[HISTORY: Adopted by the City Council of the City of Troy 4-3-2008 by L.L. No.
1-2008. Amendments noted where applicable.]
It is hereby determined that:
A.Â
Uncontrolled drainage and runoff associated with land development
has a significant impact upon the health, safety and welfare of the
community.
B.Â
Eroded soil endangers water resources by reducing water quality and
causing the silting of streams, lakes and other water bodies, adversely
affecting aquatic life.
C.Â
Stormwater runoff and sediment transports pollutants such as heavy
metals, hydrocarbons, nutrients and bacteria to water resources, degrading
water quality.
D.Â
Eroded soil necessitates repair and accelerates the maintenance needs
of stormwater management facilities.
E.Â
Clearing, grading and altering natural topography during construction
tends to increase erosion.
F.Â
Improper design and construction of drainage facilities can increase
the velocity of runoff, thereby increasing stream bank erosion and
sedimentation.
G.Â
Impervious surfaces increase the volume and rate of stormwater runoff
and allow less water to percolate into the soil, thereby decreasing
groundwater recharge and stream base flow.
H.Â
Improperly managed stormwater runoff can increase the incidence of
flooding and the severity of floods that occur, endangering property
and human life.
I.Â
Substantial economic losses can result from these adverse impacts.
J.Â
Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of land development
activities.
The purpose of this chapter is to safeguard persons, protect
property, and prevent damage to the environment in the City of Troy,
New York. This chapter will also promote the public welfare by guiding,
regulating and controlling the design, construction, use and maintenance
of any land development activity as it relates to erosion and sedimentation
control and stormwater management. This chapter seeks to meet these
purposes by achieving the following objectives:
A.Â
Meet the requirements of minimum control measures Four (construction
site stormwater runoff control) and Five (post-construction stormwater
management) of the State Pollution Discharge Elimination System (SPDES)
General Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit GP-02-02, or as amended or revised.
B.Â
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
(SPDES) General Permit for Construction Activities GP-02-01, or as
amended or revised.
C.Â
Minimize soil erosion and sedimentation impacts on streams, water
bodies and neighboring properties.
D.Â
Avoid excessive and/or unnecessary tree and vegetation removal.
E.Â
Minimize windblown soil associated with properties being cleared
and graded for development.
F.Â
Maintain the integrity of watercourses and sustain their hydrologic
functions.
G.Â
Minimize increases in the magnitude and frequency of stormwater runoff
to prevent an increase in flood flows and the hazards and costs associated
with flooding.
H.Â
Minimize decreases in groundwater recharge and stream base flow to
maintain aquatic life, assimilative capacity and water supplies.
I.Â
Facilitate the removal of pollutants in stormwater runoff to perpetuate
the natural biological function of water bodies.
In accordance with § 10 of the Municipal Home Rule
Law of the State of New York, the Governing Board of the City of Troy
has the authority to enact local laws and amend local laws for the
purpose of promoting the health, safety or general welfare of the
City of Troy and for the protection and enhancement of its physical
environment. The City Council may include in any such local law provisions
for the appointment of any municipal officer, employees, or independent
contractor to effectuate, administer and enforce such local law.
A.Â
Except as otherwise provided herein, no person shall commence or
perform any land development activity, as defined herein, without
the approval of a stormwater pollution prevention plan (SWPPP).
B.Â
Applicants shall also obtain all other permits required by state,
federal, and local laws. Whenever the particular circumstances of
proposed land development activity require compliance with special
use, site plan, or subdivision procedures of the City of Troy, the
responsible board shall integrate the requirements prescribed herein
as appropriate and determine the adequacy of the SWPPP.
C.Â
No SWPPP is required for the following exempt activities:
(1)Â
Any emergency activity that is immediately necessary for the protection
of life, property or natural resources.
(2)Â
Agricultural operations conducted as a permitted principal or accessory
use, including the construction of structures where the land disturbance
is less than one acre.
(3)Â
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 stormwater management facility.
(4)Â
Mining as defined herein.
(5)Â
The renovation/replacement of a septic system serving an existing
dwelling or structure.
(6)Â
Normal lawn and landscaping activities/maintenance.
(7)Â
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(8)Â
Selective cutting of trees as defined herein, except log haul roads
and landing areas are subject to this chapter. (Landing areas are
cleared areas to which trees are hauled for their storage before being
transferred off site).
