In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the City Council of Saratoga Springs has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety, and welfare of the City, and for the protection and enhancement of its physical environment. The City Council of Saratoga Springs 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.
Purpose. The purpose of these regulations is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact of Subsection B below. This article seeks to meet those purposes by achieving the following objectives:
1.
Meet the requirements of Minimum Control Measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-15-003 or as amended or revised.
2.
Require land disturbance activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-20-001 or as amended or revised.
3.
Minimize increases in stormwater runoff from land disturbance activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels.
4.
Minimize increases in pollution caused by stormwater runoff from land disturbance activities which would otherwise degrade local water quality.
5.
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
6.
Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
B.
Findings of fact. It is hereby determined that:
1.
Land disturbance activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition.
2.
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species.
3.
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat.
4.
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation.
5.
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
6.
Substantial economic losses can result from these adverse impacts on the waters of the municipality.
7.
Stormwater runoff, soil erosion and non-point source pollution can be controlled and minimized through the regulation of stormwater runoff from land disturbance activities.
8.
The regulation of stormwater runoff discharges from land disturbance activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and non-point source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety.
9.
Regulation of land disturbance activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
10.
The boundaries of the City's Municipal Separate Sewer System (MS4) is defined as the entire City of Saratoga Springs, and all lands within its corporate limits.
A.
The City designates the City Engineer or his/her designee as the Stormwater Management Officer. The Stormwater Management Officer shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable City board. The Stormwater Management Officer may:
1.
Review the plans.
2.
Upon approval by the City Council, 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 the City Council.
3.
Accept the certification of a licensed professional that the plans conform to the requirements of this chapter.
A.
A stormwater pollution prevention plan (SWPPP) is required as follows:
1.
Basic SWPPP is required for residential development disturbing 1.0 to 5.0 acres, unless a full SWPPP is required by § 240-17.5B1a.
2.
Full SWPPP is required for residential development disturbing more than 5.0 acres.
3.
Basic SWPPP is required for nonresidential and mixed-use development disturbing between 0.25 acre and 0.49 acre.
4.
Full SWPPP is required for nonresidential and mixed-use development disturbing between 0.50 acre and 0.99 acre. Post-construction requirements are limited to 100% of the Runoff Reduction volume (RRv) from new impervious cover and 50% of the RRv from existing/redeveloped imperious cover using accepted RRv criteria and methods as prescribed by the New York State Stormwater Management Design Manual.
5.
Full SWPPP is required for nonresidential and mixed-use development disturbing 1.0 acre or more.
B.
All land disturbance activities subject to review and approval by the Planning Board under subdivision, site plan, special use permit, and/or land disturbance activity regulations are reviewed subject to the standards of this article.
C.
All other land disturbance activities not subject to review by the Planning Board but required under Subsection A above are also to be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who will approve the SWPPP if it complies with the requirements of this article.
D.
The following activities are exempt from the stormwater pollution prevention plan requirement.
1.
Agricultural activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, and using land for growing agricultural products, but does not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
2.
Silvicultural activity, except that landing areas, log haul roads, and the removal of stumps are subject to these requirements.
3.
Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
4.
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.
5.
Cemetery graves.
6.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
7.
Emergency activity immediately necessary to protect life, property, or natural resources.
8.
Activities of an individual engaging in home gardening by growing flowers, vegetable, and other plants primarily for use by that person and household.
9.
Landscaping and horticultural activities in connection with an existing structure.
A.
Basic SWPPP. Basic SWPPPs must provide the following information, and erosion and sediment controls:
1.
Background information about the scope of the project, including location, type and size of project.
2.
Site map/construction drawing(s) for the project at a scale no smaller than one inch equals 100 feet, including a general location map. At a minimum, the site map must show:
a.
Total site area.
b.
All improvements.
c.
Areas of disturbance.
d.
Areas that will not be disturbed.
e.
Existing vegetation.
f.
