All land development activities exceeding the thresholds in § 282-6 shall be subject to the following performance and design criteria:
A.
Technical standards. For the purpose of these regulations,
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 these regulations:
(1)
The New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation), as it currently
exists or as hereafter amended; 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), as it currently exists or as hereafter amended; referred
to as the "Erosion Control Manual."
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate the equivalence to the technical standards set forth in Subsection A, and, additionally, the SWPPP must be prepared by a licensed professional.
C.
Water quality and quantity standards. Water quality
and quantity standards apply whether or not a project is subject to
these regulations, and whether or not a project meets the requirements
of these regulations. Water quality and quantity standards are enforceable
by the City under DEC Environmental Conservation Law.
(1)
No land development activity shall cause an increase
in turbidity that will result in substantial visible contrast to natural
conditions in the surface waters of the State of New York.
(2)
No land development activity shall cause a flow alteration
that will impair surface waters of the State of New York for their
best usage.
A.
Stormwater pollution prevention plan requirement. No application for a land development activity shall be reviewed or considered until a stormwater pollution prevention plan (SWPPP), prepared in accordance with these regulations and in the format described in § 282-10B or C, is submitted to the City of Ithaca and deemed acceptable, in writing, by the SMO, or his/her designee, or until the SMO has confirmed that the activity is exempt from these regulations.
B.
Contents of a basic SWPPP. Every basic SWPPP shall
provide the following background information and erosion and sediment
controls:
(1)
Applicant information: name, address, and telephone
number of the owner and developer;
(2)
Background: brief narrative description about the
scope of the project, including location, Tax Map number for the parcel,
type and physical size of the project;
(3)
Site map and construction drawings: a general location
map showing the project parcel and surrounding areas within at least
200 feet of the parcel. At a minimum, the site map should show the
total site area; topography with a minimum of two-foot contour intervals;
areas of land disturbance; areas of land that will not be disturbed;
all proposed improvements; areas of preexisting and proposed land
use and vegetative cover; locations of on-site and adjacent off-site
surface water(s) and wetlands (including names and classifications
for both, if available), subwatershed boundaries, drainage patterns
that could be affected by the land development activity; areas of
existing and proposed final slopes; locations of off-site material,
waste, borrow or equipment storage areas; preexisting and proposed
buildings, structures, utilities and impervious areas; and location(s)
of the stormwater discharge(s) [Site map should be at a scale no smaller
than one inch equals 100 feet (e.g., one inch equals 500 feet is smaller
than one inch equals 100 feet)];
(4)
Soils: description of the existing soil(s), vegetative
surface cover, and site impervious cover present;
(5)
Land development plan: a land development activity
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. Not more than two acres shall be disturbed
at any one time unless pursuant to an approved SWPPP. If the applicant
has determined two acres to be insufficient for the project, the applicant
shall provide a basis for needing more acreage;
(6)
Pollution prevention measures: 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)
Construction waste: description of type, quantities,
sizes, and disposal methods for construction and waste materials expected
to be stored on-site as appropriate, and a description of controls
to reduce the release or discharge of pollutants from these materials,
including storage practices to minimize exposure of the materials
to stormwater, and spill prevention and response;
(8)
Erosion and sediment control plan:
(a)
Drawing: specify the location(s), size(s) and
length(s) of each erosion and sediment control practice in the construction
drawings;
(b)
Structural and vegetative measures: description
of any temporary and permanent structural and vegetative measures
to be used for soil stabilization and erosion control for each stage
of the project, from initial land clearing and grubbing to project
close-out;
(c)
Technical details: dimensions, material specifications,
and installation details for all erosion and sediment control practices,
including the siting and sizing of any temporary sediment and stormwater
runoff catch basins;
(d)
Temporary control measures: 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;
(e)
Permanent control measures: a list of each erosion
control facility, if any, that will be converted from temporary to
permanent control measures;
(f)
Maintenance schedule: ensure continuous and
effective operation of the erosion and sediment control practice;
(9)
Impact to receiving water bodies: the name of any
surface waters that will receive stormwater runoff and/or sedimentation
from the proposed project site;
(10)
Implementation responsibilities: delineation
of SWPPP implementation responsibilities for each part of the site;
(11)
Flow diversion practices: 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.
(12)
Wetlands: The presence and boundaries of a wetland
shall be determined in accordance with the regulated and mapped wetlands
identified by the DEC, the United States Army Corps of Engineers (ACE),
the applicable regulations and rules of the DEC and ACE, the ACE Wetlands
Delineation Manual, as it currently exists or as hereafter amended.
When there is evidence of a wetland, either by designation, mapping,
proximate location to a wetland, or by the soil, flora, and hydrographic
nature of the land, then a wetland delineation shall be performed
in accordance with these regulations and agency rules and regulations.
(13)
Better site design practices: identify the "better site design" practices to be used for this project in accordance with Part 3 attached hereto. As stated, projects disturbing less than one acre must apply at least two of these techniques, and projects disturbing more than one acre must apply at least four of these techniques. If the applicant contends that the minimum number of techniques cannot be incorporated into project design due to site limitations or other restrictions, the applicant shall explain such limitations for consideration of the Board.
(14)
Impact to adjacent landowners: if the project
will create a new or increased concentrated discharge to adjacent
landowners and/or man-made drainage structures as maintained by that
adjacent landowner, written consent shall be recorded on the plan
and shall remain in effect with transfer of title to the property.
No other discharge of concentrated flow to a neighboring private property
is permitted.
(15)
Records management: identify on-site storage
location for the SWPPP and all relevant records and certifications,
including inspection records.
C.
