A.
Discharge prohibitions.
(1)
No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1)(a), (b) and (c). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter, unless the NYSDEC or the municipality
has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources; landscape irrigation
or lawn watering; existing diverted stream flows; rising groundwater;
uncontaminated groundwater infiltration to storm drains; uncontaminated
pumped groundwater; foundations or footing drains; crawl space or
basement sump pumps; air-conditioning condensate; irrigation water;
springs; water from individual residential car washing; natural riparian
habitat or wetland flows; dechlorinated swimming pool discharges;
residential street wash water; water from fire-fighting activities;
and any other water source not containing pollutants. Such exempt
discharges shall be made in accordance with an appropriate plan for
reducing pollutants.
(b)
Discharges approved in writing by the Stormwater Management
Officer to protect life or property from imminent harm or damage,
provided that such approval shall not be construed to constitute compliance
with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period
and under such conditions as the Stormwater Management Officer may
deem appropriate to protect such life and property while reasonably
maintaining the purpose and intent of this chapter.
(c)
Dye testing in compliance with applicable state and local laws
is an allowable discharge, but requires a verbal notification to the
Stormwater Management Officer prior to the time of the test.
(d)
The prohibition shall not apply to any discharge permitted under
a SPDES permit, waiver or waste discharge order issued to the discharger
and administered under the authority of the NYSDEC, provided that
the discharger is in full compliance with all requirements of the
permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
(2)
Prohibition of illicit connections.
(a)
The construction, use, maintenance or continued existence of
illicit connections to the MS4 is prohibited.
(b)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(c)
A person is considered to be in violation of this chapter if
the person connects a line conveying sewage to the municipality's
MS4, or allows such a connection to continue.
B.
All land development activities regulated under this chapter shall
be in conformance with the provisions set forth herein. It shall be
a violation of this chapter, or for any permit issued thereof, to
either cause or contribute to an impairment of aquatic resources,
a degradation of water quality, or to otherwise harm the natural resources
of the Town of Pawling. More specifically:
(1)
There shall be no increase in turbidity that will cause a substantial
visible contrast to natural conditions of surface water.
(2)
There shall be no increase in suspended, colloidal and settleable
solids that will cause deposition or impair the waters for their best
usages.
(3)
There shall be no residue from oil and floating substances, or visible
oil film, or globules of grease.
(5)
There shall be no increase in the peak rate of runoff which causes
impairment to any stream channel or drainage structure.
The following technical standards shall be used in the design
and installation of all erosion control, sediment control and stormwater
practices designed or installed under this chapter:
A.
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society),
or the most current version or its successor (also referred to as
the "Erosion Control Manual").
B.
New York State Stormwater Design Manual, latest edition (New York
State Department of Environmental Conservation), or the most current
version or its successor (also referred to as the "Erosion Control
Manual").
C.
Urban Hydrology for Small Watersheds (TR55) (USDA Natural Resource
Conservation Service), or the most current version or its successor
(also referred to as the "Erosion Control Manual").
D.
Soil Survey of Dutchess County, New York (USDA Natural Resource and
Conservation Service), or the most current version or its successor
(also referred to as the "Erosion Control Manual").
E.
East of Hudson Phosphorus Removal Supplement for portion of the Town
of Pawling within the Croton Watershed, or the most current version
or its successor (also referred to as the "Erosion Control Manual").
F.
New York State Department of Environmental Conservation SPDES General
Permit for Stormwater Discharges from Construction Activity Permit
No. GP-0-10-001, or as amended or revised, or the most current version
or its successor (also referred to as the "Erosion Control Manual").
An erosion and sediment control plan shall be prepared in accordance
with the technical standards provided for herein, and at a minimum
shall include the following information:
A.
Existing features map(s), at a scale no smaller than one inch equals
100 feet, indicating:
(1)
The boundaries of all parcels on which site preparation activities
are proposed to be undertaken.
(2)
All public improvements within a distance of 500 feet of the parcel
on which site preparation activities are proposed to be undertaken,
the structures identified by their uses and capacities, and the roads
identified by their surface material and width of surface.
(3)
All wetlands greater than 4,000 square feet in size and any watercourses
located either on the site or within a distance of 100 feet of the
parcels on which site preparation activities are proposed to be undertaken.
(4)
Existing topography at contour intervals of two feet referenced to
USGS datum.
(5)
All sewer, water, gas and electric lines and all other utilities
within the parcels on which site preparation activities are proposed
to be undertaken.
(6)
The location and description of all vegetation located within the
area of proposed disturbance, and including the area within 100 feet
of the disturbance.
(7)
The depth to bedrock on the site proposed for site preparation activities.
(8)
The depth to permanent groundwater aquifers on the site proposed
for site preparation activities.