(9)Â
Repairs and maintenance of any stormwater management practice or
facility.
As used in this chapter, the following terms shall have the
meanings indicated:
The use of land for sound agricultural purposes, including
farming, dairy, horse boarding, pasturing, grazing, horticulture,
floriculture, viticulture, timber harvesting, animal and poultry husbandry,
and those practices necessary for the on-farm production, preparation,
and marketing of agricultural commodities. "Agriculture" does not
include dude ranches or similar operations.
A person who has received training and is certified by CPESC
Inc., to review, inspect and/or maintain erosion and sediment control
practices.
Any activity that removes the vegetative surface cover.
The initial disturbance of soils associated with clearing,
grading or excavating activities or other construction activities.
The New York State Stormwater Management Design Manual, most
recent version including applicable updates, which serves as the official
guide for stormwater management principles, methods and practices.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
A set of plans prepared by or under the direction of a licensed/certified
professional indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during
and after construction.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."
Excavation of fill, rock, gravel, sand, soil or other natural
material, including the resulting conditions therefrom.
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, resulting in land disturbance
of equal to or greater than one acre; also includes activities disturbing
less than one acre of total land area that are part of a larger common
plan of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
A person currently licensed to practice engineering, or landscape
architecture in New York State or who is a certified professional
in erosion and sediment control (CPESC).
Any excavation subject to permitting requirements of the
State Department of Environmental Conservation under the Mined Land
Reclamation Law (Environmental Conservation Law, Article 23, Title
27).
A permit application prepared and filed by an owner or operator
with the Department of Environmental Conservation as an affirmation
that a stormwater pollution prevention plan (SWPPP) has been prepared
and will be implemented in compliance with the State Pollution Discharge
Elimination System General Permit for Stormwater Runoff for Construction
Activity (GP-02-01).
The person, persons or legal entity which owns or leases
the property on which the construction activity is occurring.
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
Any land development activity that disturbs one acre or more,
including all commercial, industrial, or mixed use development, as
well as any residential development consisting of buildings that contain
two or more dwelling units, or any land development activity not classified
as a minor project. (The operator of a major project must submit a
SWPPP that addresses water quality and quantity controls in addition
to erosion and sedimentation controls.)
Any land development activity associated with a permitted
agricultural use or single-family residential construction/subdivision
that disturbs between one and five acres and is not discharging stormwater
directly to a water body listed on New York State 2002 Section 303(d)
list of impaired water bodies. (At present in Rensselaer County, Snyders
Lake is the only water body on the list due to phosphorous levels
associated with urban runoff.) (The operator of a minor project must
submit a SWPPP that addresses, erosion and sedimentation controls.)
Solid material, both mineral and organic, which is in suspension,
is being transported, has been deposited or has been removed from
its site of origin.
The cutting of more than 1/2 of the existing living trees
measuring six inches diameter at breast height (DBH) in an area of
one acre or more, over a period of two consecutive years.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A permit issued by the municipality for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff and grading.
Ground areas with a slope greater than 25% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
Ground areas with a slope greater than 15% covering a minimum
horizontal area of 1/4 acre or 10,890 square feet and a minimum horizontal
dimension of 10 feet.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
Covering or maintaining an existing cover or soil. Cover
can be vegetative (e.g., grass, trees, seed and mulch, shrubs, or
turf) or nonvegetative (e.g., geotextiles, riprap, or gabions).
All soil-disturbing activities at the site have been completed,
and a uniform perennial vegetative cover with a density of 80% has
been established or equivalent stabilization measures (such as the
use of mulches or geotextiles) have been employed on all unpaved areas
and areas not covered by permanent structures.
The first land-disturbing activity associated with a development,
including land preparation, such as clearing, grading, and filling.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
Any body of water, including but not limited to lakes ponds,
rivers, streams, and intermittent streams.
A horizontal distance 50 feet away from and parallel to the
high water level of a watercourse.
Those areas that are inundated or saturated by surface or
ground water at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
include those areas determined to be wetlands by the United States
Army Corps of Engineers and the New York State Department of Environmental
Conservation.