Contents of a full SWPPP. Every full SWPPP shall provide
the following background information and erosion and sediment controls:
(2)
A drainage area map showing the pre- and post-construction
watershed boundaries, drainage areas and stormwater flow paths, including
municipal drainage system flows;
(3)
Identification of any special conditions affecting
the design of stormwater management practices, including, but not
limited to: discharge to a trout stream; winter sizing considerations;
location over a sole-source aquifer, or other aquifer of local significance;
redevelopment activity; or recognition that the project site is a
stormwater "hotspot";
(4)
If the project is subject to infiltration requirements as described in Part 3, include the results of any infiltration practice feasibility testing and/or identification of other infiltration methods to be used. However, the following types of stormwater shall not be infiltrated:
(5)
Identification of any stormwater credits to be used in this project as described in Part 3, with documentation as described in "The Use and Implementation of Stormwater Credits;"
(6)
Narrative description of each post-construction stormwater
management practice, its purpose, and why it is appropriate for the
site. If the design deviates from the Design Manual, explain why;
(7)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction stormwater management
practice;
(8)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storm;
(9)
Comparison of post-development stormwater runoff conditions
with predevelopment conditions. Such calculations include:
(a)
Description of the design storm frequency, intensity
and duration for the one-year, ten-year, and one-hundred-year storm
event;
(b)
Time of concentration;
(c)
Soil runoff curve number (RCN) based on land
use and soil hydrologic group;
(d)
Peak runoff rates and total runoff volumes for
each watershed area, including upstream and off-site contributing
areas;
(e)
Infiltration rates, where applicable;
(f)
Culvert capacities;
(g)
Flow velocities;
(h)
Data on the increase in rate and volume of runoff
for the specified design storms; and
(i)
Documentation of sources for all computation
methods and any field test results.
(10)
Calculations for sizing specified stormwater
management practices using the following "Unified Stormwater Sizing
Criteria" as described in the Design Manual:
(11)
Dimensions, material specifications and installation
details for each post-construction stormwater management practice;
(12)
Maintenance schedule to ensure continuous and
effective operation of each post-construction stormwater management
practice;
(13)
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 plat map and in the
Tompkins County Clerk's office and shall remain in effect with transfer
of title to the property;
(14)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 282-11D of these regulations;
(15)
Post-development downstream analysis if deemed
necessary by the Stormwater Management Officer.
D.
Plan certification. A basic and full SWPPP shall be
prepared and certified by a licensed professional who shall certify
that the design of all stormwater management practices meet the requirements
in these regulations.
E.
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 plan.
F.
Contractor certification.
(1)
Each contractor and subcontractor identified in a
basic or full 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:
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"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.
G.
A copy of all SWPPPs 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.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development
activity or his/her representative 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 these regulations.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
(2)
For land development activities subject to a full
SWPPP, the applicant shall have a qualified professional conduct site
inspections at least every seven days and within 24 hours of any storm
event producing 0.5 inch of precipitation or more. At a minimum, inspection
reports shall document general site conditions, identify the conditions
and effectiveness of all temporary and permanent erosion and sediment
control practices, and determine whether those practices are in compliance
with New York State standards and specifications. Inspection reports
shall be maintained in a site log book, with copies delivered weekly
to the Stormwater Management Officer.
(a)
If the project is subject to a full SWPPP, and
consists of separate and distinct phases, inspections may be halted
in between phases, as long as the project meets the DEC's requirements
for final stabilization during the interim period.
(b)
At the end of the construction season when soil
disturbance activities will be finalized or suspended until the following
spring, the owner may make a written request to the SMO for allowance
of DEC winter site stabilization/site inspections methods. In that
case, frequency of inspections can be reduced from weekly to monthly
as long as the site is properly stabilized with approved erosion and
sediment control practices prior to the onset of snow cover or frozen
ground and proper written approval is obtained by the SMO. In the
event of a winter thaw, a special inspection must be made to check
the integrity of the site stabilization practices, and repairs shall
be made by the owner as necessary. Normal weekly inspections shall
resume no later than March 15.
B.
Maintenance easement(s). Prior to the issuance of
any permit that has a stormwater management facility as one of the
requirements, the applicant or developer must execute an inspection
and 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 and possible maintenance by the City of Ithaca to ensure
that the facility is maintained in proper working condition to meet
design standards and any other provisions established by these regulations.
The easement shall be recorded by the grantor in the office of the
County Clerk with proof of filing provided to the City of Ithaca,
and on the subdivision plat (if applicable) after approval by the
counsel for the City of Ithaca and the appropriate parties. If any
part of a stormwater management facility is on a neighboring parcel,
or requires access from a neighboring parcel, the neighboring landowner
must be a willing party to the easement.
C.
Maintenance after construction. The owner or operator
of permanent stormwater management practices installed in accordance
with these regulations shall operate and maintain these practices
to achieve the goals of these regulations. Proper operation and maintenance
shall include the following items at minimum:
(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 these regulations.
(2)
Written procedures for operation and maintenance and
training new maintenance personnel.
D.
Maintenance agreements. Prior to issuance of a certificate
of occupancy, a formal maintenance agreement for stormwater management
facilities must be entered into with the City of Ithaca. The agreement
shall be binding on all subsequent landowners and recorded in the
office of the County Clerk, and on the subdivision plat (if applicable),
as a deed restriction on the property. It shall be consistent with
the terms and conditions of these regulations and the document entitled
"Stormwater Control Facility Maintenance Agreement" on file with the
City of Ithaca. The City of Ithaca, 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 these regulations and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance. Prior to accepting a dedicated facility,
the City of Ithaca may require the formation of a Benefit District
to include all parcels served by the facility, to fund ongoing inspection,
maintenance and, if necessary, expansion of the facility.
