A.
Upon approval of this chapter by the City Council of
the City of Canandaigua, all site preparation and construction activities
requiring approval under the chapter shall be in conformance with the provisions
set forth herein.
B.
No person, corporation, organization, or public agency may, on or after the effective date of this chapter, 1) initiate any land clearing, land grading, filling or earth moving, or other land-disturbing activities; 2) initiate a development project or construction activity; 3) pave an area with impervious surface; or 4) alter any drainage system without first preparing and submitting a stormwater pollution prevention plan and obtaining approval of said plan as required by this chapter, or obtaining a variance or waiver from this chapter, unless such activity is exempted by § 795-10 of this chapter.
A.
A development permit shall be required for any land-disturbing
activity which is subject to this chapter and which is undertaken independently
of any development activity which is otherwise subject to City review and
approval. No separate development permit shall be required for any land-disturbing
activity which is subject to review and approval through the City Subdivision
Regulations,[1] site plan review, special use permit, or building permit processes,
nor for any City-sponsored land-disturbing or development activity.
B.
No development permit shall be issued until a stormwater
pollution prevention plan has been submitted to and approved by the City,
unless the land-disturbing activity which is the subject of the application
is specifically exempted by this chapter.
C.
The Code Enforcement Officer shall have authority to
issue development permits for land-disturbing activities, upon his determination
that the issuance of such development permit is in compliance with the provisions
of this chapter.
A.
The Planning Commission of the City of Canandaigua shall
have the authority to review and approve, with modifications, approve conditionally,
disapprove, or grant variances and waivers for all stormwater pollution prevention
plans for any projects which are otherwise subject to Planning Commission
approval.
(1)
The Planning Commission shall transmit copies of all
proposed Stormwater pollution prevention plans to the City Director of Public
Works and to the Code Enforcement Officer for review and comment prior to
acting to approve or disapprove such plans.
(2)
The Planning Commission may, upon its discretion, refer
any proposed Stormwater pollution prevention plans to other agencies and officials,
including outside consultants and experts, for review and comment thereon,
prior to acting to approve or disapprove such plans.
(3)
Prior to approving such plan, the Planning Commission
shall determine that the plan is in compliance with the performance standards
and design criteria set forth in this chapter.
B.
The City Director of Public Works shall review all stormwater
pollution prevention plans for construction activities to be directly undertaken
by the labor force of the City of Canandaigua and shall determine that said
plan is in compliance with the performance standards and design criteria set
forth in this chapter, prior to the commencement of any land-disturbing construction
activity. The Director of Public Works may, at his discretion, refer such
plans to other agencies and officials, including outside consultants and experts,
for review and comment thereon.
C.
The City Code Enforcement Officer shall review all Stormwater
pollution prevention plans for all construction activities which are not subject
to Planning Commission or City Council review and approval but for which a
building permit is required.
(1)
The Code Enforcement Officer may, at his discretion,
refer copies of such plans to the Director of Public Works or other agencies
and officials, including outside consultants and experts, for review and comment
prior to the issuance of said building permit.
(2)
The Code Enforcement Officer shall determine that said
plan is in compliance with the performance standards and design criteria set
forth in this chapter, prior to the issuance of said building permit.
D.
The City Council of the City of Canandaigua shall have
the authority to review and approve, approve with modifications, disapprove,
or grant variances and waivers for all Stormwater pollution prevention plans
for any development projects submitted under the Planned Unit Development
Ordinance, according to the procedures set forth therein, and shall determine
that said plan is in compliance with the performance standards and design
criteria set forth in this chapter, prior to granting approval for the commencement
of any land-disturbing activity. The City Council may, at its discretion,
refer copies of such plans to the Director of Public Works or other agencies
and officials, including outside consultants and experts, for review and comment
prior to acting to approve or disapprove such plans.
E.
Land-disturbing activities and construction activities
undertaken for projects which are not otherwise subject to City review and
approval, and for which no building permit is otherwise required, shall not
be commenced until a development permit has been issued by the Code Enforcement
Officer.