A.Â
No application for a land development activity shall be approved
until the responsible board and/or department has received a stormwater
pollution prevention plan (SWPPP) prepared in accordance with the
specifications contained herein.
B.Â
For land development activity not subject to special permit, site
plan or subdivision requirements, the City Engineer, or designated
agent, shall review the SWPPP to determine its completeness and conformance
with the provisions herein. Within 30 days of receipt of a SWPPP,
the City Engineer, or designated agent, shall make a determination
as to whether it is complete. If it is deemed incomplete, the applicant
shall be notified in writing as to the deficiencies in the plan and
the requirements for completeness. Within 30 days after receiving
a complete plan, the City Engineer, or designated agent shall, in
writing:
(1)Â
Approve the permit application;
(2)Â
Approve the permit application subject to such reasonable conditions
as may be necessary to secure substantially the objectives of this
regulation, and issue the permit subject to these conditions; or
(3)Â
Disapprove the permit application, indicating the reason(s) and procedure
for submitting a revised application and/or submission.
(4)Â
Failure of the City Engineer, or designated agent, to act on a complete
original or revised application within 30 days of receipt shall authorize
the applicant to proceed in accordance with the plans as filed unless
such time is extended by agreement between the applicant and the City.
Pending preparation and approval of a revised plan, land development
activities shall not be allowed to proceed. Nothing herein shall relieve
an applicant's need to obtain a building permit as required by
City Code or file an NOI with the NYS Department of Environmental
Conservation.
C.Â
For land development activity subject to special permit, site plan
or subdivision requirements, the responsible board shall incorporate
the required SWPPP into the review process, allowing for public review
and comment on the SWPPP. The responsible board, in consultation with
the City Engineer, or designated agent, shall determine the adequacy
of the SWPPP. For projects subject to subdivision requirements, preliminary
plan approval shall not be granted until the Planning Board has received
a SWPPP prepared in accordance with the specifications contained herein.
D.Â
In its review of the plan, the responsible board or municipal official may consult with the City Engineer, the City Department of Public Utilities, the Rensselaer County Soil and Water Conservation District, the New York State Department of Environmental Conservation or retain any other licensed/certified professionals qualified in the review and/or design of stormwater management and erosion control plans as are determined to be necessary to carry out the review of an SWPPP. Payment for the services of such professionals shall comply with § 159-18 herein.
The SWPPP shall include the following:
A.Â
A written narrative identifying the project's scope, including
the location, type and size of the project.
B.Â
A 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; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of stormwater discharge(s). The specific
location(s), size(s), and length(s) of each erosion and sediment control
practice shall also be shown. Site maps/construction drawings shall
be at a scale no smaller than one inch equals 100 feet.
C.Â
A natural resources map identifying existing vegetation; on-site
and adjacent off-site surface water(s), wetlands, and drainage patterns
that could be affected by the construction activity; and existing
and final slopes.
D.Â
A description of soil(s) present at the site along with any existing
data that describes the stormwater runoff characteristics at the site.
E.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. Phasing shall identify
the expected date on which clearing will begin, the estimated duration
of exposure of cleared areas, areas of clearing, installation of temporary
erosion and sediment control measures, and establishment of permanent
vegetation. Consistent with the New York Standards and Specifications
for Erosion and Sediment Control, there shall not be more than five
acres of disturbed soil at any one time without prior written approval
from the Department of Environmental Conservation.
F.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 the stormwater discharges and
runoff.
G.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.
H.Â
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 clearing and
grubbing to project close-out. Depending upon the complexity of the
project, the drafting of intermediate plans may be required at the
close of each season.
I.Â
The dimensions, material specifications (e.g., seeding mixtures and
rates, types of sod, kind and quantity of mulching) and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins. Temporary
practices that will be converted to permanent control measures shall
be shown.
J.Â
An 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.
K.Â
A maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practices, including estimates
of the cost of maintenance.
L.Â
Name(s) of the receiving water(s) and any existing data that describes
the stormwater runoff at the site.
M.Â
Identification of the person or entities responsible for implementation
of the SWPPP for each part of the site.
N.Â
A description of structural practices 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.
