unless an engineering study determines the suitability of the soils for construction and the limitation of potential erosion. Erodible soils are those soils with an erosion factor (K or Kw) of 0.43 or greater as determined by the most recent Natural Resources Conservation Service survey data.

(5) New impervious surfaces shall not be located on hydrologic Soil Groups A or B unless there are no other practicable alternatives.

(6) All construction activities shall be shown on the site plan, be delineated in the field prior to commencing construction and be limited to the following areas:

(a) For site development projects:

[1] Within 40 feet of the project footprint.

[2] Within 10 feet of surface walkways, patios and surface parking.

[3] Within the designated County-owned right-of-way or easement for road curbs, road shoulders, drainage ditches and main trenches for utilities.

[4] Within 25 feet of areas constructed with pervious surfaces (including pervious paving materials, stormwater management facilities and playing fields).

[5] Within the perimeter of staging areas.

(b) For linear projects:

[1] Within 15 feet of edge of pavement or within the ROW, whichever is less.

[2] Staging areas shall be chosen by the contractor unless included in the project plans, and shall comply with all applicable sections of this policy as well as the following criteria:

[a] To the extent practicable, construction staging areas should be limited to previously disturbed areas or areas with compacted or poorly infiltrating soils.

[b] Staging areas shall be sited to prevent damage to sensitive areas.

[c] Staging areas shall include stormwater protection practices such as stabilized construction entrances, and employ suitable erosion and sediment control practices to prevent pollution of runoff.

[d] Standard good housekeeping practices shall be used, including detection and containment of fluid leaks from vehicles and stored materials.

[e] Staging areas shall be restored at the end of the project, including decompaction and turf establishment of unpaved areas.

(7) Unless there is no practicable alternative, vegetation beyond the disturbance areas set forth in Subsection B(6) shall not be cleared or disturbed, and all vegetation within the disturbance areas shall be replaced upon completion of construction.

(8) To the extent practicable, construction staging areas should be limited to previously disturbed areas or areas with compacted or poorly infiltrating soils, and shall be located to avoid impacts to wetlands and riparian buffer zones. Construction staging areas and vehicular travel areas shall not be located underneath tree canopies. Trees identified on the site plan for preservation shall be marked in the field and their tree canopy area delineated.

(9) Native, noninvasive vegetation shall be maintained on all slopes equal to or greater than 15% and for all areas within 50 feet of watercourses and drainage swales.

(10) Constructed or graded slopes may not have a slope greater than 2:1 (3:1 in weak or unstable soils) unless an engineering report and soil stability analysis demonstrate that a slope with a steeper grade has a safety factor of at least 1.5 for static loads and 1.1 for pseudostatic loads.

(11) No clearing, excavation, stockpiling of materials or placement of fill shall occur on the slide block of unstable slopes or other unstable soil areas unless it can be demonstrated that the proposed activity will not increase the load, drainage or erosion on the slope or increase the risk of damage to people, adjacent structures, properties or natural resources.

(12) Proposed paved surfaces on previously undeveloped soils within Hydrologic Soil Group A shall be constructed so at least 90% of the surface is comprised of pervious materials (including porous concrete, porous asphalt, structural pavers and structural grass or equivalent materials), unless it is demonstrated that the pervious materials present a threat to public health or safety.

(13) New buildings proposed on Hydrologic Soil Group A shall have a maximum footprint of 4,500 square feet of continuous impervious surface, except covered pedestrian walkways with a maximum covered width of 10 feet. Building footprint area consisting of an approved green roof or decompacted courtyards or walkways shall be considered pervious surfaces and shall not be calculated as included in the 4,500-square-foot maximum area.

(14) Proposed paved surfaces on previously undeveloped soils within Hydrologic Soil Group B shall be constructed so at least 80% of the surface is comprised of pervious materials (including porous concrete, porous asphalt, structural pavers and structural grass or equivalent materials), unless it is demonstrated that the pervious materials present a threat to public health or safety.

C. Natural resource buffers.

(1) To the extent practicable, natural area buffers shall be maintained in their natural state adjacent to watercourses, bodies of water, wetlands and areas shown on the site plan containing sensitive plant species.

(2) The following distances shall serve as guidelines for buffer areas, with recognition that a different distance may be specified by applicable state or federal permits. These distances may not apply to intermittent constructed drainage ditches along highways:

(a) From the boundary of any state or federally designated wetland: 100 feet.

(b) From the top of bank of any perennial watercourse or body of water: 100 feet.

(c) From the top of bank of an intermittent natural watercourse or body of water: 50 feet.

(d) From the boundary of areas containing sensitive plant or animal species: 50 feet.

(3) When designated, buffer areas shall be shown on the site plan and kept on file in the Department of Public Works. The delineation of the buffer areas shall be demarcated on site during construction.

D. Tree protection. Minimizing the removal of trees and preserving mature trees protects the environment by reducing stormwater runoff, maintaining habitat, promoting clean air and reducing heat island effects. All projects shall minimize, to the maximum extent practicable, the removal of trees.

(1) Projects clearing 0.5 acre or greater of undisturbed land. The site plan shall identify the location of all major vegetation, including all trees larger than 12 inches dbh. In designing a project, efforts shall be taken to minimize the loss of trees by identifying the following for preservation:

(a) Trees that are important to the site or neighborhood due to their size, age or rarity.

(b) Trees located in environmentally sensitive areas such as wetlands.

(c) Trees that offer visual screening or noise buffers to adjoining uses and neighboring properties.

(d) Trees that shelter other trees from strong winds or are part of a continuous and mutually dependent canopy.

(2) Nothing contained herein shall preclude Albany County from removing trees identified for preservation which are diseased, severely damaged, are invasive species or otherwise present a threat to public health, safety or native ecology.

§ 475-7 Facility design guidelines.

All new County facilities shall incorporate the design guidelines of this section. When there is a substantial renovation of an existing facility or roads are reconstructed down to the bottom six inches of subbase, these design standards shall be incorporated to the maximum extent practicable. For retrofit projects, where connection to combined sewer systems presently exists, disconnection incorporating these standards will be considered.

A. Stormwater conveyance design.

(1) Concrete or paved gutters should not be used in any stormwater conveyance measure unless site conditions significantly restrict the ability to use engineered vegetated swales or bioretention methods. Where conditions allow, vegetated swales and bioretention measures shall be placed between roads and sidewalks. Swales and bioretention shall be designed to include safe emergency overflow provisions for large storm events.

(2) Whenever vegetated swales and bioretention measures are utilized, provision shall be made for access to the areas for maintenance of the swales and bioretention measures, including, if necessary, agreements with adjacent property owners to allow equipment to access the stormwater measures for maintenance activities.

(3) When a new road is being designed or an existing road is reconstructed and sufficient space is available in the right-of-way and appropriate soil conditions are present, vegetated swales or bioretention methods should be used for stormwater conveyance and treatment and shall be designed to include safe emergency overflow events for large storm events. Concrete or paved gutters should not be used unless there are no practicable alternatives.

