[Amended 6-20-2007 by L.L. No. 4-2007; 10-1-2014 by L.L. No.
7-2014; 7-15-2020 by L.L. No. 8-2020]
It is hereby determined that:
A.
Uncontrolled drainage and runoff associated with land development
has a significant impact upon the health, safety and welfare of the
community.
B.
Eroded soil endangers water resources by reducing water quality and
causing the silting of streams, lakes and other water bodies, adversely
affecting aquatic life.
C.
Stormwater runoff and sediment transports pollutants such as heavy
metals, hydrocarbons, nutrients and bacteria to water resources, degrading
water quality.
D.
Eroded soil necessitates repair and accelerates the maintenance needs
of stormwater management facilities.
E.
Clearing, grading and altering natural topography during construction
tends to increase erosion.
F.
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing streambank erosion and
sedimentation.
G.
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
H.
Improperly managed stormwater runoff can increase the incidence of
flooding and the severity of floods that occur, endangering property
and human life.
I.
Substantial economic losses can result from these adverse impacts.
J.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of land development
activities.
The purpose of this article is to safeguard persons, protect
property, and prevent damage to the environment in the Town of Glenville,
New York. This article will also promote the public welfare by guiding,
regulating, and controlling the design, construction, use, and maintenance
of any land development activity as it relates to erosion and sedimentation
control and stormwater management. This article seeks to meet these
purposes by achieving the following objectives:
A.
Meet the requirements of minimum control Measures 4 (construction
site stormwater runoff control) and 5 (postconstruction stormwater
management) of the State Pollution Discharge Elimination System (SPDES)
general permit for stormwater discharges from municipal separate stormwater
sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised.
B.
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
(SPDES) general permit for construction activities GP-02-01 or as
amended or revised.
C.
Minimize discharge of pollutants caused by stormwater runoff from
land development activities draining to impaired waters.
D.
Minimize increases in pollution caused by stormwater runoff from
land development activities in order to reduce flooding, siltation,
increases in stream temperature, and streambank erosion and maintain
the integrity of stream channels;
E.
Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality;
F.
Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable; and
G.
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
H.
Encourage the use of green infrastructure practices to control stormwater
runoff such as protecting natural areas, reducing impervious cover,
maintaining natural hydrology, and using runoff reduction techniques
to the maximum extent practicable.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Town Board of the Town of Glenville
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
Town of Glenville and for the protection and enhancement of its physical
environment. The Town Board may include in any such local law provisions
for the appointment of any municipal officer, employees, or independent
contractor to effectuate, administer and enforce such local law.
A.
Except as otherwise provided herein, no person shall commence or perform any land development activity as defined in § 270-79 herein without the review and approval of a stormwater pollution prevention plan (SWPPP) by the responsible board and/or the Stormwater Management Officer.
B.
The municipality shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Officer may (1) review the plans, (2) upon approval by
the Town Board of the Town of Glenville, engage the services of a
registered professional engineer to review the plans, specifications
and related documents at a cost not to exceed a fee schedule established
by said governing board, or (3) accept the certification of a licensed
professional that the plans conform to the requirements of this law.
C.
Applicants shall also obtain all other permits required by state,
federal, and local laws. Whenever the particular circumstances of
proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the Town of Glenville,
the responsible board shall integrate the requirements prescribed
herein as appropriate and determine the adequacy of the SWPPP.
D.
All land development activities not subject to review as stated in Subsection C shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law.
E.
Redevelopment projects. Redevelopment projects, as defined herein, provide an opportunity to reduce pollutant discharges and the rate and the amount of runoff leaving the redevelopment site, as well as to improve the quality of the runoff. However, the nature of the site, particularly in an urban location, may impose constraints that prevent implementation of full postconstruction compliance. Chapter 9 of the New York State Stormwater Management Design Manual sets forth the standards for compliance with water quantity and quality standards and specifications.
F.
Consideration shall be given to using alternative stormwater management
practices such as rain gardens, pervious pavers, green roofs and other
low-impact development techniques to reduce stormwater impacts.