O.Â
A site map/construction drawing(s) of each post-construction stormwater
practice, including a description of each post-construction stormwater
control practice, including specific location(s) and size(s), dimensions,
material specifications and installation details. The New York State
Stormwater Management Design Manual shall serve as the technical design
standard. Deviations from this design manual are permitted subject
to review and approval by the New York State Department of Environmental
Conservation within 60 business days of receipt of a completed notice
of intent (NOI).
P.Â
For major projects, the following shall also be provided:
(1)Â
A hydrologic and hydraulic analysis for all structural components
of the stormwater control system for the applicable design storms.
(2)Â
A comparison of post-development stormwater runoff conditions with
predevelopment conditions.
(3)Â
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater control practice.
(4)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 licensed/certified professional.
The SWPPP must be signed by the professional preparing the plan and
shall make the following certification:
|
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gathered
and evaluated the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that false statements made herein are punishable as a Class
A misdemeanor pursuant to § 210.45 of the Penal Law."
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A.Â
The SWPPP must clearly identify each contractor(s) and subcontractor(s)
involved in soil disturbance that will implement each stormwater and
erosion control measure. Each contractor and subcontractor identified
in the SWPPP shall sign 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 (SWPPP) as a condition of authorization to discharge
stormwater. I also understand that the operator must comply with the
terms and conditions of the New York State Pollutant Discharge Elimination
System (SPDES) general permit for stormwater discharges from construction
activities and that it is unlawful for any person to cause or contribute
to a violation of water quality standards."
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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.Â
The permittee shall amend the SWPPP whenever:
(1)Â
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.Â
Additionally, the SWPPP shall be amended to identify any new contractor
or subcontractor that will implement any measure of the SWPPP.
A.Â
Standards established.
(1)Â
Grading, erosion, and sediment control practices, and waterway crossings
shall meet the design criteria set forth in the most recent version
of the New York Standards and Specifications for Erosion and Sediment
Control published by the Empire State Chapter of the Soil and Water
Conservation Society. For the design of post-construction structures,
the technical standards are currently detailed in the publication
New York State Stormwater Management Design Manual, published by the
Department of Environmental Conservation.
(2)Â
Cut and fill slopes shall be no greater than 2:1, except where retaining
walls, structural stabilization or other methods acceptable to the
City-designated licensed/certified professional are used. Disturbed
areas shall be restored as natural appearing landforms and shall blend
in with the terrain of adjacent undisturbed land. Abrupt, angular
transitions shall be avoided.
(3)Â
Clearing and grading shall be substantially confined to designated
building envelopes, utility easements, driveways, and parking footprint.
Clearing and grading techniques that retain natural vegetation and
drainage patterns, as described in the most recent version of Standards
and Specifications for Erosion and Sediment Control referenced above
shall be used to the satisfaction of the responsible board. No clearing
or grading shall take place within the established fifty-foot watercourse
buffer area except to provide road crossings where permitted.
(4)Â
Clearing, except that necessary to establish sediment control devices
shall not begin until all sediment control devices have been installed
and have been stabilized.
(5)Â
Phasing shall be required on all sites disturbing greater than 30
acres, with the size of each phase to be established at plan review
and as approved by the responsible board. There shall not be more
than five acres of disturbed soil at any one time without prior written
approval from the New York State Department of Environmental Conservation.
(6)Â
The permittee shall initiate stabilization measures 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)Â
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)Â
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.
(7)Â
The mere parking and moving of construction vehicles around the site does not constitute construction or earth-disturbing activity. If the permittee is not diligently pursuing the project toward completion as determined by the City Zoning Enforcement Officer or designated agent, he/she may issue a notice of violation (See § 159-19A.) and stipulate that the stabilization measures as outlined above shall be undertaken to prevent site erosion.
(8)Â
If seeding or another vegetative erosion control method is used,
it shall become established within 14 days or the applicant may be
required to reseed the site or use a nonvegetative option.
(9)Â
Special techniques that meet the design criteria outlined in the
most recent version of Standards and Specifications for Erosion and
Sediment Control shall be used to ensure stabilization on steep slopes
or in drainageways.
(10)Â
Soil stockpiles must be stabilized or covered at the end of
each workday.
(11)Â
The entire site must be stabilized, using a heavy mulch layer
or another method that does not require germination to control erosion,
at the close of the construction season.
(12)Â
Techniques shall be employed to prevent the blowing of dust
or sediment from the site.
