A.
Land disturbance activities and associated increases
in impervious cover alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition. This stormwater
runoff contributes to increased quantities of waterborne pollutants.
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from development sites.
B.
During the construction process, soil is the most
vulnerable to erosion by wind and water. This eroded soil endangers
water resources by reducing water quality and causing the siltation
of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates maintenance and/or repair of sewers and ditches,
and the dredging of waterways. In addition, clearing and/or grading
during construction tends to increase soil erosion and causes the
loss of native vegetation necessary for terrestrial and aquatic habitat,
and to provide a healthy living environment for citizens of the Town
of Henrietta. Improper design and construction of stormwater management
practices can increase the velocity of stormwater runoff, thereby
increasing streambank erosion and sedimentation. Impervious surfaces
allow less water to percolate into the soil, thereby decreasing groundwater
recharge and stream base flow.
C.
Regulation of land disturbance activities by means
of performance standards governing stormwater management and site
design will produce development compatible with the natural functions
of a particular site or an entire watershed and thereby mitigate the
adverse effects of erosion and sedimentation from development.
D.
As a result, the purpose of this article is to safeguard
public health, protect property, prevent damage to the environment
and promote the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land in the Town of Henrietta. It seeks
to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5
of the SPDES General Permit for Stormwater Discharges from Municipal
Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or
as amended or revised;
(2)
Require land disturbance activities to conform to
the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities, or as amended or revised;
(3)
Minimize increases in stormwater runoff from land
disturbance activities in order to reduce flooding, siltation, increases
in stream temperature, and streambank erosion and maintain the integrity
of stream channels;
(4)
Minimize increases in pollution caused by stormwater
runoff from land disturbance activities which would otherwise degrade
local water quality;
(5)
Minimize the total annual volume of stormwater runoff
which flows from any specific site during and following development
to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion
and nonpoint source pollution, wherever possible, through stormwater
management practices and ensure that these management practices are
properly maintained and eliminate threats to public safety.
This article shall be applicable to all land disturbance activities that will disturb one or more acres of land unless exempted under § 236-19B of this article. This article also applies to land disturbance activities that are less than a one-acre disturbance if such activities are part of a larger common plan of development or sale that will disturb one or more acres, even though multiple separate and distinct land disturbance activities may take place at different times on different schedules.
A.
Compliance with this article does not relieve the
applicant of the obligation and responsibility to obtain separate
coverage under the NYSDEC SPDES General Permit for Construction Activities
if required. For projects also applying for coverage under the NYSDEC
SPDES General Permit for Stormwater Discharges from Construction Activity,
the applicant shall submit a copy of the following to the Director
of Engineering and Planning for review and approval: stormwater pollution
prevention plan (SWPPP), a notice of intent (NOI) with a certification
statement including the date demonstrating submission to the NYSDEC,
a letter of permission from the NYSDEC granting approval to disturb
five acres or greater of land at one time (if applicable) and any
related documents.
B.
The requirements of this article should be considered
minimum requirements, and where any provision of this article imposes
restrictions different from those imposed by any other federal, state,
or local ordinance, rule or regulation, or other provision of law,
the provisions that are more restrictive or impose more stringent
requirements shall take precedence.
A.
The Town of Henrietta requires the use of technical
standards for erosion and sediment controls. These are detailed in
the New York State Department of Environmental Conservation's Standards
and Specifications for Erosion and Sediment Control. For the design
of water quality and water quantity controls (postconstruction stormwater
runoff control practices), the NYSDEC's technical standards are detailed
in the New York State Stormwater Management Design Manual.
B.
Where stormwater management practices are not in accordance
with the aforementioned technical standards, the applicant or developer
must demonstrate equivalence to these technical standards and the
SWPPP shall be prepared by a licensed/certified professional.
A.
Application requirements.
(1)
Any applicant requesting site plan approval or a permit
for land disturbance activity which would require the disturbance
of one or more acres of land shall also include with a submission
a SWPPP that shall be reviewed and approved by the Stormwater Management
Officer prior to issuance of the final site plan approval or a permit.