(9)
The boundary of the one-hundred-year floodplain, together with wetland
boundaries.
(10)
Forested land and tree clusters within a distance of 500 feet
of the parcel on which site preparation activities are proposed to
be undertaken.
(11)
All steep slopes on the site proposed for the site preparation
and/or other disturbance.
(12)
All clearing or tree cutting, identified as to the nature of
vegetation affected.
(13)
Drainage computations to evaluate the peak rates and volumes
of runoff for the site in its predeveloped and postdeveloped conditions
if required by the Stormwater Management Officer, Planning Board or
Town Engineer.
(14)
Development standards. All development plans, specifications
and timing schedules, including extensions of previously approved
plans, shall comply with the technical standards identified herein
and shall be designed for "newly graded" or "during construction"
conditions. In the event of conflict with this chapter, the requirements
which, to the greater extent, will serve to minimize erosion shall
apply.
B.
Site plan. A site plan shall be prepared at a scale no smaller than
one inch equals 50 feet, which shows the proposed developed conditions
for the site and the proposed erosion and sediment control measures,
including:
(1)
The location of all excavation, filling and grading proposed to be
undertaken, identified as to the depth, volume and nature of the materials
involved.
(2)
The location of all soil stripping or tree cutting, identified as
to the nature of vegetation affected.
(3)
All areas where topsoil is to be removed, stockpiled and ultimately
placed.
(4)
All temporary and permanent vegetation to be placed on the site,
identified as to plant type, size, quantity, location, seed mixture
and rate of application, as appropriate.
(5)
The type, location and application rate of all mulch.
(6)
All temporary and permanent drainage, erosion and sediment control
practices, including such practices as stormwater ponds and temporary
sediment basins, identified as to the type of facility, the materials
from which it is constructed, its specifications or manufacturer product
identification number, its dimensions and its capacity.
(7)
The anticipated pattern of surface drainage during periods of peak
runoff upon completion of site preparation and construction activities,
identified as to rate and direction of flow at all major points within
the drainage systems.
(8)
The location of all roads, driveways, sidewalks, structures, utilities
and other improvements, including the finished grade of any proposed
structures.
(9)
The
final contours of the areas of the site affected by an action requiring
a permit in intervals of no greater than two feet.
C.
Supporting calculations to demonstrate the suitability of erosion
and sediment control measures.
D.
A construction schedule which is keyed to the site plan indicating:
(1)
When major phases of the proposed project are to be initiated and
completed.
(2)
When major site preparation activities are to be initiated and completed.
(3)
When the installation of temporary and permanent vegetation and drainage,
erosion and sediment control facilities are to be completed.
(4)
The anticipated duration, in days, of exposure of all major areas
of site preparation before the installation of erosion and sediment
control measures.
E.
An estimate of the costs of providing temporary and permanent vegetation
and drainage, erosion and sediment control facilities prepared by
a qualified individual as contained herein.
A.
When required pursuant to this chapter, a stormwater pollution prevention
plan shall be prepared in accordance with the New York State Department
of Environmental Conservation SPDES General Permit for Stormwater
Discharges from Construction Activities (Permit No. GP-0-10-001),
using the technical standards identified herein, and at a minimum
shall include the following information:
(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. 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 grades
at two-foot contours; locations of off-site material, waste, stockpiled
material and equipment storage areas; and location(s) of the stormwater
discharge(s).
(3)
A location map at a scale of not less than one inch equals 2,000
feet.
(4)
Description of the soil(s) present at the site.
(5)
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 one acre shall be disturbed
at any one time unless pursuant to an approved SWPPP.
(6)
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.
(7)
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)
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.
(9)
A site map/construction drawing(s) specifying the location(s), size(s)
and length(s) of each erosion and sediment control practice.
(10)
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the location
and sizing of any temporary sediment basins or traps.
(11)
Temporary practices that will be converted to permanent control
measures.
(12)
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.
(13)
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice.
(14)
Name(s) of the receiving water(s).
(15)
Delineation of SWPPP implementation responsibilities for each
part of the site.
(16)
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
reasonably attainable.
(17)
Any existing data that describes the stormwater runoff at the
site.
(18)
Description of each postconstruction stormwater management practice.
(19)
Site map construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(20)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(21)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(22)
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice.
(23)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(24)
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 and where required by law shall be recorded
in the Dutchess County Clerk's office.
(25)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures.
B.
The SWPPP shall be prepared by a landscape architect, certified professional
in erosion and sediment control (CPESC) or licensed 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 of this chapter.
C.
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."
D.
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.
E.
The original certification statement(s) shall become part of the
SWPPP for the land development activity, a copy of which shall be
filed in the Town of Pawling Planning Office.
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.
A.
