B.
The municipality shall, by resolution, designate a
Stormwater Management Officer who shall accept and review all stormwater
pollution prevention plans and forward such plans to the applicable
municipal board. The Stormwater Management Officer may:
(1)
Review the plans; or
(2)
Upon approval of the Town Board, engage the services of a registered
professional engineer and/or a qualified professional to review the
plans, specifications and related documents at a cost not to exceed
the amount set forth by resolution of the Town Board in the fee schedule
established by the Town Board.[1] The Town Board may require the owner/operator to pay for
the aforesaid review in advance by establishment of an escrow account.
[Amended 3-7-2017 by L.L.
No. 2-2017]
[1]
Editor's Note: The fee schedule is on file in the Town
offices.
C.
All land development activities subject to review
and approval by the applicable board of the Town pursuant to subdivision,
site plan, and/or special permit regulations shall be reviewed subject
to the standards contained in this chapter. The review of the stormwater
pollution prevention plan (SWPPP) shall run concurrently with the
procedure for review, approval and permitting under the other above-noted
regulations.
D.
All land development activities not subject to review as stated in Subsection C above shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer, who shall approve the SWPPP in consultation with the Town's Consulting Engineer and/or other consultant and in accordance with the requirements of this chapter.
The following activities are exempt from review
under this chapter.
B.
Silvicultural activity pursuant to an approved management
plan pursuant to regulation of the Department of Environmental Conservation,
except that landing areas and log haul roads are subject to this chapter.
C.
Routine maintenance activities that disturb less than
5,000 square feet of land area, to be determined in consultation with
the Stormwater Management Officer, and are performed to maintain the
original line and grade, hydraulic capacity or original purpose of
a facility.
[Amended 5-6-2014 by L.L. No. 1-2014]
D.
Repairs to any stormwater management practice or facility
deemed necessary by the Stormwater Management Officer, Town Engineer,
and/or Town Highway Superintendent.
E.
Any part of a subdivision if a plat for the subdivision
has been approved by the Planning Board of the Town on or before the
effective date of this chapter.
F.
Land development activities for which a building permit
has been approved on or before the effective date of this chapter.
G.
The construction of cemetery graves that disturb less
than 5,000 square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
H.
The installation of fence, sign, telephone, and electric
poles and other kinds of posts or poles which disturbs less than 5,000
square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
I.
Emergency activity immediately necessary to protect
life, property or natural resources.
J.
Activities of an individual engaging in home gardening
by growing flowers, vegetables and other plants solely for use by
that person and his or her family, and which disturbs less than 5,000
square feet of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
K.
Landscaping and horticultural activities in connection
with an existing structure which disturb less than 5,000 square feet
of land area.
[Amended 5-6-2014 by L.L. No. 1-2014]
No application for approval of a land development
activity shall be reviewed until the appropriate officer or board
has received a stormwater pollution prevention plan (SWPPP) prepared
in accordance with the specifications in this chapter. The submittal
shall include:
All SWPPPs shall provide the following background
information and erosion and sediment controls. Plans shall be at a
scale no less detailed than one inch equals 40 feet and should be
prepared by and bear the name, signature and seal of a professional
engineer, registered architect, landscape architect or certified professional,
as required by law and licensed by the State of New York. Plans prepared
at larger scales, showing more detail, may be required by the Town's
Consulting Engineer and/or other consultant, as necessary. Elements
of such plans and related studies and materials may be prepared by
other designers or technicians as authorized by law and noted on the
documents submitted. The professional preparing the plan shall certify
that the design of all stormwater management practices (SWMPs) meets
the requirements in this chapter. The following information and plans
shall be provided.
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);
C.
Description of the soil(s) present at the site;
D.
Construction phasing plan describing the intended
sequence of construction activities, including tree removal, stumping,
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 without written
approval from the NYSDEC;
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 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, sizing and supporting calculations 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;
L.
Inspection and maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
M.
Name(s) of the receiving water(s);
N.
Delineation of SWPPP implementation responsibilities
for each part of the site;
O.
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;
Q.
A completed notice of intent (NOI). Said NOI shall
be submitted to the NYSDEC and the Town with ample time to obtain
SPDES General Construction Permit coverage prior to commencement of
construction. Proof of coverage shall be submitted to the SMO and
the Planning Board prior to the commencement of construction.
A.
Land development activities as defined in § 66-4 and meeting at least one of the three conditions in Subsection A(1) through (3) below (i.e., Condition A, B or C) shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection B below as applicable:
(1)
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 water
bodies or a total maximum daily load (TMDL) designated watershed for
which pollutants in stormwater have been identified as a source of
the impairment; or
(2)
Condition B: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project; or
[Amended 5-6-2014 by L.L. No. 1-2014]
(3)
Condition C: stormwater runoff from land development
activities disturbing five or more acres.
B.
