[Added 8-24-2006 by L.L. No. 10-2006]
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 this article.
A.
All SWPPPs shall provide the following background
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,
including a general location map. At a minimum, the site map should
show the total site area at a scale of no smaller than one inch equals
100 feet; 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);
(3)
Description of the soil(s) present at the site;
(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 Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than three acres shall
be disturbed at any one time unless pursuant to an approved SWPPP;
(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 close-out;
(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 and installation
details 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 and duration that each practice should remain in place;
(12)
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
(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; and
(16)
Any existing data that describes the stormwater
runoff at the site.
B.
Land development activities as defined in § 249-3 of this chapter 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 C 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 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.
(2)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(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)
A description of each post-construction stormwater
management practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction 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 post-development stormwater runoff conditions
with pre-development conditions;
(6)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
(7)
Maintenance schedule to ensure continuous and effective
operation of each post-construction 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 remain in
effect with transfer of title to the property;
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 meets the requirements
in this article.
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.
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.
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 this article,
the following documents shall serve as the official guide 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 this article:[1]
(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");
and
(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 this article. 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 his or her 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 inches of precipitation or more. The reports shall be
delivered to the Stormwater Management Officer 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 Wallkill to ensure that the facility is maintained
in proper working condition to meet design standards and any other
provisions established by this article.[1] The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the counsel for the Town of
Wallkill.
[1]
Editor's Note: The Sample Stormwater Control
Facility Maintenance Agreement is on file in the Town offices.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this article shall operate and maintain the stormwater management
practices to achieve the goals of this article.[2] 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; and
D.
Maintenance agreements. The Town of Wallkill shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the Orange County Clerk as a deed restriction on the property prior
to final plan approval. The maintenance agreement shall be consistent
with the terms and conditions of Schedule B entitled "Sample Stormwater
Control Facility Maintenance Agreement." The Town of Wallkill, 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.
E.
Financial security.
[Added 12-12-2013 by Ord. No. 4-2013]
(1)
The Town may require the applicant or developer to provide, prior
to construction, a performance bond, cash escrow, or irrevocable letter
of credit from the appropriate financial or surety institution, in
form and content acceptable to the Town Attorney, which guarantees
satisfactory completion of the project and names the Town as the beneficiary.
(2)
The developer, prior to construction, may be required to provide
the Town with an irrevocable letter of credit from an approved financial
institution or surety, in form and content acceptable to the Town
Attorney, 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 Town may draw upon
the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