(a)
No applicant shall be granted site plan approval
or a permit which would require the disturbance of one or more acres
of land without the review and approval of a SWPPP by the Stormwater
Management Officer.
(b)
Furthermore, prior to the issuance of a permit or site plan approval, all projects that would result in the disturbance of one or more acres of land will be required to comply with all applicable provisions of Article IV, Design and Management of Postconstruction Stormwater Pollution Prevention Measures, of this chapter. As part of the SWPPP, the applicant shall include a signed statement that all applicable requirements of Article IV have been met to the satisfaction of the Town of Henrietta.
(c)
Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as set forth in § 236-24.
(d)
Each application shall include a comprehensive and complete SWPPP that shall be prepared in accordance with § 236-21 of this article.
(e)
Each application shall include a statement that
any land clearing, construction, or development involving the movement
of land shall be in accordance with the submitted SWPPP.
B.
Exemptions. The following activities are exempt from
review under this article:
(1)
Any emergency activity, which is immediately necessary
for the protection of public health, property or natural resources.
(3)
Silvicultural activity, except that landing areas
and log haul roads are subject to this article.
(4)
Routine maintenance activities that disturb fewer
than five acres and are performed to maintain the original line and
grade, hydraulic capacity or original purpose of a facility.
(5)
Repairs to any stormwater treatment practice deemed
necessary by the Town of Henrietta.
The Town of Henrietta requires the applicant to submit a financial guarantee in a form acceptable to the Town of Henrietta prior to issuance of site plan approval or a permit in order to insure that the stormwater pollution prevention and erosion and sediment control practices are implemented and maintained by the applicant as required by the approved SWPPP. The amount of the financial guarantee shall be the total estimated construction cost of the stormwater pollution prevention and erosion and sediment control practices approved, plus a contingency. The financial guarantee shall contain forfeiture provisions for failure to complete work specified in the SWPPP. The financial guarantee shall be released in full only upon satisfaction of the requirements listed in § 236-23 of this article. At its discretion, the Town of Henrietta may allow for a partial release of the financial guarantee based on the completion of various development stages.
A.
Stormwater Management Officer; SWPPP required; exception
to professional review requirement.
(1)
The Town of Henrietta shall designate a Stormwater
Management Officer who shall accept and review all SWPPPs and notify
the Planning Board of the approval of the final document. A consultant
cannot be appointed as a Stormwater Management Officer. The Stormwater
Management Officer may:
(a)
Review the plans;
(b)
Engage the services of a New York State licensed
professional engineer to review the plans, specifications and related
documents at a cost not to exceed a fee schedule established by the
Town Board; or
(c)
Accept the certification of a licensed/certified
professional that the plans conform to the requirements of this article.
(2)
Prior to final approval of a land disturbance activity, a SWPPP shall be prepared by the applicant in accordance with the specifications outlined by the Town of Henrietta and submitted to the Stormwater Management Officer for review. This plan must be prepared in accordance with sound engineering practices by a qualified professional as defined in § 236-2 of this chapter. The final plan must be signed by a New York State licensed professional engineer (PE), who will certify that the design of all stormwater pollution prevention and erosion and sediment control practices meet the requirements outlined in the New York Standards and Specifications for Erosion and Sediment Control and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Stormwater Management Officer.
(3)
The requirements to have a SWPPP prepared by a qualified
professional and to have the final plan signed and certified by a
New York State licensed professional engineer (PE) are not applicable
to land disturbance activities that meet technical standards and are
five acres or less occurring on a single-family residence, which is
not part of a larger common plan of development, or an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
B.
Minimum requirements. 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 and contact information
that includes the name, address, and telephone number of all persons
having a legal interest in the property and the tax reference number
and parcel number of the subject property or properties.