B. Building roof drains.

(1) All new buildings shall be designed with rooftop stormwater conveyance systems that direct stormwater away from roads and parking lots and to vegetated areas, and to areas with Hydrologic Soil Groups A and B and soils with an infiltration capacity of more than 0.5 inch/hour, if available or present on the site.

(2) Consideration shall be made for diversion of rooftop runoff to: a series of rain barrels (or similar rainwater harvesting container), a grassed or vegetated area, a rain garden, a vegetated open channel, an infiltration trench, a pervious surface or a combination of the above or similar measures.

(3) Green roofs.

(a) The design of all new buildings and covered structures shall consider installation of green roofs. Design proposals shall include an analysis of the feasibility and cost-effectiveness of a green roof alternative compared to a conventionally designed roof.

(b) Before committing to including a green roof on a building, a maintenance plan for the roof with provisions for periodic inspections shall be required to be on file with the SWPT. Annual reports on the maintenance of the roof shall be provided to the SWPT.

C. Parking lot design.

(1) Parking lots are a significant source of pollutants carried via stormwater. As the County undertakes the construction of new buildings and the renovation of existing facilities, it will need to assess the need and size of parking facilities and means of encouraging the use of public transit. All projects that may increase the need for parking or involve the alteration of an existing parking lot shall consider the standards in this subsection to determine the appropriate number of parking spaces and the design of the parking lots.

(2) Parking spaces within parking lots or structures may be installed with electric automobile charging stations, including models that charge by solar energy. Such spaces may count toward parking requirements.

(3) For all uses, the County shall apply the standard for a specified use most similar to the proposed use as provided in the zoning law for the municipality where the facility is located with reference to the most current industry standards that incorporate the principles of low-impact development.

(4) Upon a determination that there will be adjacent, on-street publicly available parking, and that such spaces are underutilized, the facility plan may include said spaces in the count for minimum required off-street parking.

(5) Parking spaces in excess of the minimum number of spaces required in Subsection C shall be constructed of pervious materials (permeable pavers, porous asphalt, porous concrete, grass-crete or gravel-crete, structural grass or similar materials). Consideration should be given to using pervious materials throughout the parking lot.

(6) In order to maximize the absorption capabilities of landscaped areas, utilities shall not be located within landscaped areas unless it can be demonstrated that avoidance of landscaped areas will result practical difficulties that outweigh the benefits of locating utilities outside landscaped areas.

(7) All parking lots shall include snow storage and disposal areas that provide for snow melt over vegetated areas or into green infrastructure areas.

(8) Parking stalls shall have a maximum width of nine feet and a maximum length of 18 feet, with the exception of a limited number of stalls designated for buses or delivery trucks not using loading docks.

(9) All parking lots shall be designed to minimize the area needed to provide the required parking spaces. Angled parking and one-way traffic aisles may be considered to achieve this objective in situations where site geometry makes them a practical option.

(10) Where practicable, facility plans should include internal connections to adjacent businesses and roads to facilitate easier pedestrian and vehicle access.

D. Shared parking. The County encourages consideration of innovative proposals to propose shared parking arrangements with other land uses in sufficient proximity if it can be demonstrated that the peak use periods for the respective land uses are complementary and will maximize the use of the parking lots while reducing excessively large parking lots. The County may decide to undertake a shared parking arrangement and determine the size of the parking lot based upon consideration of the following:

(1) A demonstration of complementary timing of the use of the parking lot so that adequate space is available for each designated use and the proximity of the parking lots to each respective use.

(2) Written binding agreements between the County and the landowners of adjacent sites for the use of the parking lots and the maintenance thereof; such agreements shall be recorded as deed restrictions.

(3) A determination of the appropriate number of parking spaces for the new development.

(4) Where the approval of a local municipality of non-County-owned parking lots is required, the approval of the appropriate entity in the municipality for the shared parking plan.

E. Proximity to mass transit.

(1) Where a facility is located within three miles of a CDTA bus stop, the facility plan should provide bike racks or lockers. If bike racks are proposed, the racks should be covered if practicable.

(2) Where a facility is located within 0.25 mile from a CDTA bus stop, and covered bike racks are provided on-site, the facility plan may reduce the minimum number of parking spaces provided in Subsection C by 25%.

(3) Where a facility is located within a 0.25 mile from a "park and ride" parking lot, the facility plan may to reduce the minimum number of parking spaces provided in Subsection C by 25%.

(4) Subsection E(2) and (3) shall not be applied simultaneously to the same site without a feasibility analysis.

F. Bicycle parking. Albany County encourages bicycle use as an alternative to personal cars, and the design of new and renovated facilities should include bicycle parking in proximity to the buildings as set forth in this subsection.

(1) All new and renovated buildings shall include a minimum of two bicycle parking spaces. One bicycle space for every 5,000 square feet of floor area should be considered an appropriate goal in cases where the predominant use of the building constitutes office working space for employees.

(2) Shower and locker facilities for bicyclists are recommended for all buildings. Lockers for clothing and other personal effects should be located in close proximity to showers and dressing areas to permit access to the locker areas by either gender. A minimum of one clothes locker is required for each long-term bicycle parking space provided.

(3) Location of bicycle parking spaces.

(a) The bicycle parking area should be convenient to building entrances and street access, but may not interfere with normal pedestrian and vehicle traffic. For passive security purposes, the bike parking should be well-lit and clearly visible to building occupants or clearly visible from the street.

(b) Bicyclists must not be required to travel over stairs or other obstacles to access bicycle parking.

(c) Short-term bicycle parking spaces should be located no more than 50 feet from the principal building entrance and at the same grade as the sidewalk or an accessible route.

(d) Long-term bicycle parking spaces should be located in a covered area that is easily accessible from the building entrances. The area must comply with one of the following secure locations:

[1] Enclosed in a locked room.

[2] Enclosed by a fence with a locked gate.

[3] Located within view or within 100 feet of an attendant or security guard.

[4] Located in an area that is monitored by a security camera.

[5] Located in an area that is visible from employee work areas.

(4) Design of bicycle parking spaces.

(a) Required bicycle spaces should have a minimum dimension of two feet in width by six feet in length, with a minimum overhead vertical clearance of seven feet. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide between each row of bicycle parking to allow room for bicycle maneuvering.

(b) The area devoted to bicycle parking should be surfaced as required for vehicle parking areas.

(c) All long-term bicycle parking spaces should be covered, which can be achieved through use of an existing overhang or covered walkway, weatherproof outdoor bicycle lockers or an indoor storage area. Where bicycle parking is not located within a building or locker, the cover design must be of permanent construction, designed to protect bicycles from rainfall and with a minimum overhead vertical clearance of seven feet.

