A.
SWPPP required. No application for approval of a land
development activity shall be issued until the appropriate board has
received a SWPPP prepared in accordance with the specifications in
this chapter.
B.
Contents of SWPPP.
(1)
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(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). The
site map should be at a scale no smaller than one inch equals 100
feet;
(c)
Description of the soil(s) present at the site;
(d)
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 Erosion Control Manual, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
(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 close-out;
(h)
A site map/construction drawing(s) specifying
the location(s), size(s) and duration of each erosion and sediment
control practice;
(i)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and size 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;
(2)
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(a)
Name(s) of the receiving water(s);
(b)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(c)
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
(d)
Any existing data that describes the stormwater
runoff at the site.
(3)
Land development activities meeting Condition A, B,
or C below shall also include water quantity and water quality controls
(postconstruction stormwater runoff controls) as set forth below as
applicable:
(a)
Condition A: Stormwater runoff from land development
activities discharging a pollutant of concern to either impaired water
identified on the DEC's 303(d) list of impaired waters, or such superseding
list as may be prepared by DEC, or a total maximum daily load 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 at least one but less than five acres of land
during the course of the project, exclusive of the construction of
single-family residences and construction activities at agricultural
properties.
(4)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater
management practice.
(c)
Site map/construction drawing(s) showing the
specific location(s) and size(s) of each postconstruction 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 postdevelopment stormwater runoff
conditions with predevelopment conditions.
(f)
Dimensions, material specifications, and installation
details for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and
effective operation of each postconstruction 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 shall be recorded on the plan and shall 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 in accordance with § 179-10 of this chapter.
(j)
For Condition A, the SWPPP shall be prepared
by a certified professional or professional engineer and must be signed
by the professional who prepared the plan, who must certify that the
design of all stormwater management practices meets the requirements
of this chapter.
C.
Plan certification. The SWPPP shall be prepared by
a certified erosion control 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 chapter.
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.
(1)
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."
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(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) shall become part of
the SWPPP 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 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 those technical documents
shall be presumed to meet the standards imposed by this chapter:
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with the technical standards, the applicant or developer must demonstrate equivalence to the technical standards of Subsection A hereof and the SWPPP shall be prepared by a licensed professional.
C.
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.
A.
Maintenance and inspection 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 chapter. Sediment shall be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2)
For land development activities that meet Condition
A, B or C, the applicant or developer shall have a qualified professional
conduct site inspections and document the effectiveness of all erosion
and sediment control practices every seven days and within 24 hours
of any storm event producing 0.5 inch of precipitation or more. Inspection
reports shall be maintained in a site logbook.
(3)
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.
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 Village 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 Clerk of the County of Nassau after approval
by counsel for the Village.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with this chapter shall be 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.
D.
Maintenance agreements. The Village shall approve
a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the Clerk of the County of Nassau as a deed restriction on the property
prior to final plan approval. The maintenance agreement shall be consistent
with the terms and conditions of this chapter. The Village, 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.