(2)
Site map/construction drawing(s) for the project,
including a general location map and a topographic base map of the
site, at a scale of one inch equal 50 feet, which extends a minimum
of 100 feet beyond the limits of the proposed development. 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), including receiving
waters (name of the water), streams, ponds, culverts, ditches, and
wetlands as well as drainage patterns that could be affected by the
construction activity; existing and final slopes; locations of utilities,
roads, soils types, forest cover, and significant natural and man-made
features not otherwise shown; locations of off-site material, waste,
borrow or equipment storage areas, proposed concrete clean-out basin(s)
and construction entrance; and location(s) of the stormwater discharge(s);
and resources protected under other chapters of this code or by easements.
(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, final
grading and landscaping, and any other activity at the site that results
in soil disturbance. Sequencing shall identify the expected date on
which clearing will begin and the estimated duration of exposure of
cleared areas. Consistent with the New York State Standards and Specifications
for Erosion and Sediment Control, not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP and
a letter of permission from the NYSDEC.
(5)
A description of the pollution prevention measures
that will be used to control litter and prevent construction chemicals
and construction debris from becoming a pollutant source in the stormwater
discharges; a description of construction and waste materials expected
to be stored on site with updates as appropriate; a description of
controls that will be implemented to reduce pollutants from these
materials, including storage practices to minimize exposure of the
materials to stormwater; and a description of spill-prevention and
response measures.
(6)
A description of the 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 disturbance to project closeout, including who will be responsible
for the maintenance and implementation of said features at the site
and what practices will be employed to ensure that adequate vegetative
cover is established and preserved. For temporary and permanent vegetative
control measures, the seeding mixtures and rates, types of sod, method
of seedbed preparation, depth of topsoil, expected seeding dates,
type and rate of lime and fertilizer application, and kind and quantity
of mulching shall be provided.
(7)
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice.
(8)
Illustration of all necessary erosion and sediment
control measures, including the siting and sizing of any temporary
sediment basins and the dimensions, material specifications and installation
details for each throughout all phases of construction and completion
of development of the site. Depending upon the complexity of the project,
the drafting of intermediate plans may be required at the close of
each season.
(9)
Identification of all temporary practices that will
be converted to permanent control measures.
(10)
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.
(11)
Identification of the parts or components of
the SWPPP that require maintenance. Furthermore, it shall also provide
a schedule of required maintenance and identify the party responsible
for such work.
(12)
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.
(13)
Any existing data that describes the stormwater
runoff at the site.
(14)
Assurance that all other applicable environmental
permits have been acquired for the site prior to initial land disturbance.
Copies of the applicable environmental permits shall be provided to
the Town of Henrietta.
(15)
Assurance that the applicant or its responsible individual, as defined in § 236-2, shall be on site at all times when earthwork takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
(16)
Assurance that all contractors and subcontractors
involved in soil disturbance and/or stormwater management practice
installation and maintenance shall be identified in the SWPPP. All
such contractors and subcontractors shall sign a copy of the following
certification statement before undertaking any land disturbance activity
at the site: "I certify under penalty of law that I understand and
agree to comply with the terms and conditions of the SWPPP. I also
understand that it is unlawful for any person to cause or contribute
to a violation of the water quality standards." 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 must be included in the SWPPP.
C.
Modifications to the plan after approval.
(1)
Major amendments of the SWPPP shall be submitted to
the Stormwater Management Officer and shall be approved or disapproved.
(2)
The applicant shall amend the SWPPP whenever:
(a)
There is a significant change in design, construction,
operation, or maintenance which may have a significant effect on the
potential for the discharge of pollutants to the waters of the United
States and which has not otherwise been addressed in the SWPPP; or
(b)
If the SWPPP proves to be ineffective in providing
the proper stormwater pollution prevention and erosion and sediment
control as required by this article, amendments to the SWPPP must
be made. A copy of the newly amended SWPPP must be provided to the
Stormwater Management Officer within five business days for review
and approval.
(3)
Additionally, the SWPPP shall be amended to identify
any new contractor or subcontractor that will implement any measure
of the SWPPP. The Stormwater Management Officer may request copies
of signed contractor certification statements from new contractors/subcontractors
working on the site.
(4)
Field modifications of a minor nature may be authorized
by the Stormwater Management Officer by written authorization to the
applicant.
A.
Town of Henrietta inspections.