(13)Â
Techniques that divert upland runoff past disturbed slopes shall
be employed.
(14)Â
Adjacent properties shall be protected by the use of a vegetated
buffer strip in combination with perimeter controls.
(15)Â
In general, wetlands and watercourses should not be filled,
graded or altered. The crossing of watercourses should be avoided
to the maximum extent practicable. When protection of wetlands, watercourses,
trees, steep slopes or other environmentally sensitive area is required,
the location shall be shown on the erosion control plan and the method
of protection during construction identified (e.g., silt fence, construction
fence, stakes, etc.). A vegetative buffer (25 feet minimum) shall
be maintained between disturbed areas and protected federal wetlands
that are not proposed to be filled as part of an Army Corps of Engineers
wetlands permit. In the case of state-designated wetlands, the one-hundred-foot
adjacent area shall not be disturbed without a New York State Department
of Environmental Conservation permit.
(16)Â
Stabilization shall be adequate to prevent erosion located at
the outlets of all pipes and paved/riprap channels.
(17)Â
Sediment shall be removed from sediment traps or sediment ponds
whenever their design capacity has been reduced by 50%.
(18)Â
Development should relate to site conditions and disturbance
of steep slopes avoided. Grading should be minimized by utilizing
existing topography whenever possible. Roads and driveways shall follow
the natural topography to the greatest extent possible.
(19)Â
In areas of severe slopes (exceed 25%), land-disturbing activities
are not permitted. A twenty-five-foot buffer must be maintained between
any disturbed area and the top of slopes 25% and greater.
B.Â
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 City of
Troy 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 City of
Troy.
C.Â
Maintenance agreements. The developer shall be responsible for cost
of maintaining the stormwater facilities for a one-year time period,
beginning on the date of the completion of the entire development
project. The City of Troy 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 City of Troy, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided 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. Prior to any acceptance and after the one-year
developer maintenance period, the City Engineer shall inspect the
stormwater facilities, identify proper operation of the system, and
completion of maintenance activities for the facilities. The developer
shall be responsible for all costs incurred prior to acceptance by
the City of Troy.
[1]
Editor's Note: Schedule B is on file in the City offices.
Any land development activity shall not result in:
A.Â
An increase in turbidity that will cause a substantial visible contrast
to natural conditions in surface waters of New York State;
B.Â
An increase in suspended, colloidal and settleable solids that will
cause deposition or impair the waters for their best uses; or
C.Â
Residue from oil and floating substances, or visible oil film, or
globules of grease.
The applicant or developer of the land development activity
or his/her representative shall at all times properly operate and
maintain all facilities and systems of treatment and control (and
related appurtenances) which 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%.
A.Â
Schedule of inspections; violations.
(1)Â
The City Zoning Enforcement Officer or designated agent 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 SWPPP as approved. To obtain inspections,
the applicant shall notify the Zoning Enforcement Officer or designated
agent at least 48 hours, before the following as required by the SWPPP:
(a)Â
Start of construction and initial installation of sediment and
erosion controls.
(b)Â
Installation of sediment and erosion measures as site clearing
and grading progresses.
(c)Â
Completion of site clearing.
(d)Â
Completion of rough grading.
(e)Â
Completion of final grading.
(f)Â
Close of the seasonal land development activity.
(g)Â
Completion of final landscaping.
(h)Â
Successful establishment of landscaping in public areas.
(2)Â
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. Corrective actions may include the repair/restoration
of off site impacts. 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 City Zoning Enforcement
Officer or designated agent.
B.Â
For land development activities, the applicant shall have a qualified
professional conduct an assessment of the site prior to the commencement
of construction and certify in an inspection report that the appropriate
erosion and sediment controls described in the SWPPP have been adequately
installed or implemented to ensure overall preparedness of the site.
Following the commencement of construction, site inspections shall
be conducted by a qualified professional at least every seven calendar
days and within 24 hours of the end of a storm event 0.5 inch or greater.
The purpose of such inspections will be to determine the overall effectiveness
of the plan and the need for additional control measures. During each
inspection, the licensed/certified professional shall record the following
information:
(1)Â
On a site map, indicate the extent of all disturbed site areas and
drainage pathways. Indicate site areas that are expected to undergo
initial disturbance or significant site work within the next fourteen-day
period.