(1)
The Code Enforcement Officer may, at his discretion,
refer copies of such plans to the Director of Public Works or other agencies
and officials, including outside consultants and experts, for review and comment
prior to the issuance of said development permit.
(2)
The Code Enforcement Officer shall determine that said
plan is in compliance with the performance standards and design criteria set
forth in this chapter, prior to the issuance of said development permit.
The following activities are exempt from the Stormwater pollution prevention
plan requirement:
A.
Agricultural activities, including household gardening
and household landscape maintenance on existing developed lots.
B.
Any maintenance, alteration, use or improvements to an
existing structure not changing the quality, rate, volume or location of surface
water discharge or the area of impervious surface.
C.
Resurfacing or repair of an existing paved surface which
does not decrease the permeability of the paved surface nor expand the area
of pavement.
D.
Construction of minor accessory structures not requiring
excavation or grading and are not in a concentrated flow path.
E.
Projects which are emergency in nature that are necessary
to protect life or property, such as bridge, culvert, or pipe repairs and
electrical service, gas line, or public utility restoration. The City Department
of Public Works shall be notified within 48 hours of the initiation of such
emergency activity. The Director of Public Works shall determine and approve
of the emergency nature of such a project.
A.
A waiver of the stormwater pollution prevention plan
requirement may be obtained by submitting an application. The application
for a waiver shall contain:
(1)
The name, address and telephone number of the developer
and owner.
(2)
A description and drawing of the proposed development.
(3)
The location of the development.
(4)
The reason for, and/or justification of, the waiver.
(5)
Any other information requested by the City that is reasonable
and necessary to evaluate the proposed development and potential runoff impacts.
B.
The City may grant a waiver if it determines that the
development is not likely to:
C.
The following types of development shall not be eligible
to receive a full waiver, but the Code Enforcement Officer may waive certain
requirements of the basic stormwater pollution prevention plan:
(1)
Land-clearing or earthmoving and land-grading projects
involving:
(a)
An area of 5,000 square feet or greater.
(b)
Site preparation, construction activity, or other land-disturbing
activity 500 square feet or greater within 100 feet of a wetland, an open
watercourse, or Canandaigua Lake.
(c)
Site preparation on slopes which exceed 1 1/2 feet
of vertical rise to 10 feet of horizontal distance (or site preparation in
the areas of severe erosion potential where such areas have been mapped).
(d)
Site preparation within the one-hundred-year floodplain
of any watercourse delineated on the U.S. Department of Housing and Urban
Development (HUD) Flood Hazard Maps.
(e)
Excavating or filling which exceeds a total of 100 yards
of material within any parcel or contiguous parcel.
(2)
The installation of impervious surfaces 2,000 square
feet or greater in area.
(3)
Any new paving within two feet of a property line.
The Zoning Board of Appeals may grant a written variance from any requirement of these regulations in those cases wherein the Planning Commission or the Code Enforcement Officer has the authority under § 795-9 if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of these regulations will result in unnecessary hardship and not fulfill the intent of these regulations. A written request for variance shall be provided to the Zoning Board of Appeals and shall state the specific variances sought and the reasons for their granting. The Zoning Board of Appeals shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the applicant.
All construction activities and/or other land-disturbing activities
undertaken by or on behalf of the City of Canandaigua shall comply with the
performance standards and design criteria set forth in this chapter but shall
not require the issuance of a development permit. Such projects which are
to be undertaken by a private contractor on behalf of the City of Canandaigua
shall include a Stormwater pollution prevention plan as part of the project
design documents.
Stormwater pollution prevention plan application forms and supporting information shall be submitted to the City agency having authority to approve such plan under § 795-9 of this chapter, according to the following timetables and procedures:
A.
Planning Commission.
(1)
Plans shall be submitted to the Director of Development
and Planning at least two weeks prior to the date of any regularly scheduled
Planning Commission meeting at which the plan is to be considered.
