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.
A.Â
All SWPPPs shall provide the following background
information and erosion and sediment controls:
(1)Â
Background information about the scope of the project,
including the location, type and size of the project;
(2)Â
Site map/construction drawings(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 discharge(s). The
site map should be at a scale no smaller than one inch equals 100
feet;
(3)Â
A description of the soil(s) present at the site;
(4)Â
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;
(5)Â
A 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;
(6)Â
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;
(7)Â
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;
(8)Â
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
(9)Â
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the site and sizing of any temporary sediment basins;
(10)Â
Temporary practices that will be converted to
permanent control measures;
(11)Â
An implementation schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
(12)Â
A maintenance schedule to ensure continuous
and effective operation of the erosion and sediment control practice;
(13)Â
Name(s) of the receiving water(s);
(14)Â
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)Â
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;
(16)Â
Any existing data that describes the stormwater
runoff at the site.
B.Â
Land development activities as defined in § 281-8 of this article and meeting Condition 1, 2, 3 or 4 below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as applicable:
[Amended 2-22-2011 by L.L. No. 2-2011]
(1)Â
Condition 1: 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.
(2)Â
Condition 2: stormwater runoff from land development
activities disturbing five or more acres.
(3)Â
Condition 3: 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 single-family
residences with 25% or less impervious cover at total build out and
construction activities at agricultural properties.
(4)Â
Condition
4: stormwater runoff from land development activities disturbing between
one and five acres of land for a single-family residential subdivision
that will result in greater than 25% impervious cover at total build
out.
C.Â
SWPP requirements for land development activities
meeting Condition 1, 2, 3 or 4: A description of each postconstruction
stormwater management practice, including documentation of the five-step
planning process for stormwater management using green infrastructure
as outlined in the Design Manual using the practices in Schedules
A1, A2 and A3 set forth as in the appendix to this chapter.
[Amended 2-22-2011 by L.L. No. 2-2011]
(2)Â
A description of each postconstruction stormwater
management practice.
(3)Â
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each postconstruction stormwater management
practice.
(4)Â
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
(5)Â
Comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)Â
Dimensions, materials specifications and installation
details for each postconstruction stormwater management practice.
(7)Â
A maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(8)Â
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.
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 meet the requirements
in this chapter.
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.
A.Â
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 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.Â
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.Â
The certification statement(s) shall become part of
the SWPPP for the land development activity.
A copy of the SWPPP shall be retained at the
site of the land development activity during the construction from
the date of initiation of construction activities to the date of final
stabilization.