(2)Â
Indicate on a site map all areas of the site that have undergone
temporary or permanent stabilization.
(3)Â
Indicate all disturbed site areas that have not undergone active
site work during the previous fourteen-day period.
(4)Â
Inspect all sediment control practices and record the approximate
degree of sediment accumulation as a percentage of the sediment storage
volume.
(5)Â
Inspect all erosion and sediment control practices and record all
maintenance requirements, such as verifying the integrity of barrier
or diversion systems and containment systems. Identify any evidence
of rill or gully erosion occurring on slopes and any loss of stabilizing
vegetation or seeding/mulching. Document any excessive deposition
of sediment or ponding water along barrier or diversion systems. Record
the depth of sediment within containment structures, any erosion near
outlet and overflow structures, and verify the ability of rock filters
around perforated riser pipes to pass water.
(6)Â
All deficiencies that are identified with the implementation of the
SWPPP.
C.Â
A copy of the NOI and a brief description of the project shall be
posted at the construction site in a prominent place for public viewing.
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the beginning of construction activities
to the date of final stabilization. The SWPPP and inspection reports
are public documents that the operator must make available for inspection,
review and copying by any person within five business days of the
operator receiving a written request by such person to review the
SWPPP and/or the inspection reports. Copying of documents will be
done at the requester's expense.
D.Â
The operator shall maintain a record of all inspection reports in
a site logbook. The site log book shall be maintained on site and
be made available to the City upon request. The operator shall post
at the site, in a publicly accessible location, a summary of the site
inspection activities on a monthly basis.
E.Â
The applicant or developer or his/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.
A.Â
Inspections of stormwater management practices (SMPs). The City Zoning
Enforcement Officer or designated agent is responsible for conducting
inspections of stormwater management practices (permanent water quantity/quality
improvement structures). All operators are required to submit as-built
plans certified by a professional engineer for any permanent stormwater
management practices located on site after final stabilization. [NOTE:
"Final stabilization" means that all soil-disturbing activities at
the site have been completed and a uniform perennial vegetative cover
with a density of 80% has been established or equivalent stabilization
measures (such as the use of mulches, or geotextile mats) have been
employed on all unpaved areas and areas not covered by permanent structures.]
The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer.
Operators shall also provide the owner(s) of such structure(s) with
a manual describing the operation and maintenance practices that will
be necessary in order for the structure to function as designed. The
operator must also certify that the permanent structure(s) have been
constructed as described in the SWPPP. This certification can be accomplished
by providing to the City a copy of the notice of termination (NOT)
filed with the New York State Department of Environmental Conservation.
B.Â
All certified as-built plans, lands, structures and/or appurtenances
to be dedicated to the City shall be reviewed, inspected and approved
by the City Engineer or designated agent prior to City acceptance.
C.Â
Notice of termination (NOT). Upon certification by the operator's licensed/certified professional that a final site inspection has been conducted and that final stabilization has been accomplished and all stormwater management practices have been constructed as described in the SWPPP, the operator shall complete and file an NOT as prescribed by the New York State Department of Conservation and file a copy with the City to notify it that he/she has complied with § 159-14A and that the project is complete.
A.Â
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
chapter shall ensure they are operated and maintained to achieve the
goals of this chapter. Proper operation and maintenance also includes,
at a minimum, the following:
(1)Â
A preventive/corrective maintenance program for all critical facilities
and systems of treatment and control (or related appurtenances) which
are installed or used by the owner or operator to achieve the goals
of this chapter.
(2)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
B.Â
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 facilities;
and evaluating the condition of drainage control facilities and other
stormwater management practices.
C.Â
Submission of reports. The City Engineer or City of Troy Stormwater
Management Officer may require monitoring and reporting from entities
subject to this chapter as are necessary to determine compliance with
this chapter.
D.Â
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 stormwater system, the landowner shall grant to the City of Troy the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection B.
A.Â
Construction completion guarantee. The applicant or developer may
be required to provide, prior to construction, a performance bond,
cash escrow or irrevocable letter of credit from an appropriate financial
or surety institution which guarantees satisfactory completion of
the project and names the City of Troy as the beneficiary. The security
shall be in an amount determined by the City of Troy, based on submission
of final design plans, with reference to actual construction and landscaping
costs. The performance guarantee shall remain in force until the surety
is released from liability by the City of Troy, provided that such
period shall not be less than one year from the date of final acceptance
or such other certification that the facilities have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the City. Per annum interest on cash escrow
deposits shall be reinvested in the account until the surety is released
from liability.
