A.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in Part 2 of this chapter.
B.
Contents.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(a)
As per the New York Standards and Specifications
for Erosion and Sediment Control (Empire State Chapter of the Soil
and Water Conservation Society, 2004, most current version or its
successor, hereafter referred to as the "Erosion Control Manual").
(b)
As per the Instruction Manual for Stormwater
Construction Permit (New York State Department of Environmental Conservation,
most current version or its successor).
(c)
[1]
Editor's Note: Schedule A is included at the end of this chapter.
(2)
Land development activities as defined in § 173-25 and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(3) below as applicable:
(a)
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
waterbody 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.
(b)
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
As per the New York State Stormwater Management
Design Manual (New York Stale Department of Environmental Conservation,
most current version or its successor, hereafter referred to as the
"Design Manual").
(c)
Maintenance easements to ensure access to all
stormwater management practices at the site for the purpose of inspection
and repair. Easements shall be recorded on the plan and shall remain
in effect with transfer of title to the property.
(e)
[2]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Plan certification. The SWPPP shall be prepared by a qualified professional 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 Part 2 of this chapter. The SWPPP shall include a requirement for the regular inspection of the site in accordance with GP-0-08-001 and GP-0-08-002 by either a qualified professional or a qualified inspector.
[Amended 2-17-2010 by L.L. No. 3-2010]
D.
Other environmental permits. The applicant shall assure
that all other applicable environmental permits have been or will
be acquired for the land development activity prior to approval of
the final stormwater design plan.
E.
Contractor certification; training; qualifications.
[Amended 2-17-2010 by L.L. No. 3-2010]
(1)
There shall be at least one trained individual on
site on a daily basis when soil disturbance activities are being performed.
(2)
The contractor shall identify the name, title, address
and telephone number of at least one trained individual who shall
be responsible for implementation of the SWPPP. A valid stormwater
training certification number for each such individual shall be provided
to the Town when the request for MS4 acceptance of the SWPPP that
includes the notice of intent (NOI) is provided.
(3)
Each contractor and subcontractor identified in the
SWPPP who will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violations of water quality standards."
(4)
The
certification must include the name and title of the person providing
the signature; the address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(5)
The
certification statement(s) shall become part of the SWPPP retained
on the site for the land development activity.
F.
A copy of the SWPPP shall be retained at the site
of the land development activity during construction from the date
of initiation of construction activities to the date of final stabilization.
All land development activities shall be subject
to the following performance and design criteria:
A.
Technical standards. For the purpose of Part 2 of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by Part 2 of this chapter:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion
and Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
B.
Water quality standards. Any land development activity
shall not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
A.
Maintenance during construction.
(1)
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of Part 2 of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2)
The applicant or developer or their representative
shall be on site at all times when construction or grading activity
takes place and shall inspect and document the effectiveness of all
erosion and sediment control practices. Inspection reports shall be
completed every seven days and within 24 hours of any storm event
producing 0.5 inch of precipitation or more. The reports shall be
delivered to the Building Inspector and also copied to the site log
book.
B.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Poughkeepsie to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by Part 2 of this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney for the Town of Poughkeepsie.
C.
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with Part 2 of this chapter shall operate and maintain the stormwater management practices (SMP) to achieve the goals of Part 2 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 Part 2 of this chapter.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. The Town of Poughkeepsie 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 any final plan approval. The maintenance agreement shall be in a form acceptable to the Town Attorney and shall be consistent with the terms and conditions of Schedule C of Part 2 of this chapter, entitled "Stormwater Control Facility Maintenance Agreements."[1] The Town of Poughkeepsie, 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 Part 2 of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