(d) Bicycle parking facilities should provide lockable enclosed lockers or racks, or similar structures, where the bicycle may be locked by the user. Racks must support the bicycle in a stable position and must be far enough from walls or obstructions to properly secure the bicycles. Structures that require a user-supplied locking device must be designed to easily allow a high-security U-shaped lock to secure the bike frame and one wheel while both wheels are still on the frame's brackets. All lockers and racks must be securely anchored to the ground or a structure to prevent the racks and lockers from being removed from the location.

(e) If required bicycle parking facilities are not visible from the street or principal building entrance, signs should be posted indicating their location.

G. Sidewalks.

(1) Sidewalks should be designed so as to minimize impervious area to the extent possible while complying with the Americans with Disabilities Act (ADA) and supporting a level of use appropriate to the area in which they are located.

(2) Where conditions allow and sufficient space is available, sidewalks shall be graded such that they drain to vegetated areas in front of buildings, except in areas where the introduction of additional groundwater may be undesirable (building foundations, Hydrologic Soil Group C or D soils) or determined to be physically impracticable.

(3) Sidewalks constructed in accordance with the Americans with Disabilities Act (ADA) utilizing compliant porous pavement or an alternative porous surface are encouraged. Permeable sidewalks are strongly encouraged and may be required in lieu of impermeable sidewalks where soils are within Hydrologic Soil Group A or B, unless determined to be physically infeasible or waived due to verified safety concerns.

(4) Where motor vehicle volume and speeds are low enough that crossing the street is not difficult for people with disabilities and children, sidewalks should only be placed on one side of the street, with appropriate and safe pedestrian access provided to cross the street.

(5) If sufficient space is available, a continuous permeable strip shall be located between the sidewalk and the curbside or edge of pavement. The permeable strip shall be three feet wide or 1/3 the width of the sidewalk, whichever is greater, and shall extend for the length of the sidewalk. On multi-lane roads, wider strips should be provided, if possible, for snow storage.

(6) Where right-of-way widths and terrain contours allow, vegetated buffers should be used instead of curb to separate sidewalks from vehicle lanes, and sidewalks may be constructed at street level to reduce channelizing of stormwater flow. The minimum width of the vegetated buffer should be four feet unless physical constraints preclude the design, and should be wider on roads with higher traffic speeds or volumes. Crossings of the vegetated area should be incorporated only where necessary for driveways and pedestrian access to the continuous sidewalk. Protective buffers and/or markings may be necessary to enhance pedestrian safety.

H. Curb design.

(1) Curbs should generally be restricted to areas where advantages exceed the effects of concentrated flow. Examples include traffic calming schemes, where reduced vehicle speeds and volumes can justify reduced roadway widths, locations where adequate vegetated buffers [Subsection H(3)] cannot be provided and overpass bridges.

(2) The option to omit curbing should be considered along any new or reconstructed roads or driveways in situations where use of curbing would interfere with the opportunity for stormwater infiltration, although this evaluation must also take into account engineering and safety considerations as well as the impact on adjacent properties.

(3) Where possible, curbs along roads, parking lots and driveways shall include curb cuts to allow for diversion into green infrastructure practices, including stormwater planters, bioretention areas, tree pits and filter strips. Curb cuts should incorporate trash racks to prevent trash from entering the green infrastructure measures.

I. Landscaping and permeable strips.

(1) To the extent practicable, landscaped areas in a project site plan, including in parking lots, shall be lowered and incorporate curb cuts or other diversion devices to divert stormwater to the landscaped areas as part of the stormwater management plan.

(2) Where the opportunity exists, permeable strips between sidewalks and roads and parking lots may be utilized as linear bioretention areas with curb cuts that divert the stormwater into the bioretention areas.

(3) To the extent practicable, parking lot runoff should be allowed to flow through any planted area that may be available in order to cool runoff temperatures before entering the storm drain system.

Article II Stormwater Management Policy

[Adopted 2-9-2016 by Res. No. 17-2016]

§ 475-8 Findings and applicability.

A. As a participant in the State Pollutant Discharge Elimination System (SPDES) Permit Program, Albany County is mandated by the New York State Department of Environmental Conservation to adopt a Stormwater Management Policy regarding the protection of local waterways from a number of key pollutants of concern in Albany County. The Permit Program requires Albany County to follow Green Infrastructure Policy standards and procedures for all projects regarding the design and construction of new County-owned facilities and the renovation of existing County-owned facilities to reduce the discharge of stormwater pollutants to the maximum extent practicable and to consider the use of green infrastructure in drainage retrofits at existing facilities.

B. The Stormwater Management Policy for Albany County Facilities shall apply to all projects on County-owned facilities and roads, while the Stormwater Program Technician of the Department of Public Works shall be responsible for the administration and oversight of the Albany County Stormwater Management Policy.

C. The Stormwater Management Policy for Albany County, as filed with the Clerk of the Legislature, is hereby ratified and approved.

§ 475-9 Background and purpose.

A. In the meaning of the Federal Clean Water Act and implementing regulations promulgated by the New York State Department of Environmental Conservation (NYSDEC), Albany County is municipal entity that owns and operates a municipal separate storm sewer system (MS4) within a U.S.-Census-designated urbanized area. The County is permitted by NYSDEC to discharge stormwater into waters of the State of New York under the terms and conditions of State Pollutant Discharge Elimination System (SPDES) General Permit GP-0-15-003. The permit designates the County as a "Traditional Non-Land-Use Control MS4."

B. Albany County also regularly undertakes construction projects which, in the meaning of SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002), result in land disturbance of one acre or more. Such projects are subject to coverage under the aforementioned permit, and adherence to terms and procedures associated with GP-0-15-002 is also a condition of compliance with Minimum Control Measures 4 and 5 of GP-0-15-003.

C. Albany County adopted Local Law No. 7-2007[1] to prohibit any discharges of non-stormwater pollutants or contaminants to its MS4 and to local waters present on or adjacent to County properties or rights-of-way. Enforcement of this local law is administered as a means of maintaining compliance with Minimum Control Measures 3, 4, 5 and 6 of GP-0-15-003.

[1] Editor's Note: See Ch. 253, Stormwater Management, Art. I.

D. The purpose and intent of this policy is to outline the specific, explicit procedures and responsibilities of County departments and staff in implementing the stormwater permit compliance program, given existing administrative arrangements unique to Albany County. The objective behind this effort is to protect local waterways from a number of key pollutants of concern, including but not limited to silt, sediment, chemical substances and debris from construction; and nutrients, oils and grease, metals, bacteria, sediment, trash/floatables and organic matter from the County's municipal operations.

§ 475-10 Administration.

A. The Stormwater Management Program of Albany County is administered primarily through the Department of Public Works, but entails additional efforts from multiple other departments. The County's Stormwater Management Program Plan designates the following positions as having authority for stormwater program implementation:

(1) Commissioner of Public Works: Stormwater Program Coordinator and Stormwater Management Officer.

(2) Stormwater Program Technician, Public Works: annual report preparer and day-to-day permit compliance manager.