G.
No SWPPP is required for the following exempt activities:
(1)
Any emergency activity that is immediately necessary for the protection
of life, property, or natural resources.
(2)
Agricultural operations conducted as a permitted principal or accessory
use, including the construction of structures where the land disturbance
is less than one acre.
(3)
Routine maintenance activities that are performed to maintain the
original line and grade, hydraulic capacity, or original purpose of
a stormwater management facility. This includes roadway drainage ditch
maintenance (although erosion and sedimentation impacting waters of
the United States is still a violation under the Clean Water Act).
(4)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer or his designee.
(5)
Mining as defined herein.
(6)
The renovation/replacement of a septic system serving an existing
dwelling or structure.
(7)
Normal lawn and landscaping activities/maintenance.
(8)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(9)
Silviculture activities: the harvest of timber in accordance with
a forest management plan prepared by a forest management professional.
Activities include the selective cutting of timber, delimbing and
trimming, felling, skidding, log haul road construction and maintenance,
loading, stacking and temporary storage prior to transport from the
site. (Note: One-time clear cutting, or the nonrecurring practice
of timber harvesting, is not considered an exempt activity.)
As used in this article, the following terms shall have the
meanings indicated:
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, the construction
of a barn or other agricultural building, silo, stockyard or pen,
or structural practices identified in Table II in the Agricultural
Management Practices Catalog for Nonpoint Source Pollution in New
York State.
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
A person who has received training and is certified by CPESC
Inc., or other professionally accredited association, recognized for
its expertise in the erosion and sedimentation prevention field, to
review, inspect and/or maintain erosion and sediment control practices.
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 initial disturbance of soils associated with clearing,
grading, or excavating activities, or other construction activities.
The deliberate appropriation of property by its owner for
general public use.
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.
A watershed where the most recent version of the SPDES general
permit for stormwater discharges from construction activities requires
a reduction of phosphorus loads utilizing the enhanced phosphorus
removal standards contained in the Design Manual.
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
The most recent version of the "New York State Standards
and Specifications for Erosion and Sediment Control" manual, commonly
known as the "Blue Book."
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
Green infrastructure approaches infiltrate, evapotranspire
or reuse stormwater, using soils and vegetation rather than hardscape
collection, conveyance and storage structures. Common green infrastructure
approaches include green roofs, trees and tree boxes, rain gardens,
vegetated swales, pocket wetlands, infiltration planters, vegetated
median strips, reforestation, and protection and enhancement of riparian
buffers and floodplains.
A Natural Resource Conservation Service classification system
in which soils are categorized into four runoff potential groups.
Rivers, streams, lakes and ponds on the 303(d) list of waterbodies
impaired by pollutants related to construction activity (silt, sediment
or nutrients).
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
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 are part of a larger common
plan of development or sale, and will occur under one plan, even though
multiple separate and distinct land development activities may take
place at different times on different schedules.
A person currently licensed to practice engineering, or landscape
architecture in New York State or who is a certified professional
in erosion and sediment control. (CPESC).
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the most current State
Pollution Discharge Elimination System general permit for stormwater
runoff for construction activity.
The person, persons, or legal entity which owns or leases
the property on which the construction activity is occurring.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase 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.
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed-use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. (The operator of a major project must submit an
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls.)
Any land development activity associated with a permitted
agricultural use or single-family residential construction/subdivision
that disturbs between one and five acres and is not discharging stormwater
directly to a water body listed on New York State 2002 Section 303(d)
list of impaired water bodies. (At present in Schenectady County,
Collins Lake is the only water body on the list due to phosphorous
levels associated with urban runoff.) (The operator of a minor project
must submit an SWPPP that addresses erosion and sedimentation controls.)
A person that is knowledgeable in the principles and practices
of erosion and sediment control, such as a licensed professional engineer,
certified professional in erosion and sediment control (CPESC), registered
landscape architect, or other New York State Department of Environmental
Conservation endorsed individual. It can also mean someone working
the direct supervision of, and at the same company as, the licensed
professional engineer or registered landscape architect, provided
that person has received New York State Department of Environmental
Conservation endorsed training in the principles and practices of
erosion and sediment control.