On-site and adjacent off-site surface water(s), wetlands, and drainage patterns that could be affected by the construction activity.
g.
Existing and final grades (five-foot contour interval max).
h.
Material, waste, borrow, or equipment storage areas.
i.
Location(s) of the stormwater discharge(s).
3.
Delineation and description of the soil(s) present at the site, including an identification of the Hydrologic Soil Group (HSG); test pit or soil boring information as required by the Stormwater Management Officer.
4.
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York State Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres can be disturbed at any one time unless pursuant to an approved SWPPP and prior written authorization from the Stormwater Management Officer.
5.
Description of the pollution prevention measures that will be used to control litter, construction chemicals, and construction debris from becoming a pollutant source in stormwater runoff.
6.
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.
7.
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 completion and achievement of final soil stabilization. Measures must meet the requirements of the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control.
8.
A site map/construction drawing(s) specifying the location(s), size(s), and length(s) of each erosion and sediment control practice.
9.
Dimensions, material specifications, installation details, and operation and maintenance requirements for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
10.
Temporary practices that will be converted to permanent control measures.
11.
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement or implementation of each erosion and sediment control practice and duration that each practice should remain in place or be implemented.
12.
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice. The maintenance schedule must be in accordance with the requirements in the most current version of the technical standard, New York State Standards and Specifications for Erosion and Sediment Control.
13.
Name(s) of the receiving water(s).
14.
Delineation of SWPPP implementation responsibilities for each part of the site.
15.
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
16.
Any existing data that describes the stormwater runoff at the site.
B.
Full SWPPP.
1.
Land disturbance activities as described in this article and meeting one of the following conditions must submit a full SWPPP (erosion and sediment controls and post-construction management):
a.
Condition A. Stormwater runoff from land disturbance activities directly discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
b.
Condition B. Stormwater runoff from residential development disturbing more than 5.0 acres.
c.
Condition C. For nonresidential and mixed-use development:
(i)
Stormwater runoff from nonresidential and mixed-use development disturbing between 0.50 acre and 0.99 acre. Post-construction requirements are limited to 100% of the Runoff Reduction volume (RRv) from new impervious cover and 50% of the RRv from existing/redeveloped imperious cover using accepted RRv criteria and methods as prescribed by the New York State Stormwater Management Design Manual.
(ii)
Stormwater runoff from nonresidential and mixed-use development disturbing 1.0 acre or more.
2.
SWPPP requirements for conditions A, B and C:
a.
A full SWPPP includes all basic SWPPP requirements, per § 240-17.5A above.
b.
Description of each post-construction stormwater management practice.
c.
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.
d.
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
e.
Comparison of post-development stormwater runoff conditions with predevelopment conditions.
f.
Dimensions, material specifications, and installation details for each post-construction stormwater management practice.
g.
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.
h.
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements must be recorded on the plan and remain in effect with transfer of title to the property.
i.
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures.
j.
The SWPPP must be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who must certify that the design of all stormwater management practices met the requirements of this chapter.
C.
Other environmental permits. The applicant must assure that all other applicable environmental permits have been or will be acquired for the land disturbance activity prior to approval of the final stormwater design plan.
D.
Contractor certification.
1.
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation must sign and date a copy of the following certification statement before undertaking any land disturbance activity:
I hereby certify that I understand and agree to comply with the terms and conditions of the SWPPP and agree to implement any corrective actions identified by the qualified inspector during a site inspection. I also understand that the owner or operator must comply with the terms and conditions of the most current version of the New York State Pollutant Discharge Elimination System ("SPDES") general permit for stormwater discharges from construction activities and that it is unlawful for any person to cause or contribute to a violation of water quality standards. Furthermore, I understand that certifying false, incorrect or inaccurate information is a violation of the referenced permit and the laws of the State of New York and could subject me to criminal, civil and/or administrative proceedings.
2.
The certification must include the name and title of the person providing the signature, address, and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made.
3.
The certification statement(s) will become part of the SWPPP.
E.