(3) Senior Planner, Office of Natural Resources: stormwater public contact.

(4) County Executive: elected official with signatory and executive authority.

B. To facilitate regular open communication regarding all issues pertaining to stormwater permit compliance, and to further enable other departments within the County to be equipped with the knowledge and resources to perform their responsibilities relevant to the permits, a Stormwater Committee has been formed.

(1) The Committee meets a minimum of four times per calendar year, and includes representation from the following departments:

(a) General Services.

(b) Law.

(c) Sewer District.

(d) Natural Resources and Economic Development.

(e) Public Works.

(f) Director of Operations.

(2) Committee functions shall include review of updates to stormwater issues, regulations and policies, discussion and planning of ongoing permit compliance efforts throughout the County, review of projects under the Albany County Green Infrastructure Policy adopted January 2015, and development and revision of needed policies, procedures and best management practices. Full implementation of the Stormwater Management Program entails involvement by a number of individuals, positions and departments across the County organizational structure. The Albany County Stormwater Program Organizational Flow Chart depicts and summarizes roles and relationships within the County for program implementation.

C. Albany County is also a dues-paying and voting member of the Stormwater Coalition of Albany County. As a shared-services entity consisting of 12 regulated MS4s within the geographical boundaries of Albany County, the Stormwater Coalition assists the County with program implementation. Organizationally, the Coalition consists of a Board of Directors with representation by elected officials from each member MS4 (meeting quarterly), a Working Group with representation by stormwater program implementation staff (meeting monthly) and various committees for special tasks as periodically assigned.

§ 475-11 Stormwater Management Program plan.

A. Beginning in 2012, the Stormwater Coalition of Albany County created a Stormwater Management Program (SWMP) Plan intended to comply with all relevant aspects of the SPDES permit program. The plan is organized around the six "Minimum Control Measures" detailed in SPDES GP-0-15-003. The SWMP Plan, most recently updated in April 2015, conforms to the requirements of GP-0-15-003 by including measurable goals for each best management practice (BMP) that:

(1) Describe the BMP and measurable goal;

(2) Include time lines, schedules and milestones;

(3) Include quantifiable goals whose progress can be tracked;

(4) Describe how the covered entity will address pollutants of concern.

B. While the Stormwater Coalition SWMP Plan is a collaborative document, the goals, tasks and BMPs listed therein are specific for each member. The SWMP Plan functions as the primary guidance document for Albany County's stormwater compliance program, and is on file with the Stormwater Program Technician in the Department of Public Works.

C. The following is a summary of the six minimum control measures (MCM) outlined in the permit and an overview of how Albany County proceeds in achieving compliance. The Stormwater Coalition, in its SWMP Plan, also recognizes two additional areas of focus (stormwater program management and administration and training of staff and officials).

(1) MCM 1: Public education and outreach. This MCM includes best management practices (BMPs) that focus on describing to the public the impact of stormwater discharges on local water bodies, explaining what constitutes a stormwater discharge and describing pollutants of concern and steps that can be taken to eliminate or control those pollutants. In accordance with guidance from NYSDEC, Albany County's "public" (and therefore its target audience) is primarily its own employees and staff, as well as third-party contractors and vendors that perform services on behalf of the County. This MCM is implemented by the Stormwater Coalition, the Stormwater Program Technician within Public Works, and the Senior Planner within the Office of Natural Resources.

(2) MCM 2: Public participation and involvement. This MCM includes BMPs that focus on involving County employees in the development and implementation of the stormwater management program. It also includes all requirements for public notice and review pertaining to the annual report and SWMP Plan, as well as offering the opportunity for any member of the general public to inquire about the County's Stormwater Program or submit a complaint pertaining to water quality and/or stormwater management.

(3) MCM 3: Illicit discharge detection and elimination. This MCM includes BMPs that focus on the detection and elimination of contaminated, nonstormwater discharges to the storm sewer conveyance system. The Department of Public Works is responsible for detecting illicit discharges in coordination with other departments such as Code Enforcement and Environmental Health, and implements a regular program of outfall inspections and testing of dry-weather flows. The County has the authority to issue violations pursuant to elimination of such discharges under County Local Law No. 7-2007.[1] The County also maintains a map of its storm sewer conveyance system and associated drainage areas.

[1] Editor's Note: See Ch. 253, Stormwater Management, Art. I.

(4) MCM 4: Construction site runoff control. This MCM includes BMPs that lead to the reduction of pollutants in stormwater runoff from ongoing construction activities. County oversight of construction activity must provide equivalent protection to SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002, or as amended or revised). All County stormwater pollution prevention plans (SWPPPs) must include erosion and sediment control practices and planning in accordance with current NYS Standards and Specifications, as well as construction site waste material management, and inspections and maintenance of practices. Construction site runoff control is also considered in all County highway work permits as well as in GML § 239 reviews where the potential exists to impact County roadways or other assets.

(5) MCM 5: Post-construction stormwater management. This MCM includes BMPs focused on the minimization of water quality impacts from developed land and completed construction projects. County oversight of post-construction stormwater management must provide equivalent protection to SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002, or as amended or revised). County SWPPPs that include creation of new impervious surfaces must fully address post-construction stormwater management in accordance with the most current version of the NYS Stormwater Management Design Manual. Post-construction management practices are inventoried, inspected on a regular schedule and maintained to ensure proper long-term functioning to protect water quality. The County also implements a Green Infrastructure Policy to ensure that its own projects take full advantage of runoff reduction opportunities to the extent practicable and appropriate.[2] Post-construction stormwater management is also considered in all County highway work permits as well as in GML § 239 reviews where the potential exists to impact County roadways or other assets.

[2] Editor's Note: See Art. I, Green Infrastructure Policy, of this chapter.

(6) MCM 6: Pollution prevention and good housekeeping for municipal operations. This MCM includes BMPs that minimize stormwater pollution resulting from all County operations, facilities and equipment use. To accomplish this, the County performs assessments of all of its facilities and operations at a minimum of once every three years, and develops site-specific or activity-specific recommendations to correct noted deficiencies and reduce identified sources of pollutants or pollution risks. Regular training of County employees responsible for facilities and operations is an important part of this MCM.

D. The following is a list of local waters that, due to drainage from County roads or facilities within the urbanized area, have been identified as water bodies and watersheds of concern relative to the MS4 program. Asterisked items (*) are considered the highest priority watersheds due to known water quality impairments and risks from urban runoff:

Shaker Creek and Farm Brook

Ann Lee Pond*

Patroon Creek*

Sand Creek*

Krum Kill*

Vly Creek

Normans Kill

Kaikout Kill

Other tributaries to north

Lisha Kill

Black Creek

Vloman Kill

Dowers Kill

Hudson River direct drainage

E. The attached map of County Roads and Facilities (November 2015, Office of Natural Resources)[3] outlines the geographic areas of concern relative to the Albany County MS4 General Permit. Note that MCM 4 and MCM 5 apply to all highlighted roads and facilities shown on the map. The remaining minimum control measures (1, 2, 3 and 6) apply only to facilities and roads that fall within the shaded area, which represents the urbanized portions of the County according to the combined data from the 2000 and 2010 U.S. Censuses. It should be noted that, per guidance from NYSDEC, areas designated as urbanized in 2000 that were no longer determined to meet the relevant population density criteria in 2010 are still considered "urbanized" for the purposes of administering the MS4 General Permit.