The replenishment of underground water reserves.
Refers to the reconstruction or modification to any existing,
previously developed land such as residential, commercial, industrial,
institutional, or road or highway which involves soil disturbance.
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited, or has been removed from
its site of origin.
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.
An ongoing practice involving the dedicated and cyclic use
of land for the periodic production of timber. Silvicultural activities
can include: site preparation for forest regeneration; reforestation
(including subsequent cultural treatment); thinning; prescribed burning;
pest and fire control; harvesting operations; surface drainage; harvest-related
road construction and maintenance; and nursery operations. Tree removal
in preparation for development or other conversion to a nonforestry
use is not silviculture.
A parcel of land, or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff, and grading.
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Covering or maintaining an existing cover over soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
That all soil-disturbing activities at the site have been
completed and that a uniform perennial vegetative cover with a density
of 80% has been established or equivalent stabilization measures (such
as the use of mulches or geotextiles) have been employed on all unpaved
areas and areas not covered by permanent structures.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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 of the municipality or officer designated by
the municipality to accept and coordinate the review of stormwater
pollution prevention plans and to 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.
Flow on the surface of the ground, resulting from precipitation.
Means that an existing disturbed area will not be disturbed
again within 14 calendar days of the previous soil disturbance.
An employee from the contracting (construction) company that
will be responsible for implementing the SWPPP, who has received four
hours of New York State Department of Environmental Conservation endorsed
training in proper erosion and sediment control principles. After
receiving the initial training, the trained contractor shall receive
four hours of training every three years. It can also mean an employee
from the contracting (construction) company that meets the qualified
inspector qualifications.
The storage needed to capture and treat 90% of the average
annual stormwater runoff volume.
Any body of water, including but not limited to lakes, ponds,
rivers, streams, and intermittent streams.
A minimum horizontal distance of 50 feet away from and parallel
to the high-water level or top of bank (whichever is easiest to accurately
determine) of a watercourse. This minimum distance may be increased
in consideration of site-specific soil conditions, existing water
quality of the subject watercourse or other pertinent factors as determined
by the Town's Planning and Zoning Commission, Town Economic Development
and Planning Department, Stormwater Management Officer or New York
State Department of Environmental Conservation.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the U.S. Army Corps
of Engineers and/or the New York State Department of Environmental
Conservation.
A.
No application for land development activity that will disturb one
or more acres shall be approved until the responsible board, municipal
official and/or department has received, reviewed and determined that
a stormwater pollution prevention plan (SWPPP) has been prepared in
accordance with the specifications contained herein.
B.
Land development activity not subject to conditional use permit.
(1)
For land development activity not subject to conditional use permit, site plan, or subdivision requirements, the Town Stormwater Management Officer, or designated agent, shall review the SWPPP to determine its completeness and conformance with the provisions herein. Within 30 days (60 business days if the SWPPP identifies practices or designs that deviate from the prescribed standards established by § 270-82.3 of this Code) of receipt of an SWPPP, the Town Stormwater Management Officer shall make a determination as to whether it is complete. If it is deemed incomplete, the applicant shall be notified in writing as to the deficiencies in the plan and the requirements for completeness. Within 30 days after receiving a complete plan, the Town Stormwater Management Officer shall, in writing:
(a)
Approve the permit application;
(b)
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or
(c)
Disapprove the permit application, indicating the reason(s)
and procedure for submitting a revised application and/or submission.
(2)
Failure of the Town Stormwater Management Officer to act on a complete
original or revised application within 60 days of receipt shall be
deemed a denial of the application unless such time is extended upon
mutual agreement between the applicant and the Town. Pending preparation
and approval of a revised plan, land development activities shall
not be allowed to proceed. Nothing herein shall relieve an applicant's
need to obtain a building permit as required by Town Code or file
an NOI with the New York State Department of Environmental Conservation.
