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Town of LaGrange, NY
Dutchess County
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Table of Contents
Table of Contents
No application for approval of a land development activity shall be reviewed until the appropriate officer or board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter. The submittal shall include:
A. 
The appropriate application forms;
B. 
Fees in accordance with the Town of LaGrange fee schedule (most current);
C. 
The plans and materials described below;
D. 
The SWPPP requirements and contents, described below; and
E. 
The performance and design criteria set forth elsewhere herein.
All SWPPPs shall provide the following background information and erosion and sediment controls. Plans shall be at a scale no less detailed than one inch equals 50 feet and should be prepared by and bear the name, signature and seal of a professional engineer, registered architect, landscape architect or certified professional, as required by law and licensed by the State of New York. Plans prepared at larger scales, showing more detail, may be required by the Town's Consulting Engineer and/or other consultant, as necessary. Elements of such plans and related studies and materials may be prepared by other designers or technicians as authorized by law and noted on the documents submitted. The professional preparing the plan shall certify that the design of all stormwater management practices (SMPs) meets the requirements in this chapter. The following information and plans shall be provided:
A. 
Background information about the scope of the project, including location, type and size of project.
B. 
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);
C. 
Description of the soil(s) present at the site;
D. 
Construction phasing plan describing the intended sequence of construction activities, including tree removal, stumping, 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 Standards and Specifications for Erosion and Sediment Control ("Erosion Control Manual"), not more than five acres shall be disturbed at any one time without written approval from the NYSDEC.
E. 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
F. 
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill-prevention and response;
G. 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout;
H. 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
I. 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting, sizing and supporting calculations of any temporary sediment basins;
J. 
Temporary practices that will be converted to permanent control measures;
K. 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
L. 
Inspection and maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
M. 
Name(s) of the receiving water(s);
N. 
Delineation of SWPPP implementation responsibilities for each part of the site;
O. 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable;
P. 
Any existing data that describes the stormwater runoff at the site;
Q. 
A completed notice of intent (NOI). Said NOI shall be submitted to the NYSDEC and the Town to obtain SPDES General Construction Permit GP-02-01 coverage prior to commencement of construction. Proof of coverage shall be submitted to the SMO and the Planning Board, prior to final approval and prior to endorsement of the subdivision plat, special use permit, or site plan by the Planning Board Chairman.
Land development activities as defined in § 197-4 and meeting at least one of the three conditions in subsection A, below, (i.e., Condition A, B or C) shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B below as applicable:
A. 
Conditions.
(1) 
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired water bodies or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment; or
(2) 
Condition B: 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; or
(3) 
Condition C: stormwater runoff from land development activities disturbing five or more acres.
B. 
SWPPP requirements for land development activities that meet Condition A, B or C, above:
(1) 
All information in § 197-8 of this chapter.
(2) 
Description of each postconstruction stormwater management practice;
(3) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
(4) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(5) 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions. The comparison shall include peak flows for the one-, ten-, and one-hundred-year design storm;
(6) 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(7) 
Inspection and maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
(8) 
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 comply in all respects with § 197-14 of this chapter.
(9) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 197-16 of this chapter.
(10) 
The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter.
A. 
Any applicant proposing to conduct a land development activity that requires review under this chapter shall file a complete application, plans and materials for a permit with the Stormwater Management Officer (SMO) in accordance with the SWPPP requirements, contents and performance and design criteria set forth herein.
B. 
The submittal shall include the original application and the number of copies of all forms, plans and materials necessary as determined by the SMO's office to distribute to all reviewers, including the appropriate officer(s) or board of the Town responsible for the review of the SWPPP and any related land development or environmental approval or permit; the Town's Consulting Engineer; the Administrator of Public Works; and any related consultant or agency as the Town, in its sole discretion, deems necessary. The submittal shall be organized by the applicant into identical packets containing all forms, plans and materials for each reviewer. Upon receipt of all required plans and materials and fees, the SMO shall distribute to the Town Engineer and all reviewers and may send multiple packets to a reviewing board to distribute to their members.
C. 
The Town's Consulting Engineer, the Administrator of Public Works, and/or other consultant shall review the plans and materials and provide a written report to the SMO, the appropriate officer(s) or board of the Town responsible for the review of the SWPPP, which shall be distributed to all reviewers. This report shall indicate whether the application, plans and materials are complete for the purpose of granting approval, including performance and design criteria, and indicating what must be provided to make the application complete and properly designed. The applicant must revise and resubmit the application, plans and materials to fully address the SWPPP requirements set forth herein and in the report. The steps of engineering review, report and application revision and resubmittal shall be repeated until the application, plans and related materials are complete and properly address the SWPPP performance and design criteria set forth herein.
D. 
Any land development activity subject to review and approval and/or permitting under the Town's requirements and regulations for fill, wetlands, sand and gravel and tree removal, streets and sidewalks, subdivision and site development plan and/or zoning requirements shall be reviewed subject to the requirements and standards contained in this chapter. The review of the stormwater pollution prevention plan (SWPPP) shall run concurrently with the procedure for review, approval and permitting under the other above-noted regulations.
E. 
An application for a SWPPP for a land development activity that involves land disturbance of five or more acres shall be referred to the Planning Board by the SMO, in consultation with Town's Consulting Engineer, the Administrator of Public Works, and/or other consultant. The SMO shall notify the applicant that the application has been referred to the Planning Board.
F. 
At the conclusion of the review of any land development activity subject to Planning Board review or review and approval and/or permitting under the Town's other requirements and regulations, the reviewing Town official or agency shall make a recommendation to the SMO, the Administrator of Public Works, the Town's Consulting Engineer, and/or other consultant indicating whether the SWPPP should be: approved; approved with conditions and/or modifications; or denied. Any recommendation for denial shall provide specific reasoning for denial.
G. 
In the event that there is no other review, approval or permitting process involving the Planning Board or another reviewing Town official or agency, the Town's Consulting Engineer, the Administrator of Public Works and/or other consultant shall provide a written recommendation to the SMO indicating that a complete permit be: granted; granted with conditions and/or modifications; or denied. Any recommendation for denial shall provide specific reasoning for the decision.
H. 
Upon receipt of a recommendation from the Planning Board; or other appropriate officer(s) or board of the Town responsible for the review of the SWPPP; or the Town's Consulting Engineer and/or other consultant, the SMO shall then issue a permit with or without conditions and/or modifications or issue a denial. The issuance of any denial shall include specific reasoning for the decision.
The applicant shall provide proof, to the satisfaction of the SMO (in consultation with Town's Consulting Engineer, the Administrator of Public Works, and/or other consultant), that all other applicable environmental permits have been acquired for the land development activity prior to approval of the final stormwater pollution prevention plan (SWPPP).
A. 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
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.
D. 
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, and submission of a notice of termination (NOT) to the NYSDEC.