[3] Editor's Note: Said map is on file in the County offices.

F. The remaining sections of this article outline required policies and procedures to be implemented by County officials and staff in order to ensure that work taking place under permits within County rights-of-way does not cause or contribute to stormwater pollution; to ensure that stormwater management issues are addressed in General Municipal Law § 239 reviews conducted by the Albany County Planning Board; and to ensure that County capital projects fully address all stormwater management and runoff control issues and permit requirements.

G. The policy also references the following documents, which are hereby appended to this policy:

(1) Albany County Stormwater Program Organizational Flow Chart.[4]

[4] Editor's Note: Said flowchart is on file in the County offices.

(2) Albany County Green Infrastructure Policy (adopted March 9, 2015; Resolution No. 15-081).[5]

[5] Editor's Note: See Art. I, Green Infrastructure Policy, of this chapter.

(3) Albany County Illicit Discharge Detection and Elimination Procedures.

§ 475-12 Review and inspection of permits and projects for state general permit compliance.

A. Stormwater program compliance enforcement for highway and County property work permits (associated with County ROW, construction activity, drainage, access, maintenance and protection of traffic).

(1) Staff involved:

(a) Commissioner of Public Works. Duties include overall oversight and final approval or disapproval of all permits.

(b) Clerk, Public Works. Duties include administrative support (logging in new applications, filing and mailing of approved permits).

(c) Civil Engineer 1, Public Works. Duties include general oversight of Engineering Division.

(d) Traffic Engineer, Public Works. Duties include primary permit engineering review, forwarding/assigning relevant applications to the Stormwater Program Technician for further review, recommendation of approval and/or policy to Commissioner.

(e) Senior Traffic Technician, Public Works. Duties include survey, design, inspection

(f) Stormwater Program Technician, Public Works. Duties include drainage, erosion and sediment control, environmental issues (CPESC).

(g) Principal Engineering Technician (or other Engineering Technician, as available), Public Works: permit construction inspection (four-hour ESC contractor trained).

(h) Senior Code Enforcement Officer and Staff: construction inspection for all County facilities projects for code compliance.

(i) Director of Facilities Engineering and Staff: construction inspection for all County facilities projects for engineering plan consistency.

(j) Director of Environmental Health and Staff: investigation of public complaints regarding water quality issues.

(2) Review procedure:

(a) Permit application form on line or is sent to/picked up by applicant.

(b) Clerk receives permit application.

(c) Clerk records on database (Excel File Permits): assigned permit #, date received, location of proposed work, name of owner/operator, status, date of approval/disapproval, brief description of type of work, fee, remarks.

(d) Permit is sent by Clerk to Traffic Engineer for review.

(e) Traffic Engineer determines the type of review needed and gives to appropriate staff for review. If review requires consideration of GP-0-15-002 (or current construction permit) and/or GP-0-15-003 (or current MS4 permit), it is flagged and recorded for permit requirements and reviewed by staff accordingly. Traffic Engineer reviews geometry, temporary and permanent traffic control, basic drainage, etc. Traffic Engineer or Traffic Engineering Technician reviews site conditions.

(f) Stormwater Program Technician reviews SWPPP using County SWPPP review form as required. A full review of the SWPPP shall be completed by the DPW Stormwater Program Technician for projects exceeding one acre of land disturbance that present potential impacts to drainage systems of County roads, or to other County assets, by virtue of changes in hydrology or possible impacts to water quality. No net increase in discharge to County drainage systems above pre-project conditions, up to and including peak flow from the 25-year storm event, shall be permitted. Projects shall be reviewed to ensure compliance with the New York Standards and Specifications for Erosion and Sediment Control (2005 or current/updated version) and New York State Stormwater Management Design Manual (2015 or current/updated version). Albany County DPW shall provide comments concerning draft SWPPP submittals to both the designer and the reviewing municipality, and shall ensure that comments are adequately addressed in subsequent submittals before notifying municipal reviewers that the SWPPP is satisfactory relative to County interests. To the extent applicable, the SWPPP review form developed by the Albany County Stormwater Coalition shall be utilized.

(g) If CAP or SWPPP is required, permit is recorded under GP-0-15-003 (or current MS4 permit) annual file. Owner/Operator is contacted and provided a copy of the permit requirements.

(h) Staff review is submitted to Traffic Engineer. If changes will be required to approve the permit, Traffic Engineer discusses issues with permittee.

(i) Once issues are resolved, Traffic Engineer recommends approval or disapproval to Commissioner. If permit is approved, Traffic Engineer writes cover letter stipulating permit conditions.

(j) Commissioner approves or disapproves permit.

(k) Clerk submits fees to Office of Management and Budget.

(l) Field check is completed by DPW Engineering staff.

(3) Permit violation procedure (includes highway work permits as well as any work undertaken by an outside party on County properties):

(a) Report of violation is made to Engineering Department. Violations shall include, but not be limited to, failure to obtain coverage under GP-0-15-002 (or as amended) or to comply with an approved stormwater pollution prevention plan for work within an Albany County right-of-way or property; violations of water quality standards (such as muddy water contrasting with natural conditions, sheens of oil, globules of grease or any introduction of toxic chemicals to water or drainage systems); failure to comply with terms of work permit to restore the site (i.e., stabilization with erosion and sediment control as well as re-establishment of permanent vegetation and return to preexisting grade); and any violation of NYS Highway Law § 136. Violations of Local Law No. 7-2007[1] that are discovered outside of active construction activities shall be handled through Albany County's Illicit Discharge Detection and Elimination (IDDE) Program Procedures.

[1] Identified through formal inspection.

[2] Report to the DPW Engineering Division by any County employee.

[3] Report by outside agency.

[4] Identified through citizen complaint.

[1] Editor's Note: See Ch. 253, Stormwater Management, Art. I.

(b) Violation severity is assessed.

[1] Traffic Engineer, Stormwater Program Technician, Facilities Engineering Inspector, Code Enforcement Officer and/or on-site inspector or Public Works foreperson will investigate violations and execute immediate action or request corrective measures unless consultation with the Commissioner of DPW is necessary, in which case this shall be done first. Examples of time-sensitive scenarios requiring immediate action to stop a violation include, but are not limited to, the following:

[a] Spills of oil and chemicals (Spill cleanup activities consistent with DPW employee training should commence immediately.);

[b] Ongoing discharges of turbid or visibly polluted water causing a visible contrast to natural conditions in the receiving water body;

[c] Any violation of water quality standards pursuant to the New York State Environmental Conservation Law and/or the U.S. Clean Water Act;

[d] Conditions in which an imminent threat to life or property exists.