C.
For land development activity subject to conditional use permit,
site plan, or subdivision requirements, the responsible board shall
incorporate the required SWPPP into the review process, allowing for
public review and comment on the SWPPP. The responsible board, in
consultation with the Town Stormwater Management Officer, or designated
agent, shall determine that the SWPPP has been prepared in accordance
with the specifications contained herein. For projects subject to
subdivision requirements, preliminary plat approval shall not be granted
until the Planning Board has received an SWPPP prepared in accordance
with the specifications contained herein.
D.
In its review of the plan, the responsible board or municipal official may consult with the Town-designated engineer, the Schenectady County Soil and Water Conservation District or the New York State Department of Environmental Conservation or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 270-82.9 herein.
A.
All designs and procedures to prevent stormwater pollution as set forth within the SWPPP shall be designed in compliance with the New York Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual, as stipulated in § 270-82.3 of this Code. The SWPPP shall include the following:
(1)
A written narrative identifying the project's scope, including the
location, type, and size of the project.
(2)
A site map/construction drawing(s) for the project, including a general
location map. At a minimum, the site map should show the total site
area; all improvements; areas of disturbance, including all lawn and
yard areas; areas that will not be disturbed; locations of off-site
material, waste, borrow or equipment storage areas; and location(s)
of stormwater discharge(s). The specific location(s), size(s), and
length(s) of each erosion and sediment control practice shall also
be shown. Site maps/construction drawings shall be at a scale no smaller
than one inch equals 100 feet.
(3)
A natural resources map identifying existing vegetation; on-site
and adjacent off-site surface water(s), wetlands, and drainage patterns
that could be affected by the construction activity; and existing
and final slopes.
(4)
A description of soil(s) present at the site, along with any existing
data that describes the stormwater runoff characteristics at the site.
(5)
A 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. Phasing shall identify
the expected date on which clearing will begin, the estimated duration
of exposure of cleared areas, areas of clearing, installation of temporary
erosion and sediment control measures, and establishment of permanent
vegetation. Consistent with the New York Standards and Specifications
for Erosion and Sediment Control, there shall not be more than five
acres of disturbed soil at any one time unless the Town of Glenville
has approved the SWPPP and provided written authorization to the applicant
or developer for the disturbance.
(6)
A description of the pollution prevention measures that will be used
to control litter, construction chemicals and construction debris
from becoming a pollutant source in the stormwater discharges.
(7)
A 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.
(8)
A description of the 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 closeout. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the
close of each season.
(9)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control measures.
(10)
A description of the minimum erosion and sediment control practices
to be installed or implemented for each construction activity that
will result in soil disturbance. Include a schedule that identifies
the timing of initial placement or implementation of each erosion
and sediment control practice and the minimum time frames that each
practice should remain in place or be implemented;
(11)
A temporary and permanent soil stabilization plan that meets
the requirements of the most current version of the Erosion Control
Manual for each stage of the project, including initial land clearing
and grubbing to project completion and achievement of final stabilization.
(12)
Dimensions, material specifications, installation details and
operation and maintenance requirements for all erosion and sediment
control practices. Include the location and sizing of any temporary
sediment basins and structural practices that will be used to divert
flows from exposed soils.
(13)
A maintenance inspection schedule for the contractor(s) that
will be responsible for installing, constructing, repairing, inspecting
and maintaining the erosion and sediment control practices in the
SWPPP to ensure continuous and effective operation of the practices.
The maintenance inspection schedule shall be in conformance with the
most current version of the Erosion Control Manual.
(14)
An implementation schedule for staging temporary erosion and
sediment control practices, including the timing of initial placement
and the duration that each practice should remain in place.
(15)
A maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practices, including estimates
of the cost of maintenance.
(16)
Identification of the person or entities responsible for implementation
of the SWPPP for each part of the site.
(17)
Identification of any elements of the design that are not in
conformance with design criteria of the most current version of the
Erosion Control Manual. Include the reason for the deviation or alternative
design and provide information which demonstrates that the deviation
or alternative design is equivalent to the technical standard.