SWPPP requirements for land development activities
that meet Conditions A, B or C above:
(2)
Description of each postconstruction stormwater management
practice;
(3)
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice;
(4)
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms;
(5)
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions. The comparison shall include peak
flows for the one-, ten-, and one-hundred-year design storm;
(6)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice;
(7)
Inspection and maintenance schedule to ensure continuous
and effective operation of each postconstruction stormwater management
practice;
(8)
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 comply in all respects with § 66-14 of this chapter;
(9)
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Article VI of this chapter;
(10)
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.
(11)
Land development activities as defined in § 66-4 of this chapter that disturb one or more acres of land shall also include water quantity and water quality controls (post-construction stormwater runoff controls) designed in conformance with the enhanced phosphorus removal design standards in the most current version of the technical standards of the New York State Stormwater Management Design Manual.
[Added 5-6-2014 by L.L. No. 1-2014]
A.
Any applicant proposing to conduct a land development
activity that requires review under this chapter shall file a complete
application, plans and materials for a permit with the Stormwater
Management Officer (SMO) in accordance with the SWPPP requirements,
contents and performance and design criteria set forth herein.
B.
The submittal shall include the original application
and the number of copies of all forms, plans and materials necessary
as determined by the SMO's office to distribute to all reviewers,
including the appropriate officer(s) or board of the Town responsible
for the review of the SWPPP and any related land development or environmental
approval or permit; the Town's Consulting Engineer; the Administrator
of Public Works; and any related consultant or agency as the Town,
in its sole discretion, deems necessary. The submittal shall be organized
by the applicant into identical packets containing all forms, plans
and materials for each reviewer. Upon receipt of all required plans
and materials and fees, the SMO shall distribute to the Town Engineer
and all reviewers and may send multiple packets to a reviewing board
to distribute to their members.
C.
The Town's Planning Board Engineer and/or other consultant
shall review the plans and materials and provide a written report
to the SMO, the appropriate officer(s) or board of the Town responsible
for the review of the SWPPP, which shall be distributed to all reviewers.
This report shall indicate whether the application, plans and materials
are complete for the purpose of granting approval, including performance
and design criteria, and indicating what must be provided to make
the application complete and properly designed. The applicant must
revise and resubmit the application, plans and materials to fully
address the SWPPP requirements set forth herein and in the report.
The steps of engineering review, report and application revision and
resubmittal shall be repeated until the application, plans and related
materials are complete and properly address the SWPPP performance
and design criteria set forth herein.
D.
Any land development activity subject to review and
approval and/or permitting under the Town's requirements and regulations
for fill, wetlands, sand and gravel and tree removal, streets and
sidewalks, subdivision and site development plan and/or zoning requirements
shall be reviewed subject to the requirements and standards contained
in this chapter. The review of the stormwater pollution prevention
plan (SWPPP) shall run concurrently with the procedure for review,
approval and permitting under the other above-noted regulations.
E.
An application for a SWPPP for a land development
activity that involves land disturbance of five or more acres shall
be referred to the Planning Board by the SMO, in consultation with
Town's Consulting Engineer, the Administrator of Public Works, and/or
other consultant. The SMO shall notify the applicant that the application
has been referred to the Planning Board.
F.
At the conclusion of the review of any land development
activity subject to Planning Board review or review and approval and/or
permitting under the Town's other requirements and regulations, the
reviewing Town official or agency shall make a recommendation to the
SMO, the Administrator of Public Works, the Town's Consulting Engineer,
and/or other consultant indicating whether the SWPPP should be: approved;
approved with conditions and/or modifications; or denied. Any recommendation
for denial shall provide specific reasoning for denial.
G.
In the event that there is no other review, approval
or permitting process involving the Planning Board or another reviewing
Town official or agency, the Town's Consulting Engineer, the Administrator
of Public Works and/or other consultant, shall provide a written recommendation
to the SMO indicating that a complete permit be: granted; granted
with conditions and/or modifications; or denied. Any recommendation
for denial shall provide specific reasoning for the decision.
H.
Upon receipt of a recommendation from the Planning
Board; or other appropriate officer(s) or board of the Town responsible
for the review of the SWPPP; or the Town's Consulting Engineer and/or
other consultant, the SMO shall then issue a permit with or without
conditions and/or modifications or issue a denial. The issuance of
any denial shall include specific reasoning for the decision.
The applicant shall provide proof, to the satisfaction
of the SMO (in consultation with Town's Planning Board Engineer and/or
other consultant), that all other applicable environmental permits
that would have an effect or impact on the stormwater pollution prevention
plan (SWPPP) have been acquired for the land development activity
prior to approval of the final SWPPP.
A.
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."
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.
C.
The certification statement(s) shall become part of
the SWPPP for the land development activity.
D.
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,
and submission of a notice of termination (NOT) to the NYSDEC.