[2] In the above cases or comparable events, the Commissioner of DPW shall be notified as soon as possible; and at the discretion of the inspector or County representative present on-site, appropriate enforcement authorities or emergency responders may be contacted as applicable, as described in Subsection A(3)(d), (e), (f) and (g) below. Also, where applicable, procedures outlined in Albany County Local Law No. 7-2007[2] and the "Albany County Illicit Discharge Detection and Elimination Procedures" document shall be followed.

[2] Editor's Note: See Ch. 253, Stormwater Management, Art. I.

[3] Examples of scenarios in which the violation is not severe enough to immediately involve intervention by the Commissioner of DPW include, but are not limited to:

[a] Situations where erosion and sediment control practices are in deteriorating condition that risks failure, or have not been installed in a manner consistent with SPDES GP-0-15-002 (or current General Permit for Stormwater Discharges from Construction Activity), the New York Standards and Specifications for Erosion and Sediment Control (2015 or current version) or (where applicable) an approved stormwater pollution prevention plan.

[b] Incorrect installation of permanent drainage structures or practices, where the contractor is present and working on-site at the time of discovery. This shall include, but not be limited to, failure to install stormwater management practices in a manner consistent with SPDES GP-0-15-002 (or current General Permit for Stormwater Discharges from Construction Activity), the New York State Stormwater Management Design Manual (2015 or current version) or (where applicable) an approved stormwater pollution prevention plan.

[4] In these cases, the inspector or other County representative may request corrective action and, if compliance is not obtained within 24 hours, refer the matter to the Commissioner.

(c) If a violation of SPDES GP-0-15-002 (or current general permit for stormwater discharges from construction activity), a violation of water quality standards or any aspect of the NYS Environmental Conservation Law occurs, notification to the NYSDEC Regional Office shall be completed at [phone], or at the violations hotline, 1-844-332-3267.

(d) If a spill of oil, petroleum or other chemical has occurred, notification shall be made to the NYSDEC Spill Reporting Hotline [phone]) unless the spill is known to be less than five gallons, is contained and controlled, is cleaned up within two hours of discovery and does not reach state waters or lands.

(e) If a violation of federal, state, County or local law is involved, law enforcement officials, including but not limited to the Albany County Sheriff's Department, may be contacted.

(f) If the violation takes place within a municipality that is designated as a regulated municipal separate storm sewer system covered under SPDES GP-0-15-003 (i.e., City of Albany, Village of Altamont, Town of Bethlehem, City of Cohoes, Town of Colonie, Village of Colonie, Town of Guilderland, Town of New Scotland, Village of Menands, Village of Voorheesville, City of Watervliet), the Stormwater Management Officer designated by the municipality shall be contacted to take any enforcement action that may be appropriate.

(g) Notice of violation and penalty assessment.

[1] Notice of violation and penalty assessment (in escalating order):

[a] Verbal warning issued by Commissioner of DPW stating the nature of violation and required actions to be taken to correct it. This stage may be skipped depending on the seriousness of the violation.

[b] Written warning issued by Commissioner of DPW describing the nature of the violation and required actions to be taken to correct it. This stage may occur concurrent with a stop-work order if warranted by the seriousness of the violation.

[c] Stop-work order issued by Commissioner of DPW, to remain in effect until the violation is ceased and fully corrected, and any damage remediated as applicable.

[d] Permit revocation by Commissioner of DPW, if the previous steps do not result in compliance and correction of the violation and damages.

[e] Referral to Law Department under Highway Law § 136 for fine.

[f] Withholding of future highway work permits and/or non-return of bond monies (where applicable).

[2] Failure of the violator to respond to initial warnings will result in escalation to more severe sanctions.

(h) Follow-up and documentation.

[1] Reinspection at the end of the compliance period.

[2] File report of the action taken and results, including preventative actions as well as any repair actions undertaken to remedy any damage to natural resources that may have occurred.

B. Planning reviews of private sector projects for impacts to County (issues associated with County Planning GML § 239 review process, County ROW, construction activity, drainage, access, maintenance and protection of traffic).

(1) Staff involved:

(a) County Planner, Public Works. Duties include project review for GML § 239 compliance for Albany County Planning Board; coordination with DPW Engineering (as described below).

(b) Civil Engineer 1, Public Works (PE). Duties include overseeing all aspects of review process, review of projects for any impact to County roads and drainage systems, and right-of-way issues; representing Commissioner of DPW on Albany County Planning Board.

(c) Traffic Engineer, Public Works (PE). Duties include review of projects for traffic-related issues, including highway work permits.

(d) Stormwater Program Technician, Public Works (CPESC). Duties include review for drainage, erosion and sediment control, stormwater management, environmental permit issues.

(2) Procedure:

(a) County Planner receives plan for proposed project for review from municipality.

(b) County Planner maintains project database; there is a limited time window for review under NYS GML § 239 (typically two to three weeks).

(c) County Planner determines the type of review needed and gives to appropriate staff for review. In addition to internal referrals within DPW by the staff noted above, referrals may be made to Laura DeGaetano (Planning and Natural Resources) and/or Tom Brady (Department of Environmental Health).

(d) Permit is reviewed by staff using the Albany County Stormwater Coalition's Stormwater Pollution Prevention Plan (SWPPP) Application Review Checklist (under development).

(e) Owner/Operator is contacted, at the discretion of the staff, for additional notification and clarification of stormwater permit requirements and provisions.

(f) Staff review, including letters and other correspondence, is submitted to County Planner as part of the review process.

(g) Staff may forward or field response from other municipalities concerning the project if the project will affect others within or around the project area.

(h) County Planner submits proposals to County Planning Board for review and vote and returns the recommendation letters to the municipalities. The recommendation letter shall contain the following note: "Albany County is designated as a regulated Municipal Separate Storm Sewer System (MS4) and must comply with the provisions of the NYSPDES General Permit for Stormwater Discharges from Small MS4s (GP-0-15-003, or as amended) in accordance with the Clean Water Act. The NYSPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002, or as amended) is also required for activities with soil disturbances of one acre or more. The Clean Water Act requires Albany County to control point source discharges to groundwater as well as surface water."

(i) If the project under review requires GP-0-15-002 (or current construction permit) coverage, it is incorporated into the recommendations from the ACPB back to the municipal board.

(j) Final recommendations as voted on by the Albany County Planning Board are mailed to the municipality both in hard copy and electronically. As required by NYS GML § 239, a "local action sheet" is sent with the hard copy and is intended to be completed and signed by the municipality recording its vote on the project, and returned to the County Planner to be filed with the original project file.