(18)
A description of structural practices 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.
(19)
Any existing data that describes the stormwater runoff site.
(20)
Names(s) of the watercourse(s) to which the stormwater flows.
B.
Land development activities as defined in § 270-79 of this article 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 § 270-81C below as applicable:
(1)
Condition A: Stormwater runoff from land development activities discharging
a pollutant of concern to either an impaired water identified on the
New York State Department of Environmental Conservation'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.
(2)
Condition B: Stormwater runoff from land development activities disturbing
five or more acres of land.
(3)
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.
C.
SWPPP requirements for Conditions A, B and C:
(2)
Documentation that the stormwater management planning process using
green infrastructure has been followed as required in the Design Manual
using the stormwater management practices in Schedule A1, A2 and A3.
The planning process steps are as follows:
(a)
Prepare an initial site plan and conceptual design that preserves
natural features and reduces impervious cover by incorporating green
infrastructure practices listed in Schedule Al as appropriate to achieve
runoff reduction goals and using the evaluation process in the design
manual;
(b)
Determine the water quality volume (WQv) using the sizing criteria
in the design manual;
(c)
Apply runoff reduction techniques to reduce total WQv using
the green infrastructure practices in Schedule A2 and standard stormwater
management practices with runoff reduction capacity as described in
Schedule A3 and using the sizing and performance criteria in the design
manual;
(d)
Determine the minimum runoff reduction volume (RRv) needed using
the sizing criteria in the design manual;
(e)
Apply standard stormwater management practices in Schedule A3
to address remaining WQv using the sizing and performance criteria
in the design manual; and
(f)
Apply volume and peak rate control practices only if still needed
to meet the requirements in the design manual.
(3)
A description of each post-construction stormwater management practice
to be constructed as part of the project. Include the dimensions,
material specifications and installation details for each post-construction
stormwater management practice;
(4)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each post-construction stormwater management practice;
(5)
Hydrologic and hydraulic analysis for all structural components of
the stormwater management system for the applicable design storms;
(6)
Comparison of post-development stormwater runoff conditions with
predevelopment conditions;
(7)
Dimensions, material specifications and installation details for
each post-construction stormwater management practice;
(8)
A maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
(9)
Maintenance easements to ensure access to all stormwater management
practices at the site for purposes on inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
(10)
An inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 270-82.8;
(11)
For Condition A, 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 article.
The SWPPP shall be prepared by a licensed/certified professional.
The SWPPP must be signed by the professional preparing the plan and
shall make the following certification:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that false statements made herein are punishable as a Class
A misdemeanor pursuant to § 210.45 of the Penal Law."
A.
The SWPPP must clearly identify the contractor(s) and subcontractor(s)
that will implement each stormwater and erosion control measure. All
contractors and subcontractors identified in the SWPPP shall sign
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 SWPPP for the construction
site identified in such SWPPP as a condition of authorization to discharge
stormwater. I also understand that the operator must comply with the
terms and conditions of the New York State Pollutant Discharge Elimination
System (SPDES) general permit for stormwater discharges from construction
activities and that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
B.
The certification must include the name and title of the person providing
the signature, address and telephone number of the contracting firm;
the address (or other identifying description) of the site; and the
date the certification is made.
C.
The certification statement(s) shall become part of the SWPPP for
the land development activity.
A.
Amendment of SWPPP.
(1)
The permittee shall amend the SWPPP whenever there is a significant
change in design, construction, operation, or maintenance which may
have a significant effect on the potential for the discharge of pollutants
to the waters of the United States and which has not otherwise been
addressed in the SWPPP; or
B.
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP.
All land development activities shall be subject to the following
design and performance standards:
A.
Technical guides and standards.
(1)
For the purpose of this article, the following documents shall
serve as the official guides and standards for stormwater management.
Stormwater management practices in accordance with these technical
documents shall be presumed to meet the standards imposed by this
article.
(a)
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").