(1)
The Town of Henrietta or designated agent as defined in § 236-2 shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the applicant that the work fails to comply with the SWPPP. In addition, the Town of Henrietta reserves the right to enter the work site at any reasonable time for purposes of inspection. The SWPPP and the records of any inspections completed by the owner or its agent shall be maintained at the site in the site logbook from the date of initiation of construction activities to the date of final stabilization. To obtain inspections, the applicant shall notify the Town of Henrietta at least 48 hours before the following activities occur:
(a)
Start of construction.
(b)
Erosion and sediment control measures have been
installed and stabilized.
(c)
Site clearing has been completed.
(d)
Rough grading has been completed.
(e)
Final grading has been completed.
(f)
Close of the construction season.
(g)
Final landscaping.
(h)
Closeout inspection.
(2)
The above inspection timetable does not relieve the
owner of the obligation under this or any other permit or regulation
to conduct regular inspections as set forth in said permit and/or
regulation.
(3)
If any violations are found, the applicant and developer
shall be notified in writing of the nature of the violation and the
required corrective actions. No further earthwork shall be conducted
on the site, except for site stabilization, until the violations are
corrected and approved by the Town of Henrietta.
B.
Property owner/developer inspections.
(1)
The applicant shall employ a responsible individual, as defined in § 236-2 of this chapter, who will oversee the implementation of the SWPPP on a daily basis. The responsible individual 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. The applicant shall also employ the services of a qualified professional in erosion and sediment control who will inspect and document the effectiveness of all erosion and sediment control practices. The documentation will be kept in a site logbook. Inspection reports will be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more and provided to the Stormwater Management Officer by e-mail within 24 hours of the inspection. A monthly summary of reports will be copied to the site logbook and delivered to the Stormwater Management Officer within five days after the month's end.
(2)
The requirement to employ a qualified professional
to inspect and document the effectiveness of all erosion and sediment
control practices is not applicable to land disturbance activities
five acres or less occurring on a single-family residence, which is
not part of a larger common plan of development or on an agricultural
property. In addition, these land disturbance activities must not
discharge directly to a 303(d) impaired water body or must not be
located in a total maximum daily load (TMDL) watershed.
A.
Duration.
(1)
For a project that requires a NYSDEC SPDES Permit,
the SWPPP approved by the Stormwater Management Officer shall be in
effect until:
(2)
For projects that do not require a NYSDEC NOT, the
SWPPP is in effect until a final inspection is conducted and the Stormwater
Management Officer has issued the applicant written approval.
B.
Maintenance.
(1)
The applicant shall at all times properly operate
and maintain all stormwater management facilities and erosion and
sediment control measures which are installed or used by the applicant
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%. The land disturbance 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.
(2)
At the end of the construction season, when soil disturbance
activities will be finalized or suspended until the following spring,
it may be desirable to reduce the frequency of the required weekly
site inspections to monthly inspections. In order to reduce inspection
frequencies, the applicant must complete stabilization activities
before proper installation is precluded by snow cover or frozen ground.
If vegetation is used as a stabilization method, seeding, planting,
and/or sodding must be scheduled to avoid fall frosts and to allow
for proper germination/establishment. Installations and maintenance
must be done according to the New York State Standards and Specifications
for Erosion and Sediment Control.
C.
Closeout. The applicant must satisfy the following
project closeout requirements:
(1)
Reestablish grade of all permanent stormwater facilities.
(2)
Inspect grading of all drainage structures and provide
elevation as-builts to the Town of Henrietta.
(3)
Establish perennial vegetative cover to a density
of 80% over 100% of the site.
(4)
Removal of all debris and temporary erosion and sediment
control practices.
(5)
Provide a written certification by a New York State licensed/certified professional that the site has undergone final stabilization (as defined in § 236-2) and that all temporary erosion and sediment controls not needed for long-term erosion control have been removed.
(6)
Complete any other measure deemed appropriate and
necessary by the Town of Henrietta to stabilize the project site.
The developer, prior to the scheduling a preconstruction
meeting, shall pay the stormwater fees as established by the Town
Board of the Town of Henrietta.