(k) The project files for GML § 239 reviews to the ACPB are kept by the County Planner. All files are kept by year and organized by month of review by the Board. A summary folder for stormwater-related projects is kept in the file cabinet for the planning year. The folder has a copy of the reviews that involved comments/review by ACDPW staff for stormwater impacts to the County to be counted in the annual report.

(l) The Stormwater Program Technician records the permit under the MS4 Annual Report tracking file. The County Planner maintains a copy of the final ACPB recommendation letter in the planning file for the County's SW Annual Report. Also, a copy of the ACPB recommendation letter is emailed to Stormwater Program Technician; and if a work permit is required, then it is also sent to traffic engineer.

§ 475-13 Stormwater permit compliance procedures for County capital projects.

A. Stormwater issues and permit requirements need to be identified in association with the following activities and actions:

(1) Request for legislative action (RLA). If the proposed project is over an acre in size of disturbed area, Legislators need to be notified that the proposed project must comply with the provisions of GP-0-15-002 (or current construction permit) and GP-0-15-003 (or current MS4 permit), and will be required to follow County MS4 program requirements.

(2) Request for proposals (RFP). If the proposed project is over an acre in size of disturbed area, proposers need to be notified that the proposed project is subject to GP-0-15-002 and GP-0-15-003 (or current construction and MS4 permits). Proposers for design and construction will be required to follow County MS4 program requirements. RFP will contain Section 34, Parts A and B, language detailing stormwater permit requirements and referencing related certification statements.

(3) Bonding. If the proposed project is over an acre in size of disturbed area, proposers for design and construction need to be notified that the proposed project is subject to GP-0-15-002 and GP-0-15-003 (or current construction and MS4 permits). Proposers will be required to follow County MS4 program requirements.

(4) Consolidated Local Street and Highway Improvement Program (CHIPS). If the proposed project is over an acre in size of disturbed area, proposers for design and construction need to be notified that the proposed project is subject to GP-0-15-002 and GP-0-15-003 (or current construction and MS4 permits). Proposers will be required to follow County MS4 program requirements.

(5) In-house. If the proposed project is over an acre in size of disturbed area, the County department will need to be notified that the proposed project is subject to GP-0-15-002 and GP-0-15-003 (or current construction and MS4 permits). The County department will be required to follow County MS4 program requirements.

(6) Environmental review. If the proposed project is over an acre in size of disturbed area, State Environmental Quality Review must state that the proposed project is subject to GP-0-15-002 and GP-0-15-003 (or current construction and MS4 permits). The proposed project will be required to follow County MS4 program requirements. In addition, actions subject to New York State regulations concerning historic preservation, freshwater wetlands and stream disturbance activity, as well as projects subject to regulation by the U.S. Army Corps of Engineers or U.S. Fish and Wildlife Service, all need to include erosion and sediment control procedures set forth by the respective agencies or departments.

B. Staff involved:

(1) Commissioner of Public Works. Duties include oversight and plan approval.

(2) Civil Engineer 1, Public Works. Duties include contract documents, design, project management.

(3) Purchasing Agent. Duties include contract documents.

(4) Clerk, Public Works. duties include contract documents.

(5) Traffic Engineer, Public Works. Duties include design, SWPPP, project management.

(6) Principal Engineering Technicians and Engineering Technicians, Public Works. Duties include survey, design, inspection, SWPPP (4-hour ESC contractor trained).

(7) Principal Drafting Technician, Public Works. Duties include survey, design.

(8) Senior Traffic Technician, Public Works. Duties include survey, design, inspection.

(9) Stormwater Program Technician, Public Works. Duties include drainage erosion and sediment control, environmental issues, SWPPP preparation (CPESC).

(10) Senior Natural Resource Planner. Duties include State Environmental Quality Review (SEQR) for County capital projects.

(11) Senior Code Enforcement Officer and staff. Duties include codes and permit compliance for all County facilities.

(12) Director of Facilities Engineering and staff. Duties include project development and engineering for all County facility improvements and new construction.

(13) Commissioner of General Services. Duties include oversight of project development and stormwater compliance activities for all County facilities.

(14) Commissioner of Management and Budget. Duties include oversight of development and approval of capital projects list/capital plan.

(15) Senior Budget Analyst. Duties include review of projects and estimates subject to approval for capital plan.

C. Procedure for SWPPP development and review.

(1) Project selection. Consider stormwater management feasibility, issues and opportunities (including green infrastructure and runoff reduction) when selecting projects; this shall be completed at the concept development phase by engineering divisions within Public Works and General Services. The Office of Management and Budget shall review all preliminary estimates and calculations submitted by each department to verify that appropriate allocations have been made in order to meet stormwater permit requirements. Where applicable, estimates and calculations shall also be submitted for additional verification to the Stormwater Program Technician in Albany County DPW. Opportunity may also exist to identify projects with stormwater program implications during State Environmental Quality Review by the Senior Natural Resources Planner within the Office of Economic Development, Conservation and Planning. This information shall be passed along to the Stormwater Program Technician for evaluation. The Stormwater Program Technician (DPW) shall determine whether the project will result in one acre or greater of land disturbance (i.e., require development of a SWPPP and coverage under SPDES GP-0-15-002). This shall apply to all County projects. The Stormwater Program Technician shall report all stormwater requirements to the Commissioner of Public Works, who is designated as the County's Stormwater Program Coordinator. Where a project affects County departments other than Public Works, the Stormwater Program Technician shall also advise the Commissioner of General Services, who shall pass knowledge of relevant requirements on to the responsible department(s).

(2) Green Infrastructure Policy review.[1] Where an action is identified as Type I during State Environmental Quality Review, assessment of the project for green infrastructure opportunities by the Senior Natural Resources Planner within the Office of Economic Development, Conservation and Planning shall occur prior to the design concept phase. Otherwise, green infrastructure opportunities shall be identified during project concept development by DPW Engineering and/or Facilities Engineering. All capital project concepts shall be forwarded by the Office of Management and Budget to the Stormwater Program Technician for preliminary green infrastructure applicability review. Upon identification by the Stormwater Program Technician (DPW) that the policy applies to any given project, it shall undergo review by the Green Infrastructure Committee [represented by Public Works (Stormwater Program Technician), Economic Development, Conservation and Planning (Senior Natural Resources Planner), General Services (Senior Code Enforcement Officer), Operations (Director of Operations), and Sewer District (Executive Director)] for compliance with the Albany County Green Infrastructure Policy, and efforts shall be made to incorporate green infrastructure and runoff reduction measures to the maximum extent practicable. The Office of Management and Budget shall review relevant projects to ensure that funding is appropriately provided for design efforts to attempt to identify opportunities for green infrastructure implementation. The Stormwater Management Program Coordinator (Commissioner of Public Works), at the recommendation of the members of the Committee above, shall have the authority to approve projects pursuant to the Green Infrastructure Policy.

[1] Editor's Note: See Art. I, Green Infrastructure Policy, of this chapter.