[1]
Stormwater management practices must be selected,
designed, installed and maintained to meet the performance criteria
in the most current version of the Design Manual using sound engineering
judgment.
[2]
Stormwater management practices must be designed
to meet the applicable sizing criteria in the most current version
of the Design Manual.
(b)
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").
(2)
Equivalence to technical standards. (NOTE: New York State requires
applicants to demonstrate that stormwater management practices that
are not prepared in accordance with NYSDEC design and technical standards
will work in the field to prevent soil erosion and maintain water
quality, certified by a licensed/certified professional.) Where stormwater
management practices are not in accordance with above design and technical
standards, the applicant or developer must demonstrate equivalence
to the design and technical standards set forth in this section, and
the equivalence shall be documented and certified by a licensed/certified
professional as part of the SWPPP.
Any land development activity shall not result in:
A.
An increase in turbidity that will cause a substantial visible contrast
to natural conditions;
B.
An increase in suspended, colloidal and settleable solids that will
cause deposition or impair the waters for their best uses; or
C.
Residue from oil and floating substances, nor visible oil film, or
globules of grease.
A.
Inspections required by SMO; notification of violations.
(1)
The Town Stormwater Management Officer or designated agent may
require such inspections as necessary to determine compliance with
this article and may either approve that portion of the work completed
or notify the applicant wherein the work fails to comply with the
requirements of this article and the SWPPP as approved. To obtain
inspections, the applicant shall notify the Stormwater Management
Officer or designated agent at least 48 hours before the following,
as required by the SWPPP:
(a)
Start of construction and initial installation of sediment and
erosion controls.
(b)
Installation of sediment and erosion measures as site clearing
and grading progresses.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the seasonal land development activity.
(g)
Completion of final landscaping.
(2)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. Corrective actions may include the repair/restoration
of off-site impacts. Depending upon the severity of the violation,
in certain circumstances no further work shall be conducted, except
for site stabilization, until any violations are corrected and all
work previously completed has received approval by the Town Stormwater
Management Officer, or designated agent.
B.
The operator shall have a licensed/certified professional conduct
an assessment of the site prior to the commencement of construction
and certify in an inspection report that the appropriate erosion and
sediment controls described in the SWPPP have been adequately installed
or implemented to ensure overall preparedness of the site. Following
the commencement of construction, site inspections shall be conducted
by a licensed/certified professional at least every seven calendar
days and within 24 hours of the end of a storm event 0.5 inches or
greater. The purpose of such inspections will be to determine the
overall effectiveness of the plan and the need for additional control
measures. During each inspection, the licensed/certified professional
shall record the following information:
(1)
On a site map, indicate the extent of all disturbed site areas
and drainage pathways. Indicate site areas that are expected to undergo
initial disturbance or significant site work within the next fourteen-day
period;
(2)
Indicate on a site map all areas of the site that have undergone
temporary or permanent stabilization;
(3)
Indicate all disturbed site areas that have not undergone active
site work during the previous fourteen-day period;
(4)
Inspect all sediment control practices and record the approximate
degree of sediment accumulation as a percentage of the sediment storage
volume;
(5)
Inspect all erosion and sediment control practices and record
all maintenance requirements such as verifying the integrity of barrier
or diversion systems and containment systems. Identify any evidence
of rill or gully erosion occurring on slopes and any loss of stabilizing
vegetation or seeding/mulching. Document any excessive deposition
of sediment or ponding water along barrier or diversion systems. Record
the depth of sediment within containment structures and any erosion
near outlet and overflow structures and verify the ability of rock
filters around perforated riser pipes to pass water; and
(6)
All deficiencies that are identified with the implementation
of the SWPPP.
C.
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 article. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(1)
The applicant or developer shall have a trained contractor inspect
all erosion and sediment control practices and pollution prevention
measures being implemented within the active work area of the land
development activity daily to ensure they are being maintained in
effective operating condition at all times. If deficiencies are identified,
the contractor shall begin implementing corrective actions within
one business day and shall complete the corrective actions within
a reasonable time frame.
D.
