A.Â
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be considered until
the Planning Board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the New York State current
general permit for construction activities, and the current general
permit for MS4s.
B.Â
Contents of stormwater pollution prevention plans.
(1)Â
In accordance with New York States current general permit for construction
activities, and the current general permit for MS4s, all SWPPPs shall
provide the following background information and erosion and sediment
controls:
(a)Â
Background information about the scope of the project, including
location, type and size of project;
(b)Â
Site map/construction drawing(s) for the project, including
a general location map at a scale no smaller than one inch equals
100 feet. At a minimum, the site map should show the total site area;
all improvements; areas of disturbance; areas that will not be disturbed;
existing vegetation; on-site and adjacent off-site surface water(s);
wetlands and drainage patterns that could be affected by the construction
activity; existing and final slopes; locations of off-site material,
waste, borrow or equipment storage areas; and location(s) of the stormwater
discharge(s);
(c)Â
Description of the soil(s) present at the site;
(d)Â
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)Â
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)Â
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)Â
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project from initial land clearing and grubbing
to project close-out;
(h)Â
A site map/construction drawing(s) specifying the location(s),
size(s) and length(s) of each erosion and sediment control practice;
(i)Â
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
(j)Â
Temporary practices that will be converted to permanent control
measures;
(k)Â
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)Â
Maintenance schedule to ensure continuous and effective operation
of the erosion and sediment control practice;
(m)Â
Name(s) of the receiving water(s);
(n)Â
Delineation of SWPPP implementation responsibilities for each
part of the site;
(o)Â
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)Â
Any existing data that describes the stormwater runoff at the
site.
(2)Â
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 in § 101-7B(3) below as applicable:
(a)Â
Condition A: stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water 303(d)
identified on New York State Department of Environmental Conservation
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)Â
Condition B: stormwater runoff from land development activities
disturbing five or more acres.
(c)Â
Condition C: stormwater runoff from construction activity or
land development disturbing between one and five acres of land during
the course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
(3)Â
SWPPP content requirements for Condition A, B and C:
(b)Â
Description of each postconstruction stormwater management practice;
(c)Â
Site map/construction drawing(s) showing the specific location(s)
and size(s) of each postconstruction stormwater management practice;
(d)Â
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
(e)Â
Comparison of postdevelopment stormwater runoff conditions with
predevelopment conditions;
(f)Â
Dimensions, material specifications and installation details
for each postconstruction stormwater management practice;
(g)Â
Maintenance schedule to ensure continuous and effective operation
of each postconstruction stormwater management practice;
(h)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;
(i)Â
Inspection and maintenance agreement binding on all subsequent
landowners served by the on-site stormwater management measures in
accordance with Part 1.
(j)Â
For Condition A, the SWPPP shall be prepared by a landscape
architect, certified professional or professional engineer and must
be signed by the professional preparing the plan, who shall certify
that the design of all stormwater management practices meet the requirements
in this chapter.
C.Â
Plan certification. The SWPPP shall be prepared by a landscape architect,
certified professional in erosion and sediment control (CPESC) or
professional engineer and must be signed by the professional preparing
the plan, who shall certify that the design of all stormwater management
practices meet the requirements in the New York State current general
permit for construction activities, and the current general permit
for MS4s.
Construction Activities and this Part 1.
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D.Â
Other environmental permits. The applicant shall certify that all
other applicable environmental permits have been, or will be, acquired
for the land development activity prior to making application to the
Town of New Hartford.
E.Â
Contractor certification.
(1)Â
Each contractor and subcontractor identified in the SWPPP who will
be involved in soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following certification
statement before undertaking any land development activity.
"I certify under penalty of law that I understand and agree
to comply with 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."
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(2)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.
(3)Â
The certification statement(s) shall become part of the SWPPP for
the land development activity.
F.Â
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of intiation of construction
activities to the date of final stabilization.
All land development activities shall be subject to the following
performance and design and criteria:
A.Â
Technical standards. For the purpose of this Part 1, 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 Part 1:
(1)Â
The New York State Stormwater Management Design Manual (New York
State Department of Environmental Conservation, most current version
or its successor, hereafter referred to as the "Design Manual").
(2)Â
New York Standards and Specifications for Erosion and Sediment Control,
(Empire State Chapter of the Soil and Water Conservaton Society, 2004,
most current version or its successor, hereafter referred to as the
"Erosion Control Manual").
B.Â
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
and the SWPPP shall be prepared by a licensed professional.
C.Â
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.Â
Maintenance and inspection during construction.
(1)Â
The applicant or developer of the land development activity 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 Part 1. Sediment shall be removed from sediment
traps or sediment ponds whenever their design capacity has been reduced
by 50%.
(2)Â
The applicant or developer or its 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. Inspection reports shall be completed every seven
days and within 24 hours of any storm event producing 1.0 inch of
precipitation or more. The reports shall be delivered to the Codes
Enforcement Officer and also copied to the site logbook.
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 New York
State Department of Environmental Conservation and/or a designated
representative of the Town of New Hartford to ensure that the facility
is maintained in proper working condition to meet design standards
and any other provisions established by this Part 1. The easement
shall be recorded by the grantor in the Office of the County Clerk
after review by the Counsel for the Town of New Hartford and acceptance
by the Town Board of the Town of New Hartford.
C.Â
Maintenance after construction. Permanent stormwater management practices
installed in accordance with this Part 1 shall be operated and maintained
to achieve the goals of this Part 1. Proper operation and maintenance
also includes, as 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 Part 1.
(2)Â
Written procedures for operation and maintenance and training new
maintenance personnel.
D.Â
Maintenance agreements. Prior to final plan approval, the Town of
New Hartford shall approve a formal maintenance agreement for stormwater
management facilities that shall be binding on all subsequent landowners
and recorded in the office of the County Clerk as a deed restriction
on the property. The maintenance agreement shall be consistent with
the terms and conditions of Appendix B2 of this Part 1 entitled "Sample
Stormwater Control Facility Maintenance Agreement." In lieu of a maintenance
agreement, the Town of New Hartford may, at it sole discretion, accept
dedication of any existing or future stormwater management facility,
provided such facility meets all the requirements of this Part 1 and
includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.