B.Â
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer or by a corporation that owns or manages a commercial or
industrial facility, the developer, prior to construction, may be
required to provide the City of Troy with an irrevocable letter of
credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities, both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion control facilities, the City may, upon notification, draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
C.Â
Cost of maintenance of City-of-Troy-accepted facilities. The cost
of operating, improving and maintaining stormwater management and
erosion and sediment control facilities that are accepted by the City
of Troy may be charged as a fee to the property owners which are served
by the facility(ies). The City may review and determine the cost of
these fees on an annual basis.
D.Â
Recordkeeping. The City of Troy may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
A.Â
The responsible board or municipal official is hereby authorized
to retain licensed/certified professionals as are determined to be
necessary to carry out the review of a SWPPP or to make regular or
final inspections of all control measures, lands, structures and/or
appurtenances to be dedicated to the City in accordance with the approved
plan.
B.Â
Payment for the services of such professionals is to be made from
funds deposited by the applicant with the City in escrow accounts
for such purposes.
C.Â
It shall be the responsibility of the applicant to submit to the
City certified check(s) in amounts equal to the estimate of the licensed/certified
professional for the cost of services to be rendered. Estimates shall
reflect reasonable costs at prevailing rates. The City shall make
payments to said professional for services rendered to it upon acceptance
by the City of said service.
A.Â
Notice of violation.
(1)Â
The operator and all contractors and subcontractors must comply with
all conditions of a SWPPP submitted pursuant to this chapter. In the
event that the City determines that a land development activity is
not being carried out in accordance with the requirements of this
chapter, the Zoning Officer may issue a written notice of violation
to the operator/landowner, applicant and all contractors/subcontractors
subject to the provisions of this chapter. The notice of violation
shall contain:
(a)Â
The name and address of the operator/landowner, developer or
applicant.
(b)Â
The address of the site or a description of the building, structure
or land upon which the violation is occurring.
(c)Â
A statement specifying the nature of the violation.
(d)Â
A description of the remedial measures necessary to bring the
land development activity into compliance with this chapter and a
time schedule for the completion of such remedial action.
(e)Â
A statement of the penalty or penalties that can be assessed
against the person to whom the notice of violation is directed.
(2)Â
Within 15 days of notification of violation (or as otherwise provided
by the City), the violator shall take the remedial measures necessary
to bring the land development activity into compliance with this chapter.
B.Â
Stop-work order. The City Zoning Enforcement Officer may issue a
stop-work order for violation of this chapter. Persons receiving a
stop-work order shall be required to halt all land development activities,
except those activities that address the violation(s) identified in
the stop-work order. The stop-work order shall be in effect until
the City confirms that the land development activity is in compliance
and the violation has been satisfactorily addressed. Failure to address
a stop-work order in a timely manner may result in civil, criminal
and/or monetary penalties in accordance with this chapter.
C.Â
Violations. The City of Troy may require entities subject to this
chapter to maintain records demonstrating compliance with this chapter.
D.Â
Penalties. Any person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and each day during which
any violation of any of the provisions of this chapter is committed,
continued or permitted shall constitute a separate offense. Upon conviction
of any such violation, such person, partnership or corporation shall
be punished by a fine of not more than $250 for each offense. In addition
to any other penalty authorized by this section, any person, partnership,
or corporation convicted of violating any of the provisions of this
chapter shall be required to bear the expense of such restoration.
To the extent that the noncompliance with this chapter constitutes
a violation of the Clean Water Act and the Environmental Conservation
Law, there may be substantial criminal, civil and administrative penalties
depending upon the nature and degree of the offense.
E.Â
Withholding certificate of occupancy. If any building or land development
activity is installed or conducted in violation of this chapter the
City Zoning Enforcement Officer may prevent the occupancy of said
building or land.
F.Â
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition. In the event that restoration is not
undertaken within a reasonable time after notice, the City of Troy
may take necessary corrective action, the cost of which shall become
a lien upon the property until paid.