(3) Survey. Engineering divisions within County departments shall collect data needed for design and permitting, including information on elevation, grades, drainage structure inverts, limits of vegetation and natural resource boundaries, as well as size and construction of all existing stormwater management and drainage structures.

(4) Preliminary engineering. If a SWPPP is required, the responsible County department shall ensure that the designer delineates drainage areas subject to water quality and quantity control; determine the impervious area that requires treatment; identifies potential stormwater management practice types and locations; completes and documents all calculations relative to stormwater quality and quantity. Review of this information by the Stormwater Program Technician should be requested.

(5) Detail design and SWPPP preparation. If a SWPPP is required, drainage system components and management practices shall be designed, and SWPPP narrative and detailed specifications shall be prepared. The responsible department shall obtain wetland and stream disturbance permits, prepare the notice of intent with assistance from the Stormwater Program Technician as necessary; and ensure that all contract plans and documents contain sufficient guidance to the contractor on how to comply with all aspects of the SWPPP and GP-0-15-002 (or current construction permit).

(6) If a project shall be contracted to a third party for SWPPP development, the contractor's work shall be subject to review and approval by the Stormwater Program Technician, who shall advise the Commissioner of Public Works or Commissioner of General Services, as applicable, of the status of review and approval. Bid and contract language shall contain the appropriate paragraphs (Section 34, Parts A and B) and certification statements.

(7) If it is determined at any point in the project construction that it will be necessary to disturb greater than five acres of land surface simultaneously, explicit written approval must be obtained from NYSDEC as described in GP-0-15-002.

(8) Project letting and contract issuance. Include proper notices (Section 34, Parts A and B) and documents (including bidder certification statements) in PS&E package, and brief the selected contractor on requirements. The following certification forms shall be completed as applicable: Part A, SWPPP Preparation; Part B, Inspections During Construction; Part C, Final Stabilization; Part D, Installed Stormwater Management Practices. In addition, all projects requiring a SWPPP shall include Articles SC-20 and SC-21, stating the County's policy to comply with the terms and conditions of SPDES GP-0-15-002.

D. Procedure for construction SWPPP implementation and SPDES compliance.

(1) The Stormwater Program Technician (DPW) and/or an engineer familiar with the stormwater pollution prevention plan (SWPPP) shall attend the pre-construction meeting as well as scheduled construction meetings where stormwater issues are discussed. At the time of the pre-construction meeting, it shall be stressed that erosion and sediment control practices shall be in place before any other work commences at the site unless an exception has been explicitly made in the SWPPP due to project sequencing factors.

(2) The Stormwater Program Technician (DPW) and/or a County engineer familiar with the SWPPP and knowledgeable in erosion and sediment control and stormwater management shall inspect and document construction and maintenance of temporary and permanent practices, or shall review the inspection documents if a contractor is performing this work on the County's behalf. For projects requiring GP-0-15-002 coverage, documented inspections shall be completed by a qualified inspector (P.E., CPESC or R.L.A.). Completed reports documenting these inspections shall be submitted within 24 hours to the Stormwater Program Technician (DPW). Also, routine maintenance inspections shall be completed by an individual employed by the contractor who has completed the required four-hour erosion and sediment control certification training endorsed by NYSDEC within the past three years. Inspections by the qualified inspector shall be completed at least once every seven calendar days and shall be subject to the documentation requirements described in GP-0-15-002. Where soil disturbances have been temporarily suspended and stabilization measures have been applied to all disturbed areas, inspections can be conducted once every 30 calendar days. Routine maintenance inspections by the contractor shall be completed on a daily basis while the site is active.

(3) All contractors that create site disturbance are required to sign the contractor certification statement contained in the SWPPP (pursuant to GP-0-15-002) prior to commencing any construction activity. If deficiencies are discovered in installed practices, the qualified inspector shall notify the contractor in writing of the nature of the problem and recommended actions to resolve it, as well as a time frame for correction, taking into account the seriousness of the issue as well as current or forecasted weather conditions. If a water quality violation, or immediate threat of a water quality violation, exists, the Qualified Inspector shall order that all work cease and desist immediately, except activities necessary to remedy or prevent the violation. In the latter case, if the problem is not corrected within 24 hours, the Commissioner of DPW (Stormwater Program Coordinator) shall be notified.

(4) A copy of the General Permit, notice of intent, SWPPP and all inspection reports completed throughout the duration of the project are to be maintained at a readily accessible location on the construction site. A copy of the notice of intent acknowledgement letter sent by NYSDEC shall be posted in a visible location on the project site. Any requests by any member of the public to view the stormwater pollution prevention plan and associated documents shall be granted within a reasonable time frame from the request, provided that no documents may be removed from the project site.

(5) Amendment of the SWPPP shall take place only when the existing SWPPP proves to be ineffective at minimizing pollutants in stormwater discharges from the site, or there is a change in design, construction or operation at the project site that could have an effect on the discharge of pollutants, or to address deficiencies or issues identified by the qualified inspector, NYSDEC, EPA or any other authorized regulatory agency. The SWPPP is to be updated promptly whenever there is a change in the erosion and sediment control measures or procedures, and significant changes in the location or application of practices shall be documented immediately in site plans and inspection reports. If it should be determined that a change in the design of post-construction stormwater management or runoff reduction practices is necessary, an amended notice of intent must be submitted to NYSDEC and reflected in all documentation pertaining to the SWPPP and construction reports. Erosion and sediment control measures shall remain in place throughout the duration of construction unless final stabilization in a part of a sequenced project is achieved and practice removal is explicitly authorized by the qualified inspector. Upon final stabilization as defined in GP-0-15-002, and prior to submittal of a notice of termination, all temporary erosion and sediment control practices shall be removed and any necessary restoration completed to the satisfaction of the qualified inspector and Stormwater Program Technician.

(6) Final payment of the contractor responsible for installation of erosion and sediment control and/or post-construction stormwater management practices shall be contingent on the condition of the site being such that a notice of termination (NOT) for coverage under SPDES GP-0-15-002 can be filed at the conclusion of the project. In addition to the qualified inspector, the Stormwater Program Technician (if not one and the same) shall inspect the site for project acceptance prior to submittal of a NOT. The qualified inspector and Stormwater Program Coordinator (Commissioner of Public Works) shall sign off on the NOT after such inspection is made and the site is in condition satisfactory to both.

(7) If applicable, the DPW foreperson responsible for the geographic location of the project shall be given specific post-construction stormwater management practice inspection and maintenance instructions at this time and, if possible, shall be present during the final site inspection. All post-construction stormwater management practices shall be inspected at least once per year by either a professional engineer with training in stormwater management and erosion and sediment control, or a certified professional in erosion and sediment control working under the supervision of a professional engineer. Recommendations for maintenance shall be forwarded to the Commissioner and Deputy Commissioner of Public Works, who shall schedule and coordinate required maintenance work with the responsible foreperson for each facility.