On-site record of SWPPP. A copy of the SWPPP must be retained at the site of the land disturbance activity from the date of initiation of construction activities to the date of final soil stabilization.
All land disturbance activities are subject to the following performance and design criteria:
A.
Technical standards. The following documents serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents are presumed to meet the standards imposed by this chapter:
1.
New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version, hereafter referred to as the Design Manual).
2.
New York State Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, most current version, hereafter referred to as the Erosion Control Manual).
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in this chapter and the SWPPP must be prepared by a licensed professional.
C.
Water quality standards. Any land disturbance activity cannot cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
A.
Maintenance and inspection during construction.
1.
The applicant or developer of the land disturbance activity must at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment must be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
2.
For land disturbance activities as defined in this chapter and meeting conditions A, B or C, the applicant must have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days. Soil disturbances five acres or more in size at any one time require two site inspections every seven days. Inspection reports must be maintained in a log book and be kept on site along with the approved SWPPP.
3.
A trained contractor must be on site at all times when construction or grading activity takes place, and must inspect and document the effectiveness of all erosion and sediment control practices.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that is binding on all subsequent landowners served by the stormwater management facility. The easement must provide for access to the facility at reasonable times for periodic inspection by the City to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement must be recorded by the grantor in the office of the County Clerk after approval by the City Attorney.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this chapter must ensure that they are operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:
1.
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control, or related appurtenances, which are installed or used by the owner or operator to achieve the goals of this chapter.
2.
Written procedures for operation and maintenance and training new maintenance personnel.
3.
Discharges from the stormwater management practices (SMPs) cannot exceed design criteria or cause or contribute to water quality standard violations in accordance with this chapter.
D.
Maintenance agreements. The City must approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement must be consistent with the terms and conditions of the City's Sample Stormwater Control Facility Maintenance Agreement. The City, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
A.
Construction inspection.
1.
Erosion and sediment control inspection.
a.
The Stormwater Management Officer may conduct or require such inspections as necessary to determine compliance with this chapter 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 chapter and the SWPPP as approved. To schedule inspections, the applicant must notify the Stormwater Management Officer at least 48 hours in advance before any of the following, as required by the Stormwater Management Officer:
(i)
Start of construction.
(ii)
Installation of sediment and erosion control measures.
(iii)
Completion of site clearing.
(iv)
Completion of rough grading.
(v)
Completion of final grading.
(vi)
Close of the construction season.
(vii)
Completion of final landscaping.
(viii)
Successful establishment of landscaping in public areas.
b.
If any violations are found, the applicant and developer must be notified in writing of the nature of the violation and the required corrective actions. No further work can be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
2.
Stormwater management practice inspections. The Stormwater Management Officer is responsible for conducting or ensuring inspections of stormwater management practices (SMPs) after final construction is completed. All applicants are required to submit as built plans for any stormwater management practices located on site. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer verifying all practices have been constructed in conformance with the SWPPP and are operational.
3.
Inspection of stormwater facilities after project completion.
a.
Inspection programs must 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.
b.
Inspections may include, but are not limited to: reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other stormwater management practices.
4.
Submission of reports. The Stormwater Management Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.
5.
Right-of-entry for inspection. 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 must grant the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this section.
B.
Performance guarantee.
1.
Construction completion guarantee. In order to ensure the full and faithful completion of all land disturbance activities related to compliance with all conditions in the approval of the stormwater pollution prevention plan, the City may require the applicant or developer to provide, prior to construction, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the City of Saratoga Springs as the beneficiary. The security must be in an amount to be determined by City based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee must remain in force until the surety is released from liability by the City, provided that such period will not be less than one year from the date of final acceptance or such other certification that the facility(ies) 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 City. Per-annum interest on cash escrow deposits must be reinvested in the account until the surety is released from liability.
2.
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 City 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 and sediment control facilities, the City may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
3.
Recordkeeping. The City may require entities subject to this chapter to maintain records demonstrating compliance with this chapter.