A copy of the NOI and a brief description of the project shall be
posted at the construction site in a prominent place for public viewing.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the beginning of construction activities
to the date of final stabilization. The SWPPP and inspection reports
are public documents that the operator must make available for inspection,
review and copying by any person within five business days of the
operator receiving a written request by such person to review the
SWPPP and/or the inspection reports. Copying of documents will be
done at the requester's expense.
E.
The operator shall maintain a record of all inspection reports in
a site logbook. The site logbook shall be maintained on site and be
made available to the Town upon request. The operator shall post at
the site, in a publicly accessible location, a summary of the site
inspection activities on a monthly basis.
A.
Inspections of stormwater management practices (SMPs). The Town Stormwater
Management Officer or designated agent is responsible for conducting
inspections of stormwater management practices (permanent water quantity/quality
improvement structures). All operators are required to submit as-built
plans certified by a licensed/certified professional for any permanent
stormwater management practices located on site after final stabilization.
(NOTE: "Final stabilization" means that all soil-disturbing activities
at the site have been completed and a uniform perennial vegetative
cover with a density of 80% has been established or equivalent stabilization
measures [such as the use of mulches or geotextile mats] have been
employed on all unpaved areas and areas not covered by permanent structures.)
Operators shall also provide the owner(s) of such structure(s) with
a manual describing the operation and maintenance practices that will
be necessary in order for the structure to function as designed. The
operator must also certify that the permanent structure(s) have been
constructed as described in the SWPPP. This certification can be accomplished
by providing to the Town a copy of the notice of termination (NOT)
filed with the NYSDEC.
B.
All certified as-built plans, lands, structures, and/or appurtenances
to be dedicated to the Town shall be reviewed, inspected and approved
by the Town Stormwater Management Officer or designated agent prior
to Town acceptance.
C.
Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the NYSDEC and file a copy with the Town to notify it that he or she has complied with § 270-82.6A and that the project is complete.
D.
The owner or operator of permanent stormwater management practices
installed in accordance with this article shall ensure they are operated
and maintained to achieve the goals of this article. 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 article.
(2)
Written procedures for operation and maintenance and training
new maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria.
A.
Inspection programs shall be established on any reasonable basis,
including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage facilities; and evaluating the condition of drainage control
facilities and other stormwater management practices.
B.
The Town of Glenville Stormwater Management Officer may require monitoring
and reporting from entities subject to this article as are necessary
to determine compliance with this article.
C.
When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Glenville the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection A.
A.
The applicant or developer shall minimize the discharge of pollutants
from equipment and vehicle washing, wheel wash water, and other wash
waters using clean water only. Soaps, detergents and solvents shall
not be used.
B.
The applicant or developer shall minimize the exposure of building
materials, building products, construction wastes, trash, landscape
materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste and other materials present on the site to precipitation and
to stormwater. Minimization of exposure is not required in cases where
the exposure to precipitation and to stormwater will not result in
a discharge of pollutants, or where exposure of a specific material
or product poses little risk of stormwater contamination (such as
final products and materials intended for outdoor use).
C.
The applicant or developer shall prevent the discharge of pollutants
from spills and leaks and implement chemical spill and leak prevention
and response procedures.
D.
Where soil disturbance activity has temporarily or permanently ceased,
the application of soil stabilization measures must be initiated by
the end of the next business day and completed within 14 days from
the date the current soil disturbance activity ceased. If five acres
or more have been disturbed at one time and soil disturbance activity
has temporarily or permanently ceased, the application of soil stabilization
measures must be initiated by the end of the next business day and
completed within seven days from the date the current soil disturbance
activity ceased. The soil stabilization measures selected shall be
in conformance with the Erosion Control Manual.
E.
Construction completion guarantee. The applicant or developer may
be required to provide, prior to construction, a performance bond,
cash escrow, or irrevocable letter of credit, from an appropriate
financial or surety institution, which guarantees satisfactory completion
of the project and names the Town of Glenville as the beneficiary.