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 chapter. Sediment shall be removed from sediment
traps or sediment basins whenever their design capacity has been reduced
by 50%.
B.
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 or more inches of precipitation. The reports shall be delivered
to the Stormwater Management Officer with a copy for the applicant's
site log book and Planning Board office file.
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 Pawling 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 shall be recorded by the grantor in the office of the County
Clerk after approval by the Town Attorney of the Town of Pawling with
the original easement after recording to be delivered to the Pawling
Town Clerk.
A.
The owner or operator of permanent stormwater management practices
installed in accordance with this chapter shall operate and maintain
the stormwater management practices to achieve the goals of this chapter.
Proper operation and maintenance also includes, at 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 for training
new maintenance personnel.
As a condition of the approval of a land development permit,
the Stormwater Management Officer may require that a maintenance agreement
for the future operation and maintenance of one or more of the stormwater
management practices proposed for the site, in a form acceptable to
the Town Attorney and binding on all subsequent landowners, be executed
and recorded in the office of the County Clerk as a deed restriction
on the property.
The following notations are to be included on all subdivision
and site plan erosion and sediment control plans, and may be required
on erosion and sediment control plans prepared for major and minor
land development permits:
A.
Road and drainage improvements.
(1)
All topsoil to be stripped from the area being developed shall be
stockpiled not less than 200 feet from any body of surface water and
shall be immediately seeded with rye grass mixture with a quick germination
time.
(2)
On all embankment fill slopes, topsoil shall be stripped at least
five feet wider than required for the embankment toe of slope. All
fill slopes shall be immediately stabilized using appropriate techniques
which meet the design criteria described in the New York Standards
and Specifications for Erosion and Sediment Control.
(3)
Erosion and sediment control measures, including but not limited
to silt fencing, sediment traps and check dams, shall also be employed
where necessary for supplementary erosion control measures.
(4)
All cut slopes and embankment fills are to be immediately laid back
and stabilized using appropriate techniques which meet the design
criteria described in the New York Standards and Specifications for
Erosion and Sediment Control, which may include the following:
(a)
Grade to finished slopes.
(b)
Scarified.
(c)
Topsoiled with not less than four inches of suitable topsoil
material.
(d)
Seeded with perennial rye grass. Seed shall be applied at the
rate of not less than five pounds per 1,000 square feet.
(e)
Mulched with not less than one inch and not more than three
inches of straw (two tons per acre) and anchored in a suitable manner.
(5)
Temporary on-site sedimentation basins for the immediate control
of erosion and sediment transport are to be provided when and where
required or ordered. The length, width and depth of such basins are
to be determined in the field in accordance with the New York Standards
and Specifications for Erosion and Sediment Control or Town Engineer.
(6)
All erosion control structures are to be maintained in proper functioning
order and are to be replaced or repaired as necessary.
B.
General.
(1)
Construction equipment shall not unnecessarily cross live streams
except by means of bridges and culverts or other approved methods.
(2)
Wherever feasible, natural vegetation should be retained and protected.
(3)
Only the smallest practical area of land should be exposed at any
one time during development.
(4)
Erosion control requirements shall include surface stabilization
measures applied as soon as practicable in portions of the site where
construction activities have temporarily or permanently ceased, but
in no case more than seven days after the construction activity in
that portion of the site has temporarily or permanently ceased. From
November 1 through March 31, any disturbed area must be stabilized
using a heavy mulch layer, a rolled erosion control product or another
method that does not require seed germination to control erosion.
(5)
The permanent final vegetation and structures shall be installed
as soon as practical and as may be directed by the Stormwater Management
Officer or Town Engineer.
(6)
All erosion control measures employed during construction shall comply
with the standards found in New York Standards and Specifications
for Erosion and Sediment Control, latest edition.
(7)
Phasing shall be required on all sites disturbing greater than one
acre with the size of each phase to be established by the Planning
Board or the Stormwater Management Officer.
The standards and requirements contained herein shall be applied
in reviewing and approving all permits pursuant to this chapter.
A.
An erosion and sediment control plan shall seek to return the quality
of the stormwater leaving the site to its predisturbance condition
to the maximum extent practicable.
B.
Excavation, filling, grading and stripping shall be permitted to
be undertaken only in such locations and in such a manner as to minimize
the potential of erosion and sediment and the threat to the health,
safety and welfare of neighboring property owners and the general
public. Alterations of grade or disturbances to the natural vegetative
cover on slopes greater than 30% shall be avoided.
C.
Site preparation and construction shall be fitted to the vegetation,
topography and other natural features of the site and shall preserve
as many of these features as feasible.
D.
The control of erosion and sediment shall be a continuous process
undertaken as necessary prior to, during and after site preparation
and construction.
E.