(2)
The Planning Commission shall determine whether the plan
is complete, or whether any additional information or data is required, within
two weeks of the date of its regularly scheduled meeting following the submittal
of the application.
(3)
The Planning Commission shall act to approve or disapprove
stormwater pollution prevention plans within the time frames set forth for
the other approvals under its jurisdiction to which the development project
is subject or within 60 days of the date upon which the plan is determined
to be complete.
B.
City Council.
(1)
Stormwater pollution prevention plans submitted for a
planned unit development project shall be submitted to the City Manager, who
shall coordinate staff review and schedule review by City Council or a committee
thereof according to the timetables set forth in the PUD Ordinance.
(2)
Stormwater pollution prevention plans for a City-sponsored
construction activity which is being undertaken by a private contractor on
behalf of the City shall be submitted to the Director of Public Works, who
will conduct a staff review and transmit the plan, if deemed complete, to
the City Manager, who will schedule a review by the City Council or a committee
thereof.
C.
Code Enforcement Officer.
(1)
Stormwater pollution prevention plans submitted pursuant
to the issuance of a building permit or a development permit for a land-disturbing
activity other than a City-sponsored construction activity shall be submitted
to the Code Enforcement Officer, who shall determine whether the plan is complete
or whether any additional data or information is required within two weeks
of the date of submittal.
(2)
The Code Enforcement Officer shall issue any development permit within two working days of his own determination that the plan meets the performance standards and design criteria of this chapter or of the approval of the plan by the City Council when the City Council has such authority under § 795-9D.
A.
SWPPPs are broken down into two levels (basic and full) based on the site and watershed conditions. Conditions necessitating a full SWPPP can be seen in § 795-15B. All SWPPPs shall provide the following background information on erosion and sediment controls:
(1)
Background information about the scope of the project,
including location, type and size of project;
(2)
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).
The site map will be at a scale no smaller than one inch equals 50 feet;
(3)
A description of the soil(s) present at the site;
(4)
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)
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)
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)
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)
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(9)
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(10)
Temporary practices that will be converted to permanent
control measures;
(11)
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and the duration that each practice should remain in place;
(12)
A maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
(13)
Name(s) of the receiving water(s);
(14)
Delineation of SWPPP implementation responsibilities
for each part of the site;
(15)
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; and
(16)
Any existing data that describes the stormwater runoff
at the site.
B.
Full SWPPP conditions. Land development activities as defined in § 795-6 and meeting Condition A, B or C below shall complete a full SWPPP that also includes water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 795-15C 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 waters or a total
maximum daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment. There are no 303(d) or
TMDL water bodies within the City of Canandaigua as of the adoption of this
chapter, but this information may change in the future.
(2)
Condition B: Stormwater runoff from land development
activities disturbing two or more acres.
(3)
Condition C: Stormwater runoff from land development
activity disturbing between one and two acres of land during the course of
the project, exclusive of the construction of single-family residences and
construction activities at agricultural properties.
C.
SWPPP requirements for Conditions A, B and C:
(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)
A comparison of postdevelopment stormwater runoff conditions
with predevelopment conditions.
(6)
Demonstrate that the overall stormwater management practice
meets the requirements of Chapter 10 of the New York State Stormwater Management
Design Manual: Enhanced Phosphorus Removal Supplement.
(7)
Dimensions, material specifications and installation
details for each postconstruction stormwater management practice.
(8)
Maintenance schedule to ensure continuous and effective
operation of each postconstruction stormwater management practice.
(9)
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.
D.
Plan certification. Land development activities that meet Conditions A, B or C of § 795-15B shall have the SWPPP 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.
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
design plan.
F.
Contractor certification.
(1)
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."
(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 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.
A.
The SWPPP shall be reviewed by the following process:
(1)
During the SEQR process, preceding or coterminous with the preliminary review phase, information to the standards and design criteria as set forth in § 795-18 of this chapter will be set forth during the submission of the overall plan.
(2)
The City will review the information as submitted, and
because it is preliminary action and not final, City action shall be given
as conceptual approval, with modification, or disapproval.
