A.
Stormwater pollution prevention plan requirement. 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 chapter.
B.
Contents of stormwater pollution prevention plans.
(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 the project.
(b)
A site map/construction drawing(s) for the project, including
a general location map. At a minimum, the site map shall 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 shall be at a scale no smaller than one inch equals 50 feet (e.g.,
one inch equals 500 feet is smaller than one inch equals 100 feet).
(c)
A description of the soil(s) present at the site.
(d)
A 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 five acres shall be disturbed at any one time unless pursuant
to an approved SWPPP. The Town may opt to reduce the amount of land that may
be exposed at any one time.
(e)
A description of the pollution prevention measures that
will be used to control construction materials, chemicals and debris from
becoming a pollutant source in stormwater runoff.
(f)
A 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
and sizing of any temporary sediment basins.
(j)
Temporary practices that will be converted to permanent
control measures.
(k)
An implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice will remain in place until the site is stabilized.
(l)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice.
(m)
The name(s) of the receiving water(s) and NYSDEC classification(s),
if applicable.
(n)
A delineation of SWPPP implementation responsibilities
for each part of the site.
(o)
A 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.
(2)
Land development activities as defined in § 168-2 of this chapter and meeting Conditions A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 168-8B(3) below as applicable:
(a)
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.
(b)
Condition B: Stormwater runoff from land development
activities disturbing five or more acres.
(c)
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 one single-family residence
and construction activities at agricultural properties.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
A description of each postconstruction stormwater management
practice.
(c)
A site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management practice.
(d)
A hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable design storms.
(e)
A comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(f)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(g)
A 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.
(4)
Plan certification. 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
chapter.
(5)
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.
(6)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP
and/or any successor or substitute contractor or subcontractor 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."
Copies of these statements shall be delivered to the duly authorized municipal
authority.
(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. The certification statement(s) shall become
part of the SWPPP for the land development activity.
(7)
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.
Official guides. 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 these technical documents shall be presumed
to meet the standards imposed by this chapter:
(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). See Schedule
A of this chapter for stormwater management practices acceptable for water
quality.[1]
[1]
Editor's Note: A copy of Schedule A is available in the Supervisor's
office.
(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). A copy of the manual is on file in the office
of the Stormwater Management Officer.
B.
Technical standards. All development proposals disturbing less than one acre of land are subject to the same requirements specified in the manuals in Subsections A(1) and (2) above for land development activities disturbing between one and five acres of land. Such requirements shall include but not be limited to the following:
(1)
Grading, erosion control practices, sediment control
practices, and waterway crossings shall meet the design criteria set forth
in the most recent version of the Erosion Control Manual.
(2)
Clearing, except that necessary to establish sediment
control devices, shall not begin until all erosion and sediment control devices
have been installed and have been stabilized.
(3)
Erosion control requirements shall include 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
14 days after the construction activity in that portion of the site has temporarily
or permanently ceased. This requirement does not apply in the following instances:
(a)
Where the initiation of stabilization measures by the
14th 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.
(b)
Where construction activity on a portion of the site
is temporarily ceased and earth-disturbing activities will be resumed within
21 days, temporary stabilization measures need not be initiated on that portion
of the site.
(4)
If seeding or other vegetative erosion control method
does not germinate within two weeks, the Stormwater Management Officer may
require the site to be reseeded or a nonvegetative option employed.
(5)
Special techniques that meet the design criteria outlined
in the Erosion Control Manual for steep slopes and/or drainageways shall be
used. Soil stockpiles must be stabilized. At the close of the construction
season, the entire site must be stabilized using a heavy mulch layer or another
method that does not require seed germination to control erosion (if seed
germination will not occur due to climate limitations).
(6)
Techniques shall be employed to prevent the blowing of
dust or sediment from the site.
(7)
Techniques that divert upland runoff past disturbed slopes
shall be employed. Sediment control requirements shall include settling basins,
sediment traps or tanks, and perimeter controls.
(8)
Settling basins that are designed for adaptation to long-term
stormwater management require approval by the Stormwater Management Officer.
(9)
If a wet watercourse will be crossed regularly during
construction, a temporary stream crossing practice approved by the Stormwater
Management Officer will be installed. Stabilization of the watercourse channel
and banks before, during and after any in-channel work will be completed.
(10)
Stabilization adequate to prevent erosion located at
the outlets of all pipes, paved channels and on-site stormwater conveyance
channels shall be designed according to the criteria outlined in the Erosion
Control Manual.
(11)
Construction site access requirements shall include a
temporary access road provided at all access points to ensure that sediment
is not tracked onto public streets by construction vehicles or washed into
storm drains or watercourses.
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 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) that 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)
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 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 Counsel for the Town.
C.
Maintenance after construction. 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, as a minimum, the following:
(1)
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
that 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 Town shall approve a formal
maintenance agreement for stormwater management facilities binding on all
subsequent landowners and recorded in the office of the 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
of this chapter entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town, in lieu of a maintenance agreement, at its sole discretion,
may accept dedication of any existing or future stormwater management facility,
provided that 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.
[1]
Editor's Note: A copy of Schedule B is available in the Supervisor's
office.