The smallest practical area of land shall be exposed by site preparation
at any given time.
F.
Mulching or temporary vegetation suitable to the site shall be used
where necessary to protect areas exposed by site preparation, and
permanent vegetation which is well adapted to the site shall be installed
as soon as practical.
G.
Where slopes that have been exposed or regraded during site preparation
are to be revegetated, the slopes shall not be of such steepness that
vegetation cannot be readily established or that problems of erosion
or sediment may result.
H.
Site preparation and construction shall not cause a permanent adverse
effect on the free flow of water by encroaching on, blocking or restricting
watercourses.
I.
All fill material shall be of a composition suitable for the ultimate
use of the fill, free of rubbish and brush, stumps, tree debris, rocks,
frozen material and soft or easily compressible material.
J.
Fill material shall be compacted sufficiently to prevent problems
of erosion, and where the material is to support structures, it shall
be compacted to a minimum density of 90% of modified proctor with
proper moisture control.
K.
All topsoil which is excavated from a site shall be stockpiled and
used for the restoration of the site, and such stockpiles, where necessary,
shall be seeded or otherwise treated to minimize the effects of erosion.
Topsoil is not to be removed or sold from the site unless restoration
has been completed.
L.
Prior to, during and after site preparation and construction, an
integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope instability and adverse effects
on neighboring property owners.
M.
The natural drainage system shall generally be preserved in preference
to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring property owners.
N.
All drainage systems shall be designed to handle adequately the anticipated
flows, both within the site and from the entire upstream drainage
basin, so as to achieve no net increase in peak rate of runoff from
the site.
O.
Sufficient grades and drainage facilities shall be provided to prevent
the ponding of water, unless such ponding is proposed by the approved
site plan, in which event there shall be sufficient water flow to
maintain proposed water levels and to avoid stagnation.
P.
There shall be provided, where necessary to minimize erosion and
sediment, such measures as benches, berms, terraces, diversions, temporary
sediment basins and retention basins. During the course of construction,
where the Stormwater Management Officer or Town Engineer determines
that additional erosion control measures are needed, they shall be
provided by the project owner at no cost to the Town of Pawling.
Q.
Drainage systems, plantings and other erosion or sediment control
devices shall be maintained as frequently as necessary to provide
adequate protection against erosion and sediment and to ensure that
the free flow of water is not obstructed by the accumulation of silt,
debris or other material or by structural damage.
R.
Wherever possible, clean water shall be diverted around any areas
of disturbance.
S.
For any proposed grades planned to have a slope greater than 3H:1V
(three feet horizontal by one foot vertical) the design engineer shall
provide calculations documenting that the slope will be stable as
designed. Slope stability should be demonstrated by two-dimensional
limiting equilibrium methods such as the Bishop Simplified Method.
Further, the analysis should include an evaluation of seasonal high
groundwater conditions, including subsurface investigations if deemed
necessary, to assure that the slope will remain stable in "worst case"
conditions.
T.
The exposure of an area by site preparation shall be kept to the
shortest practical period of time prior to the construction of structures
or improvements or the restoration of the exposed areas to an attractive
natural condition. The developer shall initiate stabilization measures
as soon as practicable in portions of the site where construction
activities have temporarily or permanently ceased, but in no case
more than seven days after the construction activity in that portion
of the site has temporarily or permanently ceased, except where the
initiation of stabilization measures by the seventh day after construction
activity temporarily or permanently ceased is precluded by snow cover
or frozen ground conditions, stabilization measures shall be initiated
as soon as practicable.
A.
The redevelopment of a site shall comply with the technical standards contained herein for water quality for the entire site, including the area proposed for redevelopment, except as noted in Subsection C below.
B.
The redevelopment of a site shall comply with the technical standards contained herein for water quantity for any increase in the volume or rate of runoff due to the redevelopment, except as noted in Subsection C below.
C.
A deviation from the technical and performance standards contained
in this chapter may be permitted where an owner or developer proposing
to redevelop a site demonstrates that proper sizing and installation
of acceptable stormwater management practices is not feasible due
to inadequate space, head or other physical constraints of the site,
and that the proposed change will not cause or contribute to a significant
adverse change in any water resource within that drainage basin. Inadequate
space in which to locate stormwater management practices caused directly
by the size or location of the proposed redevelopment shall not be
considered acceptable justification to permit a deviation from the
standards.
A copy of all notices of intent and all contractor's certifications,
required pursuant to the New York State General Permit for Stormwater
Discharges from Construction Activity Permit No. GP-0-10-001, as amended
or revised, for all land disturbances, development or redevelopment
located within the Town of Pawling shall also be filed with the Stormwater
Management Officer and the Pawling Planning Office, to be placed in
the applicant's file.