The security shall be in an amount determined by the Town of Glenville
based on submission of final design plans, with reference to actual
construction and landscaping costs. The performance guarantee shall
remain in force until the surety is released from liability by the
Town of Glenville, provided that such period shall not be less than
one year from the date of final acceptance or such other certification
that the facilities have been constructed in accordance with the approved
plans and specifications and that a one-year inspection has been conducted
and the facilities have been found to be acceptable to the Town. Perannum
interest on cash escrow deposits shall be reinvested in the account
until the surety is released from liability.
F.
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 Town of Glenville to ensure that
the facility is maintained in proper working condition to meet design
standards and any other provisions established by this article. The
easement shall be recorded by the grantor in the office of the County
Clerk after approval by the counsel for the Town of Glenville.
G.
The Town of Glenville 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 Town of Glenville,
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 article
and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
H.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the Town of Glenville with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities, both during and after construction and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion control facilities, the Town may, upon notification, draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
A.
The responsible board or municipal official is hereby authorized
to retain licensed/certified professionals as are determined to be
necessary to carry out the review of an SWPPP or to make regular or
final inspections of all control measures, lands, structures, and/or
appurtenances to be dedicated to the Town in accordance with the approved
plan.
B.
Payment for the services of such professionals is to be made from
funds deposited by the applicant with the Town in escrow accounts
for such purposes, within 30 days of such professionals being retained
by the Town.
C.
It shall be the responsibility of the applicant to submit to the
Town certified check(s) in amounts equal to the estimate of the licensed/certified
professional for the cost of services to be rendered. The Town shall
make payments to said professional for services rendered to it following
receipt of funds from the applicant and after having been furnished
with the professional's written report and invoice for said service.
A.
Notice of violation. The operator and all contractors and subcontractors
must comply with all conditions of an SWPPP submitted pursuant to
this article. In the event that the Town determines that a land development
activity is not being carried out in accordance with the requirements
of this article, the Stormwater Management Officer may issue a written
notice of violation to the operator/landowner, applicant and all contractors/subcontractors
subject to the provisions of this article. The notice of violation
shall contain:
(1)
The name and address of the operator/landowner, developer, or
applicant.
(2)
The address of the site or a description of the building, structure
or land upon which the violation is occurring.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to bring the
land development activity into compliance with this article and a
time schedule for the completion of such remedial action.
(5)
A statement of the penalty or penalties that can be assessed
against the person to whom the notice of violation is directed.
B.
Within 15 days of notification of violation (or as otherwise provided
by the Town), the violator shall take the remedial measures necessary
to bring the land development activity into compliance with this article.
C.
Stop-work order. The Town Stormwater Management Officer or his designated
agent may issue a stop-work order for violation of this article. Persons
receiving a stop-work order shall be required to halt all land development
activities, except those activities that address the violation(s)
identified in the stop-work order. The stop-work order shall be in
effect until the Town confirms that the land development activity
is in compliance and the violation has been satisfactorily addressed.
Failure to address a stop-work order in a timely manner may result
in civil, criminal, and/or monetary penalties in accordance with this
article.
D.
Penalties for offenses. Any person violating any of the provisions
of this article shall be deemed guilty of a misdemeanor, and each
day during which any violation of any of the provisions of this article
is committed, continued, or permitted shall constitute a separate
offense. Upon conviction of any such violation, such person, partnership,
or corporation shall be punished by a fine of not more than $250 for
each offense. In addition to any other penalty authorized by this
section, any person, partnership, or corporation convicted of violating
any of the provisions of this article shall be required to bear the
expense of such restoration of the disturbed site resulting in said
violation. In addition to the foregoing, to the extent that the noncompliance
with this article constitutes a violation of the Clean Water Act and
the Environmental Conservation Law, there may be substantial criminal,
civil, and administrative penalties, depending upon the nature and
degree of the offense.
E.
Withholding certificate of occupancy. If any building or land development
activity is installed or conducted in violation of this article, the
Town Stormwater Management Officer or his designated agent may prevent
the occupancy of said building or land.
