A.
Stormwater pollution prevention plan requirement. 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.
B.
Contents of stormwater pollution prevention plans.
(1)
All SWPPPs shall provide the following background information and
erosion and sediment controls:
(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). The site map shall be
at a scale no smaller than one inch equals 100 feet;
(c)
Description of the soil(s) present at the site;
(d)
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;
(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 close-out;
(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
and sizing 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)
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; and
(p)
Any existing data that describes the stormwater runoff at the
site.
(2)
Land development activities meeting Condition A, B or C below shall
also include water quantity and water quality controls (postconstruction
stormwater runoff controls) as set forth below as applicable:
(a)
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.
(b)
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)
Condition C: stormwater runoff from land development activity
disturbing at least one acre but less than five acres of land during
the course of the project, exclusive of the construction of single-family
residences.
(3)
SWPPP requirements for Conditions A, B and C:
(b)
Description of each postconstruction stormwater management practice;
(c)
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice.
(d)
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms.
(e)
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions.
(f)
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice.
(g)
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice.
(h)
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.
(i)
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with this chapter.
C.
Plan certification. The SWPPP shall be prepared by a licensed professional
landscape architect or a licensed 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
of this chapter.
D.
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.
E.
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.
F.
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.
All land development activities shall be subject to the following
performance and design criteria:
A.
Technical standards. For the purpose of this chapter, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards imposed by this chapter:
(1)
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereinafter referred to as the "Design Manual").
(2)
New York Standards and Specifications for Erosion and Sediment Control
(Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereinafter referred
to as the "Erosion Control Manual").
B.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A above and the SWPPP shall be prepared by a licensed professional, as per § 73B-8C, above.
C.
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
A.
Maintenance and inspection during construction.
(1)
The applicant or developer of the land development activity or their
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%.
(2)
For land development activities as defined in this chapter and meeting Condition A, B or C of § 73B-8, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(3)
At the discretion of the SMO, the applicant, developer or their representative
may be required to be on site at all times during the construction
or grading activities that take place for the purposes of inspection
and documentation of the effectiveness of all erosion and sediment
control practices.
B.
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 Village
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 Suffolk County Clerk after approval by the counsel for the
Village.
C.
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,
as a minimum, the following:
(1)
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)
Written procedures for operation and maintenance and training new
maintenance personnel.
(3)
Discharges from the SMPs shall not exceed design criteria or cause
or contribute to water quality standard violations in accordance with
this chapter.
D.
Maintenance agreements. The Village shall approve a formal maintenance
agreement for stormwater management facilities binding on all subsequent
landowners and recorded in the Office of the Suffolk 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 this chapter. The Village, 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.
A.
A stormwater pollution prevention plan (SWPPP) consistent with the
requirements of this chapter shall be required for preliminary subdivision
plat approval. The SWPPP shall meet the performance and design criteria
and standards of this chapter. The approved preliminary subdivision
plat shall be consistent with the provisions of this chapter.
B.
A stormwater pollution prevention plan consistent with the requirements
of this chapter and with the terms of preliminary plan approval shall
be required for final subdivision plat approval. The SWPPP shall meet
the performance and design criteria and standards in this chapter.
The approved final subdivision plat shall be consistent with the provisions
of this chapter.
A.
Erosion and sediment control inspection.
(1)
The Village 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 Village enforcement
official at least 48 hours before any of the following as required
by the Stormwater Management Officer:
(a)
Start of construction.
(b)
Installation of sediment and erosion control measures.
(c)
Completion of site clearing.
(d)
Completion of rough grading.
(e)
Completion of final grading.
(f)
Close of the construction season.
(g)
Completion of final landscaping.
(h)
Successful establishment of landscaping in public areas.
(2)
If any violations are found, the applicant and developer shall be
notified in writing of the nature of the violation and the required
corrective actions. No further 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 Village 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 licensed 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.
Submission of reports. The Village Stormwater Management Officer
may require monitoring and reporting from entities subject to this
chapter as are necessary to determine compliance with this chapter.
E.
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 Village 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.
Construction completion guarantee. In order to ensure the full and
faithful completion of all land development activities related to
compliance with all conditions set forth by the Village in its approval
of the stormwater pollution prevention plan, the Board of Trustees
may require the applicant or developer 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 Village of Huntington Bay
as the beneficiary. The security shall be in an amount to be determined
by the Village 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 Board of Trustees, 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 Village.
B.
Maintenance guarantee. Where stormwater management and erosion and
sediment control facilities are to be operated and maintained by the
developer, the developer, prior to construction, may be required to
provide the Village with a cash escrow, a maintenance bond or 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 and sediment control facilities, the Village may draw
upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs. To the extent that such
escrow, bond or letter of credit, because of the draw, is no longer
sufficient to ensure the proper operation and maintenance of the facility,
the Village may require an additional escrow, bond or letter of credit.
C.
Recordkeeping. The Village may require entities subject to this chapter
to maintain records demonstrating compliance with this chapter.
The Village requires any person undertaking land development
activities regulated by this chapter to reimburse the Village for
costs of review of SWPPPs, inspections, or SMP maintenance performed
by the Village or performed by a third party for the Village in accordance
with such resolutions as may be adopted from time to time by the Board
of Trustees.