(3)
If preliminary approval or approval with modification
is given, the next step can be submission of a final application wherein requested
modifications shall be satisfied.
(4)
Preliminary approval may be waived by the City if the
project is small in scope and all required information is provided and deemed
adequate.
B.
The SWPPP shall be consistent with the purposes and objectives
of this chapter.
C.
No SWPPP will be approved without certification by the
owner or developer that all work will be accomplished pursuant to the plan
and of the right of the City to conduct on-site inspections before, during
and at the conclusion of construction activities.
D.
The City may attach to its approval of any SWPPP any
conditions which it deems necessary to assure compliance with the terms of
this chapter, to prevent the creation of a nuisance to public health and safety
or a dangerous condition, or to avoid unwarranted sediment accumulation or
water pollution.
E.
Approved plans shall remain valid for one year from the
date of approval. This time period may be extended by the City at its discretion.
F.
Major modifications of the terms and conditions of approved
plans shall follow the same application, review, and approval procedures set
forth in this section for the original approval.
A.
Erosion and sediment control inspections.
(1)
The City of Canandaigua Stormwater Management Officer
may require such inspections as necessary to determine compliance with this
chapter and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements of this
chapter and the stormwater pollution prevention plan (SWPPP) as approved.
To obtain inspections, the applicant shall notify the City of Canandaigua
enforcement official at least 48 hours before any of the following as required
by the Stormwater Management Officer:
(a)
An initial inspection prior to final approval of the
plan.
(b)
Installation of sediment and erosion control measures.
(c)
Start of construction.
(d)
Completion of site clearing.
(e)
Completion of rough grading.
(f)
Inspections of an underground drainage or stormwater
conveyance prior to backfilling.
(g)
Completion of final grading.
(h)
Close of the construction season.
(i)
Completion of final landscaping.
(j)
Successful establishment of landscaping in public areas.
(k)
A final inspection of all sediment and stormwater management
structures and facilities when work on these facilities has been completed.
(2)
If any violations are found, the applicant and developer
shall be notified either in writing or verbally of the nature of the violation
and the required corrective actions. No further work shall be conducted except
for site stabilization until any violations are corrected and all work previously
completed has received approval by the Stormwater Management Officer.
B.
Stormwater management practice inspections. The City
of Canandaigua Stormwater Management Officer is responsible for conducting
inspections of stormwater management practices (SMPs). All applicants are
required to submit as-built plans for any stormwater management practices
located on site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities and
must be certified by a professional engineer.
C.
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis, including
but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; inspection of drainage
basins or areas identified as higher-than-typical sources of sediment or other
contaminants or pollutants; inspections of businesses or industries of a type
associated with higher-than-usual discharges of contaminants or pollutants
or with discharges of a type which are more likely than the typical discharge
to cause violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in drainage control facilities;
and evaluating the condition of drainage control facilities and other stormwater
management practices.
D.
In addition to the required inspections, designated inspectors
may inspect sites as frequently as necessary to assure compliance with the
provisions of this chapter and any conditions attached to plan approval.
E.
The inspections specified by Subsections A through D may be performed by any of the following, at the City's discretion, on a case-by-case basis:
(1)
Designated City Department of Public Works personnel.
(2)
Designated City Code Enforcement Department personnel.
(3)
Engineering firms or other outside consultants under
contract to the City of Canandaigua to perform such inspections.
(4)
Engineering firms or other outside consultants under
contract to a contractor employed by the City of Canandaigua for the City-sponsored
construction activity.
(5)
Engineering firms or other outside consultants employed
by a developer.
F.
Engineering firms performing the inspections required by § 795-17A shall certify to the City by the submission of reproducible (Mylar) as-built plans that construction of stormwater management facilities and structures conforms to the approved plan.
G.
Submission of reports. The City of Canandaigua Stormwater
Management Officer may require monitoring and reporting from entities subject
to this chapter as are necessary to determine compliance with this chapter.
H.
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the City of Canandaigua the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection C.
